Escondido City Council
June 10, 2026

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Item8.

Appendix G – Scoping Agreement for
Transportation Studies
Exhibit C
Resolution No. 2026-90
Exhibit "C"

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Item8.

APPENDIX A A
Scoping Agreement for Transportation Studies
PART 1
General Project Information and Description
Project Information
Project Name: Hamilton Ln 5-Lot TSM
Project Location: SE Corner of Bernardo Ave & Hamilton Ln Project Description
Land Uses and Intensities: 5 SFR with 5 ADU on 5-lots
Gross and Developable Acreage: 6.2 ac / 5 ac
Building Square Footage or Number of Dwelling Units:

Vehicle Parking Spaces: 15
Bicycle Parking Spaces: 0
Motorcycle Spaces: 0
Electric Vehicle Spaces:0
Project Applicant:

Name: Hamilton Bernardo, LLC
Address: PO Box 1795, La Jolla, CA 92038
Telephone and Email: 858-699-9311 / [email protected] Consultant
Firm: Mizuta Traffic Consulting
Project Manager: Marc Mizuta, PE, TE, PTOE
Address: 5694 Mission Center Rd #602-121, San Diego, CA 92108 Telephone and Email: 858-752-8212 / [email protected] Project Trip Generation
Source: SANDAG Pass-by Trips: n/a
Total Daily Trips*: 80 Diverted Trips: n/a
Internal Capture Rate: 0 Trip Credit: 0
Alternative Modes: n/a Net New Daily Trips: 80
*If truck traffic accounts for 25% or more of project trips, then a Passenger Car Equivalent (PCE) factor of 2.5 should be applied to all truck trips.

General Plan Consistency
Is this project consistent with the General Plan? 5Yes 侊 No Exhibit C
Resolution No. 2026-90
Exhibit "C"

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Site Plan
Attach 11x17 copies of the project location/vicinity map and site plan containing the following:
x Driveway locations and access type
x Pedestrian access, bicycle access, and on-site pedestrian circulation x Location and distance to nearest existing transit stop (measure as walking distance to project entrance or middle of parcel)
x Location of planned or proposed pedestrian or bicycle improvements within ¼ mile of the project identified in the General Plan Mobility and Infrastructure Element or the Bicycle Master Plan CEQA Transportation Analysis Screening
Project Type Screening Criteria for CEQA Vehicle Miles Travelled (VMT) Analysis 1) Select the Land Uses that apply to your project
2) Answer the questions for each Land Use that applies to yourproject (if “Yes” in any land use category below then that land use (or a portion of the land use) is screened from CEQA VMT Analysis; If a project is screened out, a technical memorandum is still required to document the screening process) Screened
Out
Not
Screened
Out
Yes No
5 1. Small Residential and Employment Projects:
a. Does the project result in 200 daily trips or less? 5 ܆ ܆ 2. Project is Located in a Transit-Accessible Area:
a. Is the project located within a half-mile walking distance of an existing major transit stop or an existing stop along a high-quality transit corridor? ܆ ܆
b. Additional project features:
i. Does the SURMHFWKDYHD)ORRU$UHD5DWLR• 0.75? ܆ ܆ ii. Does project include the least amount of parkingrequired for residents, customers, or employees (i.e. not more than required)? ܆ ܆
iii. Is the project consistent with SANDAG’s most recent Sustainable Communities Strategy or the City of Escondido GeneralPlan? ܆ ܆
iv. Does the project replace affordable residential units with a greater number of moderate- or high-income residentialunits?
܆ ܆
v. Does the project have basic walking and biking accessto transit (e.g., sidewalks connecting to transit stops)?
܆ ܆
܆ 3. Project is in a VMT-Efficient Area:
a. Is the project in a VMT/Capita or VMT/Employee Efficient Area per SANDAG screening maps?
܆܆
܆ 4. Locally-Serving Retail Project:
a. Is the project less than 50,000 square feet and expected to draw at least 75% of customers from the local area?
܆ ܆
܆ 5. Locally Serving Public Facility:
a. Is the project a locally serving public facility? ܆܆ ܆ 6. Redevelopment Project:
a. Does the project result in a net decrease in total Project VMT than the existing use? ܆ ܆
Exhibit C
Resolution No. 2026-90
Exhibit "C"

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Item8.

Non-CEQA Local Mobility Analysis
Local Mobility Analysis (LMA) Requirement
1) Select the Street Classifications for each street in the studyarea 2) Answer the questions for each Street Classification that applies to your project Yes No ܆ 1. Prime Arterial:
a. Does the project add 900 ADT or more to any segment classified as 8-lane Prime Arterial?
܆܆
b. Does the project add 800 ADT or more to any segment classified as 6-lane Prime Arterial?
܆܆
܆ 2. Major Road:
a. Does the project add 700 ADT or more to any segment classified as 6-lane Major Road?
܆ ܆
b. Does the project add 500 ADT or more to any segment classified as 4-lane Major Road?
܆ ܆
܆ 3. Collector:
a. Does the project add 500 ADT or more to any segment classified as 4-lane Collector without parking?
܆܆
b. Does the project add 250 ADT or more to any segment classified as 4-lane Collector with parking?
܆܆
5 4. Local Collector and other:
a. Does the project add 200 ADT or more to any segment classified as 2-lane Local Collector or any other classifications?
5 ܆
Certain types of projects which generate less than 500 ADT may be considered by the City staff for an LMA waiver only where the affected segments and intersections operate at LOS C or better.

Please briefly explain why your project might be eligible for an LMA waiver.

PART 2 (n/a)
Trip Distribution and Trip Assignment
ڧSelect Zone (Model Series ) Projects that generate greater than 2,400 daily trips ڧManual Estimation Projects that generate less than 2,400 daily trips Provide an exhibit detailing the project’s trip distribution and trip assignment.

Provide a table with the project’s daily trip assignment for each street segment in the study area.

Exhibit C
Resolution No. 2026-90
Exhibit "C"

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Study Intersections and Roadway Segments (NOTE: Subject to change based of staff review)

1. 6.

2. 7.

3. 8.

4. 9.

5. 10.

Attach a separate page if the number of study locations exceeds 10.

Other Jurisdictions
Is this project located within one mile of another Local Jurisdiction? ܆ Yes 5No If yes, name of Jurisdiction:

Specific Issues to be addressed within the Study
(in addition to requirements described in the Guidelines – to be filled out by City Staff)

1. 2.

3. 4.

5. Recommended by:

Consultant’s Representative Date
Scoping Agreement Submitted on
Date
Scoping Agreement Re-submitted on
Date
Approved Scoping Agreement:

City of Escondido Date
Transportation Specialist

C lt t’
ecommended by:

R tt
Exhibit C
Resolution No. 2026-90
Exhibit "C"

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Item8.

PREPARED BY:

M A S S O N
ASSESSOR'S PARCEL NO:LEGAL DESCRIPTION:OWNER/APPLICANT:

VICINITY MAP

PROJECT DESCRIPTION
Exhibit C
Resolution No. 2026-90
Exhibit "C"

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% ADT % ADT
Single Family Detached 10 trips / du 8% 0.30 : 0.70 10% 0.70 : 0.30 Apartment 6 trips / du 8% 0.20 : 0.80 9% 0.70 : 0.30
In Out In Out
Single Family Detached 5 50 2 2 4 1
ADU 5 30 1 2 3 0
80 3 4 7 1
Notes:

TRIP GENERATION CALCULATIONS
Land Use Amount ADT

AM PEAK PM PEAK
Total Total
TRIP GENERATION RATES1
Land Use Weekday Daily

AM PEAK PM PEAK
In:Out Ratio In:Out Ratio

1. The trip rates are based on SANDAG's Brief Guide of Vehicular Trip Generation Rates for the San Diego Region, April 2002. du: dwelling unit
TOTAL 78
du 3 3
Proposed Use
du 4 5
Exhibit C
Resolution No. 2026-90
Exhibit "C"

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Item8.

Bicycle Network
LEGEND
Project Site 0.25-mile radius
Source: City of Escondido Bicycle Master Plan, Figure ES 1 Exhibit C
Resolution No. 2026-90
Exhibit "C"

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Circulation Element
LEGEND
Project Site
Exhibit C
Resolution No. 2026-90
Exhibit "C"

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Item8.

Hamilton Bernardo, LLC
Mitigation Monitoring and Reporting Program
Project Impact 2007 Mitigation Measure Responsible
Department
Monitoring
Action
Implementation
Schedule
Verification of Completion
Check Box Date
Air Quality
The project will
potentially impact
air quality in the
area surrounding the
project during
construction.

Prior to construction and issuance of grading
and building permits, a site-specific analysis
and report shall be prepared by a qualified
professional to the satisfaction of the
Director of Public Works and Building
Official to determine equipment and
methods necessary to protect adjacent
properties from adverse air quality impacts
which may result from construction.

A project-specific air quality analysis was
prepared forthe project and provided as part
of the discussion in Section 14.3, Air Quality.

The proposed project would have no adverse
effect on air quality. This mitigation measure
has been satisfied.

N/A N/A N/A N/A N/A
Biological Resources
No non-native
grassland or coastal
sage scrub
vegetation was
reported in the
Biological Resources
Memorandum
prepared by Tierra
Data, Inc., July 2024.

These habitat types
no longer occur on
the site. Mitigation
from the 2007 Initial
Study pertaining to
BIO-1 and BIO-2. To address direct impacts
to non-native grasslands and coastal sage
scrub, the proposed mitigation ratio is 0.25:1
for non-native grasslands and 1:1 for coastal
sage scrub. This would be documented by a
purchase of habitat credits from an approved
mitigation bank(s).

Mitigation measures BIO-1 and BIO-2 would
be enforced at the City’s discretion.

City of Escondido
Planning
Department
Verify a purchase
of mitigation
credits.

Prior to grading
permit

EXHIBIT D
Resolution No. 2026-90
Exhibit "D"

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Item8.

Hamilton Bernardo, LLC
Mitigation Monitoring and Reporting Program
Project Impact 2007 Mitigation Measure Responsible
Department
Monitoring
Action
Implementation
Schedule
Verification of Completion
Check Box Date
non-native grassland
and coastal sage
scrub remains
applicable.

Multiple trees would
be removed;
however, the Project
would be in
compliance with
City’s Municipal
Code requirements
for trees. Regardless,
for each Live Oak tree
removed, the tree
would be replaced
on-site and one
additional tree would
be planted on-site as
so stated in the 2007
Initial Study.

BIO-3. Impacts to native Live Oaks trees will
be mitigated by relocating the four Live Oaks
on-site and planting four new Live Oak trees
on-site.

City of Escondido
Building
Department
Verify that
replacement oak
trees are shown
on the landscape
plan and confirm
prior to final
approval of
landscaping
installation.

Prior to final
approval of
landscape
installation.

Multiple trees would
be removed to
accommodate the
proposed project. A
preconstruction
nesting survey
would be required
consistent with the
2007 Initial Study.

BIO-4. A qualified biologist must inspect trees
for nests priorto any brushing, grading, tree
relocation or construction within close
proximity to, or within the existing Oaks
discussed in the Biological Report's
addendum of 2/14/07. If any active nests of
sensitive species are found, no impacts will be
allowed until all young have fledged.

City of Escondido
Building
Department
Verify receipt of
preconstruction
survey report.

Prior to final
approval of the
grading permit.

The proposed project
would replace Live
Oak trees removed
BIO-5. The applicant shall provide funding
to the satisfaction of the City for the five-year
monitoring of the oak trees with sufficient
City of Escondido
Planning
Department
Verify that funds
have been
provided to cover
Prior to final
approval of
landscape
City of Escondido
Resolution No. 2026-90
Exhibit "D"

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Hamilton Bernardo, LLC
Mitigation Monitoring and Reporting Program
Project Impact 2007 Mitigation Measure Responsible
Department
Monitoring
Action
Implementation
Schedule
Verification of Completion
Check Box Date
during construction at a
1:1 ratio on-site and
plant one additional
Live Oak tree as
mitigation for impacts
to Live Oak tree
impacts.
reserve for the replacement of any
dead/dying stock.
5-year monitoring
of oak trees.
installation.

