Agenda packet — Escondido City Council, July 29, 2026 (part 1 of 3)

CITY of ESCONDIDO
Council Meeting Agenda
WEDNESDAY, JULY 29, 2026
4:00 PM - Closed Session (City Attorney Conference Room) 5:00 PM - Regular Session
Escondido City Council Chambers, 201 North Broadway, Escondido, CA 92025

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

MAYOR
Dane White

DEPUTY MAYOR
Joe Garcia (District 2)

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

CITY MANAGER
Sean McGlynn

CITY ATTORNEY
Michael McGuinness

CITY CLERK
Zack Beck

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

In Person On TV Online
201 N. Broadway Cox Cable Channel 19 and U-verse Channel 99 www.escondido.gov 1 Wednesday, July 29, 2026

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

In Person In Writing

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

https://publiccomment.escondido.gov/

2 Wednesday, July 29, 2026

CLOSED SESSION
4:00 PM

CALL TO ORDER

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

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

CLOSED SESSION

I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8) a. Property: 340 N. Escondido Blvd., Escondido (California Center for the Arts, Escondido) Agency negotiator: Sean McGlynn, City Manager, or designees Negotiating Party: California Center for the Arts Foundation Under Negotiation: Terms of Management Agreement

b. Property: 272 E. Via Rancho Pkwy., Escondido (Mershops North County Mall) Agency Negotiator: Sean McGlynn, City Manager, or designees Negotiating Party: Costco Wholesale Corporation
Under Negotiation: Price and Terms of Ground Lease and REA

ADJOURNMENT

3 Wednesday, July 29, 2026

REGULAR SESSION
5:00 PM Regular Session

MOMENT OF REFLECTION

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

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

PRESENTATION
Certificate of Recognition - Officer Jesus Vea

CLOSED SESSION REPORT

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

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

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

2. APPROVAL OF WARRANT REGISTER
Request the City Council approve the City Council and Housing Successor Agency warrants issued between June 15, 2026 to July 19, 2026.

Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance) 4 Wednesday, July 29, 2026

3. APPROVAL OF MINUTES: Regular meeting of June 24, 2026

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS

5. SETTING SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2022-1 (ECLIPSE/MOUNTAIN HOUSE)
Request the City Council adopt Resolution 2026-124, setting the Special Tax Levy for Community Facilities District No. 2022-1(Eclipse/Mountain House) (the “District”) for Fiscal Year 2026/27.

Staff Recommendation: Approval/Receive and File (Finance Department: Christina Holmes, Director of Finance)
Presenter: Christina Holmes, Director of Finance
a) Resolution No. 2026-124

6. SETTING SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2006-01 (EUREKA RANCH) Request the City Council adopt Resolution 2026-122, setting the Special Tax Levy for Community Facilities District No. 2006-01 (Eureka Ranch) (the “District”) for Fiscal Year 2026/27.

Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
a) Resolution No. 2026-122

7. SETTING SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (HIDDEN TRAILS) Request the City Council adopt Resolution 2026-121, setting the Special Tax Levy for Community Facilities District No. 2000-01 (Hidden Trails) (the “District”) for Fiscal Year 2026/27.

Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
a) Resolution No. 2026-121

5 Wednesday, July 29, 2026

8. SETTING SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2020-2 (THE VILLAGES) Request the City Council adopt Resolution 2026-123, setting the Special Tax Levy for Community Facilities District No. 2020-2 (The Villages) (The “District”) for Fiscal Year 2026/27.

Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
a) Resolution No. 2026-123

9. ESTABLISHING THE PROPERTY TAX RATE AND FIXED CHARGE ASSESSMENTS FOR GENERAL

OBLIGATION BONDED INDEBTEDNESS
Request the City Council adopt Resolution No. 2026-125 to establish the property tax rate and fixed charge assessments for bonded indebtedness for Fiscal Year 2026/27.

Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
a) Resolution No. 2026-125

10. REJECT ALL BIDS FOR THE JOHN MASSON MEMORIAL BIKE PARK PROJECT AND AUTHORIZE STAFF TO RE-BID
Request the City Council adopt Resolution No. 2026-129 rejecting all bids for the John Masson Memorial Bike Park Project and authorizing staff to re-bid the project.

Staff Recommendation: Approval (Development Services Department: Kevin Snyder, Development Services Director)
Presenters: Jason Christman, Interim City Engineer and Michael Tully, Project Manager a) Resolution No. 2026-129

11. FINAL MAP UNDER CONSIDERATION FOR APPROVAL
Request the City Council receive and file notice that a Final Map for Tract Nos. SUB18-0005 and SUB20- 0007 located on both sides of North Nutmeg Street, between North Centre City Parkway and Interstate 15, has been filed for approval.

Staff Recommendation: Receive and File (Development Services Department: Kevin Snyder, Director of Development Services, and Jason Christman, Interim City Engineer) Presenter: Leia Cabrera, Engineering Manager
6 Wednesday, July 29, 2026

12. APPROVE A BUDGET ADJUSTMENT FOR THE GRAND AVENUE VISION PHASE III PROJECT Request the City Council adopt a $2,000,000 budget adjustment for the Grand Avenue Vision Phase III project. This budget adjustment appropriates $2,000,000 in Smart Growth Incentive Program (SGIP) grant funding within Fund 1230 to the Grand Avenue Vision Phase III project account.

Staff Recommendation: Approval (Development Services Department: Kevin Snyder, Director of Development Services and Jason Christman, Interim City Engineer) Presenters: Christopher Hudson, Project Manager and Jason Christman, Interim City Engineer

13. APPROVE THIRD AMENDMENT TO CONSULTING SERVICES AGREEMENT WITH HR GREEN PACIFIC, INC.

FOR ON CALL ENGINEERING SERVICES
Request the City Council adopt Resolution 2026-109 authorizing the Mayor to execute, on behalf of the City, the Third Amendment to a consulting services agreement with HR Green Pacific, Inc., for on call engineering services for the SiFi FiberCity project.

Staff Recommendation: Approval (Development Services Department: Kevin Snyder, Director of Development Services)
Presenter: Leia Cabrera, Engineering Manager
a) Resolution No. 2026-109

14. LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT – FINAL ENGINEER’S REPORT FOR ZONES 1-38 FOR FISCAL YEAR 2026/2027
Request the City Council adopt Resolution No. 2026-37, Assessment Engineer’s Report for the annual levy and collection of assessments for the City of Escondido Landscape Maintenance Assessment District (“LMD”) (Attachment “1”, LMD Map) for Zones 1 through 38 for Fiscal Year 2026/2027.

Staff Recommendation: Approval (Public Works Department: Joseph Goulart, Public Works Director) Presenter: Jen Conway, Management Analyst II
a) Resolution No. 2026-37

7 Wednesday, July 29, 2026

15. CALRECYCLE GRANT APPLICATION AUTHORIZATION FOR BEVERAGE CONTAINER RECYCLING

CITY/COUNTY PAYMENT PROGRAM
Request the City Council adopt Resolution 2026-120, authorizing the Director of Utilities or his/her designee to complete and submit an application to CalRecycle for Beverage Container Recycling funds, the Used Oil Payment Program, and other eligible CalRecycle grants, payments, and funding opportunities to support all citywide recycling education, infrastructure, and programs.

Staff Recommendation: Approval (Utilities Department: Daniel Peterson, Director of Utilites) Presenter: Daniel Peterson, Director of Utilities
a) Resolution No. 2026-120

16. AWARD PURCHASE OF FUELS FOR FISCAL YEAR 2027
Request the City Council adopt Resolution No. 2026-128, authorizing the Mayor to execute an agreement for the purchase of unleaded gasoline and renewable diesel fuel from Mansfield Oil in the amount of $1,550,000 utilizing a Cooperative Purchase Agreement between Sourcewell and Mansfield Oil. Contract No. 121522-MNF, pursuant to Escondido Municipal Code Chapter 10, Article 5, Section 10-

91. Staff Recommendation: Approval (Public Works Department: Joseph Goulart, Director of Public Works) Presenter: Jeramiah Jennings, Fleet Maintenance Manager a) Resolution No. 2026-128

17. CARNEGIE FOUNDATION GRANT BUDGET ADJUSTMENT
Request the City Council authorize a budget adjustment to allocate the Carnegie Foundation Grant funds on behalf of the Escondido Public Library.

Staff Recommendation: Approval (Public Works Department: Joseph Goulart, Director of Public Works) Presenter: Robert Rhoades, Assistant Director of Community Services

8 Wednesday, July 29, 2026

CONSENT RESOLUTIONS AND ORDINANCES (COUNCIL/RRB)
The following Resolutions and Ordinances were heard and acted upon by the City Council/RRB at a previous City Council/Mobilehome Rent Review meeting. (The title of Ordinances listed on the Consent Calendar are deemed to have been read and further reading waived.)

18. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, APPROVING AMENDMENTS TO ARTICLE 1 AND ARTICLE 70 OF THE ESCONDIDO ZONING CODE Approved on June 24, 2026 with a vote of 5/0.
a) Ordinance No. 2026-13R (Second Reading and Adoption)

19. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO THE CONSULTING AGREEMENT WITH HROD, INC. DBA

MMO PARTNERS AND AUTHORIZING THE CITY MANAGER TO APPROVE FUTURE CONTRACT AMENDMENTS WITH HROD, INC. DBA MMO PARTNERS FOR FEDERAL LOBBYING SERVICES THROUGH JUNE 30, 2027 IN A TOTAL AMOUNT NOT TO EXCEED $109,000
Approved on June 24, 2026 with a vote of 5/0.
a) Ordinance No. 2026-14R (Second Reading and Adoption)

PUBLIC HEARING

20. BATTERY ENERGY STORAGE SYSTEMS WITHIN THE CITY OF ESCONDIDO Request the City Council adopt Ordinance No. 2026-09, adopting the County of San Diego Battery Energy Storage System (BESS) guidelines as a local amendment to the California Fire Code.

Staff Recommendation: Approval (Fire Department: Tyler Batson, Deputy Fire Chief) Presenter: La Vona Koretke, Fire Marshal
a) Ordinance No. 2026-09 (First Reading and Introduction)

9 Wednesday, July 29, 2026

CURRENT BUSINESS

21. AUTHORIZATION TO SUBMIT AN APPLICATION ON BEHALF OF HILL VALLEY, LLC FOR A GENERAL PLAN

AMENDMENT RELATED TO A MULTI-FAMILY DEVELOPMENT PROJECT Request the City Council consider adoption of Resolution No. 2026-101 authorizing City staff to intake and process a General Plan Amendment application to amend the adopted 2012 General Plan to facilitate construction of 125 multi-family units on a site with an existing General Plan land use designation of Estate I (E1).

Staff Recommendation: Provide Direction (Development Services Department: Kevin Snyder, AICP, Director of Development Services)
Presenter: Esteban Danna, Principal Planner
a) Resolution No. 2026-101

22. DESIGNATION OF VOTING DELEGATE – LEAGUE OF CALIFORNIA CITIES CONFERENCERequest the City Council designate the voting delegate and up to two alternates for the 2026 League of California Cities Annual Conference and Expo, Sept. 23-25, 2026 at the Anaheim Convention Center.

Staff Recommendation: Approval (City Clerk’s Office: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk

FUTURE AGENDA

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

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

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

10 Wednesday, July 29, 2026

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

ADJOURNMENT

UPCOMING MEETING SCHEDULE
Wednesday, August 05, 2026 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers Wednesday, August 12, 2026 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers

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

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

11 Consent Item No. 1 July 29, 2026

A F F I D A V I T S

I T E M

P O S T I N G –

 APPROVAL OF RENEWAL OF THE ESCONDIDO FIRE DEPARTMENT ORDINANCE NO. 2026-09 ADOPTING THE COUNTY OF SAN DIEGO BATTERY ENERGY STORAGE SYSTEM (BESS) GUIDELINES AS A LOCAL AMENDMENT TO THE CALIFORNIA FIRE CODE

12 Item1.

CITY OF ESCONDIDO

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

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN on WEDNESDAY, JULY 29, 2026 at 5 p.m., the Escondido City Council of the City of Escondido will hold a Public Hearing to consider the following item:

APPROVAL OF RENEWAL OF THE ESCONDIDO FIRE DEPARTMENT ORDINANCE NO. 2026-09

ADOPTING THE COUNTY OF SAN DIEGO BATTERY ENERGY STORAGE SYSTEM (BESS)

GUIDELINES AS A LOCAL AMENDMENT TO THE CALIFORNIA FIRE CODE During the Public Hearing, Escondido Fire Department staff will present information detailing:
x San Diego County Battery Energy Storage System Guidelines x Status of Workforce standards as it relates to the San Diego County Battery Energy Storage Guidelines
IF YOU CHALLENGE this item in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the City Council, at or prior to the Public Hearing.

The City of Escondido recognizes its obligation to provide equal access to public services for those individuals with disabilities. Please contact the American Disabilities Act (A.D.A.) Coordinator (760) 839- 4376 with any requests for reasonable accommodations, to include sign language interpreters, at least 24 hours prior to the meeting. The City of Escondido does not discriminate against any person with a handicapped status.

ALL INTERESTED PERSONS are invited to attend said Public Hearing to express their opinion in this matter. Said Public Hearing will be held in the Council Chambers, 201 N. Broadway, Escondido, California, 92025.

PUBLIC COMMENT: To submit comments in writing, please do so at the following link: https://escondido- ca.municodemeetings.com/bc-citycouncil/webform/public-comment.

FOR ADDITIONAL INFORMATION, please contact La Vona Koretke, Fire Marshal (760) 839-5415.

ZACK BECK, City Clerk
City of Escondido
July 16, 2026

Published in THE ESCONDIDO TIMES ADVOCATE: 7/16/26
13 Item1.

STAFF REPORT

July 29, 2026
File Number 0400-40

SUBJECT

APPROVAL OF WARRANT REGISTER

DEPARTMENT
Finance

RECOMMENDATION
Approval for City Council and Housing Successor Agency warrants issued between June 15, 2026 to July 19, 2026
Staff Recommendation: Approval (Finance Department: Christina Holmes) ESSENTIAL SERVICE – Internal requirement per Municipal Code Section 10 COUNCIL PRIORITY –

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

Dates 06/15/2026 to 07/19/2026
Total $27,574,124.59
Number of Warrants 1,022

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

CLOSED SESSION
4:00 PM

CALL TO ORDER

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

ORAL COMMUNICATIONS
None

CLOSED SESSION

I. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION (Government Code § 54957.6) a. Estate of Jacob Illian, et al. v. City of Escondido, Jason Ingco United States District Court Case No. 26-CV-3448-H (JLB) b. Rene Janelle Filippi v. City of Escondido
San Diego Superior Court Case No. 25CU060120N

ADJOURNMENT

Mayor White adjourned the meeting at 4:30 p.m.

______________________________ _______________________________

MAYOR CITY CLERK

15 Item3.

REGULAR SESSION
5:00 PM Regular Session

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

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

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

PROCLAMATION
Parks and Recreation Month

CLOSED SESSION REPORT

ORAL COMMUNICATIONS
Jesus Bustamante – Expressed opposition to the proposed Rinks project at Kit Carson Park Ruth Weber – Expressed opposition to the proposed Rinks project at Kit Carson Park John Weber – Expressed opposition to the proposed Rinks project at Kit Carson Park Kyle Pernod – Stated the proposed Rinks project is only in the beginning stages and the process will determine the feasibility of the project.

CONSENT CALENDAR
Gregg Oliver – Expressed gratitude to the City Staff are aligned with the principles of good government.

Motion to approve items 1-9, 11-13, 15-19: White; Second: C. Garcia; Approved: 5-0 16 Item3.

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

2. APPROVAL OF WARRANT REGISTER
Request the City Council approve the City Council and Housing Successor Agency warrants issued between June 08, 2026 to June 14, 2026.

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

3. APPROVAL OF MINUTES: Regular meetings of June 10, 2026 and June 17, 2026

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS

5. CONSULTING AGREEMENT WITH ADMINSURE, INC. TO PROVIDE CLAIMS ADMINISTRATION SERVICE FOR THE CITY’S WORKERS’ COMPENSATION PROGRAM
Request the City Council adopt Resolution No. 2026-84, authorizing the Mayor, on behalf of the City, to execute a five-year agreement with AdminSure to provide third-party administrator services for the City of Escondido Workers’ Compensation program. (File Number 0600-10; A-3595)
Staff Recommendation: Approval (Human Resources Department: Jessica Perpetua, Director of Human Resources)
Presenter: Jessica Perpetua, Director of Human Resources a) Resolution No. 2026-84

6. CHANGE ORDER NO. 5 FOR THE TRAFFIC SIGNAL AND INTERSECTION IMPROVEMENTS AT

EAST WASHINGTON AVENUE AND NORTH ROSE STREET
Request the City Council adopt Resolution No. 2026-117 authorizing the Mayor to execute a change order in the amount of $5,670 for the East Washington and Rose Traffic Signal and Intersection Improvement Project. (File Number 0910-20) Staff Recommendation: Approval (Public Works Department: Joseph Goulart, Director of Public Works)
Presenter: Ed Vasquez, Project Manager
a) Resolution No. 2026-117

7. AWARD CONTRACT TO REPLACE THE ROOF AT PARK AVENUE COMMUNITY CENTER AND

HALE AVENUE COMMUNITY CENTER
Request the City Council adopt Resolution No. 2026-115 authorizing the Mayor, on behalf of the City, to execute a Public Improvement Agreement with Titan Group Corporation. in the 17 Item3.

amount of $676,353 for replacement of roof at Park Avenue Community Center (PACC) and Hale Avenue Resources Recovery Facility (HARRF). (File Number 0600-10; A-3596) Staff Recommendation: Approval (Public Works Department: Joseph Goulart, Director of Public Works)
Presenter: Ed Vasquez, Project Manager
a) Resolution No. 2026-115

8. AWARD CONTRACT FOR REPAIR AND MODERNIZATION OF THREE (3) ELEVATORS AT POLICE

AND FIRE HEADQUARTERS
Request the City Council adopt Resolution No. 2026-116 authorizing the Mayor, on behalf of the City, to execute a Professional Services Agreement with Amtech Elevator Services in the amount of $449,200 for repair and modernization of three (3) elevators at Police and Fire Headquarters (PAFHQ). (File Number 0600-10; A-3597)
Staff Recommendation: Approval (Public Works: Joseph Goulart, Director of Public Works) Presenter: Ed Vasquez, Project Manager
a) Resolution No. 2026-116

9. LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT – FOURTH AMENDMENT TO PUBLIC SERVICES AGREEMENT WITH MAKELELE SYSTEMS FOR ZONES 1-38 Request the City Council adopt Resolution No. 2026-52, authorizing the Mayor, on behalf of the City, to execute a Public Services Agreement Fourth Amendment with Makelele Systems Landscape & Maintenance, Inc. and the City of Escondido Landscape Maintenance Districts (“LMD”). The LMD is requesting the approval of one (1) year of continuing landscape maintenance service for Fiscal Year 2027 as outlined in the terms of the original agreement in the amount of $282,864, and the addition of $100,000 in prior budgeted landscape repairs to address current and deferred landscape maintenance items for the special benefit of parcel owners. (File Number 0600-10; A-3458-4)
Staff Recommendation: Approval (Development Services Department: Kevin Snyder, Development Services Director, and Joe Goulart Director of Public Works) Presenter: Jen Conway, Management Analyst II
a) Resolution No. 2026-52

18 Item3.

10. PUBLIC SERVICES AGREEMENT FOR SENIOR TRANSPORTATION Request the City Council adopt Resolution No. 2026-101 authorizing a Public Services Agreement with Full Access & Coordinated Transportation, Inc., dba Facilitating Access to Coordinated Transportation in the amount of $253,422 for transportation services for seniors to and from the Park Avenue Community Center to participate in the Senior Nutrition Program. (File Number 0600-10; A-3598)
Staff Recommendation: Approval (Community Services Department: Joseph Goulart, Director of Public Works)
Presenter: Nicole White, Community Services Manager
a) Resolution No. 2026-101
Arnn Prem – Executive Director of FACT Transportation Services and expressed support for this item.