Hazards
Project is near the
Chatham Barrel
Yard (a Superfund
Cleanup Site). The
project site has one
County Monitoring
well to that is to
remain.

Monitoring well MW57 is to remain
onsite and be accessible to the Chatham
Brothers RP Group for monitoring
purposes until officially released. Upon
release, it is to be removed per Regional
Board and City of Escondido standards.

Alternately, if a new replacement well is
installed nearby and approved by the
Regional Board and Department of Toxic
Substances Control (DTSC), existing well
MW57 can also then be released and
removed per Regional Board and City of
Escondido standards.

MW 57 was decommissioned as
documented in a letter provided by
Chatham Site PRP Group dated May 21,
2009. This mitigation measure is not
applicable.

N/A N/A N/A N/A N/A
Hydrology/Water Quality
Potable water would
be provided by the
City of Escondido
Water Department.

HYD-1. No drinking water wells shall be
drilled on-site and no excavations shall be
allowed on-site without proper permits.

City of Escondido
Building
Department
Verify that no
excavations
occurred prior to
receipt of the
Prior to issuance
of the grading
permit.

Resolution No. 2026-90
Exhibit "D"

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Item8.

Hamilton Bernardo, LLC
Mitigation Monitoring and Reporting Program
Project Impact 2007 Mitigation Measure Responsible
Department
Monitoring
Action
Implementation
Schedule
Verification of Completion
Check Box Date
No wells would be
drilled on-site.
applicable.
grading permit.

Resolution No. 2026-90
Exhibit "D"

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Resolution No. 2026-90
Exhibit “E”

EXHIBIT “E”
PLANNING CASE NO PL24-0067

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 (“Project”), as the public agency with the principal responsibility for approving the Project.

2. In order to evaluate the previous 5-Lot Tentative Subdivision Project proposed on the subject site, under the California Environmental Quality Act (“CEQA”), an Initial Study/Mitigated Negative Declaration (“IS/MND”) (City Log No. ER2005-33) was adopted by the Escondido City Council.

3. CEQA Guidelines Section 15164 allows for a lead agency 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 IS/MND, and the attached Project Addendum (“First Addendum”), and finds that these documents taken together contain a complete and accurate reporting of all of the environmental impacts associated with the modified Project, described herein. The City Council further finds that the First Addendum and administrative record have been completed in compliance with CEQA, and that the adopted IS/MND, and this Project Addendum, reflect the City’s independent judgement.

4. Based on substantial evidence set forth in the record, including, but not limited to the 2007 IS/MND and the attached First Addendum, the City Council finds that, based on the whole record before them, none of the conditions under CEQA Guidelines Section 15162-15163, requiring subsequent environmental review, have occurred because the modified Project:
a. Will not result in substantial changes that would require major revisions of the 2007 IS/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 2007 IS/MND due to 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 1839
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Resolution No. 2026-90
Exhibit “E”

time the 2007 IS/MND was certified and was approved showing any of the following:
i. The Project will have one or more significant effects not discussed in the previous negative declaration;
ii. Significant effects previously examined will be substantially more severe than shown in the previous IS/MND;
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 alternatives which are considerably different from those analyzed in the previous IS/MND 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 forth in the record, including but not limited to the 2007 adopted IS/MND and the First Addendum prepared for the Project, the City Council finds that the applicable mitigation measures identified in the 2007 IS/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 modified 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 2007 IS/MND.

7. 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 designated 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.

TENTATIVE MAP DETERMINATIONS (PL24-0067)
(Subdivision Map Act and Chapter 32 of the Escondido Municipal Code) With respect to Planning Case No. PL24-0067, City Council makes the finding that none of the findings (a) through (g) below in Section 66474 of the California Government Code that require a City to deny approval of a Tentative Subdivision Map apply to this Project for the reasons stated as follows:

1. That the proposed map is consistent with the applicable general and specific plans as specified in Section 65451 of the Subdivision Map Act.
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Item8.

Resolution No. 2026-90
Exhibit “E”

As detailed in the Planning Commission staff report dated April 28, 2026, the Project site is located within the Estate I (E1) General Plan land use designation which permits density on a sliding scale depending on the existing slope categories of a site. Based on a review of the Project site’s slopes, the Project’s maximum density is six units; however, the addition of a private road and stormwater basin as required for stormwater reduces density yield to five (5) dwelling units (per Article 32).

The Project is not located within a specific plan as shown on the City’s 2012 General Plan Land Use Map. Therefore, the Project is consistent with this Finding.

2. That the design or improvement of the proposed subdivision is consistent with the applicable general and specific plans.

The Project consists of five (5) residential lots for future development with single-family residence, which single-family residential is permitted by the Escondido Zoning Code (EZC), and consistent with the General Plan Estate I land use designation. The subdivision for the residential lots consists of a private road and biofiltration basin to be maintained by the future Homeowner’s Association (HOA). The design of the private road as shown on the Tentative Map is designed to meet City engineering standards, and the standards for the Escondido Fire Department. The Project is conditioned to comply with City standards related to street design. Therefore, the Project is consistent with this Finding.

3. The Project site is physically suitable for the proposed type of Project.

The Project site is approximately 6.02 gross acres consisting of slope categories mainly within the 0-15% range. Four (4) of the five (5) lots would take access from the proposed private road easement, while the remaining lot would take access from Bernardo Avenue to the west. All lots meet the standards required for residential development, and no unusual circumstances exist that would prohibit or constrain residential development on site. Furthermore, the site is physically suitable in that the proposed lot designs comply with EZC requirements for the R-1 zone pertaining to required minimum lot size and width.

4. That the site is physically suitable for the proposed density of development.

The Project includes a Tentative Subdivision Map to subdivide one existing lot into five (5) lots, one which contains the biofiltration basin for private drainage. As detailed in the Planning Commission staff report dated April 28, 2026, the Project site is located within the E1 land use designation which permits density on a sliding scale based on the slope category of the site. The permitted density is 6 dwelling units; however, required improvements to the site reduce the feasible density to 5 units. The minimum lot size for the parcels is 40,000 square-feet, and the minimum average lot width is 150 feet, consistent with Residential Estate (RE-40) standards.

Therefore, the Project is consistent with this Finding.

5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially or avoidably injure fish or wildlife, or their habitat.

Pursuant to the California Environmental Quality Act (CEQA), an Addendum (“First Addendum”) was prepared to the 2007 Initial Study/Mitigated Negative Declaration (IS/MND), which analyzed the minor change to the previously approved project, Tract 931 (2005-06-AN, 2005-46-PZ, ER2005-33). The minor change, the addition of a biofiltration basin for stormwater drainage, is 1841
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Resolution No. 2026-90
Exhibit “E”

not anticipated to result in substantial environmental impacts to the site, in that it is a requirement of state law regulating water runoff and water quality—regulations that did not exist at the time of the original approval. All potential environmental impacts previously identified under the adopted IS/MND are required to be mitigated accordingly. Therefore, the Project is consistent with this Finding.

6. That the design of the subdivision or type of improvements is not likely to cause serious public health problems.

The Project as designed is not anticipated to cause any public health problems. Further, the Project has been conditioned to prohibit the drilling of drinking wells on site as well as excavations.

Therefore, the Project is consistent with this finding.

7. That the design of the subdivision or the type of improvements would not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

There are several easements that run throughout the proposed subdivision and Project site; however, none have been acquired by the public at large, and are all intended for private use.

The design of the subdivision and improvements as proposed would not conflict with easements acquired by the public at large. Therefore, the Project is consistent with this Finding.

8. All permits and approvals applicable to the proposed Tentative Map pursuant to Chapter 33 of this code have been obtained.

The Project consists of a request for a Tentative Subdivision Map. Approval of the Project would result in all permits applicable to the proposed Tentative Map being obtained, or conditioned to be obtained administratively as permitted by the Escondido Zoning Code. The Escondido Zoning Code does not require subdivisions of land to include architectural plotting of future residential uses. Therefore, the Project is conditioned to comply with requirements of Article 64 (Design Review) where architectural plotting would be approved administratively subject to Zoning Code requirements. Therefore, the Project is consistent with this Finding.

9. All applicable requirements of the Map Act and any ordinance of the City of Escondido regulating or otherwise relating to the conversion of existing buildings into condominiums or stock cooperatives have been satisfied.

The Project does not include the conversion of existing buildings into condominiums or stock cooperatives. This finding for approval of a Tentative Map is not applicable to the Project.

10. The proposed Tentative Map shall be in conformity with the zone in which it is located. To the extent that the property, which is subject of the proposed Tentative Map, is an existing legal nonconforming multi-family residential use, this requirement shall not apply, in accordance with Chapter 33 of this code.

As detailed in the Planning Commission staff report dated April 28, 2026, the Project complies with all requirements of the Residential Estate – 40,000 (RE-40) zone, including minimum lot size, lot width, and density. Further, the proposed Tentative Map is not an existing legal nonconforming multi-family residential use. Therefore, the Project is consistent with this Finding. 1842
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Resolution No. 2026-90
Exhibit “E”

11. All requirements of CEQA have been met.

An Addendum to the previously adopted IS/MND was prepared in conformance with CEQA Guidelines Section 15164, and none of the triggers listed in CEQA Guidelines Section 15162 requiring the preparation of further environmental document apply. Therefore, the Project is consistent with this Finding.

No Net Loss Finding
(Government Code section 65683)
Pursuant to California Government Code Section 65863, the City Council finds the following:

The Project site (Assessor Parcel No. 238-360-68-00) is identified in the Housing Element to accommodate a portion of the regional housing need. The estimated capacity on the Project site is as follows:

Very-low Low Moderate Above Moderate
0 0 0 5
The Project does not reduce the density of the site below what is projected in the Housing Element; the Housing Element shows a site capacity of 5 above-moderate income units, which matches the proposed Project.

Very-low Low Moderate Above Moderate
Sites
Inventory
capacity for
Project site
0 0 0 5
Proposed
Units 0
0 0 5
Change in
units +/(-)
- - - 0
The proposed development's residential density is consistent with the Housing Element, and the remaining sites identified in the Housing Element are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City's share of the regional housing need pursuant to Section 65584.
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Resolution No. 2026-90
Exhibit “F”

EXHIBIT “F”
PLANNING CASE NO. PL24-0067

CONDITIONS OF APPROVAL
This Project is conditionally approved as set forth on the application received by the City of Escondido on March 12, 2024, and the Project drawings consisting of Civil Sheets/Grading, Stormwater, and Landscape Plans; all designated as approved on April 28, 2026, and shall not be altered without express authorization by the Development Services Department.

For the purpose of these conditions, the term “Applicant” shall also include the Project proponent, owner, permittee, and the Applicant’s successors in interest, as may be applicable.

A. General:

1. Acceptance of Permit. If the Applicant fails 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 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 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 Development Services, 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 1844
Item8.

Resolution No. 2026-90
Exhibit “F”

make them internally 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. A final Approved Plan set, shall be submitted to Planning Services for certification electronically. 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 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 Development Services to be in substantial conformity with the Approved Plan set, including all exhibits and Permit conditions attached hereto. Such “minor” modifications shall be processed through a substantial conformance process identified by the Planning Division. 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 Development Services 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 Development Services.

7. Availability of Permit Conditions.
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a. Prior to grading 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 Development Services. 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 Development Services. 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 Development Services Department.

Approval of this development project is conditioned upon payment of all applicable development fees and connection fees in the manner provided in Chapter 6 of the Escondido Municipal Code. 1846
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11. Public Art Partnership Program. All requirements of the Public Art Partnership Program, Ordinance No. 86-70 shall be satisfied 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 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 Services, within two 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. Enforcement. If any of the terms, covenants, or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, the City of Escondido shall have the right to deny or withhold subsequent permit approvals or permit inspections that are derived from the application entitlements herein granted; issue stop work orders; pursue 1847
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abatement orders, penalties, or other administrative remedies as set forth in state and local laws; or institute and prosecute litigation to compel compliance with such terms, covenants, or conditions or seek damages for their violation. The Applicant shall be notified in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City.

16. Indemnification, Hold Harmless, Duty to Defend.
a. The Applicant shall indemnify, hold harmless, and defend (with counsel reasonably acceptable to the City) the City, its Councilmembers, Planning Commissioners, boards, commissions, departments, officials, officers, agents, employees, and volunteers (collectively, “Indemnified Parties”) 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, at law or in 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 (i) any business, work, conduct, act, omission, or negligence of the Applicant or the owner of the Property (including the Applicant’s or the owner of the Property’s contractors, subcontractors, licensees, sublessees, invitees, agents, consultants, employees, or volunteers), or such activity of any other person that is permitted by the Applicant or owner of the Property, occurring in, on, about, or adjacent to the Property; (ii) any use of the Property, or any accident, injury, death, or damage to any person or property occurring in, on, or about the Property; or (iii) any default in the performance of any obligation of the Applicant or the owner of the Property to be performed pursuant to any condition of approval for the Project or agreement related to the Project, or any such claim, action, or proceeding brought thereon. Provided, however, that the Applicant shall have no obligation to indemnify, hold harmless, or defend the City as to any Claims that arise from the sole negligence or willful misconduct of the City. In the event any such Claims are brought against the City, the Applicant, upon receiving notice from the City, shall defend the same at its sole expense by counsel reasonably acceptable to the City and shall indemnify the City for any and all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney’s fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City).
b. The Applicant further and separately agrees to and shall indemnify, hold harmless, and defend the City (including all Indemnified Parties) from and against any and all Claims brought by any third party to challenge the Project or its approval by the City, including but not limited to any Claims related to the Project’s environmental determinations or environmental review documents, or any other action taken by the City regarding 1848
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environmental clearance for the Project or any of the Project approvals. Such indemnification shall include the Applicant’s payment for any and all administrative and litigation costs and expenses incurred by the City in defending against any such Claims, including payment for all administrative and litigation costs incurred by the City itself, the costs for staff time expended, and reasonable attorney's fees (including the full reimbursement of any such fees incurred by the City’s outside counsel, who may be selected by the City at its sole and absolute discretion and who may defend the City against any Claims in the manner the City deems to be in the best interests of the City and the Project).
c. The City, in its sole discretion and upon providing notice to the Applicant, may require the Applicant to deposit with the City an amount estimated to cover costs, expenses, and fees (including attorney’s fees) required to be paid by the Applicant in relation to any Claims referenced herein, which shall be placed into a deposit account from which the City may draw as such costs, expenses, and fees are incurred. Within 14 days after receiving written notice from the City, the Applicant shall replenish the deposit account in the amount the City determines is necessary in the context of the further defense of such Claims. To the extent such deposit is required by the City, the amount of such deposit and related terms and obligations shall be expressed in a written Deposit Account Agreement, subject to the City Attorney’s approval as to form. The City, in its sole and reasonable discretion, shall determine the amount of any initial deposits or subsequent deposits of funds, and the Applicant may provide documentation or information for the City to consider in making its determinations. Nothing within this subsection shall be construed as to relieve the Applicant’s obligations to indemnify, hold harmless, or defend the City as otherwise stated herein.

17. Phasing. A phasing plan shall be submitted for all projects which include more than one building.

The phasing plan shall identify the order in which all on- and off-site improvements will be installed, including triggers for improvements resulting from mitigation measures placed on the project through the environmental review process or required for General Plan conformance.

The plan shall also identify the order in which structures will be built and occupied, the location of construction fencing at each phase of construction, and any other means necessary to prevent conflicts between construction traffic and users of the occupied buildings. The phasing plan shall be approved by the City Planner, Building Official, City Engineer and Fire Marshal prior to the issuance of a grading permit for the project. The phasing plan shall not be modified without written consent from the City of Escondido.

B. Construction, Maintenance, and Operation Obligations:

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 Services Department, Director of Development Services, Building Official, City Engineer, and the Fire Chief in carrying out the 1849
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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. Nothing in these 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 shall 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 permit 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).

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 1850
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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. All appropriate trash enclosures or other approved trash systems shall be approved by Planning and Engineering Services. 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 terms and conditions, and responding to neighborhood concerns.

14. Construction Waste Reduction, Disposal, and Recycling. Applicant shall recycle or salvage for reuse a minimum of 65% of the non-hazardous construction and demolition waste for residential projects or portions thereof in accordance with either Section 4.408.2, 4.408.3, or

4.408.4 of the California Green Building Standards Code; and/or for non-residential projects or portions thereof in accordance with either Section 5.408.1.1, 5.408.1.2, or 5.408.1.3 of the California Green Building Standards Code. In order to ensure compliance with the waste diversion goals for all residential and non-residential construction projects, the Applicant must submit appropriate documentation as described in Section 4.408.5 of the California Green Building Standards Code for residential projects or portions thereof, or Section 5.408.1.4 for nonresidential projects or portions thereof, demonstrating compliance with the California Green Building Standards Code sections cited above.

15. Construction Equipment Emissions. Applicant shall incorporate measures that reduce construction and operational emissions. Prior to the City’s issuance of the demolition and 1851
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grading permits for the Project, the Applicant shall demonstrate to the satisfaction of the Planning Division that its construction contractor will use a construction fleet wherein all 50-horsepower or greater diesel-powered equipment is powered with California Air Resources Board (“CARB”) certified Tier 4 Interim engines or equipment outfitted with CARB-verified diesel particulate filters. An exemption from this requirement may be granted if (i) the Applicant provides documentation demonstrating that equipment with Tier 4 Interim engines are not reasonably available, and (ii) functionally equivalent diesel PM emission totals can be achieved for the Project from other combinations of construction equipment. Before an exemption may be granted, the Applicant’s construction contractor shall demonstrate to the satisfaction of the Director of Development Services that (i) at least two construction fleet owners/operators in San Diego County were contacted and those owners/operators confirmed Tier 4 Interim equipment could not be located within San Diego County during the desired construction schedule, and (ii) the proposed replacement equipment has been evaluated using the California Emissions Estimator Model (“CalEEMod”) or other industry standard emission estimation method, and documentation provided to Planning Services confirms that necessary project-generated functional equivalencies in the diesel PM emissions level are achieved.

C. Parking and Loading/Unloading.

1. Upon construction of the dwelling units, a minimum of two off-street covered parking spaces shall be provided for each parcel 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 striping shall be drawn on the plans or a note shall be included indicating double-striping per City standards.

2. 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.
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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 Engineering Services Department for review and approval, if meeting any of the criteria listed under Section 33-1323 of the Zoning Code. Five copies of detailed landscape and irrigation plans shall be submitted 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 be required.) The landscape and irrigation plans shall be reviewed and approved by Planning Services 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 Planning Services. 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) is 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 Planning Services 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 Development Services. e. New or retrofitted trash enclosures shall accommodate vertical climbing plants, vines with support trellis panels, clinging non-deciduous or fast growing shrubbery that will screen 1853
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the enclosures wall surface. The Director of Development Services 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.
f. All manufactured slopes, or slopes cleared of vegetation shall be landscaped within thirty (30) days of completion of rough grading. If, for whatever reason, it is not practical to install the permanent landscaping, then an interim landscaping solution may be acceptable. The type of plant material, irrigation, and the method of application shall be to the satisfaction of Planning Services and the City Engineer. g. All slopes shall be landscaped with suitable material to control erosion. All manufactured slopes over three (3) feet in height shall be landscaped with a combination of trees, shrubs, and groundcover. Fill slopes shall have a minimum of six (6) trees, fifteen (15) gallon in size and ten (10) shrubs, five (5) gallon size per 1,000 square feet of slope area plus ground cover. Groundcover shall provide one hundred percent coverage within one year of installation. Cut slopes shall have a minimum of six (6) trees, five (5) gallon in size and ten (10) shrubs, one (1) gallon size per 1,000 square feet of slope area plus ground cover. Groundcover shall provide one hundred percent coverage within one year of installation. The type of plant material shall be low maintenance, dought resistant, and fast growing, to the satisfaction of Planning Services. In particular, the ground cover shall be a fast-growing species which establishes quickly and is capable of choking out weeds.

All slopes over three vertical feet shall be irrigated with an individual lot irrigation system approved by Planning and Building Services.
h. One 15-gallon street tree per 30 feet of linear frontage shall be provided along every frontage in, or adjacent to this subdivision in conformance with the Escondido Landscape Ordinance (EZC Article 62), and approved Street Tree List. Specimen size trees (min. 24-inch box per nursery standards) along with shrubs and groundcover, shall be incorporated into the landscape design along the proposed private road, Bernardo Avenue, and Hamilton Lane. The type and location of trees shall be identified on the landscape plans.
i. Any common open space areas shall be maintained through a landscape maintenance district, Homeowner’s Association (HOA), or other means to the satisfaction of the City. j. Any fencing proposed on individual lots shall be generally located at the top of slopes to the satisfaction of Planning Services.

E. Specific Planning Services Conditions:
a. All future habitable buildings within the subdivision shall be noise-insulated to maintain interior noise levels not to exceed 45 dBA. A final interior noise assessment shall be submitted prior to building permit issuance, and with the building plans during the plan 1854
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check process, demonstrating compliance with the interior noise requirements.

Recommendations of the study shall be included in the building construction plans. b. Prior to Final Map approval, a note shall be included on the Final Map, or other documents provided, stating that the grading shall be in conformance with the submitted conceptual design.
c. No street names are a part of this approval. The Applicant shall submit a separate request prior to Final Map recordation, through the Planning service area of Develoment Services.

Street names shall be approved prior to Final Map approval. d. Administrative Design Review shall be required prior to submittal of a grading permit. The Applicant shall submit a Design Review Permit pursuant to Article 64 (Design Review) of the Escondido Zoning Code prior to Grading Permit issuance for final plotting design. e. Based on the sensitivity of the project site and the presence of P-37-012525, archaeological and Native American monitoring shall be required and conducted during all project-related ground disturbance, including but not limited to, grading and excavation for and installation of foundations and utilities. The Applicant shall provide evidence of contract with a tribe culturally and traditionally affiliated with the Project site area to Planning Services staff prior to any ground disturbance.

Within 30 days of the conclusion of all monitoring activities, an archaeological monitoring report shall be prepared by a qualified archaeologist and submitted to the appropriate parties detailing the results of all monitoring activities and any cultural resources identified.

Any discoveries of cultural resources or human remains shall be addressed in accordance with the unanticipated discovery measures outlined below. f. Mitiation Measures
The Project shall comply with all the requirements of the final adopted revised Mitigation Monitoring and Reporting Program attached as Exhibit “D” to Resolution No. 2026-03 and as summarized below:

Biological Resources
BIO-1 and BIO-2: To address direct impacts to non-native grasslands and coastal sage scrub, the proposed mitigation ratio is 0.25:1 through the purchase of habitat credits from an approved mitigation bank for non-native grassland. For impacts to 0.02 acres of coastal sage scrub, U.S. Fish and Wildlife and California Department of Fish and Game approval would be required. Mitigation measures would be enforced at the City’s discretion.