Ali Poorman – Expressed support for this item.

Motion: J. Garcia; Second: Martinez; Approved: 5-0

11. PUBLIC SERVICES AGREEMENT EXTENSION FOR SENIOR NUTRITION Request the City Council adopt Resolution No. 2026-102 authorizing the Fifth Amendment to Public Services Agreement with HumanGood SoCal, dba Redwood Senior Homes and Services in the amount of $68,000 for preparation and delivery of Senior Nutrition Program meals to the Park Avenue Community Center. (File Number 0600-10; A-3599) Staff Recommendation: Approval (Community Services Department: Joseph Goulart, Director of Public Works)
Presenter: Nicole White, Community Services Manager
a) Resolution No. 2026-102

12. PURCHASE TRAFFIC SIGNAL CONTROLLERS FOR THE CITYWIDE TRAFFIC SIGNAL

COMMUNICATIONS IMPLEMENTATION PROJECT
Request the City Council adopt Resolution No. 2026-118, authorizing the Mayor to execute, on behalf of the City, a cooperative Purchase Agreement through the HGAC-Buy Cooperative government procurement program. The contract amount is $617,156 for the purchase of 136 McCain Model 2070 Controllers and 2 McCain Model 2070 Upgrade Modules, along with Omni operating software, for the Citywide Traffic Signal Communications Implementation Project. (File Number 0600-10; A-3594)
19 Item3.

Staff Recommendation: Approval (Public Works Department: Joseph Goulart, Director of Public Works)
Presenter: Craig Williams, Transportation Project Manager a) Resolution No. 2026-118

13. AWARD CONSULTING SERVICES AGREEMENT TO KIMLEY-HORN & ASSOCIATES, INC. FOR THE

ENGINEERING DESIGN OF GRAND AVENUE VISION PROJECT - PHASE III Request the City Council adopt Resolution No. 2026-108, authorizing the Mayor, on behalf of the City, to execute a consulting services agreement with Kimley-Horn and Associates, Inc. for engineering design of the Grand Avenue Vision Project – Phase III in the amount of $528,626.87. (File Number 0600-10; A-3560)
Staff Recommendation: Approval (Development Services Department: Kevin Snyder, Director of Development Services and Jason Christman, Interim City Engineer) Presenter: Christopher Hudson, Project Manager
a) Resolution No. 2026-108

14. PL26-0121 – SPECIFIC PLAN AMENDMENT TO AMEND THE RANCHO SAN PASQUAL SPECIFIC PLAN (SPA #3) TO ALLOW FOR THE DEVELOPMENT OF THE “DOS OSOS RV RESORT AND GOLF CLUB”
Request the City Council adopt Resolution No. 2026-111 authorizing staff to further process a Specific Plan Amendment to the Rancho San Pasqual Specific Plan. (File Number 0830-20) Staff Recommendation: Approval (Development Services Department: Kevin Snyder, AICP, Director of Development Services)
Presenter: Ivan Flores, AICP, Principal Planner
a) Resolution No. 2026-111
Krisina Miller – Expressed concern regarding fire safety at the project site.

Motion: White; Second: Fitzgerald; Approved: 5-0

15. AWARD OF CONTRACT FOR ENGINEERING DESIGN SERVICES FOR 1217 SIERRA LINDA DRIVE

STORM DRAIN REPAIR PROJECT
Request the City Council adopt Resolution No. 2026-110, authorizing the Mayor, on behalf of the City, to execute a Consulting Services Agreement with Nasland Engineering in the amount 20 Item3.

of $328,808 for design engineering services of the 1217 Sierra Linda Drive Storm Drain Repair Project. (File Number 0600-10; A-3561)
Staff Recommendation: Approval (Development Services Department: Kevin Snyder, Director of Development Services)
Presenter: Jason Christman, Interim-City Engineer
a) Resolution No. 2026-110

16. CONTRACT AWARD FOR HAULING AND BENEFICIAL USE OF THE HALE AVENUE RESOURCE

RECOVERY FACILITY BIOSOLIDS
Request the City Council take the following actions: adopt Resolution No. 2026-71, authorizing the Mayor to execute a Public Services Agreement in the amount of $3,300,000 with Synagro West, LLC, the lowest responsive bidder, for hauling and beneficial use of biosolids from the Hale Avenue Resource Recovery Facility for Fiscal Year 2026 through Fiscal Year 2029; and authorize the City Manager to execute the first and second amendments to the Public Service Agreement with Synagro West, LLC, in the event the City exercises the option to renew for Fiscal Year 2030 and Fiscal Year 2031. (File Number 0600-10; A-3562) Staff Recommendation: Approval (Utilities Department: Daniel Peterson, Director of Utilities) Presenter: Kyle Morgan, Assistant Director of Utilities, Wastewater a) Resolution No. 2026-71

17. FISCAL YEAR 2025/26 PAUL COVERDELL FORENSIC IMPROVEMENT PROGRAM GRANT AND

BUDGET ADJUSTMENT
Request the City Council adopt Resolution No. 2026-100 authorizing the Chief of Police or his designee to (1) accept a Fiscal Year 2025-26 California Office of Emergency Services (CalOES) Paul Coverdell Forensic Science Improvement Program Grant in the amount of $51,013 to cover costs of equipment to improve the quality and timeliness of forensic science services and costs associated with maintaining accreditation for the Police Department Forensic Services Unit; (2) execute all documents necessary for the management and completion of the grant scope; and (3) authorize the necessary budget adjustment needed to spend grant funds. (File Number 0480-70)
Staff Recommendation: Approval (Police Department: Ken Plunkett, Chief of Police) Presenter: Ken Plunkett, Chief of Police
a) Resolution No. 2026-100
21 Item3.

18. APPROVAL OF SECOND AMENDMENT TO CONSULTING SERVICES AGREEMENT WITH HROD, INC. DBA MMO PARTNERS AND AUTHORIZATION FOR THE CITY MANAGER TO APPROVE

ANNUAL CONTRACT AMENDMENTS FOR FEDERAL LOBBYING SERVICES THROUGH SEPTEMBER 30, 2029
Request the City Council adopt Ordinance No. 2026-14 approving a Second Amendment to the Consulting Services Agreement with HROD, Inc. dba MMO Partners to provide lobbying services to support the City of Escondido’s Federal legislative priorities and authorizing the City Manager to approve annual contract amendments. (File Number 0600-10; A-3602-2) Staff Recommendation: Approval (City Manager’s Office: Christopher McKinney, Deputy City Manager)
Presenter: Christopher McKinney, Deputy City Manager
a) Ordinance No. 2026-14 (First Reading and Introduction)

19. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA,

APPROVING A PLANNED DEVELOPMENT PERMIT (MASTER AND PRECISE PLAN) TO ALLOW GROUND-FLOOR RESIDENTIAL USES FOR THE CONSTRUCTION OF 94 UNITS Approved on June 10, 2026 with a vote of 5/0.
a) Ordinance No. 2026-12 (Second Reading and Adoption)

PUBLIC HEARINGS

20. PL25-0083: ZONE TEXT AMENDMENTS – ARTICLE 70 AND ARTICLE 1 Request the City Council adopt Ordinance No. 2026-13 approving a Zone Text Amendment to Chapter 33 (Zoning) of the Escondido Municipal Code, specifically Article 70 (Accessory Dwelling Units and Junior Accessory Dwelling Units) and Article 1 (General Provisions and Definitions), for the purpose of compliance with mandatory State law, specifically Government Code sections 66310 through 66342. The Zone Text Amendment includes minor text updates to Article 1 to reconcile definitions of “accessory dwelling” and “junior accessory dwelling” with the new Article 70 language. (File Number 0680-50) Staff Recommendation: Approval (Development Services Department: Kevin Snyder, AICP, Director of Development Services)
22 Item3.

Presenter: Sally Schifman, Principal Planner
a) Ordinance No. 2026-13 (First Reading and Introduction) Motion: Martinez; Second: J. Garcia; Approved: 5-0

21. CONTINUED FROM JUNE 17, 2026 MEETING - ORDINANCE NO. 2026-07 – BICYCLES,

NONMOTORIZED VEHICLES, AND MOBILITY DEVICES
Request the City Council adopt Ordinance No. 2026-07, amending Chapters 5, 10, 18, and 28 of the Escondido Municipal Code to regulate Bicycles, Nonmotorized Vehicles, and Mobility Devices, and related enforcement activities. (File Number 0680-10) Staff Recommendation: Approval (Police Department: Ken Plunkett, Chief of Police) Presenter: Craig Miller, Lieutenant, Traffic Division
a) Ordinance No. 2026-07 (First Reading and Introduction) Natalie Osborne – Expressed opposition to the ban on motorized boards Tim Zarza – Expressed opposition to the ban on motorized boards Brian Reinbach – Expressed support for the revised Ordinance Tracy Reed – Expressed opposition to the Ordinance banning E-bikes at Daley Ranch Kyle Felsman – Expressed opposition to the item
Peter Hulburt – Expressed support for revis ions to the Ordinance and requested that the Ordinance reflect that Class 1 E-Bikes be allowed on trails.

Scott Hansen – Expressed support for revisions to Ordinance and requested that the Ordinance reflect that Class 1 E-Bikes be allowed on trails
Mary Anne Dijak – Expressed support for the Ordinance
Jason Sampace – Expressed opposition to the ban on motorized boards The City Council provided directed staff to revise the Ordinance and bring it back for consideration at a future date

23 Item3.

FUTURE AGENDA

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

Staff Recommendation: None (City Clerk's Office: Zack Beck) Councilmember C. Garcia / Mayor White – CEA Presentation

ORAL COMMUNICATIONS
Bonnie Sealey – Expressed concern regarding lack of Disabled Parking Spaced in Downtown David Graves – Expressed opposition to the proposed Rinks project at Kit Carson Park Georgine Tomasi – Expressed opposition to the proposed Rinks project at Kit Carson Park Kay Guy – Expressed opposition to the proposed Rinks project at Kit Carson Park Matt Roberts – Expressed opposition to the proposed Rinks project at Kit Carson Park as it would displace the current softball fields
Melissa Petri – Expressed opposition to the proposed Rinks project at Kit Carson Park Elias Velazquez – Expressed opposition to the proposed Rinks project at Kit Carson Park Victor King – Expressed opposition to the proposed Rinks project at Kit Carson Park Patricia Borchmann – Expressed opposition to the proposed Rinks project at Kit Carson Park Stephen Heilman – Expressed opposition to the proposed Rinks project at Kit Carson Park Jennifer Disser – Expressed opposition to the proposed Rinks project at Kit Carson Park 24 Item3.

Stephen Heilman – Expressed support for the proposed Rinks project at Kit Carson Park Larry Thornburgh – Expressed opposition to the proposed Rinks project at Kit Carson Park Richard Cannon – Expressed opposition to the proposed Rinks project at Kit Carson Park Merilyn Carpenter – Expressed opposition to the proposed Rinks project at Kit Carson Park Tedi Jackson – Expressed opposition to the proposed Rinks project at Kit Carson Park Maria Wallace – Expressed opposition to the proposed Rinks project at Kit Carson Park Marina Brito – Expressed opposition to the proposed Rinks project at Kit Carson Park Tedi Jackson – Expressed opposition to the proposed Rinks project at Kit Carson Park Maria Wallace – Expressed opposition to the proposed Rinks project at Kit Carson Park Mariana Brito – Expressed opposition to the proposed Rinks project at Kit Carson Park Vanessa Valenzuela – Expressed opposition to the proposed Rinks project at Kit Carson Park Ino Rivera – Expressed opposition to the proposed Rinks project at Kit Carson Park Kristina Miller – Expressed opposition to the proposed Rinks project at Kit Carson Park Amalia Martinez– Expressed opposition to the proposed Rinks project at Kit Carson Park Abel Martinez – Expressed opposition to the proposed Rinks project at Kit Carson Park

ADJOURNMENT
Mayor White adjourned the meeting at 8:22 p.m.

______________________________ _______________________________

MAYOR CITY CLERK
25 Item3.

26 Item3.
27 Item4.

STAFF REPORT

July 29, 2026
File Number 0685-10

SUBJECT
SETTING SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2022 -1 (ECLIPSE/MOUNTAIN HOUSE)

DEPARTMENT
Finance

RECOMMENDATION
Request the City Council adopt Resolution 2026-124, setting the Special Tax Levy for Community Facilities District No. 2022-1(Eclipse/Mountain House) (the “District”) for Fiscal Year 2026/27.

Staff Recommendation: Approval/ Receive and File (Finance: Christina Holmes) Presenter: Christina Holmes
ESSENTIAL SERVICE – Internal Requirement, Land Use/Development COUNCIL PRIORITY – Encourage Housing Development

FISCAL ANALYSIS
A Special Tax will be levied annually on land within Community Facilities District No. 202 2-1 (Eclipse/Mountain House) and collected through the County of San Diego Treasurer-Tax Collector’s Office.

The funds from the Special Tax will be used to meet the requirements established at the time of formation of the District.

PREVIOUS ACTION
On May 13, 2021, the City Council authorized a Deposit Account and Reimbursement Agreement between the City of Escondido and CWC Escondido 113, LLC which established the Eclipse (formerly known as Del Prado) zone of the project.

On August 31, 2021 , the City Council autho rized the First Amendment to Deposit Account and Reimbursement Agreement between the City of Escondido and CWC Escondido 113, LLC to include the additional project Mountain House in the CFD No 2022-1. 28 Item5.

The City Council approved the establishment of Communi ty Facilities District No. 2022 -01 (the Eclipse/Mountain House project) on March 2, 2022, and has annually thereafter adopted a resolution setting the annual Special Tax Levy. Prior year’s Resolution No. 2025-99 was adopted on July 23, 2025.

BACKGROUND
A Community Facilities District (CFD) is a special taxing district that is formed at the request of a project proponent with the approval of the local jurisdiction. CFD's were established in State Government Code in 1982 (also referred to as the Mello -Roos Act) to provide an alternate method for private property owners to finance the acquisition, construction and maintenance of certain public capital facilities, and/or to cover the related cost of ongoing services.

CFD 2022 -1 was formed on March 2, 2022, to fund the public facilities fees associated with the Eclipse/Mountain House Project. The CFD was formed with two distinct zones. Zone A originally contained 81 of the total 113 townhomes in the Eclipse project. The remaining 32 townhomes were annexed into Zone A of this CFD in December of 2022. Zone B contains the Mountain House project which includes 36 residential lots. In December of 2023 the developer of Zone B, the Mountain House project, prepaid the Special Tax obligations with respect to the proper ty in Zone B and, therefore, is no longer subject to the Special Tax.

On April 16, 2024, Special Tax Bonds of $3,350,000 were issued. As of June 30, 2026, all proceeds were expended, and the projects completed. As of July 1, 202 6, $3,260,000 of principa l remain outstanding and the bonds mature on September 1, 2054.

A comparative analysis of the annual Special Tax Levy Calculation for FY2026/27 is presented on Attachment A. As noted in the analysis, the FY2025/26 Special Tax Levy requirement increased from $225,787.88 by 4.28% in the amount of $9,656.64 or an average of $85.46 per parcel.

RESOLUTIONS
a. Resolution No. 2026-124
b. Resolution No. 2026-124 Exhibit “A” CFD 2022-1 (Eclipse/Mountain House) Special Tax Rates

ATTACHMENTS
a. Attachment “1” - CFD 202 2-1 (Eclipse/Mountain House) Special Tax Levy Comparative Analysis
29 Item5.

RESOLUTION NO. 2026-124

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, ACTING AS LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-1
(ECLIPSE/MOUNTAIN HOUSE ), PROVIDING FOR THE

LEVY OF AN ANNUAL SPECIAL TAX FOR SUCH

COMMUNITY FACILITIES DISTRICT FOR FISCAL YEAR
2026-27

WHEREAS, the City Council of the City of Escondido , C alifornia (the “Legislative Body”), has initiated proceedings, held a public hearing, conducted an election , and received a favorable vote from the qualified electors to authorize the levy of a Special T ax in a Community Facilities D istrict, all as authorized pursuant to the terms and provisions of the “Mello -Roos Community Facilities Act of 1982 ,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”).

This Community Facilities District is designated as Community Facilities District No . 2022-1 (Eclipse/Mountain House) (the “District”); and
WHEREAS, this Legislative Body, by the adoption of the Ordinance No. 2022-10 (the “Ordinance”) pursuant to Section 53340 of the Government Code of the State of California, has authorized the levy of Special Taxes (as such term is defined in the Ordinance) within the District to finance authorized facilities; and
WHEREAS, Government Code Section 53340 provides that this legislative body may provide, by resolution, for the levy of the Special Taxes in the current tax year at the same rates or at a lower rate than provided for in the Ordinance, if such resolution is adopted and a certified list of all parcels subject to the Special Tax levy including the amount of the Special Tax to be levied on each parcel for the current tax year (the “Certified Parcel List”) is timely filed by the clerk or other official designated by this legislative body with the Auditor of the County of San Diego (the “County Au ditor”) on or before August 10 of the applicable tax year.
30 Item5.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, acting as the legislative body of Community Facilities District No. 2022-1 (Eclipse/Mountain House), as follows:

1. That the above recitations are true.

2. That this legislative body hereby authorizes and provides for the levy of the Special Tax within the District on those Taxable Properties (as such term is defined in the Ordinance) within the District for Fiscal Year 2026-27 so long as the rates of such Special Tax are the same rates or lower rates than the rates provided for in the Ordinance. The Proposed Special Tax Rates for the District for Fiscal Year 2026-27 are contained on Exhibit “A” attached to this Resolution and incorporated by this reference.

After adoption of this R esolution, the Finance Director of the City, or Finance Director’s designee, may make any necessary modifications to these Special Tax Rates to correct any errors, omissions or inconsistencies in the listing or categorization of parcels to be taxed or in the amounts to be charged to any category of parcels; provided, however, that any such modifications shall not result in an increase in the Special Tax applicable to any category of parcels and can only be made prior to the submission of the tax rolls to the County Auditor.

3. That the Finance Director is hereby designated and directed to prepare and submit a Certified Parcel List to the County Auditor on or before August 10, or such later date to which the County Auditor may agree, setting forth the amount of the Special Tax to be levied on each Taxable Property within the District calculated pursuant to the Ordinance and subject to the limitations set forth in Section 2 above.

4. That th e Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Treasurer-Tax Collector of the County of San Diego is hereby authorized to deduct reasonable administrative costs incurred in collecting any said Special Tax.

Any Special Taxes that may not be collected on the County of San Diego (“County”) tax roll shall be 31 Item5.
collected through a direct billing procedure by the Treasurer of the City of Escondido, or his/her designee acting for and on behalf of the District.