BIO-3: Impacts to native Live Oaks trees will be mitigated by relocating the four Live Oaks on-site and planting four new Live Oak trees on-site.
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BIO-4: A qualified biologist must inspect trees for nests prior to any brushing, grading, tree relocation or construction within close proximity to, or within the existing Oaks discussed in the Biological Report's addendum of 2/14/07. If any active nests of sensitive species are found, no impacts will be allowed until all young have fledged.

BIO-5: The applicant shall provide funding to the satisfaction of the City for the five-year monitoring of the oak trees with sufficient reserve for the replacement of any dead/dying stock.

Hydrology/Water Quality
HYD-1: No drinking water wells are to be drilled on-site and no excavations shall be allowed on-site without proper permits.

F. Specific Fire Department Conditions:
a. Project is located in the Very High Fire severity zone and shall be constructed in compliance with the California Wildland Urban Interface Code (WUI). b. An approved paved access and adequate water supply shall be provided prior to the start of construction.
c. A minimum hydrant fire flow of 1500 GPM at 20 PSI shall be provided for this Project.

G. Specific Engineering Services Conditions:

1. The Developer shall provide the City Engineer with a Subdivision Guarantee and Preliminary Title Report covering subject property.

2. The location of all existing on-site and adjacent utilities and storm drain facilities shall be determined by the Developer’s engineer. If a conflict occurs with the proposed project or improvements, arrangements for relocation of the conflicting utilities/facilities shall be made with the owner of the utility/facility prior to approval of the Grading plans and Final Map. This utility/facility relocation work shall be completed prior to issuance of Building Permits.

3. Improvement plans prepared by a Civil Engineer, required for all public street, utility, and storm drain improvements, and Grading/Private Improvement plans prepared by Civil Engineer, required for all grading, drainage and private onsite improvement design, shall be submitted for review through the City’s virtual plan review portal and each shall contain all items on the Engineering Initial Submittal Checklists. Landscaping Plans shall be prepared by a Landscape Architect.

4. The Developer shall post securities in accordance with the City prepared Bond and Fee Letter based on a final Engineer’s Estimate of Grading and Improvements Cost prepared by the 1856
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project engineer. The Developer is required to provide a Grading Surety Bond together with a Cash Clean-up Deposit for all grading, landscaping, private Improvements and onsite drainage improvements prior to approval of Grading Plans and issuance of Grading Permit. The Cash Clean Up Deposit amount shall be 10% of the total cost of the project grading, private improvements, drainage, and landscaping. The Developer is required to provide Performance (100% of total public improvement cost estimate), Labor and Material (50% of total public improvement cost estimate) and Guarantee and Warrantee (10 % of total public improvement cost estimate) bonds for all public improvements prior to approval of the Improvement Plans and issuance of Building Permits. All improvements shall be completed prior to issuance of a Certificate of Occupancy.

5. As surety for the construction of required off-site and/or on-site improvements, bonds and agreements in a form acceptable to the City Attorney shall be posted by the Developer with the City of Escondido prior to the approval of any Grading Plan or Building permit.

6. No Building Permits shall be issued for any construction within this Subdivision until the Final Subdivision Map is recorded and either:
a) All conditions of the Tentative Subdivision Map have been fulfilled, or b) Those conditions unfulfilled at the time of an application for Building Permits shall be secured and agreements executed in a form and manner satisfactory to the City Attorney and City Engineer.

7. If site conditions change adjacent to the proposed development prior to completion of the project, the Developer will be responsible to modify his/her improvements to accommodate these changes. The determination and extent of the modification shall be to the satisfaction of the City Engineer.

8. All public improvements shall be constructed in a manner that does not damage existing public improvements. Any damage shall be determined by and corrected by the Developer to the satisfaction of the City Engineer.

9. The Tentative Map certified by the Planning Department that it is an accurate reproduction of the approved Tentative Map together with a copy of the final adopted Conditions of Approval must be included with the first Final Engineering submittal for plan check to the Engineering Department.

STREET IMPROVEMENTS AND TRAFFIC

1. Public street and drainage improvements shall be constructed to City Standards in effect at the time of the Tentative Map approval and shall be submitted on public improvement plans prepared by a Civil Engineer to the satisfaction of the City Engineer prior to first occupancy.

Specific details, including final concrete driveway apron design for the project entrances, concrete curb & gutter and sidewalk replacement, drainage, street lighting, etc. shall be resolved to the satisfaction of the City Engineer.

2. All structural improvements and overlays to public and private roadways shall adhere to the most recent Caltrans Standard specifications for asphalt concrete (AC), hot mix asphalt (HMA), asphalt binders (AB), and Portland cement concrete (PCC). Materials shall be sourced from a 1857
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Caltrans-approved facility or supplier(s) based off the respective materials being replaced or improved upon. For AC or HMA replacement, materials shall be sourced from suppliers listed on the Caltrans “Asphalt Supplier Certification Program”, or on the Caltrans “Job Mix Formula Prequalification Program”, respectively. For AB replacement, materials shall be Caltransapproved Class 2 Aggregate Base sourced from Caltrans-approved suppliers listed on the Caltrans “Aggregate Prequalification Program”. All PCC shall have undergone the Caltrans Material Plant Quality Program (MPQP) to obtain their respective Plant Certification, and shall be listed on the MPQP “List of Active Plants in the State”.

3. Prior to first occupancy the developer shall construct street improvements, including but not limited to, concrete curb, gutter, sidewalk, street lights, street trees, paving and base on the following streets adjoining the project boundary:

STREET CLASSIFICATION
Bernardo Avenue Local Collector
Hamilton Lane Local Collector
Private Street Rural Residential (28’ curb to curb)
See appropriate typical sections in the current Escondido Design Standards for additional details.

4. The Developer shall widen Bernardo Avenue to Local Collector Standards along the project frontage with approximately 13 feet of new structural section and grind and overlay to 12’ feet west of centerline.

5. The Developer shall widen Hamilton Lane to Local Collector Standards along the project frontage with approximately 33 feet of new structural section and grind and overlay beyond that as needed for transitions.

6. The project entrances shall be designed as a street intersection with curb returns, cross gutters, spandrels, and pedestrian ramps.

7. The onsite private street shall be designed and constructed per the City’s Rural Residential Street Standard with a “hammerhead” emergency vehicle turn-around at its terminus to the satisfaction of the Fire Marshal. A 4.5-foot-wide concrete sidewalk shall be required along the west side only. Parking will only be allowed on the west side and parking restriction signing and striping will be required along the east side and within the emergency vehicle turn-around area. Typical sections and design details shall be to the satisfaction of the City Engineer. The required CC&Rs shall include provisions for the Home Owner’s Association to maintain all aspects of this private street.

8. The developer shall be required to construct a LED street lights in accordance with Escondido Standard Drawing No. E-1-E on the project corner of the Bernardo Ave. and Hamilton Lane intersection and on Bernardo Lane at the project’s southerly boundary.

9. The private street shall be adequately illuminated to the satisfaction of the City Engineer and Fire Marshal. This lighting shall be maintained by the Home Owner’s Association as detailed in the CC&Rs.
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Exhibit “F”

10. The Developer shall construct a high visibility cross walk across the south leg of Bernardo Avenue at the Bernardo Avenue and Hamilton Lane intersection.

11. The Developer’s engineer shall prepare and submit for approval by the City Engineer a complete final Signing and Striping plan for all improved and modified roadways. The Developer will be responsible for removal of all existing and the construction of all new signing and striping in compliance with the current CA MUTCD standards and to the satisfaction of the City Engineer.

12. The Developer shall construct additional transitional paving within the existing rights-of-way as needed to accommodate any required lane striping alignment and/or transitions per the above required Signing and Striping plan to the satisfaction of the City Engineer.

13. The Developer shall repaint all pavement striping and markings adjacent to the project that have been damaged and prematurely faded due to project construction traffic to the satisfaction of the City Engineer.

14. Adequate horizontal sight distance shall be provided at the project entrance. Increased parkway widths, open space easements, and restrictions on landscaping may be required at the discretion of the City Engineer.

15. Pedestrian access routes meeting current ADA requirements shall be provided into the project to the satisfaction of the City Engineer and City Building Official.

16. Any proposed gated entrance shall be privately operated and maintained by the Home Owner’s Association and shall be approved by the City Engineer, Building Official, and the Fire Marshal.

17. The Developer will be required to provide a detailed detour and traffic control plan, for all construction and staging activities, and any requested materials placement within existing rights-of-way to the satisfaction of the City Engineer. This plan shall include any proposed sidewalk closures and provide for alternate pedestrian access around the project site. This plan shall be approved prior to the issuance of an Encroachment Permit for construction or other project activities within the public right-of-way.

GRADING and SITE IMPROVEMENTS

1. A site grading and erosion control plan prepared by a registered Civil Engineer shall be approved by the Engineering Department prior to issuance of building permits. The first submittal of the grading plan shall be accompanied by 3 copies of the preliminary soils and geotechnical report. The Soils Engineer will be required to indicate in the soils report that he/she has reviewed the grading design and found it to be in conformance with his/her recommendations.

2. All private driveways and parking areas shall be paved with a minimum of 3” AC over 6” of AB or 7” PCC over 6” AB. All paved areas exceeding 15% slope or less than 1.0% shall be paved with PCC.

3. Any proposed retaining walls not a part of the building foundations or stem walls shall be shown on and permitted as part of the site grading plan. Profiles and structural details shall be shown on the site grading plan and the Soils Engineer shall state on the plans that the proposed 1859
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Resolution No. 2026-90
Exhibit “F”

retaining wall design is in conformance with the recommendations and specifications as outlined in the Geotechnical report. Structural calculations shall be submitted for review by a Consulting Engineer for all walls not covered by Regional or City Standard Drawings. Stem walls, foundation structures, or deepened footings that are to be constructed as part of a building structure will be permitted as part of the Building Dept. plan review and permit process.

4. The Developer will be required to obtain permission from adjoining property owners for any offsite grading or work necessary to construct the project and/or the required improvements.

5. Erosion control, including riprap, interim slope planting, sandbags, or other erosion control measures shall be provided to control sediment and silt from the project. The Developer shall be responsible for maintaining all erosion control facilities throughout the project.

6. The Developer shall be responsible for the recycling of all excavated materials designated as Industrial Recyclables (soil, asphalt, sand, concrete, land clearing brush and rock) at a recycling center or other location(s) approved by the City Engineer.

7. A Construction General Permit is required from the State Water Resources Control Board for all storm water discharges associated with a construction activity where clearing, grading, and excavation results in a land disturbance of one or more acres.

8. All blasting operations performed in connection with the improvement of the project shall conform to the City of Escondido Blasting Operations Ordinance.

9. All existing foundations, structures, trees not otherwise than those designated “to remain” on the Tentative Map, shall be removed or demolished from the site.

10. Unless specifically permitted to remain by the County Health Department, all existing wells within the project or affected by the off-site improvements shall be abandoned and capped, and all existing septic tanks within the project or affected by the off-site improvements shall be pumped and backfilled per County Health Department requirements.

11. All driveway grades shall conform to current Escondido Design Standards and Escondido Standard Drawings.

DRAINAGE

1. Final on-site and off-site storm drain improvements shall be determined to the satisfaction of the City Engineer and shall be based on a Drainage Study to be prepared by the Engineer of Work. The drainage study shall be in conformance with the City of Escondido Design Standards.

2. The outlet for the project’s large storm water basin shall connect to the existing 36-inch reinforced concrete storm drain system in Bernardo Ave. south of the project near Park Place.

Developer shall construct a public type “B” curb inlet and extend an 18-inch reinforced concrete pipe storm drain in Bernardo Ave. to make this connection. Work in the area of this storm drain connection at Park Place will likely require an Encroachment Permit from the County.

3. All on-site storm drains not in public easements are private. The responsibility for maintenance of these private storm drains, the storm water basin and treatment facilities shall be that of the 1860
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Resolution No. 2026-90
Exhibit “F”

Home Owners Association and clear provisions for this maintenance shall be included in the CC&Rs.