5. That the County Auditor is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected in a space marked “public improvements, special tax” or by any other suitable designation, the installment of the Special Tax.

6. That the County Auditor shall then, at the close of the tax collection period, promptly render to the District a detailed report showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.

32 Item5.

City of Escondido CFD 2022-1 - Fund No. 6038-63
Estimated Special Tax Requirement (Special Tax Bonds Issued as of May 2024) Fiscal Year 2026/27
Projected Actual Fiscal Year 2025/26:
1 Fund Balances
Proposed 7/8/2026
City to Review and Provide
SDFA to calculate once above provided
Source:

Special Tax Fund: (City - Acct #100) 169,456.09 City Date: 6/25/2026 Bond Service Fund:

Special Tax Fund (Acct #994224) 5,209.97 Trustee: 6/30/2026 BNY Debt Service Account (Acct #994251/994253/994254) 0.00 Trustee: 6/30/2026 BNY Surplus Fund (Acct #994810 ) 0.00 Trustee: 6/30/2026 BNY Fund Balances: $174,666.06
2 Current Year Requirements:

Debt Service
Interest Due: 9/1/2026 81,500.00 Debt Issued 5/9/24
Principal Due: 9/1/2026 60,000.00 Debt Issued 5/9/24
Total Principal and Interest Due from Current Balances: $141,500.00 Ability to make September Debt Service Payment: Yes
Administrative Expenses
City Staff Charges - FY 2025/26 0.00 City Date: 6/25/2026 Consulting Administrative Invoices - FY 2025/26 1,574.99 SDFA Invoice 17271 Dated Cashflow for Expenses Incurred Prior to January 9,300.00 SDFA Estimate - May 2026 Current Fiscal Year Administrative Costs not yet Funded $10,874.99 3 Projected Ending Balance - (available funds) - June 30, 2026: $22,291.07 (Deficit) / Surplus - held for project payment Budget / Levy Requirement Fiscal Year 2026/27:
1 Fund Balances ($22,291.07)
2 Debt Service Requirements
Interest Due: 3/1/2027 80,000.00 Debt Issued 5/9/24
Interest Due: 9/1/2027 80,000.00 Debt Issued 5/9/24
Principal Due: 9/1/2027 60,000.00 Debt Issued 5/9/24
Total Principal and Interest Due for 2026/27 Levy: $220,000.00 3 Reserve Fund Requirement: the lesser of the below
10% of original principal static 335,000.00
125% of average annual changes 265,513.39
Max debt service changes 222,000.00
Initial Deposit static 226,000.00
Reserve Fund Requirement as of Sept 1, 2027 (for levy 2026-27) $222,000.00 Balance $222,000.00
Requirement $0.00
4 Administrative Requirements
1 Periodic Costs on the Bonds 0.00
2 CFD Administrative Expense Estimate
Fiscal Agent Fees (BNY) 1,800.00 City Date: 6/25/2026
Administrative Fees 7,500.00 SDFA Estimate - May 2026
Attorney's Fees 500.00 City Date: 6/25/2026
Delinquency Recovery Fees / Segregations 1,500.00 SDFA Estimate - May 2026 County Fees 11.30 SDFA Estimate - May 2026
City Staff Charges 20,973.57 City Date: 6/25/2026 *Reduced $3,926.43 to comply with Max Admin *Arbitrage Rebate Calculation Fees (Annual Calcs.) 0.00 SDFA Estimate - May 2026 Continuing Disclosure Fees 1,500.00 SDFA Estimate - May 2026 Contingency 0,00 Currently backed into with current year admin req **Total CFD Administrative Expense Requirement 33,784.87 ** Admin Expenses Requirement STRB 2024 OS Escalates 2% each bond yr.

Administrative Expense Fund Balance 0.00 City Date: 06/25/2026 Total Administrative Funds Available $0.00 Prior year balances do not reduce the levy; held for project funding 5 Subtotal Requirement 2026/27 $231,493.80
Contingency for Delinquency** 1.71% $3,951.92 SDFA to Calculate ** FY 2025/26 2nd Installment
6 Levy Requirement Fiscal Year 2026/27 $235,445.72 SDFA to Calculate 7 Calculation of Undeveloped Requirement:

Developed Special Tax Revenue (Maximum Assigned) $281,381.30 Undeveloped Requirement (Built out as of 2024) NA
Total Undeveloped Requirement NA
8 Proposed Actual Levy:

Total Developed Levy $235,444.52 SDFA to Calculate
Pierenee® Required Levy (rounding) = ($1.20) SDFA to Calculate CITY INITIALS: 3747S
DATE: 7/8/2026 Page 1 of 1
Resolution No. 2026-124
Exhibit "A"

Page 1 of 1 ends

Item5.

Description $ %
Beginning Balance (07/01) $346,730.64 $418,992.44 $400,302.24 Revenue
Special Taxes 261,047.85 230,110.71
Interest 3,598.56 2,106.79
Subtotal Revenue Available to the Repayment of Debt & Admin $264,646.41 $232,217.50 $0.00 Expenditures
Cost of Bonded Indebtedness:

Interest Due 09/01 Reported Fiscal Year 9/1/2024 52,111.11 9/1/2025 83,000.00 9/1/2026 81,500.00 Principal Due 09/01 Reported Fiscal Year 9/1/2024 30,000.00 9/1/2025 60,000.00 9/1/2026 60,000.00 Interest Due 03/01 Reported Fiscal Year 3/1/2025 83,000.00 3/1/2026 81,500.00 3/1/2027 80,000.00 Interest Due 09/01 Pending Year Obligation 9/1/2027 80,000.00 Principal Due 09/01 Pending year Obligation 9/1/2027 60,000.00 Total Principal and Interest Due from Annual Levy and Avail Funds $165,111.11 $224,500.00 $361,500.00 Cost of Collection (Proposed Fiscal Year Shown at Maximum) 27,273.50 26,407.70 33,784.87 Available Cash Account Balances to Reduce Levy 14,509.97 Contingency for Delinquency (Proposed Current Year Only) 3,951.92 Subtotal Expenditures for the Repayment of Debt & Admin $27,273.50 $26,407.70 $52,246.76 Total Annual Expenditures $192,384.61 $250,907.70 $413,746.76 Ending Balance (6/30) $418,992.44 $400,302.24 ($13,444.52) Reserve Fund Requirement 226,000.00 226,000.00 222,000.00 Calculated Annual Special Tax Requirement $261,512.10 $225,787.88 ($235,444.52) Approved / Proposed Levy $261,512.10 $225,787.88 $235,444.52 $9,656.64 4.28% Number of Dweling Units Levied 113 113 113
Average Levy per Dwelling Unit $2,314.27 $1,998.12 $2,083.58 $85.46 4.28% Change from Prior Year
Actuals FY 2024-
25 Estimated
Actuals FY 2025-
26 Proposed / Budget FY 2026-27
Attachment "1"
City of Escondido CFD 2022-01 (Eclipse MTN House)
Special Tax Levy Comparative Analysis (Fund 1731 & Fiscal Agent Accounts) Tax Year 2026-27
34 Item5.

STAFF REPORT

July 29, 2026
File Number 0685-10

SUBJECT
SETTING SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2006-01 (EUREKA RANCH)

DEPARTMENT
Finance

RECOMMENDATION
Request the City Council adopt Resolution 202 6-122, setting the Special Tax Levy for Community Facilities District No. 2006-01 (Eureka Ranch) (the “District”) for Fiscal Year 2026/27.

Staff Recommendation: Approval (Finance: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
ESSENTIAL SERVICE – Internal Requirement, Land Use/Development COUNCIL PRIORITY – Encourage Housing Development

FISCAL ANALYSIS
A Special Tax is levied annually on land within Community Facilit ies District No. 2006-01 (Eureka Ranch) and collected through the County of San Diego Treasurer -Tax Collector’s Office. The funds from the Special Tax are used to meet debt service obligations from the issuance of bonds and fund administrative expenses for the District.

PREVIOUS ACTION
The City Council approved the establishment of Community Facilities District No. 2006-01 (Eureka Ranch) on September 27, 2006, and has annually thereafter adopted a resolution setting the annual Special Tax Levy. Prior year’s Resolution No. 2025-97 was adopted on July 23, 2025.

BACKGROUND
At the request of the property owner/developer and pursuant to the City’s Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts, Community Facilities District No. 2006 -01 (Eureka Ranch) was formed and bonds were issu ed for the purpose of providing street, storm drain and sewer improvements as well as utility undergrounding within the Eureka Ranch development and East Valley Parkway area as authorized in Section 6 of the Resolution of Formation No. 2006 -227 adopted in 35 Item6.

September of 2006. As required, the proceeds of the bonds were held in a separate account and used only for such authorized purposes. As of June 30, 2013, all proceeds were expended, and the projects completed. As of July 1, 202 6, $8,785,000 of principal remain outstanding and the bonds mature on September 1, 2036.

According to the Rate and Method of Apportionment of Special Taxes for Community Facilities District No. 2006-01 (Eureka Ranch), a Special Tax shall be levied annually on land within the District and collected in the same manner and at the same time as ordinary ad valorem property taxes. The City is responsible for annually determining the Special Tax liability for each parcel within the District and for providing this information to the County of San Diego in August of every year.

A comparative analysis of the annual Special Tax Levy Calculation for FY202 6/27 is presented on Attachment A. As noted in the analysis, the FY2026/27 Special Tax Levy requirement decreased from $1,061,528.86 by 0.82% in the amount of $8,698.36 or an average of $25.89 per parcel.

RESOLUTIONS
a. Resolution No. 2026-122
b. Resolution No. 2026-122 Exhibit “A” CFD 2006-01 (Eureka Ranch) Special Tax Rates

ATTACHMENTS
a. Attachment “1” - CFD 2006-01 (Eureka Ranch) Special Tax Levy Comparative Analysis 36 Item6.

RESOLUTION NO. 2026-122

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, ACTING AS LEGISLATIVE BODY
OF COMMUN ITY FACILITIES DISTRICT NO. 2006 -01
(EUREKA RANCH ), PROVIDING FOR THE LEVY OF AN

ANNUAL SPECIAL TAX FOR SUCH COMMUNITY FACILITIES
DISTRICT FOR FISCAL YEAR 2026-27

WHEREAS, the City Council of the City of Escondido , C alifornia (the “Legislative Body”), has initiated proceedings, held a public hearing, con ducted an election, and received a favorable vote from the qualified electors to authorize the levy of a Special T ax in a Community Facilities D istrict, all as authorized pursuant to the terms and provisions of the “Mello -Roos Community Facilities Act of 1982 ,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”).

This Community Facilities District is designated as Community Facilities District No . 2006 -01 ( Eureka Ranch) (the “District”); and
WHEREAS, this Legislative Body, by the adoption of the Ordinance No. 2006-32 (the “Ordinance”) pursuant to Section 53340 of the Government Code of the State of California, has authorized the levy of Special Taxes (as such term is defined in the Ordinance) within the District to finance authorized facilities; and
WHEREAS, Government Code Section 53340 provides that this legislative body may provide, by resolution, for the levy of the Special Taxes in the current tax year at the same r ates or at a lower rate than the rate provided for in the Ordinance, if such resolution is adopted and a certified list of all parcels subject to the Special Tax levy including the amount of the Special Tax to be levied on each parcel for the current tax year (the “Certified Parcel List”) is timely filed by the clerk or other official designated by this legislative body with the Auditor of the County of San Diego (the “County Au ditor”) on or before August 10 of the applicable tax year.
37 Item6.

NOW, THEREFORE, BE I T RESOLVED by the City Council of the City of Escondido, acting as the legislative body of Community Facilities District No. 2006-01 (Eureka Ranch), as follows:

1. That the above recitations are true.

4. That th e Special Tax shall be collected in the same manner a s ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Treasurer-Tax Collector of the County of San Diego is hereby authorized to deduct reasonable administrative costs incurred in collecting any said Special Tax.

Any Special Taxes that may not be collected on the County of San Diego (“County”) tax roll shall be 38 Item6.
collected through a direct billing procedure by the Treasurer of the City of Escondido, or his/her designee, acting for and on behalf of the District.

5. That the County Auditor is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel o f land affected in a space marked “public improvements, special tax” or by any other suitable designation, the installment of the Special Tax.

39 Item6.

City of Escondido CFD 2006-1 - Fund No. 6038-54
Estimated Special Tax Requirement (Refunded in June 2015) Fiscal Year 2026/27
Proposed Date 7/8/2026
City to Review and Confirm Final
Projected Actual Fiscal Year 2025/26: Needs further actions or review 1 Fund Balances Source:

Special Tax Fund: (City - Acct #1001) 900,216.94 City Date: 6/25/2026 Bond Service Fund: -
Debt Service Account (Acct #686531) 79.72 Trustee Date - 06/30/2026 Surplus Fund (Acct #686537) 113.72 Trustee Date - 06/30/2026 Fund Balances: $900,410.38
2 Current Year Requirements:

Debt Service
Interest Due: 9/1/2026 (2015STRB) 200,250.00 BNY DS after 3/1/2026 Prepayment Principal Due: 9/1/2026 (2015STRB) 635,000.00 BNY DS after 3/1/2026 Prepayment Total Principal and Interest Due from Current Balances: $835,250.00 Ability to make September Debt Service Payment: Yes
Administrative Expenses
City Staff Charges - FY 2025/26 0.00 City Date: 06/25/26 Consulting Administrative Invoices - FY 2025/26 2,235.49 SDFA Inv 17269 Dated Current Fiscal Year Administrative Costs not yet Funded $2,235.49 3 Projected Ending Balance - (available funds) - June 30, 2026: $62,924.89 (Deficit) / Surplus - flows to budget fiscal year Budget / Levy Requirement Fiscal Year 2026/27:
1 Fund Balances ($62,924.89) Excess projected at prior fiscal year end Cashflow (carry forward of unfunded prior year expense) $0.00 See Administrative Expenses Above.

Cashflow Requirements $16,300.00 expenses due prior to receipt of funds - Includes possible Arbitrage Report 2 Debt Service Requirements
Interest Due: 3/1/2027 (2015STRB) 184,375.00 BNY DS after 3/1/2026 Prepayment Interest Due: 9/1/2027 (2015STRB) 184,375.00 BNY DS after 3/1/2026 Prepayment Principal Due: 9/1/2027 (2015STRB) 665,000.00 BNY DS after 3/1/2026 Prepayment Total Principal and Interest Due for 2026/27 Levy: $1,033,750.00 2 No Reserve Fund...covered by Surety Bond.
4 Administrative Requirements
1 Periodic Costs on the Bonds 0.00
2 CFD Administrative Expense Estimate
Fiscal Agent Fees (BNY) 1,800.00 City Date: 6/25/2026
Administrative Fees 7,000.00 SDFA Estimate - May 2026
Attorney's Fees 500.00 City Date: 6/25/2026
Delinquency Recovery Fees 1,500.00 SDFA Estimate - May 2026 County Fees 33.80 SDFA Estimate - May 2026
City Staff Charges 38,770.00 City Date: 6/25/2026
*Arbitrage Rebate Calculation Fees (5-yr Calcs.) 0.00 SDFA Confirming if required Continuing Disclosure Fees 2,500.00 SDFA Estimate - May 2026 Contingency 7,334.09 Currently backed into with current year admin req **Total CFD Administrative Expense Requirement $59,437.89 * No Arb. Fee included, Arb. not req'd For 2019 5 yr calc per SDFA-City 6.19.2019 Email. check in 2023 for the 9/2024 Arb rpt to see if one is required. ** Admin Expenses Requirement /STRB 2015 OS Escalates 2% each bond yr, Administrative Expense Fund Balance 0.00 City Date: 6/25/2026 - In fund balances above Total Administrative Funds Available $0.00 wa
5 Subtotal Requirement 2026/27 $1,046,563.00
Contingency for Delinquency** 0.60% $6,270.51 SDFA to Calculate ** FY 2025/26 2nd Installment Deling. Summary - Rate 0.60% 6 Levy Requirement Fiscal Year 2026/27 $1,052,833.51 SDFA to Calculate 7 Calculation of Undeveloped Requirement:

Developed Special Tax Revenue $1,052,833.51 SDFA to Calculate Undeveloped Requirement (Built out as of June 1, 2004) $0.00 Total Requirement $1,052,833.51 SDFA to Calculate
8 Proposed Actual Levy:

Total Developed Levy Proposed Final $1,052,833.51 SDFA to Calculate Difference to Required Levy (rounding) $ 1,052,830.50 SDFA to Calculate CITY INITIALS: Dy) $1,061,528.86 Levy 2025/26
7 0 *
DATE: 7/8/2026 0.82% Percentage Change in total levy Page 1 of 1 Resolution No. 2026-122
Exhibit "A"

Page 1 of 1 ends

Item6.

Description $ %
Beginning Balance (07/01) $868,763.42 $923,833.11 $898,147.94 Revenue
Special Taxes 1,106,376.75 1,082,943.51
Interest 17,452.94 9,834.75
$1,123,829.69 $1,092,778.26 $0.00
Expenditures
Cost of Bonded Indebtedness:

Interest Due 09/01 Reported Fiscal Year 9/1/2024 231,125.00 9/1/2025 216,750.00 9/1/2026 200,250.00 Principal Due 09/01 Reported Fiscal Year 9/1/2024 575,000.00 9/1/2025 630,000.00 9/1/2026 635,000.00 Interest Due 03/01 Reported Fiscal Year 3/1/2025 216,750.00 3/1/2026 231,000.00 3/1/2027 184,375.00 Interest Due 09/01 Pending Year Obligation 9/1/2027 184,375.00 Principal Due 09/01 Pending year Obligation 9/1/2027 665,000.00 Total Principal and Interest Due from Annual Levy $1,022,875.00 $1,077,750.00 $1,869,000.00 Cost of Collection (Proposed Fiscal Year Shown at Maximum) 45,885.00 40,713.43 59,437.89 Available Cash Account Balances to Reduce Levy 16,300.00 Contingency for Delinquency (Proposed Current Year Only) 6,240.55 45,885.00 40,713.43 $81,978.44
Total Annual Expenditures 1,068,760.00 1,118,463.43 1,950,978.44 Ending Balance (6/30) 923,833.11 898,147.94 (1,052,830.50) Calculated Annual Special Tax Requirement $1,072,494.34 $1,061,528.86 $1,052,830.50 Approved / Proposed Levy as Allocated among 338 Parcels $1,072,494.34 $1,061,528.86 $1,052,830.50 ($8,698.36) -0.82% Average Levy per Dwelling Unit $3,191.95 $3,159.31 $3,133.42 ($25.89) -0.82% Change from Prior Year
Actuals
FY 2024-25
Estimated
Actuals
FY 2025-26
Proposed /
Budget
FY 2026-27
Attachment "1"
City of Escondido CFD 2006-01 (Eureka Ranch)
Special Tax Levy Comparative Analysis (Fund 1728)
Tax Year 2026-27
41 Item6.

STAFF REPORT

July 29, 2026
File Number 0685-10

SUBJECT
SETTING SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (HIDDEN TRAILS)

DEPARTMENT
Finance

RECOMMENDATION
Request the City Council adopt Resolution 20 26-121, setting the Special Tax Levy for Community Facilities District No. 2000-01 (Hidden Trails) (the “District”) for Fiscal Year 2026/27 Staff Recommendation: Approval (Finance: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
ESSENTIAL SERVICE – Internal Requirement, Land Use/Development COUNCIL PRIORITY – Encourage Housing Development

FISCAL ANALYSIS

A Special Tax is levied annually on land within Community Facilities District No. 200 0-01 (Hidden Trails) and collected through the County of San Diego Treasurer -Tax Collector’s Office. The funds from the Special Tax are used to meet debt service obligations from the issuance of bonds and fund administrative expenses for the District.