4. The project shall limit drainage flows to their pre-construction rates. Details and calculations for the detention basins shall be submitted and approved as part of the grading plan check.

5. A Storm Water Quality Management Plan (SWQMP) in compliance with the City’s latest adopted Storm Water Design Manual shall be prepared for all newly created or replaced onsite impervious areas, impervious frontage, and required offsite improvements. The SWQMP shall be submitted for approval with the final improvement and grading plans. The SWQMP shall include treatment and hydromodification calculations, post-construction storm water treatment measures, and maintenance requirements and responsibilities both for onsite treatment and also any “Green Street” facilities located in the public right-of-way. The SWQMP shall demonstrate how proposed proprietary best management practices meet bio-filtration treatment requirements in accordance with the City’s Storm Water Design Manual.

6. All site drainage with emphasis on the parking and driveway areas shall be treated to remove expected contaminants using a high efficiency non-mechanical method of treatment. The City highly encourages the use of bio-retention areas as the primary method of storm water retention and treatment. The landscape plans will need to reflect these areas of storm water treatment.

7. The Developer will be required to have the current owner of the property sign, notarize, and record a Storm Water Control Facility Maintenance Agreement (SWCFMA). This recorded SWCFMA shall be referenced in the CC&Rs.

8. The Developer’s engineer shall design and the Developer shall construct any permeable surfaces proposed for the project to the specifications of the County of San Diego Green Streets manual in effect at the time the grading permits are issued. All permeable surfaces within the project footprint that are subject to vehicular traffic shall be designed for H20 loading.

9. The property owners shall perpetually maintain any permeable surfaces in accordance to the standards established by the County of San Diego Green Streets manual in effect at the time the grading permits are issued. City shall have the right to inspect all permeable surfaces as needed to ensure they function as designed. City shall have the right to require qualified thirdparty testing at the property owner’s expense when surface failure is suspected. Contractor qualifications are outlined in the County of SD Green Streets manual. The project owner will be required to repair or reinstall the permeable surface for all failing surfaces to County of SD Green Streets manual standards in place at the time of the grading permit. In the event of failure to maintain the permeable pavers system that result in not functioning as designed, the project owner will be responsible to replace the pervious pavers system with an alternate method of storm water treatment system or will be required to transition the project to a priority storm water development project by complying with the applicable requirements, including development of a Storm Water Quality Management Plan and the installation of structural best management practices.

WATER SUPPLY
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Resolution No. 2026-90
Exhibit “F”

1. The proposed project is located within the Rincon Del Diablo water service area. The Developer is required to consult with Rincon Del Diablo Water District regarding required water improvements.

2. Fire hydrants together with an adequate water supply shall be installed at locations approved by the Fire Marshal. Fire hydrants shall connect to a minimum 8-inch water main.

SEWER

1. The Developer is required at their sole expense to design and construct an on-site 8-inch public PVC sewer main. The on-site sewer main shall connect to the existing 12-inch sewer main in Bernardo Avenue.

2. No trees or deep-rooted bushes shall be planted within 15-feet of any sewer main or within 10- feet of any sewer lateral. Sewer laterals shall be 5-feet horizontally clear from other utilities.

3. All sewer laterals shall be considered a private sewer system. The property owner shall be responsible for all maintenance of sewer laterals to the public sewer main.

4. Any sewer mains, laterals, and appurtenances shall be designed and constructed per current City of Escondido Design Standards and Standard Drawings, and to the satisfaction of the Utilities Engineer.

5. The project design shall be such that all existing or new sewer manholes are accessible at all times by City Vactor trucks for maintenance.

6. The Developer shall cap and plug at the public sewer main all sewer lines and laterals to be abandoned, to the satisfaction of the Utilities Engineer and the City Inspector.

7. The location of all sewer laterals shall be shown on the grading and improvement plans.

8. All public sewer mains shall be located in the right-of-way or within a minimum 15-foot public utility easement (PUE). Private storm drains, private utilities and permanent structures are not allowed within the PUE.

LANDSCAPE

1. A site landscaping and irrigation plan shall be submitted to the Engineering Department with the second submittal of the grading plan for review and approval by Engineering and Planning Departments. The initial submittal of the landscape plans shall include the required plan check fees.

FINAL MAP - EASEMENTS AND DEDICATIONS

1. All existing and proposed easements, both private and public, affecting subject property shall be shown and clearly labeled on the Final Map and all applicable plan sets. 1862
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Resolution No. 2026-90
Exhibit “F”

2. The Developer shall make all necessary dedications for public right-of-way along the project’s frontages on the following public streets to bring these public roadways to the indicated City Classifications:

STREET CLASSIFICATION
Bernardo Avenue Local Collector
Hamilton Lane Local Collector

3. The Developer shall dedicate on the final map, a 20-foot radius corner rounding at the project’s northwest corner (SE corner of Hamilton Ln. and Bernardo Ave.)

4. 43-foot-wide private access easements covering the project’s private road shall be proposed on the final map to be granted to the Home Owner’s Association upon future transfer of title.

5. 10-foot minimum width private drainage easements covering all private drainage and stormwater basins and facilities shall be proposed on the final map to be granted to the Home Owner’s Association upon future transfer of title.

6. A 20-foot minimum width public utility easement across Lots 1 and 2 centered over the proposed public sewer main extension into the project from Bernardo Avenue shall be granted to the City on the final map.

7. A 43-foot-wide public utility easement and emergency access easement overlaying the project’s private road shall be granted to the City on the final map.

8. The Developer is responsible for making the arrangements to quitclaim any easements of record which conflict with the proposed development prior to approval of the final map. If an easement of record contains an existing utility that must remain in service, proof of arrangements to quitclaim the easement once new utilities are constructed must be submitted to the City Engineer prior to approval of the Final Map. Building permits will not be issued for lots in which construction will conflict with existing easements or utilities, nor will any securities be released until the existing easements are quitclaimed.

REPAYMENTS AND FEES

1. A cash security shall be posted to pay any costs incurred by the City to clean-up eroded soils and debris, repair damage to public or private property and improvements, install new BMPs, and stabilize and/or close-up a non-responsive or abandoned project. Any moneys used by the City for cleanup or damage will be drawn from this security and the grading permit will be revoked by written notice to the Developer until the required cash security is replaced. The cleanup cash security shall be released upon final acceptance of the grading and improvements for this project. The amount of the cash security shall be 10% of the total estimated cost of the grading, drainage, landscaping, and best management practices items of work with a minimum of $5,000 up to a maximum of $50,000, unless a higher amount is deemed necessary by the City Engineer.

2. A Hamilton Lane Storm Drain Repayment in the approximate current** amount of $82,396 ($39,236 per acre) per City Ordinance 91-26 is due to the City of Escondido for reimbursement towards previously constructed drainage improvements that protect this property. 1863
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Resolution No. 2026-90
Exhibit “F”

** This Hamilton Storm Drain Repayment Basin fee is subject to an 8% annual increase every July 1 st
.

3. A sewer repayment of $3,823.58 per City Resolution 96-16 is due to the City of Escondido for existing sewer improvements that will serve this development

4. The Developer 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.

UTILITY UNDERGROUNDING AND RELOCATION

1. All existing overhead utilities within the subdivision boundary or along fronting streets shall be relocated underground as required by the Subdivision Ordinance. The developer may request a waiver of this condition by writing a letter to the City Engineer explaining his/her reasons for requesting the waiver. The developer will be required to pay a waiver fee as adopted by City Council resolution.

2. The Developer shall sign a written agreement stating that he has made all such arrangements as may be necessary to coordinate and provide utility construction, relocation and undergrounding. All new utilities shall be constructed underground.

CC&R’s

1. Copies of the CC&R’s shall be submitted to the Engineering Department and Planning Department for approval and shall be recorded prior to approval and recording of the Final Map.

2. The Developer shall make provisions in the CC&R’s for maintenance by the Home Owners’ Association of the private street, private storm water and drainage facilities, private street lighting, landscaping both onsite and within fronting public right-of-ways. These provisions must be approved by the Engineering Department prior to approval of the Final Map.

3. The CC&R’s must state that the Home Owners’ Association assumes liability for damage and repair to City utilities in the event that damage is caused by the property owners’ association when repair or replacement of private utilities is done.

4. The CC&R’s must state that (if stamped concrete is used in the private driveway) the homeowners’ association is responsible for replacing the stamped concrete in kind if the City has to trench the street for repair or replacement of an existing utility. 1864
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STAFF REPORT
June 10, 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 conduct a Public Hearing to solicit and consider citizen input on the Fiscal Year (“FY”) 2026-2027 Annual Action Plan for the use of Community Development Block Grant (“CDBG”) funds; and adopt Resolution No. 2026-83 approving FY 2026-2027 Annual Action Plan for the use of CDBG funds, conditionally commit funds to projects, authorize the Director of Community Development to execute contracts as appropriate, and approve the submittal of the 2026-2027 Annual Action Plan to Housing and Urban Development (“HUD”).

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 HUD for community development and housing activities. On April 10, 2026, HUD announced that the City will receive an allocation of $1,394,624 in CDBG funds for FY 2026-2027. 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 moderateincome 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.
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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 funds; and adopted Resolution No. 2025-69 approving Fiscal Year 2025-2029 Consolidated Plan and Fiscal Year 2025-2026 Annual Action Plan for the use of CDBG and HOME Investment Partnership Program (“HOME”) funds, conditionally committing funds to projects, authorized the Director of Community Development to execute contracts as appropriate, and approved the submittal of the Fiscal Year 2025- 2029 Consolidated Plan and the Fiscal Year 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 Annual 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 environment, 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. 1866
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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 conditions 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 choose 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 1867
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over $3.7 million 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 were 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, and the second will be held on June 10. The City Council actions on June 10, 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 2026-2027 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, to the Neighborhood Leadership Forum, the second was on May 1, at the Escondido Education COMPACT’s CAFÉ Meeting, and the third was at a Community Forum on May 7, 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:
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CDBG Funding Allocations for FY 2026-2027
$1,394,624
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
Mama’s Kitchen Medically Tailored Meal Service Yes $10,000 Community Services Senior Cares Program Yes $19,193
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:
$40,000
Escondido Education

COMPACT
Escondido Youth Stewardship
Corps
Yes $50,000 Recommend:
$40,000
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
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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
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
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

ATTACHMENTS
a. Attachment “1” - Budget Adjustment
b. Attachment “2” - Proposed Project Descriptions
c. Attachment “3” – CDBG Eligible Area Map
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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
Mama’s Kitchen GRT-NEW $10,000
Senior Cares GRT-NEW $19,193
Fair Housing GRT-NEW $35,000
Voices for Children GRT-NEW $10,000
Project NEXT GRT-NEW 30,000
Escondido Education COMPACT GRT-NEW $40,000
Alabaster Jar Project GRT-NEW $40,000
Neighborhood Cleanup GRT-NEW $75,000
The Vine Institute GRT-NEW $250,000
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Attachment “1”
Urban Corps Escondido Center GRT-NEW $90,000
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
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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 othersupportsystems 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 presence 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.

Mama’s Kitchen Home Delivered Meal Service: Escondido ($10,000) Mama’s Kitchen Home-Delivered Meal Service provides medically tailored meals to LMI residents who are living with serious health conditions, including but not limited to cancer, type 2 diabetes, congestive heart failure and chronic kidney disease. 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. Funding is used to cover the food and packaging cost for meals to be delivered to homebound seniors. This program focuses on older 1873
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Attachment “2”
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 cited by the City’s Code Enforcement Division. This program addresses the Consolidated Plan priority of providing safe and healthy communities 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 Consolidated 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.