PREVIOUS ACTION

The City Council approved the establishment of Community Facilities District No. 2000-01 (Hidden Trails) on September 20, 2000, and has annually thereafter adopted a resolution setting the annual Special Tax Levy. Prior year’s Resolution No. 2025-96 was adopted on July 23, 2025.

BACKGROUND

At the request of the property owner/developer and pursuant to the City’s Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts, Community Facilities District No. 2000 -01 (Hidden Trails) was formed and bonds issued f or the purpose of acquiring certain backbone facilities including street, water and sewer facilities which were constructed within the Hidden Trails development 42 Item7.

as authorized in Section 6 of the Resolution of Formation No. 2000 -241R adopted in March of 200 0. As required, the proceeds of the bonds were used only for such authorized purposes. As of September 30, 2005, all proceeds were expended, and the projects completed. As of July 1, 2026, $980,000 of principal remain outstanding and the bonds mature on September 1, 2031.

According to the Rate and Method of Apportionment of Special Taxes for Community Facilities District No. 2000-01 (Hidden Trails), a Special Tax shall be levied annually on land within the District and collected in the same manner and at the same time as ordinary ad valorem property taxes. The City is responsible for annually determining the Special Tax liability for each parcel within the District and for providing this information to the County of San Diego in August of every year.

A comparative analysis of the annual Special Tax Levy Calculation for Fiscal Year 2026/27 is presented on Attachment “1”. As noted in the analysis, the 202 6-27 Special Tax Levy requirement decreased from $205,365 by 1.32% in the amount of $2,713.72 or an average of $9.36 per parcel.

RESOLUTIONS
a. Resolution No. 2026-121
b. Resolution No. 2026-121 Exhibit “A” CFD 2000-01 (Hidden Trails) Special Tax Rates

ATTACHMENTS
a. Attachment “1” - CFD 2000-01 (Hidden Trails) Special Tax Levy Comparative Analysis

43 Item7.

RESOLUTION NO. 2026-121

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, ACTING AS LEGISLATIVE BODY
OF COMMUN ITY FACILITIES DISTRICT NO. 2000 -01
(HIDDEN TRAILS ), PROVIDING FOR THE LEVY OF AN

ANNUAL SPECIAL TAX FOR SUCH COMMUNITY FACILITIES
DISTRICT FOR FISCAL YEAR 2026-27

This Community Facilities District is designated as Community Facilities District No . 2000 -01 ( Hidden Trails) (the “District”); and
WHEREAS, this Legislative Body, by the adoption of the Ordinance No. 2000-30 (the “Ordinance”) pursuant to Section 53340 of the Government Code of the State of California, has authorized the levy of Special Taxes (as such term is defined in the Ordinance) within the District to finance authorized facilities; and
WHEREAS, Government Code Section 53340 provides that this legislative body may provide, by resolution, for the levy of the Special Taxes in the current tax year at the same rates or at a lower rate than the rate provided for in the Ordinance, if such resolution is adopted and a certified list of all parcels subject to the Special Tax levy including the amount of the Special Tax to be levied on each parcel for the current tax year (the “Certified Parcel List”) is timely filed by the clerk or other official designated by this legislative body with the Auditor of the County of San Diego (the “County Auditor”) on or before August 10 of the applicable tax year.
44 Item7.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Es condido, acting as the legislative body of Community Facilities District No. 2000-01 (Hidden Trails), as follows:

1. That the above recitations are true.

3. That the Finance Director is hereby designated and directed to prepare and submit a Certified Parcel List to the County Auditor on or before August 10, or such later date to which the County Auditor may agree, setti ng forth the amount of the Special Tax to be levied on each Taxable Property within the District calculated pursuant to the Ordinance and subject to the limitations set forth in Section 2 above.

4. That th e Special Tax shall be collected in the same manne r as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Treasurer-Tax Collector of the County of San Diego is hereby authorized to deduct reasonable administrative costs incurred in collecting any said Special Tax.

Any Special Taxes that may not be collected on the County of San Diego (“County”) tax roll shall be 45 Item7.
collected through a direct billing procedure by the Treasurer of the City of Escondido, or his/her designee, acting for and on behalf of the District.

6. That the County Auditor shall then, at the close of the tax collection period, promptly render to the Distri ct a detailed report showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.

46 Item7.

City of Escondido - CFD 2000-01 (Hidden Trails) - Fund No. 6038-42 (Refunded in July 2013) Estimated Special Tax Requirement
Projected Actual Fiscal Year 2025/26:
1 Fund Balances
Fiscal Year 2026/27
Proposed 7/8/2026
City to Reviewed and Provided
Needs further action
Source:

Special Tax Fund: (city #1001 ) 202,779.82 City Date: 6/25/2026 Bond Fund #495895 22.44 Trustee Date - 06/30/2026
Debt Service #495896 0.29 Trustee Date - 06/30/2026
Cost of Issuance #495901 0.00 >
Fund Balances: $202,802.55
2 Current Year Requirements:

Debt Service
Interest Due: 9/1/2026 23,646.88 BNY DS Sched Dated 4.14.2016 (6.22.20 BNY Email) Principal Due: 9/1/2026 145,000.00 BNY DS Sched Dated 4.14.2016 (6.22.20 BNY Email) Total Principal and Interest Due from Current Balances: $168,646.88 Ability to make September Debt Service Payment: Yes
Administrative Expenses
City Staff Charges - FY 2025/26 0.00 Staff charges already reimbursed Consulting Administrative Invoices - FY 2025/26 2,318.57 SDFA Invoice 17268 Current Fiscal Year Administrative Costs not yet Funded $2,318.57 3 Projected Ending Balance - (available funds) - June 30, 2026: $31,837.10 (Deficit) / Surplus - flows to budget fiscal year Budget / Levy Requirement Fiscal Year 2026/27:
1 Fund Balances (Surplus / Deficit) ($31,837.10) Excess projected at prior fiscal year end Cashflow Requirements $12,850.00 Expenses due prior to receipt of funds 2 Debt Service Requirements
Interest Due: 3/1/2027 20,384.38 BNY DS Sched Dated 4.14.2016 (6.22.20 BNY Email) Interest Due: 9/1/2027 20,384.38 BNY DS Sched Dated 4.14.2016 (6.22.20 BNY Email) Principal Due: 9/1/2027 155,000.00 BNY DS Sched Dated 4.14.2016 (6.22.20 BNY Email) Total Principal and Interest Due for 2026/27 Levy: $195,768.76 Total 3 No Reserve Fund...covered by Surety Bond.
4 Administrative Requirements
1 Periodic Costs on the Bonds 0.00
2 CFD Administrative Expense Estimate
Fiscal Agent Fees 2,100.00 City Date: 06/25/2026
Administrative Fees 6,750.00 SDFA Estimate - June 2026
Attorney's Fees 500.00 City Date: 06/25/2026
Delinquency Monitoring 1,500.00 SDFA Estimate - June 2026 County Fees 29.00 SDFA Estimate - June 2026
City Staff Charges FY 2024/25 8,790.00 City Date: 06/25/2026 *Arbitrage Rebate Calculation Fees 0.00 Verify
Continuing Disclosure Fees 2,500.00 SDFA Estimate - June 2026 Contingency 3,703.13 Currently backed into with current year admin req **Total Estimated Administrative Requirement $25,872.13 * No Arbitrage Fees...NOT required per City email 11.13.17 & 9.19.19 ** Admin Expense Req. escalates at 2% each bond yr.

Administrative Expense Fund Balance 0.00 City Date: (included in Fund Balance) Total Administrative Funds Available $0.00 N/A per City. 5 Levy Requirement Fiscal Year 2025/26 $202,653.79 SDFA to Calculate 6 Calculation of Undeveloped Requirement:

Developed Special Tax Revenue $202,653.79 SDFA to Calculate Undeveloped Requirement (Built out as of June 1, 2004) $0.00 Total Requirement $202,653.79 SDFA to Calculate
7 Proposed Actual Levy:

Total Levy Proposed Final $202,651.28 SDFA to Calculate $2.51 SDFA to Calculate Difference to ivy Levy
City Initials:__. NA
DATE: 7/8/2026

Page 1 of 1 ends

Resolution No. 2026-121
Exhibit "A"

Page 1 of 1 ends

Item7.

Attachment "1"
Description $ %
Beginning Balance (07/01) $194,157.74 $202,150.75 $200,486.49 Revenue
Special Taxes 206,671.28 205,416.29
Interest 4,092.24 2,258.52
$210,763.52 $207,674.81 $0.00
Expenditures
Cost of Bonded Indebtedness:

Interest Due 09/01 Reported Fiscal Year 9/1/2024 29,471.88 9/1/2025 26,709.38 9/1/2026 23,646.88 Principal Due 09/01 Reported Fiscal Year 9/1/2024 130,000.00 9/1/2025 140,000.00 9/1/2026 145,000.00 Interest Due 03/01 Reported Fiscal Year 3/1/2025 26,709.38 3/1/2026 23,646.88 3/1/2027 20,384.38 Interest Due 09/01 Pending Year Obligation 9/1/2027 20,384.38 Principal Due 09/01 Pending year Obligation 9/1/2027 155,000.00 Total Principal and Interest Due from Annual Levy $186,181.26 $190,356.26 364,415.64 Cost of Collection (Proposed Fiscal Year Shown at Maximum) 16,589.25 18,982.81 25,872.13 Available Cash Account Balances to Reduce Levy - - 12,850.00 $16,589.25 $18,982.81 $38,722.13
Total Annual Expenditures 202,770.51 209,339.07 403,137.77 Ending Balance (6/30) 202,150.75 200,486.49 (202,651.28) Calculated Annual Special Tax Requirement $206,035.96 $205,365.00 $202,651.28 Approved / Proposed Levy as Allocated among 290 Parcels $206,035.96 $205,365.00 $202,651.28 ($2,713.72) -1.32% Average Levy per Dwelling Unit $710.47 $708.16 $698.80 ($9.36) -1.32% City of Escondido CFD 2000-01 (Hidden Trails)
Special Tax Levy Comparative Analysis (Fund 1727)
Tax Year 2026-27
Actuals
FY 2024-25
Estimated
Actuals
FY 2025-26
Proposed /
Budget
FY 2026-27
Change from Prior Year
48 Item7.

STAFF REPORT

July 29, 2026
File Number 0685-10

SUBJECT
SETTING SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2020-2 (The Villages)

DEPARTMENT
Finance

RECOMMENDATION
Request the City Council adopt Resolution 202 6-123, setting the Special Tax Levy for Community Facilities District No. 2020-2 (The Villages) (The “District”) for Fiscal Year 2026/27 Staff Recommendation: Approval (Finance: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance

FISCAL ANALYSIS
A Special Tax is levied annually on land within Community Facilities District No. 2020-2 (The Villages) and collected through the County of San Diego Treasurer -Tax Collector’s Office. The funds from the Special Tax are used to meet debt service obligations from the issuance of bonds and pay administrative expenses for the District.

PREVIOUS ACTION
The Villages Project was approved by the City Council on November 15, 2017.

On May 1 3, 2020, the City Council adopted Resolution No. 2020 -45 approving the establishment of Community Facilities District No. 2020 -2 (The Villages) and authorizing the Council to annually adopt a resolution setting the Special Tax Levy.

On July 23, 202 5, the City Council adopted Resolution No. 202 5-98, setting the Special Tax Levy for Community Facilities District No. 2020 -2 (The Villages) for Fiscal Year 2025/26 on 380 developed lots located in The Villages Project

owners to finance the acquisition, construction and maintenance of certain public capital facilities, and/or to cover the related cost of ongoing services.

CFD No. 2020-2 was formed on May 13, 2020, to fund the public facilities fees associated with the Villages Project (“Project”), a development that includes 380 residential homes; recreational, social, and community amenities in a Village Center; and approximately 48.9 acres of permanent open space with active greenbelts and 3.5 acres of parks. On June 29, 2022, Special Tax Bonds of $11,945,000 were issued.

Total outstanding principal on the bonds as of July 1, 20 26 is $11,845,000 and the bonds mature on September 1, 2052.

A Maximum Special Tax Rate was established for develo ped residential property and undeveloped property. The amount of the Maximum Special Tax Rates and Proposed Actual Special Tax Rates for Fiscal Year 2026/27 are attached as Exhibit “A” to Resolution No. 2026 -123. The Special Taxes received by the City will be deposited to a separate fund held by the Bank of New York, acting as Trustee, to be used for annual administrative expenses and fund the authorized facilities or future bond debt service payments.

A comparative analysis of the annual Special Tax Le vy Calculation for FY202 6/27 is presented on Attachment A. As noted in the analysis, the FY 2026/27 Special Tax Levy requirement increased from $669,473.33 by 7.29% in the amount of $48,819.14 or an average of $128.47 per parcel.

The delinquency contingency provision for the FY 202 6/27 levy calculation is $ 5437.76 This is based on the actual FY 2025/26 2nd installment delinquent summary date 5/5/2026.

RESOLUTIONS
a. Resolution 2026-123
b. Resolution No. 2026-123 Exhibit “A” CFD 2020-2 (The Villages) Special Tax Rates

ATTACHMENTS
a. Attachment “1” - CFD 2020-01 (The Villages) Special Tax Levy Comparative Analysis

50 Item8.

RESOLUTION NO. 2026-123

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, ACTING AS LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2020-2
(THE VILLAGES), PROVIDING FOR THE LEVY OF AN

ANNUAL SPECIAL TAX FOR SUCH COMMUNITY
FACILITIES DISTRICT FOR FISCAL YEAR 2026-27

WHEREAS, the City Council of the City of Escondido , C alifornia (the “Legislative Body”), has initiated proceedings, held a public hearing, conducted an election , and received a favorable vote from the quali fied electors to authorize the levy of a Special T ax in a Community Facilities D istrict, all as authorized pursuant to the terms and provisions of the “Mello -Roos Community Facilities Act of 1982 ,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”).

This Community Facilities District is designated as Community Facilities District No. 2020-2 (The Villages) (the “District”); and
WHEREAS, this Legislative Body, by the adoption of the Ordinance No. 2020-11 (the “Ordinance”) pursuant to Section 53340 of the Government Code of the State of California, has authorized the levy of Special Taxes (as such term is defined in the Ordinance) within the District to finance authorized facilities; and
WHEREAS, Government Code Section 53340 provides that this legislative body may provide, by resolution, for the levy of the Special Taxes in the current tax year at the same rates or at a lower rate than the indexed rates provided for in the Ordinance, if such resolution is adopted and a certified list of all parcels subject to the Special Tax levy including the amount of the Special Tax to be levied on each parcel for the current tax year (the “Certified Parcel List”) is timely filed by the clerk or other official designated by this legislative body with the Auditor of the County of San Diego (the “County Auditor”) on or before August 10 of the applicable tax year.
51 Item8.

NOW, THEREFORE, BE IT RESOLVED by the City Coun cil of the City of Escondido, acting as the legislative body of Community Facilities District No. 2020-2 (The Villages), as follows:

1. That the above recitations are true.

4. That th e Special Tax shall be collected in the same manner a s ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Treasurer-Tax Collector of the County of San Diego is hereby authorized to deduct reasonable administrative costs incurred in collecting any said Special Tax.

Any Special Taxes that may not be collected on the County of San Diego (“County”) tax roll shall be 52 Item8.
collected through a direct billing procedure by the Treasurer of the City of Escondido, or his/her designee acting for and on behalf of the District.

6. That the County Auditor shall then, at the close of the tax collection period, promptly render to the District a detailed re port showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.

53 Item8.

City of Escondido CFD 2020-2 - Fund No. 6038-62
Estimated Special Tax Requirement (Special Tax Bonds issued July 2022) Projected Actual Fiscal Year 2025/26:

Fiscal Year 2026/27
Proposed 07/14/2026
City to Review and Provide
SDFA to calculate once above provided
1 Fund Balances Source:

Special Tax Fund: (City - Acct #1001) 383,074.75 City Date: 06/25/2026 Bond Service Fund:

Debt Service Account (Acct #238487) 8,153.38 Trustee: 6/30/26 BNY Surplus Fund (Acct #238491) 0.00 Trustee: 6/30/26 BNY
Administrative Expense Fund Balance 0.00 Trustee: 6/30/26 BNY Fund Balances: $391,228.13
2 Current Year Requirements:

Debt Service
Interest Due: 9/1/2026 (2022 STRB) 296,125.00 Final Pricing Memorandum / OS dated July 2022 Principal Due: 9/1/2026 (2022 STRB) 65,000.00 Final Pricing Memorandum / OS dated July 2022 Total Principal and Interest Due from Current Balances: $361,125.00 Ability to make September Debt Service Payment: Yes
Administrative Expenses
City Staff Charges - FY 2025/26 0.00 City Date: 06/25/2026 Consulting Administrative Invoices - FY 2025/26 1,687.65 Invoice 17270 Cashflow for Expenses Incurred Prior to January 11,550.00 SDFA Estimate - May 2026 Current Fiscal Year Administrative Costs not yet Funded $13,237.65 3 Projected Ending Balance - (available funds) - June 30, 2026: $16,865.48 (Deficit) / Surplus - flows to budget fiscal year Budget / Levy Requirement Fiscal Year 2026/27:
1 Fund Balances ($16,865.48) (Surplus)/Deficit; Reduction to Levy Requirement 2 Debt Service Requirements
Interest Due: 3/1/2027 (2022 STRB) 294,500.00 Final Pricing Memorandum / OS dated July 2022 Interest Due: 9/1/2027 (2022 STRB) 294,500.00 Final Pricing Memorandum / OS dated July 2022 Principal Due: 9/1/2027 (2022 STRB) 80,000.00 Final Pricing Memorandum / OS dated July 2022 Total Principal and Interest Due for 2026-27 Levy: $669,000.00 3 Reserve Fund Requirement: the lesser of the below
10% of original principal static 1,194,500.00
125% of average annual changes 1,080,781.25
Max debt service changes 1,097,250.00
Initial Deposit static 1,041,636.30
Reserve Fund Requirement as of Sept 1, 2027 (for levy 2026/27) $1,04 1,636.30 Balance $1,071,180.56 Trustee: 6/30/26 BNY
Requirement $0.00
4 Administrative Requirements
4 Periodic Costs on the Bonds 0.00
2 CFD Administrative Expense Estimate
Fiscal Agent Fees (BNY) 4,800.00 City Date: 06/25/2026
Administrative Fees 7,500.00 SDFA Estimate - May 2026
Attorney's Fees 500,00 City Date: 06/25/2026
Delinquency Recovery Fees 1,500.00 SDFA Estimate - May 2026 County Fees 38.00 SDFA Estimate - May 2026
City Staff Charges (used words in email) 38,560.00 City Date: 06/25/2026 *Arbitrage Rebate Calculation Fees (Annual Calcs.) 2,250.00 City needs to request report be prepared Continuing Disclosure Fees 2,500.00 SDFA Estimate - May 2026 Contingency 6,076.44 Currently backed into with current year admin req *“Total CFD Administrative Expense Requirement 60,724.44 * appears annual reports are required. Ask Staff if report has been completed, or if they would like SDFA to provide services.
** Admin Expenses Requirement STRB 2022 OS Escalates 2% each bond yr. 5 Subtotal Requirement 2026/27
Contingency for Delinquency** 0.76%
** FY 2025/26 2nd Installment Deling. Summary
6 Levy Requirement Fiscal Year 2026/27
7 Calculation of Undeveloped Requirement:

Developed Special Tax Revenue (Maximum Assigned)
Undeveloped Requirement (Built out as of 2023)
Total Undeveloped Requirement
8 Proposed Actual Levy:

Total Developed Levy
Difference to Required Levy
\ '
CITY INITIALS: pm
DATE: 7/14/2026 Page 1 of 1
$712,858.96
$5,437.76 SDFA to Calculate
$718,296.72 SDFA to Calculate
$922,489.19 SDFA Calculated - Max Levy 26-27
NA
NA
$718,292.58 SDFA to Calculate
($4.14) SDFA to Calculate
Resolution No. 2026-123
Exhibit "A"

Page 1 of 1 ends

54 Item8.

Description $ %
Beginning Balance (07/01) $1,459,581.23 $1,450,482.65 $1,431,180.92 Revenue
Special Taxes 661,486.63 675,962.36
Interest 9,034.29 3,931.33
$670,520.92 $679,893.69 $0.00
Expenditures
Cost of Bonded Indebtedness:

Interest Due 09/01 Reported Fiscal Year 9/1/2024 298,125.00 9/1/2025 297,250.00 9/1/2026 296,125.00 Principal Due 09/01 Reported Fiscal Year 9/1/2024 35,000.00 9/1/2025 45,000.00 9/1/2026 65,000.00 Interest Due 03/01 Reported Fiscal Year 3/1/2025 297,250.00 3/1/2026 296,125.00 3/1/2027 294,500.00 Interest Due 09/01 Pending Year Obligation 9/1/2027 294,500.00 Principal Due 09/01 Pending year Obligation 9/1/2027 80,000.00 Total Principal and Interest Due from Annual Levy 630,375.00 638,375.00 $1,030,125.00 Cost of Collection (Proposed Fiscal Year Shown at Maximum) 45,083.00 60,820.42 60,724.44 Available Cash Account Balances to Reduce Levy 11,550.00 Contingency for Delinquency (Proposed Current Year Only) 5,437.76 $45,083.00 $60,820.42 $77,712.20
Total Annual Expenditures 675,458.00 699,195.42 1,107,837.20 Ending Balance (6/30) 1,454,644.15 1,431,180.92 323,343.72 Reserve Fund Requirement 1,041,636.30 1,041,636.30 1,041,636.30 Calculated Annual Special Tax Requirement $652,221.56 $669,473.44 ($718,292.58) Approved / Proposed Levy as Allocated among 380 Parcels $652,221.56 $669,473.44 $718,292.58 $48,819.14 7.29% Average Levy per Dwelling Unit $1,716.37 $1,761.77 $1,890.24 $128.47 7.29% Change from Prior Year
Actuals
FY 2024-25
Estimated
Actuals
FY 2025-26
Proposed /
Budget
FY 2026-27
Attachment "1"
City of Escondido CFD 2020-02 (The Villages)
Special Tax Levy Comparative Analysis (Fund 1730)
Tax Year 2026-27
55 Item8.

STAFF REPORT

July 29, 2026
File Number 0480-40; 0440-35

SUBJECT

ESTABLISHING THE PROPERTY TAX RATE AND FIXED CHARGE ASSESSMENTS FOR GENERAL

OBLIGATION BONDED INDEBTEDNESS

DEPARTMENT
Finance

RECOMMENDATION
It is requested that the City Council adopt Resolution No. 2026-125 to establish the property tax rate and fixed charge assessments for bonded indebtedness for Fiscal Year 2026/27.

Staff Recommendation: Approval (Finance: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
ESSENTIAL SERVICE – Internal Requirement, Debt Repayment COUNCIL PRIORITY – Internal Requirement, Debt Repayment

FISCAL ANALYSIS
A total of $ 4,857,000 will be needed for the annual debt service payments for the General Obligation Bonds. This represents $948,750 due in March 2027 and $3,908,750 due in September 2027.

PREVIOUS ACTION
The City Council certified the results of the November 2, 2004, election approving Proposition P on December 1, 2004. On July 12, 2006, the City Council authorized the issuance and sale of the General Obligation Bonds. The Bonds provided financing for the construction of three new fire stations, a replacement of Fire Station 1, and a combined Police and Fire Headquarters Facility.

The City of Escondido General Obligation Bonds, Election of 2004, Series A (Fire, Police, and Emergency Response Measure) were refunded on June 9, 2015 by the issuance of the General Obligation Refunding Bonds Series 2015. The Bonds mature on September 1, 2036 . Prior year’s Resolution No. 2025-125 was adopted on July 23, 2025.

56 Item9.

BACKGROUND
General Obligation Bonds are secured by the legal obligation to levy an ad valorem property tax upon taxable property within the City in an amount sufficient to pay the yearly debt service (principal and interest) payment. The debt service payment for March 2027 is $948,750 and the debt service payment for September 2027 is $3,908,750. The City is required to set a tax rate to meet these financial obligations.

The assessed value for property in Escondido is used as the basis for applying the levy to taxa ble properties.

The starting point for calculating the property tax levy is the current year taxable assessed value. To this assessed value amount, a delinquency factor is applied. The City’s fiscal year 2025/26 delinquency rates for secured and unsecured property are estimated to be 2.52 percent and 2.93 percent, respectively, and the five-year average delinquency rates were 2.54 percent and 2.35 percent.

For Fiscal Year 2026/27, the City has used a 3 percent delinquency factor in calculating the property tax rate for both secured and unsecured property. The delinquency factors used in calculation of the property tax rate for the past five tax years 2021/22 to 2025/26 was 3.0 percent for all five years.

% Increase
(Decrease)
Description FY 2025/26 FY 2026/27 in Valuation

Secured Assessed Valuation $22,570,922,477.00 $23,756,983,477.00 Less Delinquency Factor (677,127,674.31)

(712,709,504.31)

Net Collectible Secured 21,893,794,802.69

23,044,273,972.69

5.25%
Unsecured Assessed Valuation 787,387,559.00 795,366,720.00

Less Delinquency Factor (23,621,626.77) (23,861,001.60)

Net Collectible Unsecured 763,765,932.23

771,505,718.40

1.01%
TOTAL ALL NET COLLECTIBLE $22,657,560,734.92 $23,815,779,691.09

5.11%

57 Item9.

The County of San Diego has provided to the City the estimated 202 6/27 Fiscal Year assessed valuations to be used for the tax rate computation. A two -year comparison of the City’s secured and unsecured assessed valuations, as adjusted by the applicable an nual delinquency factor, is shown below. The net collectible assessed valuations increased by approximately 5.11 percent. This increase in net collectible assessed value will cause a decrease in the calculated property tax rate for fiscal year 2026/27.

In order to collect the required debt service, the property tax rate will be set at 0.0 1616 per $100 of assessed value. This represents $14.63 per $100,000 of assessed value, resulting in a decrease of $ 1.53 when compared to last year’s property tax rate of $16.16.

RESOLUTIONS
a. Resolution No. 2026-125
b. Resolution No. 202 6-125 Exhibit “A” Certificate and Calculation of Property Tax Rate for fiscal year 2026/27

ATTACHMENTS
a. Attachment “1” - General Obligation Refunding Bonds, Series 2015 58 Item9.

RESOLUTION NO. 2026-125

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, ESTABLISHING THE PROPERTY

TAX RATE AND FIXED CHARGE ASSESSMENTS FOR
BONDED INDEBTEDNESS FOR FISCAL YEAR 2026/27
WHEREAS, the City Council of the City of Escondido desires to establish the rate of property tax required to generate an amount of revenue from the tax base to provide sufficient moneys to pay debt service on the voter approved bonded indebtedness payable during the fiscal year ending June 30, 2026; and
WHEREAS, the total net taxable secured assessed valuation of the City of Escondido is now estimated at $23,756,983,477 full value; and
WHEREAS, the total net taxable unsecured assessed valuation of the City of Escondido is now estimated at $795,366,720 full value; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, as follows:

1. That the above recitations are true.

2. That the property tax rate within the City for the City of Escondido General Obligation Refunding Bonds, Series 2015 (Fire, Police, and Emergency Response Measure) for the fiscal year ending June 30, 2027, be and hereby is established at $0.01463 per $100 assessed value.

3. That the City Manager and the Director of Finance are each hereby directed and authorized to take any and all actions necessary to ensure that such property tax rate is enrolled with the County of San Diego Auditor & Controller, including, but not limited to, filing the Tax Amount Rate Certificate attached hereto as Exhibit “A” and is incorporated by this reference. 59 Item9.

Resolution No. 2026-125
Exhibit "A"

Page 1 of 1 ends

Delinquency FY 26-27
Rate at Tax Rate

3.00% Calculation
Resources Required:

Annual Debt Service Payments:

March 2027 948,750.00$
September 2027 3,908,750.00
Total Required 4,857,500.00$
Resources Available:

Cash as of June 30, 2026 5,166,303.19
Debt Service Payment, September 2026 (3,829,000.00)
Payment of Trustee Fees (1,575.00)
Consultant Fees (1,750.00)
Remaining Cash Resources after next Debt Service Payment 1,333,978.19 FY 25-26 Property Tax Revenue Apportionment #12,
not yet recorded in G/L (estimated) 26,729.75
Total Resources Available for FY 26-27 Debt Service Payments 1,360,707.94 Net FY 26-27 Tax Revenues needed for Debt Service Requirement 3,496,792.06 Unsecured Calculation:

FY 26-27 Taxable Unsecured Assessed Valuation for the City - without Homeowners Exemptions 795,366,720.00
Delinquency Factor (23,861,001.60)
Estimated Net Collectible Unsecured Asssessed Valuation 771,505,718.40 FY 25-26 Tax Rate Per $100 of Net Assessed Value 0.016160 Total Unsecured times Tax Rate divided by $100 124,675.32 Total Remaining FY 26-27 Debt Service Coverage Requirement to be Levied against Secured Property 3,372,116.74$
Secured Calculation:

FY 26-27 Taxable Secured Assessed Valuation for the City - without Homeowners Exemptions 23,756,983,477.00
Delinquency Factor (712,709,504.31)
Estimated Net Collectible Secured Asssessed Valuation 23,044,273,972.69 Net FY 26-27 Collectible Taxable Secured Assessed Valuation divided by $100 $230,442,739.73
FY 26-27 Tax Rate per $100 of Net Assessed Value 0.01463 City of Escondido
General Obligation Refunding Bonds, Series 2015
Calculation of Debt Service Requirements
Description
Fiscal Year 2026-27
60 Item9.
5-year
Average
Delinquency
Description 2021-22 2022-23 2023-24 2024-25 2025-26 Rate Current Secured:

Total Receivables 3,677,247.64$ 3,809,994.08$ 3,636,943.70$ 3,506,574.08$ 3,649,705.35$ Collections 3,637,650.28 3,696,523.01 3,510,938.27 3,412,551.75 3,557,762.22 Remaining Receivables 39,597.36$ 113,471.07$ 126,005.43$ 94,022.33$ 91,943.13$ Current Secured Delinquency Rate 1.08% 2.98% 3.46% 2.68% 2.52% 2.54% Current Unsecured:

Total Receivables 110,456.55$ 117,160.91$ 140,690.51$ 124,824.50$ 138,490.09$ Collections 106,665.93 115,050.91 137,892.21 122,809.31 134,431.97 Remaining Receivables 3,790.62$ 2,110.00$ 2,798.30$ 2,015.19$ 4,058.12$ Current Unsecured Delinquency Rate 3.43% 1.80% 1.99% 1.61% 2.93% 2.35% Source: Delinquency rate information obtained from the final fiscal year end County of San Diego Tax Revenue Apportionment Reports (07-21-26) for the Escondido City Public Safety Facilities Improvement Refunding Bond, Tax Fund # 6038-60.

City of Escondido
General Obligation Refunding Bonds, Series 2015
Calculation for FY 2025-26 Debt Service Requirements

DELINQUENCY RATE ANALYSIS
Fiscal Year
C:\Users\MeetingsOfficeUser18\AppData\Local\Temp\tmpC3E3.tmp 7/20/2026 @ 7:13 PM Attachment "1"
61 Item9.
5-year
Average
Delinquency
Description 2020-21 2021-22 2022-23 2023-24 2024-25 Rate Current Secured:

Total Receivables 3,940,738.51$ 3,677,247.64$ 3,809,994.08$ 3,636,943.70$ 3,506,574.08$ Collections 3,909,063.90 3,637,650.28 3,696,523.01 3,510,938.27 3,412,551.75 Remaining Receivables 31,674.61$ 39,597.36$ 113,471.07$ 126,005.43$ 94,022.33$ Current Secured Delinquency Rate 0.80% 1.08% 2.98% 3.46% 2.68% 2.20% Current Unsecured:

Total Receivables 140,634.51$ 110,456.55$ 117,160.91$ 140,690.51$ 124,824.50$ Collections 134,300.98 106,665.93 115,050.91 137,892.21 122,809.31 Remaining Receivables 6,333.53$ 3,790.62$ 2,110.00$ 2,798.30$ 2,015.19$ Current Unsecured Delinquency Rate 4.50% 3.43% 1.80% 1.99% 1.61% 2.67% Source: Delinquency rate information obtained from the final fiscal year end County of San Diego Tax Revenue Apportionment Reports (07-19-24) for the Escondido City Public Safety Facilities Improvement Refunding Bond, Tax Fund # 6038-60.

City of Escondido
General Obligation Refunding Bonds, Series 2015
Calculation for FY 2024-25 Debt Service Requirements

DELINQUENCY RATE ANALYSIS
Fiscal Year
C:\Users\MeetingsOfficeUser18\AppData\Local\Temp\tmpC3E3.tmp 7/20/2026 @ 7:13 PM Attachment "1"
62 Item9.
5-year
Average
Delinquency
Description 2019-20 2020-21 2021-22 2022-23 2023-24 Rate Current Secured:

Total Receivables 3,852,549.52$ 3,940,738.51$ 3,677,247.64$ 3,809,994.08$ 3,615,763.87$ Collections 3,798,989.91 3,909,063.90 3,637,650.28 3,696,523.01 3,510,938.27 Remaining Receivables 53,559.61$ 31,674.61$ 39,597.36$ 113,471.07$ 104,825.60$ Current Secured Delinquency Rate 1.39% 0.80% 1.08% 2.98% 2.90% 1.83% Current Unsecured:

Total Receivables 139,091.35$ 140,634.51$ 110,456.55$ 117,160.91$ 140,690.51$ Collections 137,352.08 134,300.98 106,665.93 115,050.91 137,892.21 Remaining Receivables 1,739.27$ 6,333.53$ 3,790.62$ 2,110.00$ 2,798.30$ Current Unsecured Delinquency Rate 1.25% 4.50% 3.43% 1.80% 1.99% 2.59% Source: Delinquency rate information obtained from the final fiscal year end County of San Diego Tax Revenue Apportionment Reports (07-19-24) for the Escondido City Public Safety Facilities Improvement Refunding Bond, Tax Fund # 6038-60.

City of Escondido
General Obligation Refunding Bonds, Series 2015
Calculation for FY 2023-24 Debt Service Requirements

DELINQUENCY RATE ANALYSIS
Fiscal Year
C:\Users\MeetingsOfficeUser18\AppData\Local\Temp\tmpC3E3.tmp 7/20/2026 @ 7:13 PM Attachment "1"
63 Item9.
5-year
Average
Delinquency
Description 2018-19 2019-20 2020-21 2021-22 2022-23 Rate Current Secured:

Total Receivables 3,923,845.79$ 3,852,549.52$ 3,945,294.02$ 3,677,007.94$ 3,739,777.69$ Collections 3,892,015.01 3,798,989.91 3,909,063.90 3,637,650.28 3,696,523.01 Remaining Receivables 31,830.78$ 53,559.61$ 36,230.12$ 39,357.66$ 43,254.68$ Current Secured Delinquency Rate 0.81% 1.39% 0.92% 1.07% 1.16% 1.07% Current Unsecured:

Total Receivables 145,290.36$ 139,091.35$ 139,020.98$ 107,461.11$ 115,853.49$ Collections 143,179.91 137,352.08 134,300.98 106,665.93 115,050.91 Remaining Receivables 2,110.45$ 1,739.27$ 4,720.00$ 795.18$ 802.58$ Current Unsecured Delinquency Rate 1.45% 1.25% 3.40% 0.74% 0.69% 1.51% Source: Delinquency rate information obtained from the final fiscal year end County of San Diego Tax Revenue Apportionment Reports (07-17-22) .

City of Escondido
General Obligation Refunding Bonds, Series 2015
Calculation for FY 2022-23 Debt Service Requirements

DELINQUENCY RATE ANALYSIS
Fiscal Year
C:\Users\MeetingsOfficeUser18\AppData\Local\Temp\tmpC3E3.tmp 7/20/2026 @ 7:13 PM Attachment "1"
64 Item9.
5-year
Average
Delinquency
Description 2017-18 2018-19 2019-20 2020-21 2021-22 Rate Current Secured:

Total Receivables 3,930,430.07$ 3,923,845.79$ 3,852,549.52$ 3,945,294.02$ 3,677,007.94$ Collections 3,902,317.00 3,892,015.01 3,798,989.91 3,909,063.90 3,637,650.28 Remaining Receivables 28,113.07$ 31,830.78$ 53,559.61$ 36,230.12$ 39,357.66$ Current Secured Delinquency Rate 0.72% 0.81% 1.39% 0.92% 1.07% 0.98% Current Unsecured:

Total Receivables 140,944.70$ 145,290.36$ 139,091.35$ 139,020.98$ 107,461.11$ Collections 138,774.46 143,179.91 137,352.08 134,300.98 106,665.93 Remaining Receivables 2,170.24$ 2,110.45$ 1,739.27$ 4,720.00$ 795.18$ Current Unsecured Delinquency Rate 1.54% 1.45% 1.25% 3.40% 0.74% 1.68% Source: Delinquency rate information obtained from the final fiscal year end County of San Diego Tax Revenue Apportionment Reports (07-21-22) for the Escondido City Public Safety Facilities Improvement Refunding Bond, Tax Fund # 6038-60.

City of Escondido
General Obligation Refunding Bonds, Series 2015
Calculation for FY 2021-22 Debt Service Requirements

DELINQUENCY RATE ANALYSIS
Fiscal Year
C:\Users\MeetingsOfficeUser18\AppData\Local\Temp\tmpC3E3.tmp 7/20/2026 @ 7:13 PM Attachment "1"
65 Item9.
5-year
Average
Delinquency
Description 2016-17 2017-18 2018-19 2019-20 2020-21 Rate Current Secured:

Total Receivables 3,962,456.15$ 3,930,430.07$ 3,923,845.79$ 3,852,549.52$ 3,945,294.02$ Collections 3,915,768.55 3,902,317.00 3,892,015.01 3,798,989.91 3,925,414.26 * Remaining Receivables 46,687.60$ 28,113.07$ 31,830.78$ 53,559.61$ 19,879.76$ Current Secured Delinquency Rate 1.18% 0.72% 0.81% 1.39% 0.50% 0.92% Current Unsecured:

Total Receivables 153,780.77$ 140,944.70$ 145,290.36$ 139,091.35$ 139,020.98$ Collections 149,723.59 138,774.46 143,179.91 137,352.08 135,992.76 * Remaining Receivables 4,057.18$ 2,170.24$ 2,110.45$ 1,739.27$ 3,028.22$ Current Unsecured Delinquency Rate 2.64% 1.54% 1.45% 1.25% 2.18% 1.81% *(estimated Collections by adding current collections plus 3 year avg of apt 12) Source: Delinquency rate information obtained from the final fiscal year end County of San Diego Tax Revenue Apportionment Reports (07-19-19) for the Escondido City Public Safety Facilities Improvement Refunding Bond, Tax Fund # 6038-60.

City of Escondido
General Obligation Refunding Bonds, Series 2015
Calculation for FY 2020-21 Debt Service Requirements

DELINQUENCY RATE ANALYSIS
Fiscal Year
C:\Users\MeetingsOfficeUser18\AppData\Local\Temp\tmpC3E3.tmp 7/20/2026 @ 7:13 PM Attachment "1"
66 Item9.
5-year
Average
Delinquency
Description 2015-16 2016-17 2017-18 2018-19 2019-20 Rate Current Secured:

Total Receivables 3,917,871.88$ 3,962,456.15$ 3,930,430.07$ 3,923,845.79$ 3,852,549.52$ Collections 3,893,028.42 3,915,768.55 3,902,317.00 3,892,015.01 3,798,989.91 Remaining Receivables 24,843.46$ 46,687.60$ 28,113.07$ 31,830.78$ 53,559.61$ Current Secured Delinquency Rate 0.63% 1.18% 0.72% 0.81% 1.39% 0.95% Current Unsecured:

Total Receivables 181,393.62$ 153,780.77$ 140,944.70$ 145,290.36$ 139,091.35$ Collections 178,518.81 149,723.59 138,774.46 143,179.91 137,352.08 Remaining Receivables 2,874.81$ 4,057.18$ 2,170.24$ 2,110.45$ 1,739.27$ Current Unsecured Delinquency Rate 1.58% 2.64% 1.54% 1.45% 1.25% 1.69% Source: Delinquency rate information obtained from the final fiscal year end County of San Diego Tax Revenue Apportionment Reports (07-19-19) for the Escondido City Public Safety Facilities Improvement Refunding Bond, Tax Fund # 6038-60.

City of Escondido
General Obligation Refunding Bonds, Series 2015
Calculation for FY 2019-20 Debt Service Requirements

DELINQUENCY RATE ANALYSIS
Fiscal Year
C:\Users\MeetingsOfficeUser18\AppData\Local\Temp\tmpC3E3.tmp 7/20/2026 @ 7:13 PM Attachment "1"
67 Item9.
5-year
Average
Delinquency
Description 2014-15 2015-16 2016-17 2017-18 2018-19 Rate Current Secured:

Total Receivables 4,393,530.29$ 3,917,871.88$ 3,962,456.15$ 3,930,430.07$ 3,923,845.79$ Collections 4,359,784.34 3,893,028.42 3,915,768.55 3,902,317.00 3,892,015.01 Remaining Receivables 33,745.95$ 24,843.46$ 46,687.60$ 28,113.07$ 31,830.78$ Current Secured Delinquency Rate 0.77% 0.63% 1.18% 0.72% 0.81% 0.82% Current Unsecured:

Total Receivables 179,402.30$ 181,393.62$ 153,780.77$ 140,944.70$ 145,290.36$ Collections 176,637.89 178,518.81 149,723.59 138,774.46 143,179.91 Remaining Receivables 2,764.41$ 2,874.81$ 4,057.18$ 2,170.24$ 2,110.45$ Current Unsecured Delinquency Rate 1.54% 1.58% 2.64% 1.54% 1.45% 1.75% Source: Delinquency rate information obtained from the final fiscal year end County of San Diego Tax Revenue Apportionment Reports (07-19-19) for the Escondido City Public Safety Facilities Improvement Refunding Bond, Tax Fund # 6038-60.

City of Escondido
General Obligation Refunding Bonds, Series 2015
Calculation for FY 2018-19 Debt Service Requirements

DELINQUENCY RATE ANALYSIS
Fiscal Year
C:\Users\MeetingsOfficeUser18\AppData\Local\Temp\tmpC3E3.tmp 7/20/2026 @ 7:13 PM Attachment "1"
68 Item9.
5-year
Average
Delinquency
Description 2013-14 2014-15 2015-16 2016-17 2017-18 Rate Current Secured:

Total Receivables 4,345,615.22$ 4,393,530.29$ 3,917,871.88$ 3,962,456.15$ 3,930,430.07$ Collections 4,303,768.14 4,359,784.34 3,893,028.42 3,915,768.55 3,902,317.00 Remaining Receivables 41,847.08$ 33,745.95$ 24,843.46$ 46,687.60$ 28,113.07$ Current Secured Delinquency Rate 0.96% 0.77% 0.63% 1.18% 0.72% 0.85% Current Unsecured:

Total Receivables 185,978.29$ 179,402.30$ 181,393.62$ 153,780.77$ 140,944.70$ Collections 181,849.45 176,637.89 178,518.81 149,723.59 138,774.46 Remaining Receivables 4,128.84$ 2,764.41$ 2,874.81$ 4,057.18$ 2,170.24$ Current Unsecured Delinquency Rate 2.22% 1.54% 1.58% 2.64% 1.54% 1.90% Source: Delinquency rate information obtained from the final fiscal year end County of San Diego Tax Revenue Apportionment Reports (07-20-18) for the Escondido City Public Safety Facilities Improvement Refunding Bond, Tax Fund # 6038-60.

City of Escondido
General Obligation Refunding Bonds, Series 2015
Calculation for FY 2018-19 Debt Service Requirements

DELINQUENCY RATE ANALYSIS
Fiscal Year
C:\Users\MeetingsOfficeUser18\AppData\Local\Temp\tmpC3E3.tmp 7/20/2026 @ 7:13 PM Attachment "1"
69 Item9.

Description 2012-13 2013-14 2014-15
Current Secured:

Total Receivables 4,470,764.91$ 4,345,615.22$ 4,393,530.29$ Collections 4,428,917.36 4,303,768.14 4,359,784.34
Remaining Receivables 41,847.55$ 41,847.08$ 33,745.95$ Current Secured Delinquency Rate 0.94% 0.96% 0.77%
Current Unsecured:

Total Receivables 195,055.22$ 185,978.29$ 179,402.30$ Collections 191,370.01 181,849.45 176,637.89
Remaining Receivables 3,685.21$ 4,128.84$ 2,764.41$ Current Unsecured Delinquency Rate 1.89% 2.22% 1.54%
Source: Delinquency rate information obtained from the final fiscal year end County of San Diego Tax Revenue Apportionment Reports (07-20-17) for the Escondido City Public Safety Facilities Improvement Refunding Bond, Tax Fund # 6038-60.

City of Escondido
General Obligation Refunding Bonds, Series 2015
Calculation for FY 2017-18 Debt Service Requirements

DELINQUENCY RATE ANALYSIS
Fiscal Year
Attachment "1"
70 Item9.
5-year
Average
Delinquency
2015-16 2016-17 Rate
3,917,871.88$ 3,962,456.15$
3,893,028.42 3,915,768.55
24,843.46$ 46,687.60$

0.63% 1.18% 0.90%
181,393.62$ 153,780.77$
178,518.81 149,723.59
2,874.81$ 4,057.18$

1.58% 2.64% 1.97%
Source: Delinquency rate information obtained from the final fiscal year end County of San Diego Tax Revenue Apportionment Reports (07-20-17) City of Escondido
General Obligation Refunding Bonds, Series 2015
Calculation for FY 2017-18 Debt Service Requirements

DELINQUENCY RATE ANALYSIS
Fiscal Year
Attachment "1"
71 Item9.
5-year 8-year
Average Average
Delinquency Delinquency
Description 2011-12 2012-13 2013-14 2014-15 2015-16 Rate Rate Current Secured:

Total Receivables 4,592,702.72$ 4,470,764.91$ 4,345,615.22$ 4,393,530.29$ 3,917,871.88$ Collections 4,529,427.45 4,428,917.36 4,303,768.14 4,359,784.34 3,893,028.42 Remaining Receivables 63,275.27$ 41,847.55$ 41,847.08$ 33,745.95$ 24,843.46$ Current Secured Delinquency Rate 1.38% 0.94% 0.96% 0.77% 0.63% 0.94% 1.57% Current Unsecured:

Total Receivables 182,788.94$ 195,055.22$ 185,978.29$ 179,402.30$ 181,393.62$ Collections 178,919.18 191,370.01 181,849.45 176,637.89 178,518.81 Remaining Receivables 3,869.76$ 3,685.21$ 4,128.84$ 2,764.41$ 2,874.81$ Current Unsecured Delinquency Rate 2.12% 1.89% 2.22% 1.54% 1.58% 1.87% 2.06% Source: Delinquency rate information obtained from the final fiscal year end County of San Diego Tax Revenue Apportionment Reports (07-15-16) for the Escondido City Public Safety Facilities Improvement Refunding Bond, Tax Fund # 6038-60.

DELINQUENCY RATE ANALYSIS
Fiscal Year
City of Escondido
General Obligation Refunding Bonds, Series 2015
Calculation for FY 2016-17 Debt Service Requirements
C:\Users\MeetingsOfficeUser18\AppData\Local\Temp\tmpC3E3.tmp 7/20/2026 @ 7:13 PM Attachment "1"
72 Item9.
5-year
Average
Delinquency
Description 2011-12 2012-13 2013-14 2014-15 2015-16 Rate Current Secured:

Total Receivables 182,788.94$ 195,055.22$ 185,978.29$ 179,402.30$ 181,393.62$ Collections 178,919.18 191,370.01 181,849.45 176,637.89 178,518.81 Remaining Receivables 3,869.76$ 3,685.21$ 4,128.84$ 2,764.41$ 2,874.81$ Current Unsecured Delinquency Rate 2.12% 1.89% 2.22% 1.54% 1.58% 1.87% -0.2300% 0.3300% -0.6800% 0.0400%
Source: Delinquency rate information obtained from the final fiscal year end County of San Diego Tax Revenue Apportionment Reports (07-15-16) for the Escondido City Public Safety Facilities Improvement Refunding Bond, Tax Fund # 6038-60.

DELINQUENCY RATE ANALYSIS
7 yr 5 yr
fy 2008-09* fy 2009-10* fy 2010-11* fy 2011-12* fy 2012-13* fy 2013-14* fy 2014-15* Ave Rate Ave Rate Total 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% Current Secured Collections Rate 96.10% 97.60% 98.40% 98.60% 99.10% 99.00% 99.20% Current Secured Delinquencies 3.90% 2.40% 1.60% 1.40% 0.90% 1.00% 0.80% 1.71% 1.14% Total 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% Current Unsecured Collections Rate 97.60% 98.00% 97.30% 97.90% 98.10% 97.80% 98.50% Current Unsecured Delinquencies 2.40% 2.00% 2.70% 2.10% 1.90% 2.20% 1.50% 2.11% 2.08% *
source: Delinquency rate information obtained from final fiscal year end county of San Diego Tax Revenue Apportionment Reports (07-11-15)for the Escondido City Public Safety Facilities Imp Bond Tax fund # 603850/60
C:\Users\MeetingsOfficeUser18\AppData\Local\Temp\tmpC3E3.tmp Attachment "1"
74 Item9.

DELINQUENCY RATE ANALYSIS
fy 2008-09* fy 2009-10* fy 2010-11* fy 2011-12* fy 2012-13* fy 2013-14* Ave Rate Total 100.00% 100.00% 100.00% 100.00% 100.00% 100.00%
Current Secured Collections Rate 96.10% 97.60% 98.40% 98.60% 99.10% 99.00% Current Secured Delinquencies 3.90% 2.40% 1.60% 1.40% 0.90% 1.00% 1.87% Total 100.00% 100.00% 100.00% 100.00% 100.00% 100.00%
Current Unsecured Collections Rate 97.60% 98.00% 97.30% 97.90% 98.10% 97.80% Current Unsecured Delinquencies 2.40% 2.00% 2.70% 2.10% 1.90% 2.20% 2.22% *
source: Delinquency rate information obtained from final fiscal year end county of San Diego Tax Revenue Apportionment Reports (07-12-14)for the Escondido City Public Safety Facilities Imp Bond Tax fund # 603850 C:\Users\MeetingsOfficeUser18\AppData\Local\Temp\tmpC3E3.tmp Attachment "1"
75 Item9.

DELINQUENCY RATE ANALYSIS
fy 2008-09* fy 2009-10* fy 2010-11* fy 2011-12* fy 2012-13* Ave Rate Total 100.00% 100.00% 100.00% 100.00% 100.00%
Current Secured Collections Rate 96.10% 97.60% 98.40% 98.60% 99.10% Current Secured Delinquencies 3.90% 2.40% 1.60% 1.40% 0.90% 2.04% Total 100.00% 100.00% 100.00% 100.00% 100.00%
Current Unsecured Collections Rate 97.60% 98.00% 97.30% 97.90% 98.10% Current Unsecured Delinquencies 2.40% 2.00% 2.70% 2.10% 1.90% 2.22% *
source: Delinquency rate information obtained from final fiscal year end county of San Diego Tax Revenue Apportionment Reports (07-12- 13)for the Escondido City Public Safety Facilities Imp Bond Tax fund # 603850 C:\Users\MeetingsOfficeUser18\AppData\Local\Temp\tmpC3E3.tmp Attachment "1"
76 Item9.

DELINQUENCY RATE ANALYSIS
fy 2008-09* fy 2009-10* fy 2010-11* fy 2011-12* Ave Rate Total 100.00% 100.00% 100.00% 100.00%
Current Secured Collections Rate 96.10% 97.60% 98.40% 98.60% Current Secured Delinquencies 3.90% 2.40% 1.60% 1.40% 2.33% Total 100.00% 100.00% 100.00% 100.00%
Current Unsecured Collections Rate 97.60% 98.00% 97.30% 97.90% Current Unsecured Delinquencies 2.40% 2.00% 2.70% 2.10% 2.30% *
source: Delinquency rate information obtained from final fiscal year end county of San Diego Tax Revenue Apportionment Reports (7-13-12)for the Escondido City Public Safety Facilities Imp Bond Tax fund # 603850 C:\Users\MeetingsOfficeUser18\AppData\Local\Temp\tmpC3E3.tmp Attachment "1"
77 Item9.

STAFF REPORT
July 29, 2026
File Number 0470-45

SUBJECT

REJECT ALL BIDS FOR THE JOHN MASSON MEMORIAL BIKE PARK PROJECT AND AUTHORIZE STAFF TO RE-BID

DEPARTMENT
Development Services, Engineering Division

RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2026-129 rejecting all bids for the John Masson Memorial Bike Park Project and authorizing staff to re-bid the project.

Staff Recommendation: Approval (Kevin Snyder, Development Services Director) Presenters: Jason Christman, Interim City Engineer and Michael Tully, Project Manager ESSENTIAL SERVICE – Yes, Parks Facilities/Open Spaces
COUNCIL PRIORITY – Increase Retention and Attraction of People and Businesses to Escondido

FISCAL ANALYSIS
The adopted Capital Improvement Program (“CIP”) budget includes $271,303 in CA Prop 68 Per Capita grant funds and Park Development funds of $2,748,787.25 for the construction of this Project.

PREVIOUS ACTION
On November 18, 2020, the City Council authorized and approved application(s) for Prop 68 Grant fund allocations of $271,303 to complete and submit all documents necessary for the completion of the grant scope(s), as well as approve naming of the proposed bike park as the John Masson Memorial Bike Park in honor of late Councilmember John Masson.

On December 7, 2022, the John Masson Memorial Bike Park (“Project”) was included as part of the Fiscal Year 2021/22 Financial Status Report and American Rescue Plan Act (“ARPA”) Update. The Project is to be placed inside Jesmond Dene Park with Prop 68 Grant funds, however, since the community surrounding the park does not qualify as a severely disadvantaged community, a match in the amount of $70,000 was required and was approved by Council.

On June 14, 2023, the City Council received an update on the ARPA funding program which included the Project and approved the overall Budget Adjustment Request. 78 Item10.

On January 31, 2024, the City Council approved the recommended approach for expending the ARPA and Park Development funds and approved a Budget Adjustment Request, including the Project, as one of the Park Capital Projects.

On December 4, 2024 , City Council was requested to receive and file the Annual Financial Report on Development Impact Fees, which included the Project, and the City Council approved the Annual Report of Capital Funds funded by Development Impact Fees pursuant to Government Code Section 66006.

On June 19, 2024, the First Amendment to the Consulting Services Agreement (“Agreement”) with Kimley Horn for project management and design services in the amount of $66,620 was executed. On May 7, 2025, the City Council approved the Second Amendment to the Agreement in the amount of $65,525.

On March 4, 2026, the City Council approved Resolution No. 2026-41 authorizing the Third Amendment to the Agreement to fund additional project management and design services to complete the final 100% design plans and all necessary supporting documentation for the bike park project.

On May 12, 2026, a Request for Bids went out for the John Masson Bike Park Project. On June 4, 2026 , four sealed bids for the project were opened and evaluated.

BACKGROUND

The Project will be located on 4 acres of parkland inside Jesmond Dene Park. It will consist of children, teenagers and adult tracks to develop their bike riding skills with adequate separation between each age/skill level for safety. There will also be viewing areas with benches for parents to watch their children as they round the track or for those wanting to take a break and watch their peers. In addition, there will also be park amenities such as water bottle filling stations, bike fix-it station, lodge pole fencing, benches and multiple viewing areas.

On June 4, 2026, four sealed bids were rece ived in response to the advertised request for bids for the Project. The confirmed bid totals for the five bidders are listed below:

Sitka Construction Group $1,750,000.00
RGC General Engineering $2,109,220.05
DLF Construction $2,485,177.30
American Ramp Company $2,981,007.89

Three of the bidders were non -responsive in providing documentation needed under Competency of Bidders on meeting the requirement for the bid. One of the bidders met all of the requirements under Competency of Bidders that were spelled out in the Notice of Inviting Bids.

79 Item10.

However, City staff discovered a few days before bid opening that there was a requirement for the bidder to be a member of the Union Cycliste Internationale (“UCI”) and that this membership was exclusionary to only one bidder. After consultation with the City Attorney’s office about this new information regarding the membership, City staff believed it to be in the best interest of the City to reject all bids and rebid the Project removing the UCI requirement to allow for a more competitive bidding process.

Staff recommends that the City Council reject all bids and authorize that the Project be re -bid. Staff intends to provide more visibility and outreach to the bike park contractin g community and intends to remove the exclusionary language in the bid documents that require a bidder to be a member of the UCI.

These changes to the Project will benefit the City by allowing for a more competitive bidding process.

RESOLUTION
a. Resolution No. 2026-129
80 Item10.

RESOLUTION NO. 2026-129

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, REJECTING ALL BIDS FOR THE

JOHN MASSON MEMORIAL BIKE PARK PROJECT AND

AUTHORIZING STAFF TO RE-BID THE PROJECT

WHEREAS, the City Council has authorized acceptance of funding from CA Prop 68 Per Capita grant funding as well as Park Development Funds and a budget for the John Masson Memorial Bike Park Project ("Project") has been adopted in the Capital Improvement Program; and WHEREAS, a Notice Inviting Bids for the Project was duly published on May 12, 2026; and

WHEREAS, pursuant to said Notice, four sealed bids for the Project were opened and evaluated on June 4, 2026; and
WHEREAS, City staff determined during the bidding phase of the Project that there was language in the bid documents that made the bid exclusionary to one bidder by having a membership to the Union Cycliste Internationle (UCI); and
WHEREAS, the City Engineer has recommended the formal rejection of all bids.