United Way of San Diego County ($50,000)
The STEAM-to-Careers program helps high school students explore career pathways through mentorship, career exposure, and hands-on learning experiences that connect classroom learning with real-world opportunities in science, technology, engineering, arts, and mathematics (STEAM) fields. Additionally, the program also offers SparkPoint servicesfor individuals and families, which provides financial coaching and support to help build credit, reduce debt, increase savings, and access safe financial products. Together, these programs support both youth and families to create pathwaystowardslong-term economic stability and mobility. Programs are held on site at Escondido High School and community partner sites such as Interfaith Community Services. The program addresses the Consolidated 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.

Interfaith Community Services, Inc. ($50,000)
The program provides support services that prevent and reduce homelessness for approximately 20 lowincome households residing in Escondido who are homeless or at risk of homelessness. It offers housing stabilization assistance such as rental assistance, security deposit assistance, and other housing-focused financial assistance. The program also includes case management services to help participants maintain stable housing. The program addressed the Consolidated Plan priority to expand access to supportive services that 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.

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 1874
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Attachment “2”
housing counseling, landlord-tenant mediation, fair housing 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 law. 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 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.

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 Escondido 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 quarterly 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 July 2026 and end June 30, 2027. 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, ADAaccessible 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 requesting CDBG funding to cover $250,000 in predevelopment costs, at 455 N. Quince Street, Escondido, including site and system assessments, architectural and engineering design, 1875
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Attachment “2”
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 agtech, food processing, logistics, and 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. requested $125,000 in CDBG Capital Improvement Project (CIP) funding to complete the buildout and full equipping of the Shaback Humanitarian Bank, a 1,573-square-foot multiservice 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 center for Escondido's LMI residents. The 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 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 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 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. 1876
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Attachment “2”
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 infrastructure, 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 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.

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. 1877
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Attachment “3”
Map of CDBG Eligible Census Blocks
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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 FUNDS TO

AND EXECUTE CERTAIN AGREEMENTS FOR USE OF
CDBG FUNDS; AND ADOPTING THE CITY OF ESCONDIDO
FY 2026-2027 ANNUAL ACTION PLAN FOR CDBG AND

AUTHORIZING THE SUBMITTAL TO HUD
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 its submittal to HUD; 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 2026-2027, which is attached as Exhibit “A” respectively, and which is incorporated by this reference; and
WHEREAS, the CDBG budget reflects the work program for the coming year based on the City’s Action Plan for FY 2026-2027, which identifies the goals and priorities, established in the 2025-2029 Consolidated Plan; and
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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 and submittal of the FY 2026-2027 Annual Action Plan for CDBG funds.

3. That the City Council authorizes the CDBG budget and administration of programs for the period of July 1, 2026, through June 30, 2027 inclusive, contained in the FY 2026-2027 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. That City officials as provided for in the Escondido Municipal Code, are hereby authorized to execute contracts with specific providers for use of CDBG funds in the amounts set 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.
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Resolution No. 2026-83
Exhibit “A”

Exhibit “A”
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 $ 19,193
GRT # Meals on Wheels $ 25,000
GRT # Voices for Children $ 10,000
GRT # Project NEXT $ 30,000
GRT # Escondido Education COMPACT $ 40,000
GRT # The Alabaster Jar Project $ 40,000
GRT # Mama’s Kitchen $ 10,000
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
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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 Escondido, 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 providing 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 CDBG 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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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 shall 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 funds 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 Activities. Expenses for general administration 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 directed to the following representatives:

Resolution No. 2026-83
Exhibit "B"

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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 responsibilities 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 Parties. The Subrecipient is an independent contractor and no agency or employment relationship, either express or implied, is created by the execution of this Agreement. The performance 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 employees 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 Subrecipient 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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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, facility, 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 time 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 comply 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 Hold Harmless. The Subrecipient (including the Subrecipient’s agents, employees, and subcontractors, if any) shall hold harmless, defend, 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 and 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"

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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 “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury, with limits no less than $2,000,000 per occurrence, $4,000,000 general aggregate. b. Automobile Liability. ISO Form CA 00 01 covering 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 the 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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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 or 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 Subrecipient, 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 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 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 this 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, including 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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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 laws, regulations, 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 withhold 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, upon 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 terminated.

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 the City’s CDBG funds, the City shall not be obligated to reimburse the Subrecipient 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.

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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 shall 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 for 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 Implementation, 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 Maintained. 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
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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 expiration 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 that 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, and 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 representatives, 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 after 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 Income 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 Subrecipient shall comply with the requirements set forth in 24 C.F.R. § 570.504.

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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 administrative 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 Subrecipient 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 requirements. 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 incurred 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 shall 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 nonexpendable personal property 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 amount 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.

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4. In all cases in which equipment acquired, in whole or in part, 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 regulations 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 Code 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 Development 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
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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 with 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 deed 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 disabilities 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 antidiscrimination 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.

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F. Employment Restrictions.

1. Prohibited Activity. 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 implementing 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 hereunder 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 construction, 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 issued 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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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 lowincome persons, particularly persons who are recipients of HUD assistance for housing.
(iii.) The Subrecipient shall comply with 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 and 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 reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very-lowincome persons residing within the metropolitan area in which 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-lowincome participants in other HUDG programs. (v.) The Subrecipient certifies and 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 require 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 representative of workers with whom the Subrecipient has a collective bargaining agreement or other contract or understanding, if any, a notice advising such labor organization or worker’s Resolution No. 2026-83
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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 shall include this Section 3 clause in every subcontract 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 with 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 statement 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 that shall govern the performance of its officers, employees, or agents engaged in the award and administration of contracts supported by federal funds.

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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 CDBG-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, subgrants, 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 royalty-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 this 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.

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XII. ENVIRONMENTAL CONDITIONS
A. Air and Water. The Subrecipient agrees to comply with 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, entry, reports, and information; and

3. Environmental Protection Agency (EPA) regulations 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 identified 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 leadbased paint poisoning and the advisability and availability of blood lead level screening 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 historic 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 Jobs 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
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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’ and 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, validity, 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 provisions 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 conditions 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 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. 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 Licenses. 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 not 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, this Agreement is executed by the Parties or their duly 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
Exhibit "B"

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Subrecipient Agreement 21 CAO: 03/02/2024

EXHIBIT A
Scope of Activities
Resolution No. 2026-83
Exhibit "B"

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Subrecipient Agreement 22 CAO: 03/02/2024

EXHIBIT B
Budget
Resolution No. 2026-83
Exhibit "B"

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STAFF REPORT
June 10, 2026
File Number 0680-20

SUBJECT

RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND LOVE ESCO, INC. TO EXPLORE A POTENTIAL FUTURE DONATION OF DESIGN SERVICES, CONSTRUCTION SERVICES, AND MATERIAL FOR CITY PARK FACILITIES AT “HERITAGE GARDEN” POCKET PARK IN

DOWNTOWN ESCONDIDO

DEPARTMENT
City Manager’s Office

RECOMMENDATION
Request the City Council adopt Resolution No. 2026-77 approving a Memorandum of Understanding (“MOU”) with Love Esco, Inc. (“Love Esco”) a registered 501(c)(3) non-profit organization, to explore a potential future donation of design services, construction services, and materials for City park facilities on City owned property (APN #'s 229-432-24, -25, and -26) at the corner of East Grand Avenue and North Juniper Street in downtown Escondido (“Heritage Garden”).

Staff Recommendation: Approval (City Manager’s Office: Christopher McKinney, Deputy City Manager) Presenter: Christopher McKinney, Deputy City Manager
ESSENTIAL SERVICE – Yes, Public Works/Infrastructure; Maintenance of Parks facilities/Open Spaces COUNCIL PRIORITY –Drive Community and Land Development

FISCAL ANALYSIS
Love Esco obtained preliminary cost estimates of $1.2 million dollars for all costs of certain improvements it has proposed for Heritage Garden, including design, construction, and materials procurement. Love Esco is ready to begin fundraising, primarily through soliciting contributions from the public. The funds raised through this effort will be donated to the City of Escondido for public use. Love Esco has proposed that, at the time of the future donation, the City assume maintenance costs of the public park for a minimum period of ten years, at an estimated cost of $50,000 annually, including periodic play structure inspections and water costs. Possible additional City costs include a Phase 2 Environmental Review, if it is necessary, at a maximum estimated one-time cost of $100,000, and unknown cost for potential mitigation and/or monitoring if a Phase 2 Environmental Review is necessary. 1904
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If the cost of the project exceeds Love Esco’s $1.2 million estimated, Love Esco plans to engage in further fundraising efforts for the additional amount.

Per the City’s Donation Policy, after Love Esco has completed its fundraising efforts and is ready to begin work on the project, the City Council will consider at a future meeting formal acceptance of the donation and agreements with Love Esco for the City’s maintenance responsibilities.

PREVIOUS ACTION
On February 13, 2013, the City entered into an “Adopt-a-Lot” Property Use Agreement with the Escondido Heritage Garden Project, a group formed by George W. Weir Asphalt Construction, Inc. and Grangetto’s Farm and Garden Supply, to “create a community garden and public gathering space” on the City’s property (APN #'s 229-432-24, -25, and -26).

On April 8, 2026, the City Council adopted Resolution No. 2026-45, adopting the City of Escondido Donation Policy.

BACKGROUND
Love Esco submitted the last version of a proposal to the City for a “Heritage Garden Pocket Park” in March 2026. That proposal is attached to this Staff Report (Attachment “1”). City staff from the Public Works Department helped refine the original proposal with expertise on the selection, installation, and maintenance of playground equipment. Love Esco proposes “a privately funded, citizen-led project designed to activate a key portion of Grand Avenue with a family-friendly playground, shaded gathering areas, and a small concessionaire.” Among their stated goals is increasing foot traffic on downtown’s Grand Avenue, thus helping support local businesses and continue the efforts of the Escondido Heritage Garden Project to improve these parcels downtown. Through public fundraising, Love Esco proposes to donate design and construction services at no cost to the City. Love Esco would manage public outreach, receipt of funds, and use of funds raised for the park. Love Esco is requesting development of a formal partnership with the City of Escondido that clarifies roles, responsibilities, and long-term commitments, toward which approval of the MOU (Exhibit “A” to Resolution No. 2026-77), through adoption of Resolution No. 2026-77, would be a first step.

Love Esco proposes to solicit public donations to fully fund design and construction, with a fundraising target of $1.2 million. Love Esco’s commitment includes all aspects of project management, including permitting, bidding, construction sequencing, and construction management. Love Esco also understands that it must comply with all applicable laws including those related to prevailing wage and environmental review. As part of the community engagement and fundraising effort, Love Esco plans to build a public information website and maintain engagement with Grand Avenue businesses and residents. 1905
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Environmental History and Proposed Oversight
The Heritage Garden site was a filling station until 1979, with the underground gasoline storage tanks removed about one year later. The San Diego County Department of Environmental Health and Quality coordinated monitoring of the site and closed the monitoring case in 2015 with no further action required.

City staff believe that additional environmental study may be required for the site before further construction can be done on site.

Renderings - Playground Design and Safety/ADA Compliance (Courtesy of Coast Recreation of Fontana) Terms of the MOU
The MOU is a nonbinding agreement to negotiate in good faith in the hope of reaching a future agreement. It contains the following terms:

1. The City and Love Esco agree to continue to engage in good-faith negotiations for a potential future agreement related to the improvement of Heritage Park.