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

1. That the above recitations are true.

2. That the City Council accepts the recommendation of the City Engineer to reject all bids for the Project and to re-advertise the Project for bid.
81 Item10.

STAFF REPORT

July 29, 2026
File Number 0800-10

SUBJECT

FINAL MAP UNDER CONSIDERATION FOR APPROVAL

DEPARTMENT
Development Services

RECOMMENDATION
Request the City Council receive and file notice that a Final Map for Tract Nos. SUB18-0005 and SUB20- 0007 located on both sides of North Nutmeg Street, between North Centre City Parkway and Interstate 15 has been filed for approval.

Staff Recommendation: Receive and File (Development Services Department: Kevin Snyder, Director, and Jason Christman, Interim City Engineer)
Presenter: Leia Cabrera, Engineering Manager
ESSENTIAL SERVICE – Yes, Land Use/Development
COUNCIL PRIORITY – Drive Community and Land Development

BACKGROUND
Pursuant to Escondido Municipal Code (EMC) § 32.303.03, adopted in Ordinance No. 2022-02, upon the City Engineer’s receipt of a Final Map, he must fully examine its conformity with the approved Tentative Map, and approved alterations thereto; it s technical correctness; and, its lawfulness under the EMC.

Further, the City Engineer shall notify the City Council at its next regular meeting that a Final Map is being reviewed for final approval and the City Clerk shall provide notice of any pending approval or disapproval, which notice must be attached and posted with the City Council’s regular agenda and mailed to interested parties. Thereafter, pursuant to the EMC, within ten days following the City Council meeting, the City Engineer must approve the Final Map if it conforms to all requirements of the EMC applicable at the time of approval and all requirements of the Map Act. EMC § 32.303.03.A(1)-(3).

The following Final Map is under consideration for approval by the City Engineer in accordance wit h Ordinance No. 2022-02: Tract Nos. SUB18-0005 and SUB20-0007 located on both sides of North Nutmeg Street, between North Centre City Parkway and Interstate 15: A 124-Unit Multi-Family Subdivision.

82 Item11.

ATTACHMENTS
a. Attachment “1”—Final Map for Tract Nos. SUB18-0005 and SUB20-0007 83 Item11.

MAP No.

ESCON0/00 TRACT NO. SUB/8-0005 & SUB20-0007 SHEET 1 OF 5 SHEElS

NUTMEG HOMES

IN THE CITY OF ESCONDIDO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ALL THOSE PORllONS OF LOTS 1 ANO 2 IN SECllON 5, TOWNSHIP 12 SOUTH, RANGE 2 #'EST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ESCONDIDO, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, ACCORDING TO THE omCIAL PLAT THEREOF, LYING #'ESTERLY OF THE #'ESTERLY LINE OF LANO CONVEYED TO THE STATE OF CALIFORNIA BY OEEO RECORDED MAY 15, 1947 AS DOCUMENT NO. 51967, IN BOOK 2380, PAGE 435, OF OFRCIAL RECORDS.

THIS IS A MAP OF A CONDOMINIUM PROJECT AS OERNEO IN SECllON 4125 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA ANO IS RLEO PURSUANT TO THE SUBDIVISION MAP ACT. THERE MLL BE A MAXIMUM OF 124 DWELLING UNITS ON LOTS 1 ANO 2.

FOR COMPLETE LEGAL OESCRIPllON, REFER TO SUBDIVISION MAP GUARANTEE NOTED HEREON, A SUBDIVISION MAP GUARANTEE IS ON RLE IN THE CITY OF ENGINEER's omc£ OWNER's STA TENENT
HE HEREBY STAlF THAT HE ARE THE OHNERS OR ARE /NlFRESlFO IN THE LANO INCLUOEO MlHIN ESCON0/00 TRACT NO. SUB/8-0005 & SlJB20-0007.

HE HEREBY CONSENT TO THE PREPARAllON ANO RECOROAllON OF lH/S I.IAP CONS/SllNG OF 5 SHEETS ANO OESCR/BEO IN THE CAPllON THEREOF.

HE HEREBY 0£0/CAlF TO THE PUBLIC A PORllON OF NUlMEG STREET FOR PUBLIC ROAO ANO UllLITY PURPOSES, AS SHOHN ON THIS I.IAP.

HE HEREBY 0£0/CAlF A PUBLIC lJllL/TY ANO ACCESS EASEMENT ALONG CENTRE CITY PARKWAY, AS SHOHN ON THIS MAP.

HE HEREBY 0£0/CAlF TO THE PUBLIC A 20' MOE SEHER EASEMENT, AS SHOHN ON THIS MAP.

HE HEREBY GRANT TO THE CITY OF ESCON0/00 A PERMANENT ANO PERPEll/AL PUBLIC EMERGENCY ACCESS EASEMENT AS SHOHN ON lH/S MAP, TOCETHER MTH THE RIGHT OF INGRESS ANO EGRESS TO SA /0 EASEMENT AT ALL lll.lES. THE GRANTORS, THEIR SUCCESSORS, HEIRS ANO ASSIGNS AGREE NOT TO ERECT ANY BlJ/LO/NGS OR OR OTHER SlRlJCll/RES, NOR TO PLANT !REES UPON ANY PORllON OF SA/0 EASEMENT, ANO FIJRTHER AGREE THAT ANY SUCH OBSlRlJCllONS TO THE CITY'S lJSE OF SA/0 EASEMENT SHALL BE REMOVEO AT THE PROPERTY OHNER's EXPENSE
HE HEREBY GRANT TO RINCON OEL 0/ABLO l.llJN/C/PAL WAlFR 0/SlR/CT A PERMANENT ANO PERPEll/AL PUBLIC UllLlllES ANO ACCESS EASEMENT AS

SHOHN ON THIS MAP, TOGETHER MTH THE RIGHT TO FOREVER MAINTAIN, OPERA!E, CONSTRUCT, RECONSTRUCT, PARALLEL, RENEW ANO ENLARGE ANY EX/SllNG OR Fl/Tl/RE PUBLIC UllL/llES ANO APPURlFNANCES MTHIN SA/0 EASEMENT, ALONG MTH THE RIGHT OF INGRESS ANO EGRESS TO SA/0 EASEMENT AT ALL lll.lES. THE GRANTORS, THEIR SUCCESSORS, HEIRS ANO ASSIGNS AGREE NOT TO ERECT ANY BU/LO/NGS OR OR OTHER SlRUCll/RES, NOR TO PLANT !REES UPON ANY PORllON OF SA/0 EASEMENT, ANO FIJRTHER AGREE THAT ANY SUCH OBSlRUCllONS TO THE 0/SlR!Cr'S lJSE OF SA/0 EASEMENT SHALL BE REI.IO/IEO AT THE PROPERTY OHNER's EXPENSE KB HOVE CAL MANAGEMENT SERVICES LLC, A OELAWARE L/Al/lFO LIABILITY

COMPANY
.JESSE KLEIST, VICE PRESIOENT, FORWARO PLANNING

EXCEL ENGINEERING
HO STAlF PLACE
E.S'CON0/04 Of 92029
PHONE (760} 715-8! 18
OAlF
RJRNISHEO BY CHICAGO llllE COMPANY, ORDER NO. _______ _, OA TEO ____ __,

NOTARY ACKNOWLEOCNENT
A NOTARY PUBLIC OR OTHER OFRCER COAIPLEllNG THIS
CERllRCAlF /!ER/RES ONLY THE /OENllTY OF THE
INO/VIOlJAL WHO SIGNEO THE OOClJI.IENT, TO WHICH THIS
CERllRCAlF IS ATTACHEO, ANO NOT THE lRUTHFIJLNESS,
ACCURACY, OR VALIOITY OF THAT OOCUAIENT.

STA 1F OF CALIFORNIA } SS
COUNTY OF }
ON_-------------::-==.,....,..,..,.-,-, BEFORE ME, _________ _ NOTARYPlJBL/C, PERSONALLYAPPEAREO _________ __,
WHO PRO/IEO TO I.IE ON THE BASIS OF SAllSFACTORY EVIOENCE TO BE THE PERSON(S) WHOSE NAAIE(S} IS/ARE SUBSCR/BEO TO THE MlHIN INSlRUI.IENT ANO ACKNOW!..EOCEO TO ME THAT HE/SHE/THEY EXEClJlFO THE SAi.iE IN HIS/1-IER/lHEIR AUTHORIZEO CAPACITY(/ES}, ANO THAT BY HIS,/1-IER/lHEIR S/GNA ll/RE(S) ON THE INSlRlJI.IENT THE PERSON(S}, OR THE ENllTY UPON BEHALF OF WHICH THE PERSON(S) AClFO, EXEClJlEO THE INSlRlJI.IENT.

I CERllFY UNOER PENALTY OF PER.J{JRY lJNOER THE LAJfS OF THE STAlF OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS !RUE ANO CORRECT.

MlNESS MY HANO ANO OFRCIAL SEAL:

S/GNAll/RE
NOTARY PlJi.
--
�-'L/C
--
/N
-:-
A
""."".�-:-::
'IJ
---,
fi.
=VR-::--:c
SA
""."".
/O
-::---::-
ST,=
'i4
=
1F
=-

PRINT NAME
MY COAIAI/SS/ON NUMBER: ____ _
MY COAII.I/SS/ON EXPIRES.· ____ _
MY PRINCIPAL PLACE OF BUSINESS IS IN ___ �COUNTY.

NOTARY ACKNOWLEOCNENT
A NOTARY PUBLIC OR OTHER OFRCER COAIPLEllNG THIS
CERllRCAlF /!ER/RES ONLY THE /OENllTY OF THE
INO/VIOlJAL WHO SIGNEO THE OOClJAIENT, TO WHICH THIS
CERllRCAlF IS ATTACHED, ANO NOT THE lRUTHFIJLNESS,
ACCURACY, OR VALIOITY OF THAT OOClJAIENT.

STA 1F OF CALIFORNIA } SS
COUNTY OF }
ON _______ _, BEFORE ME, _________ _
NOTARYPlJBL/C, PERSONALLYAPPEAREO _________ __,
WHO PRO/IEO TO I.IE ON THE BASIS OF SAllSFACTORY EVIOENCE TO BE THE PERSON(S) WHOSE NAAIE(S) IS/ARE SUBSCR/BEO TO THE MlHIN INSlRUI.IENT ANO ACKNOW!..EOCEO TO ME THAT HE/SHE/THEY EXEClJlFO THE SA i.iE IN HIS,/1-IER/lHEIR AUTHOR/ZEO CAPACITY(/ES}, ANO THAT BY HIS,/1-IER/lHEIR SIGNA ll/RE(S) ON THE INSlRlJI.IENT THE PERSON(S}, OR THE ENllTY UPON BEHALF OF WHICH THE PERSON(S) AClFO, EXEClJlEO THE INSlRUI.IENT.

I CERllFY lJNOER PENALTY OF PER.J{JRY lJNOER THE LAJfS OF THE STAlF OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS !RUE ANO CORRECT.

MlNESS I.IY HANO ANO OFRCIAL SEAL:

S/GNAll/RE ________ _
NOTARY PUBLIC IN ANO FOR SA/0 STAlF

PRINT NAME
MY COAIAI/SS/ON NUMBER: ____ _
MY COAIAI/SS/ON EXPIRES.· ____ _
MY PRINCIPAL PLACE OF BUSINESS IS /N. ___ ---'COUNTY.

RINCON OEL OIABLO MUNICIPAL WATER OISTRICT
ACCEPTANCE CERllRCA TE
THIS IS TO CERllFY THAT THE EASEMENTS SHOHN ON THIS I.IAP GRANlEO TO THE RINCON OEL 0/ABLO MUNICIPAL WAlFR 0/SlR/CT, A PUBLIC AGENCY ORGANIZEO lJNOER THE MUNICIPAL WAlFR ACT OF 1911 ANO A SlJBSIOIARY 0/SlR/CT OF THE CITY OF ESCON0/00, ARE HEREBY ACCEPlEO BY THE UNOERSIGNEO OFRCER OF THE BOARO OF OIRECTORS OF SA/0 0/SlR/CT.

BY
-.JEi
=
"FF
------
Ul.li.
_
lS! __ W.
_
:.tSA __ S
____
_ OAlF
GENERAL I.IANACER
CITY TREASURER's STATEMENT
I, OOUGLAS W. SHULTZ CITY TREASURER OF THE CITY OF ESCON0/00, HEREBY STAlF THAT THERE ARE NO LIENS OR lJNPA/0 BONOS /SSUEO lJNOER ANY /AIPRO/IEI.IENT BONO ACT OF THE STAlF OF CALIFORNIA SHOHN BY THE BOOKS OF lH/S OFRCE AGAINST THE SUBO/VISION OR ANY PART THEREOF SHOHN ON THE I.IAP OF ESCON0/00 TRACT NO. SUB/8-0005 & SUB20-0007.

OOUGLAS W. SHULTZ

OEPUTY CITY TREASURER
OAlF

COUNTY TREASURER-TAX COLLECTOR
ANO PUBLIC WORK's CERllRCA TE
Hf; COUNTY TREASURER-TAX COLLECTOR OF THE COUNTY OF SAN 0/EGO, STA 1F OF CALIFORNIA, ANO 0/RECTOR, OEPARlMENT OF PUBLIC WORKS OF SA/0 COUNTY, HEREBY CERllFY THAT THERE ARE NO UNPA/0 SPECIAL ASSESSI.IENTS OR BONOS WHICH MAY BE PA/0 IN Fl/LL, SHOHN BY THE BOOKS OF OUR OFRCES, AGAINST THE I.IAP OF ESCON0/00 TRACT NO.

SUB/8-0005 & SUB20-0007 SUBO/VIS/ON OR ANY PART THEREOF SHOHN ON THE ANNEXEO I.IAP ANO OESCR/BEO IN THE CAPllON THEREIN.

LARRY COHEN

COUNTY TREASURER
.JASON CHR/SlMAN
/NlFR/AI CITY ENGINEER
BY ________ _
OEPUTY OAlF
BY _____ --=-,---------::-c==-
OEPUTY OAlF
CLERK OF lHE BOARO OF SUPERVISORS
I, ANOREW POTTER, CLERK OF THE BOARO OF SUPERVISORS, HEREBY CERllFY THAT THE PROVISIONS OF THE SUBO/VIS/ON MAP ACT (OIVISION 2 OF llllE 7 OF THE GOVERNMENT coo£} REGARO/NG (A} OEPOSITS FOR TAXES ANO (B} CERllRCAllON OF THE ABSENCE OF LIENS FOR UNPA/0 STA!E, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSI.IENTS COLLEClFO AS TAXES EXCEPT THOSE NOT YET PAYABLE, HA/IE BEEN COAIPL/£0 MlH.

ANOREW POTTER

CLERK OF THE BOARO OF SUPERVISORS
BY __________ _
OEPUTY OAlF

ABANOONNENT NOTE
lJNOER THE AUTHORITY CONFERREO BY SECllON 66477.2 (C) OF THE SlJBO/VISION I.IAP ACT ANO HIGHWAY COOE, 0/VISION .9, SECllON 8300, PART .J. THE RLING OF lH/S I.IAP CONSllll/lFS THE ABANOONI.IENT OF A PORllON OF NUlMEG STREET, RECOROEO 04/10/1947, IN BOOK 2379, PACE 27.J, OF OFRCIAL RECOROS ANO RECOROEO 05/06/1948, IN BOOK 2786, PACE 349, OF OFRCIAL RECOROS.

SURt-£YOR's CERllRCA TE
I, MICHAEL 0. LEVIN, A LICENSEO LANO SUR/IEYOR OF THE STA 1F OF CALIFORNIA, HEREBY CERllFY THAT THE SlJR/IEY OF THIS SUBO/VISION WAS I.IAOE BY ME OR UNOER I.IY 0/RECllON ON OECEMBER 2021 ANO THAT SA /0 SUR/IEY IS !RUE ANO COI.IPLElF AS SHOHN, THAT AIONlJI.IENTS OF THE CHARAClFR /NO/CA lEO HA /IE BEEN SET OR FOUNO OR MLL BE SET AS NOlFO AT THE SUBO/VISION BOUNOARY CORNERS ANO I MLL SET ALL OTHER I.IONlJAIENTS OF THE CHARAClFR ANO AT THE POSlllON INOICAlFO BY THE LECENO IN THIS I.IAP MTHIN NINETY (90) OAYS AFlFR THE COAIPLEllON OF THE REOl/lREO /AIPRO/IEAIENTS ANO THEIR ACCEPTANCE BY THE CITY OF ESCON0/00, ANO ALL SUCH I.IONUI.IENTS ARE OR MLL BE SUff/C/ENT TO ENABLE THE SURVEY TO BE RElRACEO. (SEE LEGENO ON SHEET J}��- �� \.ANO�
MICHAEL 0. LEVIN L.S. 6896
EXPIRES.· 6/30/2027
OAlF
CITY ENC/NEER's STATEMENT
.§ Michael D. Levin �
No. 689
I, .JASON CHR/SlMAN, /NlFR/1,1 CITY ENGINEER OF THE CITY OF ESCON0/00, STAlF OF CALIFORNIA, ACllNG AS OESIGNEE FOR THE LEGISLAll/lE BOOY OF THE CITY OF ESCON0/00 PURSUANT TO ESCON0/00 MUNICIPAL COO£ SECllON 32. 102, HEREBY STAlF THAT I HAVE EXAI.IINEO THE RNAL I.IAP OF lFNTAll/lE MAP NO.

SlJB/8-0005 & SUB20-0007,· THAT THESE SUBO/VISIONS ARE SUBSTANllALL Y THE SAME AS IT APPEAREO ON THE lFNTA ll/lE MAP, ANO ANY APPRO/IEO AL lFRA llONS THEREOF,· ANO THAT ALL OF THE PROVISIONS OF THE SUBO/VISION MAP ACT ANO ANY LOCAL OROINANCES APPLICABLE AT THE llAIE OF APPROVAL OF THE TENTAllVE I.IAP HAVE BEEN COI.IPL/£0 MlH.

PlJRSlJANT TO SECllON 66434 (g) OF THE SlJBO/VISION I.IAP ACT, THE RLING OF THIS I.IAP MTHOUT SHOMNG THE FOLLOMNG CONSllll/lFS ABANOONI.IENT OF THE SAME HE HEREBY ACCEPT THE ABANOONAIENT OF THE FOLLOMNG:

A PORllON OF NlJlMEG STREET, RECOROEO 04/10/1947, IN BOOK 2379, PACE 27.J, OF OFRCIAL RECOROS ANO RECOROEO 05/06/1948, IN BOOK 2786, PACE 349, OF OFRCIAL RECOROS.