2. Love Esco’s Proposal.
a) Love Esco proposes to solicit public donations to fully fund design and construction of the improvements contemplated in Exhibit 1 of Exhibit “A” to Resolution No. 2026-77, with a fundraising target of $1.2 million. Love Esco’s commitment includes all aspects of project 1906
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management, including permitting, bidding, construction sequencing, and construction management. Love Esco understands that it must comply with all applicable laws, including those related to procurement, prevailing wage, and environmental review. As part of the community engagement and fundraising effort, Love Esco will build a public information website and maintain engagement with Grand Avenue businesses and residents. b) Love Esco obtained preliminary cost estimates of $1.2 million dollars for all costs of the Heritage Garden project, including design, construction, and materials procurement. Love Esco is ready to begin fundraising, primarily through soliciting public contributions from the public. The benefits of funds raised through this effort will be donated to the City of Escondido for public use consistent with the City’s Donation Policy. c) The Love Esco team engaged a California-licensed Professional Geologist to evaluate site conditions. The geologist developed a Soil Management Plan (“SMP”) that includes on-site monitoring during construction by a qualified geologist to screen soil during excavation.

Love Esco believes the SMP is a prudent alternative to a Phase II assessment for the shallow, limited-scope construction associated with the Heritage Garden Pocket Park. Therefore, as detailed later, Love Esco is requesting that, as a condition of the City’s future acceptance of the donation, the City will fund and manage any environmental studies it deems necessary beyond the SMP.
d) If the cost of the project exceeds Love Esco’s $1.2 million estimated, Love Esco will engage in further fundraising efforts for the additional amount.

3. Potential City Obligations.

Love Esco, to provide confidence to donors and ensure the long-term maintenance of the donated park assets, has requested the following commitments from the City be part of the future agreement:
a) That the City agree to a ten-year commitment from the time the new park is open to the public that the Heritage Garden lot will remain an active public park; b) That the City agree to mutually terminate the current Adopt-a-Lot agreement with George Weir and Kevin Grangetto and the City assume full responsibility for the park’s ongoing maintenance;
c) That the City waive all City fees related to permitting, plan checks, engineering reviews, and construction approvals;
d) That the City pay any costs associated with further environmental study, mitigation, and/or monitoring beyond the SMP if the City determines, during the design review process, that additional work is necessary; and
e) That the City expedite processing during the permitting and review processes to maintain project momentum and donor confidence.
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If after adoption of Resolution No. 2026-77 and before formal donation acceptance, the City determines that these conditions cannot be met due to escalating costs, the City will notify Love Esco as soon as possible.

Anticipated City Permits and Approvals for the Proposed Heritage Garden Pocket Park As Love Esco and/or its design consultants design the Heritage Garden Pocket Park, the following City permits and design approval will be required before various stages of construction can begin:
 Staff Level Design Review (primarily focused on site landscaping)  CEQA – Class 32 Infill Categorical Exemption document  Building/Fire Permits for new structures
 Grading Permit
 Engineering Approval (stormwater, water, sewer)
 Public Improvements Permit (for any work done in the public right-of-way such as a water line installation)
 Encroachment Permit (for use of public right-of-way during construction) If adopted, the MOU commits the City to expedite, to the extent possible, the review processes needed to issue the permits and grant the approvals listed above.

Summary
Adoption of Resolution No. 2026-77 will not formally accept any donation or commit to any future maintenance costs but will indicate the City’s support for the proposed concept so that Love Esco can confidently begin fundraising efforts.

RESOLUTIONS
a. Resolution No. 2026-77
b. Resolution No. 2026-77—Exhibit “A”— Proposed Memorandum of Understanding (including Exhibit 1)

ATTACHMENTS
a. Attachment “1” – Love Esco’s Proposal for a Heritage Garden Pocket Park 1908
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RESOLUTION NO. 2026-77

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE A MEMORANDUM OF UNDERSTANDING
WITH LOVE ESCO, INC. TO EXPLORE POTENTIAL
DONATION FOR CITY PARK FACILITIES AT “HERITAGE
GARDEN” POCKET PARK IN ESCONDIDO
WHEREAS, in 2013 the City entered into an “Adopt-a-Lot” Property Use Agreement with the Escondido Heritage Garden Project to create a community garden and public gathering space on the City’s property at the corner of East Grand Avenue and North Juniper Street (APN #'s 229-432-24, -25, and -26), now known as “Heritage Garden”; and
WHEREAS, Love Esco is a registered 501(c)(3) non-profit corporation that has expressed its desire to raise funds to assist the City in improving the facilities at Heritage Garden Park; and WHEREAS, Love Esco obtained preliminary cost estimates of $1.2 million dollars for all costs of the improvements they would like to see at the park; and
WHEREAS, Love Esco has advised the City that it is ready to begin fundraising, primarily through soliciting public contributions from the public; and
WHERAS, Love Esco has expressed its desire to donate to the City at a future date, design services, construction services, and materials funded by this fundraising effort, in a manner consistent with all applicable laws; and
WHEREAS, the City anticipates that after Love Esco has completed its fundraising efforts, the group would bring the donation proposal to the City Council at a future meeting where the City Council 1909
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would consider, in accordance with the City’s Donation Policy, formal acceptance of the donation and any accompanying agreements with Love Esco.

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 Mayor is authorized to execute, on behalf of the City, the Memorandum of Understanding with Love Esco, which is attached hereto and incorporated into this Resolution as Exhibit “A,” and subject to final approval as to form by the City Attorney. 1910
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1 MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (“MOU”) is entered into between the City of Escondido, a California municipal corporation ("City"), and Love Esco, Inc. (“Love Esco”), a California nonprofit public benefit corporation, for the mutual benefit of the Parties. The City and Love Esco may each be referred to herein as a “Party” and collectively as the “Parties.”

RECITALS
A. In 2013 the City entered into an “Adopt-a-Lot” Property Use Agreement with the Escondido Heritage Garden Project to create a community garden and public gathering space on the City’s property at the corner of East Grand Avenue and North Juniper Street (APN #'s 229- 432-24, -25, and -26), now known as “Heritage Garden.”
B. Love Esco is a registered 501(c)(3) non-profit corporation that has shared with the City a conceptual proposal for future donation of design services, construction services, and materials directly or through affiliate a copy of which is attached hereto as Exhibit 1. Love Esco is advocating for a privately funded, citizen-led project designed to activate a key portion of Grand Avenue with a family-friendly playground, shaded gathering areas, and a small concessionaire.

One of their goals is increasing foot traffic on downtown’s Grand Avenue, thus helping support local businesses and continuing the efforts of the Escondido Heritage Garden Project to improve these parcels downtown.

C. City staff from the Public Works Department has worked with Love Esco to provide input on the selection, installation, and maintenance of potential playground equipment.

D. Through public fundraising, Love Esco proposes to donate design and construction services at no cost to the City. Love Esco proposes to manage public outreach, receipt of funds, and use of funds raised for the park.

E. The Heritage Garden site was a filling station until 1979, with the underground gasoline storage tanks removed about one year later. The San Diego County Department of Environmental Health and Quality coordinated monitoring of the site and closed the monitoring case in 2015 with no further action required. City staff believe that additional environmental study may be required for the site before further construction can be done on site.

Resolution No. 2026-77
Exhibit "A"

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2 F. This MOU is conditioned on compliance with the California Environmental Quality Act (CEQA); it represents a preliminary expression of cooperation; and is not an approval of any proposed project by the City..

G. This MOU is further conditioned on compliance with all relevant laws including those related to procurement, prevailing wage, and expenditures of funds.

H. On April 8, 2026, the City Council adopted Resolution No. 2026-45, adopting the City of Escondido Donation Policy. Any future action related to the donation contemplated herein will comply with the City’s Donation Policy.

TERMS AND CONDITIONS
With the above Recitals in place, the Parties agree to the following:

1. The City and Love Esco agree to continue to engage in good-faith negotiations for a potential future agreement related to the improvement of Heritage Park.

2. Love Esco’s Proposal.
a) Love Esco proposes to solicit public donations to fully fund design and construction of the improvements contemplated in Exhibit 1, with a fundraising target of $1.2 million. Love Esco’s commitment includes all aspects of project management, including permitting, bidding, construction sequencing, and construction management. Love Esco understands that it must comply with all applicable laws, including those related to procurement, prevailing wage and environmental review. As part of the community engagement and fundraising effort, Love Esco will build a public information website and maintain engagement with Grand Avenue businesses and residents.
b) Love Esco obtained preliminary cost estimates of $1.2 million dollars for all costs of the Heritage Garden project, including design, construction, and materials procurement. Love Esco is ready to begin fundraising, primarily through soliciting public contributions from the public. The benefits of funds raised through this effort will be donated to the City of Escondido for public use consistent with the City’s Donation Policy. c) The Love Esco team engaged a California-licensed Professional Geologist to evaluate site conditions. The geologist developed a Soil Management Plan (“SMP”) that includes onsite monitoring during construction by a qualified geologist to screen soil during Resolution No. 2026-77
Exhibit "A"

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3 excavation. Love Esco believes the SMP is a prudent alternative to a Phase II assessment for the shallow, limited-scope construction associated with the Heritage Garden Pocket Park. Therefore, as detailed later, Love Esco is requesting that, as a condition of the City’s future acceptance of the donation, the City will fund and manage any environmental studies it deems necessary beyond the SMP.
d) If the cost of the project exceeds Love Esco’s $1.2 million estimated, Love Esco will engage in further fundraising efforts for the additional amount.

3. Potential City Obligations.

Love Esco, to provide confidence to donors and ensure the long-term maintenance of the donated park assets, has requested the following commitments from the City be part of the future agreement:
a) That the City commit that, from the time the new park is open to the public, the Heritage Garden lot will remain an active public park for a minimum of ten years and up to a maximum of twenty-five years, with a commitment of more than ten years being necessary to secure grant funding for the park;
b) That the City agree to mutually terminate the current Adopt-a-Lot agreement with George Weir and Kevin Grangetto and the City assume full responsibility for the park’s ongoing maintenance;
c) That the City waive all City fees related to permitting, plan checks, engineering reviews, and construction approvals;
d) That the City pay any costs associated with further environmental study, mitigation, and/or monitoring beyond the SMP if the City determines, during the design review process, that additional work is necessary; and
e) That the City expedite processing during the permitting and review processes to maintain project momentum and donor confidence.
f) That the City cooperate with Love Esco on any available grants for the projects, and assist with applications for such grants where needed, including supporting any grant applications by affirming, to the extent the City is able to, Love Esco’s right to apply for grants for property owned by the City, and affirming the “site control” needed for these applications.

Resolution No. 2026-77
Exhibit "A"

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4 4. Further Agreements: The Parties agree to negotiate in good faith in the hope of reaching a future agreement. If before formal donation acceptance, the City determines that these conditions cannot be met due to escalating costs, the City will notify Love Esco as soon as possible. The City does not have the ability to make any guarantee of ultimate approval of any development application for the Project.

5. Further Assurances: The City agrees to provide staff support to pursue a potential future agreement such that negotiations move forward expeditiously.

6. Entitlement: Love Esco and the City will comply with all applicable City processes for entitlement of the Improvements including all required environmental reviews and any required permit processes.

7. CEQA: This MOU is conditioned on compliance with CEQA and the State CEQA Guidelines. The Parties acknowledge that this MOU does not bind any Party, or commit any Party, to any definite course of action, prior to CEQA compliance. Further, nothing in this MOU restricts the City from considering, if applicable, any feasible mitigation measures or alternatives associated with any proposed future agreement, including a “no project” alternative.

8. Non-Approval: This MOU is a preliminary expression of cooperation and intent and not an approval of any proposed improvement, agreement, or development application by the City or Love Esco.

9. Termination: The Parties can cancel the MOU and its terms and conditions at any time.

The Parties’ stated intent is that the MOU is a preliminary non-binding understanding that is not intended to be “enforced” against either Party. Nonetheless, the Parties mutually agree that their representative signing below have the authority to enter into this MOU.

Resolution No. 2026-77
Exhibit "A"

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5 This MOU is effective on the date signed below.

Dated: ________________ CITY OF ESCONDIDO
____________________________________
Dane White, Mayor
Dated: ________________ LOVE ESCO, INC.
____________________________________
APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, CITY ATTORNEY
BY: __________________________
Attachments:

Exhibit A: Love Esco’s Improvement Proposal
Resolution No. 2026-77
Exhibit "A"

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Heritage Garden Pocket Park
Building a Beautiful Destination for Work & Play on Grand Avenue Overview
The Heritage Garden Pocket Park is a privately funded, citizen-led project designed to activate a key portion of Grand Avenue with a family-friendly playground, shaded gathering areas, and a small concessionaire. The project will increase foot traffic, support local businesses, improve public safety, and revitalize a highly visible downtown parcel at no cost to the City for design or construction.

To provide donor confidence and administrative accountability, the Initiative Team has engaged LoveEsco to manage public outreach and the receipt and use of all funds raised for the park.

To advance the project, we are requesting a formal partnership with the City of Escondido that clarifies roles, responsibilities, and long-term commitments. This summary outlines the proposed structure for that partnership.

Objective
To drive business growth and foot traffic on Grand Avenue by transforming the Heritage Garden lot into a vibrant, family-friendly pocket park and outdoor meeting venue—fully designed and built through a citizen-led, privately funded initiative.

Key Results
The park’s success will be measured by obtaining these results:

1. Boost revenue for nearby Grand Avenue businesses by creating a destination that invites remote residents and visitors to linger, explore, and spend at Grand Avenue restaurants and shops.

Resolution No. 2026-77
Exhibit "A"
Exhibit 1

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2. Attract consistent foot traffic from nearby residential communities—including Marlowe, Old Escondido, Creekside neighborhood, and 3 senior communities—by offering a welcoming, family-oriented playground and senior-accessible patio and concessionaire.

3. Establish a comfortable outdoor gathering space that encourages both professional meetings and casual personal meetups.

4. Generate sustainable revenue to offset ongoing park maintenance through a concession stand operated in a repurposed gazebo.

5. Improve Grand Avenue’s safety and image by creating a well-lit, active space that discourages loitering and use by the unhoused. This will respond to concerns outlined in the CEDS and curb the negative family outlook on the downtown identified in the February 2024 focus group.

Initiative Leadership
● George and Cynthia Weir - Current co-tenants and patrons since 2012 of the existing Heritage Garden project under the City’s Adopt-a-Lot program. George is a LoveEsco board member, organizer of the Measure I ballot initiative, and is soliciting donor support for the park.
● LoveEsco / Steve Nelson - Recent LoveEsco board member, local attorney and real estate broker, and original author of the current Heritage Garden Adopt-a-Lot agreement. As a local non-profit, LoveEsco is putting support behind the project to increase fundraising visibility, to provide accountability in the use of the funds collected from interested donors, and directing those funds toward the design and construction of the park. ● Mark Skovorodko - Principal of Westpine Design Studio and organizer of the Measure I ballot initiative. Mark is the designer and project manager for the park improvements. ● Dustin Steeve - Escondido Planning Commissioner, Chair of the Commission’s Grand Avenue Revitalization Sub-Committee, and principal at the Escondido-based business growth agency Inaltum. Dustin is facilitating collaboration with City staff and leadership to ensure all applications are well-prepared, strategically aligned, and streamlined for efficient processing.

Resolution No. 2026-77
Exhibit "A"

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Park Renderings
Playground Design and Safety/ADA Compliance by Coast Recreation of Fontana, CA Initiative Team Commitments
The Initiative Team commits to:
● Fully Funding Construction: Funding soft and hard costs for park design and construction, with private fundraising targeted up to $1.2 million based on public contributions. ● Prevailing Wage Compliance: Paying all contracted labor at California prevailing wage standards.
● Environmental Compliance: Funding and implementing the Soil Management Plan (SMP) prepared by licensed geologist Danny Oliver to safely manage soils during construction. ● Project Management: Overseeing design, permitting preparation, contractor selection, construction sequencing, and delivery.
● Community Engagement: Building a public information website and maintaining engagement with Grand Avenue businesses, residents, and nearby neighborhoods.

These commitments eliminate the need for City financial resources in the design and construction phases and minimize demands on City staff.

Resolution No. 2026-77
Exhibit "A"

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Requests of the City
To ensure donor confidence and long-term success, we respectfully request the following:
● 10-Year Park Commitment
A City commitment that the Heritage Garden lot will remain an active public park for at least 10 years, giving donors certainty that their investment will have lasting value. ● Ownership & Maintenance
Upon completion, the current Adopt-a-Lot signatories (George Weir and Kevin Grangetto) will transfer the lot to the City, and the City will assume full responsibility for the park’s ongoing maintenance.
● Fee Waivers
Waiver of all City-issued fees related to permitting, plan checks, engineering reviews, and construction approvals.
● Environmental Costs Beyond the SMP
Should the City determine that additional environmental investigation or remediation is necessary beyond the SMP, we request that the City fund all additional environmental work, including Phase II studies, mitigation, or monitoring. ● Expedited Processing
A request that City Management seek Council approval to expedite all permitting and review processes to maintain project momentum and donor confidence.

Environmental History
Background
The Heritage Garden site formerly operated as a gas station from 1959–1979. The underground storage tanks were removed in approximately 1980, and the site underwent extensive investigation and monitoring by Tesoro Refining & Marketing in coordination with the San Diego County Department of Environmental Health and Quality (DEHQ). After nearly two decades of monitoring, the County closed the case in 2015 with No Further Action Required.

Despite this closure, the City expressed a need for additional environmental assurance. In response, the Initiative Team engaged Danny Oliver, a California-licensed Professional Geologist with 35+ years of experience, to evaluate current site needs and propose an appropriate level of environmental oversight.

Resolution No. 2026-77
Exhibit "A"

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The Soil Management Plan
Danny Oliver’s Soil Management Plan (SMP) provides a clear, practical, and industry-standard method for safely handling any soils encountered during construction activities—especially shallow excavation associated with playground installation.

Key Components of the SMP
● On-Site Monitoring: A qualified geologist will be present to visually and instrumentally screen soils as they are excavated.
● PID Screening: All exposed soils will be tested using a calibrated photoionization detector (PID) to identify vapor emissions consistent with gasoline VOCs. ● Segregation Protocol: Any soil showing discoloration, odor, or elevated PID readings will be isolated in separate stockpiles.
● Disposal/Assessment: If suspect soil is encountered, it will be transported to an approved disposal facility or evaluated further as needed.
● Professional Oversight: All SMP activities are conducted under the supervision of a licensed Professional Geologist (PG 4781).

This is a standard and widely accepted approach used across California for construction on former fuel sites that have already been remediated and officially closed by regulatory agencies.

Why the SMP Is a Safe and Appropriate Alternative to a Phase II

1. Regulatory Confidence Already Exists
The County and the Regional Water Quality Control Board already reviewed groundwater and soil conditions for nearly 20 years and closed the case in 2015. There is no existing regulatory mandate for a Phase II.

2. Construction Is Shallow and Low-Impact
The planned park improvements involve limited earth disturbance—mostly shallow excavation for playground equipment and irrigation. The SMP is precisely tailored for this type of work.

3. Risk Is Contained and Manageable
The SMP actively manages soil risks during construction rather than assuming conditions ahead of time. This provides real-time safety and compliance, not theoretical forecasting.

4. Professional Geological Oversight
A licensed geologist is present during excavation, ensuring immediate identification, segregation, and proper handling of any suspect soils.

Resolution No. 2026-77
Exhibit "A"

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5. Cost-Effective Without Compromising Safety
A Phase II study would add cost and delay without producing materially different outcomes for shallow construction activities. The SMP achieves safety objectives at a fraction of the cost and within the necessary timeline.

6. Public and City Protection
The SMP ensures the City can confidently explain to the public and to Council that:
● The site was previously investigated and closed by regulatory authorities ● Professional oversight will occur during construction ● Any unexpected issues will be handled safely and transparently This provides the City with clear, defensible protection from environmental liability while avoiding unnecessary expenditures.

Conclusion
The Soil Management Plan offers a responsible, safe, and professionally supervised approach that meets the needs of the City, protects public health, and ensures the project can proceed efficiently.

It is a prudent alternative to a Phase II assessment for the shallow, limited-scope construction associated with the Heritage Garden Pocket Park.

Why This Partnership Works
This partnership structure provides:
● A fully built, high-impact public asset requiring little to no City capital investment in construction
● Compliance with prevailing wage and environmental safety standards ● A predictable and minimal administrative burden for City staff ● A long-term commitment that respects both donor intent and community benefit ● Rapid activation of a previously underutilized downtown parcel We believe this partnership offers a model for efficient, community-driven downtown revitalization and represents a highly favorable opportunity for the City of Escondido.

Resolution No. 2026-77
Exhibit "A"

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KEYCONSENT CALENDAR CURRENT BUSINESS

PUBLIC HEARING WORKSHOP PROCLAMATION
6/17/2026
CONSENT CALENDAR - (J. GOULART) – APPROVAL OF PROP 218 ZONES LEVY ASSESSMENTS CONSENT CALENDAR - (J. GOULART) - PURCHASE TRAFFIC SIGNAL CONTROLLERS FOR THE CITYWIDE TRAFFIC SIGNAL COMMUNICATIONS CONSENT CALENDAR - (K. SNYDER) – LMD ORDER / APPROVE PRELIM ENGINEER'S REPORT CONSENT CALENDAR - (K. SNYDER) – PL26-0121 SPECIFIC PLAN AMENDMENT TO AMEND THE EAGLECREST SPECIFIC PLAN TO ALLOW A RESORT USE

WITHIN THE FOOTPRINT OF THE EXISTING DOS OSO GOLF COURSE CONSENT CALENDAR - (K. SNYDER) – RESOLUTION NO. 2026-99 - Adoption of Resolution No. 2026-99 Expressing Support for an Application by the Developers of the Nutmeg Condominium Projects for CMFA Funding for Public Facilities Acquisition Improvements & Financed Fees CONSENT CALENDAR - (K. SNYDER) – APPROVAL TO SUBMIT A GRANT APPLICATION TO SANDAG'S FLEXIBLE FLEET PILOT PROGRAM TO PROVIDE

EXPANDED TRANSPORTATION OPTIONS FOR RESIDENTS AND VISITORS CONSENT CALENDAR - (D. PETERSON) - CONTRACT AWARD FOR HAULING AND BENEFICIAL USE OF THE HALE AVENUE RESOURCE RECOVERY FACILITY ("HARRF") BIOSOLIDS - Request the City Council take the following actions: 1) Adopt Resolution No. 2026-71, authorizing the Mayor to execute a Public Services Agreement in the amount of $X,XXX,XXX with [Contractor], the lowest, responsive bidder, for hauling and beneficial use of biosolids form the HARRF for FY 2026 through FY 2029; and 2) authorize the Finance Department to issue a purchase order in the amount of $X,XXX,XXX and subsequent change orders to increase the annual purchase order amount in the event the City exercises the option to renew for FY 2030 and FY 2031, and 3) Authorize the City Manager to execute the first and second amendments to the Public Service Agreement with [Contractor], in the event the City exercises the option CURRENT BUSINESS - (J. GOULART) - COMMUNITY SERVICES FEE CHANGES - It is requested that the City Council adopt Resolution No. 2026-103 approving proposed fee changes to the Community Services Department fee schedule.

PUBLIC HEARING - (C.HOLMES) - FISCAL YEAR 2026/27 OPERATING BUDGET ADOPTION PUBLIC HEARING - (C.HOLMES) - FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM AND FISCAL YEAR 2026/27 CAPITAL IMPROVEMENT PROGRAM BUDGET AND ADOPTION OF THE 2027 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM PUBLIC HEARING - (K. PLUNKETT) - REQUEST THE CITY COUNCIL APPROVE ORDINANCE NO. 2026-07 – BICYCLES, NONMOTORIZED VEHICLES, AND

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