PURSUANT TO CITY OF ESCON0/00 ORO/NANCE NO. 2022-02, I HEREBY APPROVE THIS I.IAP ANO SUB.JECT TO ll,IPRO/IEAIENT ACCEPT THE REAL PROPERTY OFFERED FOR 0£0/CAllON OR OTHERMSE GRANlFO IN THE OHNER'S CERllRCAlF IN CONFORMITY MTH THE lFRAIS ANO CONO/llONS EXPRESSED THEREIN. .JASON CHR/SlMAN, R.C.£ 70128
EXPIRES.- 09/30/2026
CITY SURt-£YOR 'S STATEMENT
OAlF
I, OHEN ll/NNELL, CITY SlJR/IEYOR OF THE CITY OF ESCON0/00, HEREBY STAlF THAT I HA /IE EXAI.I/NEO THIS I.IAP, ANO AM SA llSREO THAT THIS MAP IS lFCHNICALL Y CORRECT.

OHEN I.I. ll/NNELL, L.S. 7134
EXPIRES.· 12/31/2026
OAlF
COUNTY RECOROER's CERllRCA TE
RLE NO.. _____ _
RLEO THIS OA Y OF ____ _, 202_, AT ___ �O'cLOCK _I.I.,
AT THE REOl/EST OF MICHAEL 0. LEVIN.

ERNEST J. ORONENBlJRG, .JR.,
COUNTY RECOROER BY ________ _
OEPUTY
FEEi ____ _
APN 224-260-23. 46 & 47 CALIFORNIA COORO. INOEX 362-1737 Attachment "1"
84 Item11.

Attachment "1"
85 Item11.

Attachment "1"
86 Item11.

Attachment "1"
87 Item11.

Attachment "1"
88 Item11.

Attachment "1"
89 Item11.

STAFF REPORT
July 29, 2026
File Number 0430-80

SUBJECT

APPROVE A BUDGET ADJUSTMENT FOR THE GRAND AVENUE VISION PHASE III PROJECT

DEPARTMENT
Development Services

RECOMMENDATION
Request the City Council adopt a $2,000,000 budget adjustment for the Grand Avenue Vision Phase III project. This budget adjustment appropriates $2,000,000 in Smart Growth Incentive Program (SGIP) grant funding within Fund 1230 to the Grand Avenue Vision Phase III project account.

Staff Recommendation: Approval (Development Services Director: Kevin Snyder, and Interim City Engineer: Jason Christman)
Presenter: Development Services, Christopher Hudson - Project Manager, Jason Christman – Interim City Engineer
ESSENTIAL SERVICE – Yes, Funding for Public Works/Infrastructure COUNCIL PRIORITY – Be Business Friendly; Drive Community and Land Development; Prioritize Public Safety

FISCAL ANALYSIS
On April 9, 2026, the City executed a Smart Growth Incentive Program (SGIP) Cycle 6 Grant Agreement with the San Diego Association of Governments (SANDAG) for the Grand Avenue Vision Project. The Grant Agreement provides $2,000,000 in SGIP funding and requires a local match of $2,250,000. The local match will be funded out of previously allocated Transnet funding ; there are adequate funds available to complete the local match required in fund 1230 Grand Ave Streetscape Project.

The proposed budget adjustment appropriates $2,000,000 in SGIP grant funding within Fund 1230 to the Grand Avenue Vision Phase III project account, and establishes an effective date of July 1, 2026, allowing reimbursement of eligible project costs incurred in accordance with the Grant Agreement. 90 Item12.

PREVIOUS ACTION
On February 14, 2018, the City Council approved the Grand Avenue Visi on Plan and authorized related grant applications.

On April 16, 2025, the City Council adopted Resolution No. 2025-32R, authorizing the Mayor to file a Smart Growth Incentive Program (SGIP) Cycle 6 grant application with the San Diego Association of Governments (SANDAG) and accept the terms of the grant agreement.

On June 24, 2026, the City Council adopted Resolution No. 2026-108 authorizing the Mayor to execute a Consulting Services Agreement with Kimley -Horn and Associates, Inc. for engineering desi gn and environmental clearance services associated with the Grand Avenue Vision Phase III project.

BACKGROUND
The Grand Avenue Vision Plan is a multi-phase streetscape improvement program intended to revitalize Escondido's historic downtown, improve walkability, enhance pedestrian safety, and create an activated pedestrian-oriented environment along the Grand Avenue corridor.

Phases I and II of the Vision Plan have implemented significant roadway, sidewalk, lighting, landscaping, parking, and traffic calming improvements. Phase III will continue implementation of the adopted Vision Plan between Maple Street and Escondido Boulevard and includes improvements funded in part through the SANDAG Smart Growth Incentive Program.

The SGIP Cycle 6 Grant Agreement provides $2,000,000 in grant funding for the Grand Avenue Vision Project – Phase III and requires a local match of $2,250,000. To facilitate reimbursement of eligible costs and ensure funding is properly allocated within the City's financial system, a budg et adjustment is required.

The City maintains separate project accounts for the Grand Avenue Streetscape Project, Grand Avenue Vision Project – Phase III, and Grand Avenue Vision Project – Phase IV. Existing appropriations within the Grand Avenue Streetscape Project will remain available and may be utilized, as appropriate, to support implementation of Phase III and future corridor improvements.

Approval of the budget adjustment will appropriate $2,000,000 in SGIP grant funding to the Grand Avenue Vision Phase III Project account within Fund 1230 and establish an effective date of July 1, 2026, for grant reimbursement purposes.
91 Item12.

ATTACHMENTS
a. Attachment “1” – Budget Adjustment
92 Item12.

BUDGET ADJUSTMENT

REQUEST
Department: Development Services
For Finance Use Only
BA # ____________
Fiscal Year ________
Department Contact: Jason Christman
City Council Meeting Date:
(attach staff report) 7/29/2026

EXPLANATION OF REQUEST
Appropriate $2,000,000 in Smart Growth Incentive Program (SGIP) Cycle 6 grant funding within Fund 1230 to the Grand Avenue Vision Project – Phase III project account. The budget adjustment establishes an effective date of July 1, 2026, allowing reimbursement of eligible project costs in accordance with the SGIP Grant Agreement (SANDAG Contract No. S1592789) executed on April 9, 2026.

BUDGET ADJUSTMENT INFORMATION
Project/Account Description Account Number
Amount of
Increase
Amount of
Decrease
Project: Grand Avenue Vision
Project - Phase III
Grant: NEW
Fund 1230 2,000,000

APPROVALS

DEPARTMENT HEAD DATE FINANCE DATE
Docusign Envelope ID: 4D1700FB-21E6-8CBA-808E-0D48E85680CE 7/16/2026
7/16/2026
Attachment "1"
93 Item12.

STAFF REPORT

July 29, 2026
File Number 0600-10; A-3484-3

SUBJECT
APPROVE THIRD AMENDMENT TO CONSULTING SERVICES AGREEMENT WITH HR GREEN PACIFIC, INC.

FOR ON CALL ENGINEERING SERVICES

DEPARTMENT
Development Services

RECOMMENDATION
Request the City Council adopt Resolution 2026-109 authorizing the Mayor to execute, on behalf of the City, the Third Amendment to a consulting services agreement with HR Green Pacific, Inc., for on call engineering services for the SiFi FiberCity project.

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

FISCAL ANALYSIS
All costs associated with plan review and inspection of the FiberCity project are paid for by SiFi in accordance with the Right of Way Encroachment Agreement (Attachment 1). The Developer Deposit Account Agreement requires that in advance of plan review, SiFi will deposit funding for six -months of projected project costs and will maintain deposit funding adequate for three months of projected City project Costs.

PREVIOUS ACTION
On September 28, 2022, the City Council adopted Resolution No. 2022 -143 authorizing a Right of Way Encroachment Agreement with SiFi Networks for the project.

On December 5, 2023, the City and the Consultant executed Consulting Agreement with HR Green Pacific, Inc. (Attachment 2)
On May 16, 2024, the City and the Consultant executed the First Amendment to authorize Phase II of the Agreement, which includes field inspection services. (Attachment 3) 94 Item13.

On July 31, 2024, the City and the Consultant executed the Second Amendment to authorize an additional amount not to exceed the sum of $84,320. (Attachment 4)

BACKGROUND

SiFi Networks is a privately-owned telecommunications company that funds, builds, and operates open access fiber networks across the United States. In September 2022, the City Council approved an Agreement with SiFi to install fiber along every public street at no cost to the City. SiFi will own and operate all equipment within its system and partner with various Internet Service Providers (“ISPs”) that provide the point of connection between SiFi's backbone system and each individual premises.

The provision of a citywide fiber network will complement the City's economic development efforts as many businesses rely on high-speed internet service to remain competitive. This network will also ensure that our residents have access to reliable high-speed internet service with opportunities to provide low-cost access to economically disadvantaged households.

HR Green Pacific, Inc. is an engineering services consulting company providing plan check and inspection support for SiFi’s FiberCity project on behalf of the City. SiFi’s increase in construction production requires an additional field inspector for the
Staff recommends the City Council authorize the Third Amendment to a Consulting Services Agreement with HR Green Pacific, Inc. for Phase II services in the amount of $690,000 to provide a second full time inspector for the remaining duration of the project. The total cost of services totaling $2,385,346 will be paid for by SiFi in accordance with the Right of Way Encroachment Agreement.

95 Item13.

RESOLUTIONS
a. Resolution No. 2026-109
b. Resolution No. 2026-109 Exhibit “A” – Third Amendment to Consulting Agreement with HR Green Pacific, Inc.

ATTACHMENTS
a. Attachment 1 – Right of Way Encroachment Agreement with SiFi Networks

96 Item13.

Attachment "1"
97 Item13.

Page 2 of 26 ends

“Construction Contractor” or “Contractor” means the construction company(ies) performing the physical work of installing the System.
“Drop” means the fiber optic cable run from the System at the edge of the Public Way or the Fiber Access Box (“FAB”) or the Toby Box (as each is described in Attachment 1) in the Public Way, as the case may be, to the Premises Wall.
“Excavation and Right-of-Way Encroachment Policy” means those policies, including the (i) City’s Encroachment Permit Application and Standard Conditions (ii) and Fiber Optic Cable Plan Check documents, as they apply as of the Effective Date, which set forth the procedures, standards and conditions under which the Escondido City Engineer will issue permits for the installation, construction, excavation, inspection, maintenance and/or repair, or other work performed in connection with underground, overhead and surface-mounted utility facilities located or proposed within the public rights-of-way.
“Facility” means the secure spaces that the City agrees to make available to SiFi during the Term for the installation of Shelters and Cabinets. “FOCUS” means SiFi’s trademarked FOCUS™ system including the patented Wastewater Fiber Technology, know-how and other proprietary rights, comprising, among other things, a combination of blown fiber, aerial, wastewater and other conventional techniques to enable multi gigabit technologies.
“FON” means SiFi’s fiber optic network built by utilizing a combination of blown fiber, aerial, wastewater and/or other conventional techniques, which may also include FOCUS™ design, as well as electronics to enable multi gigabit technologies. “Home” means a residential single-family dwelling, or a residential single dwelling unit located within a Multiple Dwelling Unit, located within the Boundary. “Multiple Dwelling Unit” means an apartment building or other building containing more than four dwelling units located within the Boundary.
“Microtrenching” means the process of cutting a trench with a dry cut machine and reinstated with cementitious slurry fill as further described in Section 4.1.1, and according to the requirements of the City’s Excavation and Right-of-Way Encroachment Policy, which Policy shall take precedence in the event of any conflicts.
“Pass” or “Passes” means the duct or Chamber as parts of the System has reached to the curbside of a residential Primary Premise, or the engineered point at or near a commercial Premises from which a Drop can be connected.
“Person” means any natural person or any association, firm, partnership, joint venture, corporation, limited liability company, or other legally recognized entity, whether for profit or not for profit, but shall not mean the City or SiFi.
“Premises” means a Home, Multiple Dwelling Unit, office, other public and private building, and City infrastructure asset located within the Boundary.

Attachment "1"
98 Item13.

Page 3 of 26 ends

“Premises Wall” means the exterior of an outside wall of a Premises to which the fiber optic cable can be terminated.
“Primary Premises” means all Premises within the Boundary as of the Effective Date but excluding any Premises which SiFi cannot connect to (i) because of a lack of a right to access and use of the Public Way due to the City not possessing the right, title, interest or authority to permit SiFi to use and occupy the Public Way in order for SiFi to access such Premises, or (ii) because SiFi lacks a right to access to any non-City owned property within the Boundary in order to access such Premises, or (iii) because the incremental material cost to connect such Premises would be at least ten percent (10%) higher than the average cost to connect SiFi-accessible Primary Premises within the Boundary, or (iv)) where such Premises already have a pre-existing fiber service available to them and do not desire SiFi to connect such Premises. SiFi shall not be required or obligated to make the System available to such Premises described in (i) through (iv) in this definition, and Substantial Completion determination shall not be impacted as a result. “Public Way” shall mean the surface of, and the space above and below, any now existing or future: public street, road, highway, parkway, driveway, freeway, lane, path, court, sidewalk, bridge, alley, boulevard, traffic signals, lamp post, public way, or other public right of way or easement, including public utility easements, dedicated utility strips, or rights of way dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by, granted or dedicated to or under the jurisdiction of the City within the Boundary. For the avoidance of doubt, the term “Public Way” shall also mean any easement now or hereafter held by the City within the Boundary for the purpose of public travel, or for utility or public service use dedicated for compatible uses and shall include all other easements or rights of way held by the City within the Boundary over which it may lawfully grant this right. “Service” means internet, voice, data, and video service or any combination thereof, provided by a Service Provider over the System.
“Service Providers” means any entity who enters into a contract with SiFi to provide Services over the System.
“Shelter” means the above ground facility housing System equipment as further described in Section 4.2 and in Exhibit A hereto.
“Subscribe” means an agreement to receive from a Service Provider. “Subscriber” means any Person (which for purposes of this definition shall include the City) who has entered into an agreement to receive or otherwise lawfully receives Service. “Substantial Completion” means the date on which, the System has been installed such that it Passes the addresses of each of the Primary Premises and the System is capable of providing Service to each such Primary Premises (but for the lack of a Drop) or four (4) years post Construction being commenced, whichever event occurs first; provided, however, in the event that Substantial Completion is deemed to have occurred due to the expiration of four (4) years post Construction being commenced, SiFi shall use commercially reasonable efforts to complete, subject to the conditions in the proviso above, such construction as is necessary to provide Service to all Primary Premises within a commercially reasonable time.

Attachment "1"
99 Item13.

Page 4 of 26 ends

“System” means all parts of the FON system under and above ground in the City that is designed to support the delivery of Service to Subscribers, including the fiber optic cable and its component parts and appurtenances, and the other cables, wires, components, facilities, Cabinets, ducts, conduits, connectors, Shelters, Chambers, fiber access boxes, appliances, splitters, attachments, and other property, equipment, components, materials, apparatus and appurtenances to the FON system.
“Work Zone” means an area within the Boundary that is subject to a separate permit for installation of a portion of the System.

SECTION 2

2. Grant of Authority.

2.1 Grant of Permission.

SiFi Permission to Use Public Way. To the extent allowed by law, and subject to the City’s authority to manage the Public Way for the benefit and convenience of the public, the City hereby authorizes SiFi to erect, install, construct, repair, replace, reconstruct, maintain, operate or retain the System in, on, over, under, upon, across, or along any Public Way, including wires, cables, facilities, Cabinets, components, materials, apparatus ducts, conduits, connectors, vaults, fiber access boxes, appliances, splitters, pots, attachments, and other related property or equipment as may be necessary or appurtenant to the System, within the Boundary, and all extensions and additions thereto. Subject to City approval of the applicable permit and final engineering design, SiFi shall be responsible to submit for approval the proposed final engineering design and location, including but not limited to depth, width, and height, of all equipment and other parts of the System. Both Parties agree to cooperate during the design and permitting process and SiFi acknowledges and agrees that the City has final discretion and authority to approve any proposed designs, approve equipment to be permanently installed in the Public Way, and issue any requested permits, each of which shall not be unreasonably conditioned, withheld and/or delayed and subject to Section 2.5 below.

Notwithstanding the foregoing, installation of the System and use of the Public Way is subject to the applicable permit for a specific Work Zone.

Removal or Abandonment of the System upon Termination of Agreement. Upon the expiration or termination of this Agreement, SiFi shall remove any above- ground portion of the System and shall reimburse the City for any costs associated with SiFi’s failure to adequately remove the System or restore City property to its original condition, minus reasonable wear and tear. Upon the expiration or termination of this Agreement, SiFi shall either remove from, or abandon in place, all or any subsurface portion of the System in the Public Way.

Any part of the System not removed by SiFi upon expiration or termination shall be deemed abandoned by SiFi as described in this Agreement and may become the property of the City, if so elected by the City in its sole discretion. If the System is abandoned and the City elects not to take ownership of it, SiFi shall remain responsible for and agrees to defend and indemnify the City against any and all costs, claims or damages associated with the System.

2.2 Term of Agreement . This Agreement shall become effective upon the execution and delivery of this Agreement by the Parties (the “Effective Date”). The term of this Agreement shall commence on Commencement Date and run until midnight on the date that is thirty (30) years after the Commencement Date (the “Initial Term”). Following the Initial Term, Attachment "1"
100
Item13.

Page 5 of 26 ends

and subject to the System operating in accordance with this Agreement, this Agreement shall automatically renew for two additional terms of thirty (30) years each commencing on the thirtieth (30th) anniversary and on the sixtieth (60th) anniversary of the Commencement Date, respectively (each, a “Renewal Term,” and, collectively with the Initial Term, the “Term”) unless SiFi provides written notice to the City of its intent not to renew at least one hundred eighty (180) days prior to end of the Initial Term and thereafter at least one hundred eighty (180) days prior t o end of the first Renewal Term. If SiFi elects to not renew this Agreement, the provisions of Subsection 2.1.2, above, will govern the disposition of the System.

2.3 License.
(i) City hereby grants and conveys to SiFi, and its licensees, successors, lessees, transferees, and assigns, a revocable exclusive license (“License”) to enter and occupy portions of the City’s Public Way and/or City-owned land including for up to three (3) specific locations for Facilities as further described in Section 4.2, which locations will be mutually agreed upon in good faith between the City and SiFi (the “License Area”), for the purposes of erecting, installing, constructing, operating, repairing, replacing, reconstructing, removing, maintaining, using and retaining said System, including, without limitation, wires, cables, ducts, conduits, connectors, vaults, handholes, handhole covers, fencing, appliances, splitters, attachments, and other property, equipment, components, materials, apparatus and appurtenances to the System and the Facilities (the “ Improvements”). This License is subject to easements, covenants, conditions, and regulations in existence as of the date hereof , as well as the City’s authority to manage the Public Way for the benefit of the public. S iFi must obtain all necessary permits to install the Improvements.
(ii) SiFi shall not make any alterations to the License Area or the Improvements without the City’s prior written approval. SiFi shall be responsible for all costs incurred in any such alterations. All construction, installation, maintenance and repair of the License Area shall be conducted s o as to not interfere with, and shall be subordinate to, City’s use and operation of the Public Way. The installation of the System and alterations by SiFi in the License Area shall be completed by competent personnel or contractors, in conformity with all applicable permits, licenses, ordinances, laws and regulations, and free from any liens for labor or materials. Any damage to the License Area resulting from or in connection with the exercise of SiFi’s rights hereunder shall be corrected within a reasonable time by SiFi at its sole cost and expense.
(iii) SiFi will maintain the Improvements in accordance with this Agreement and the City’s Excavation and Rights-of-Way Encroachment Policy. (iv) SiFi shall not install or construct any other structures or improvements other than the Improvements and associated appurtenances described herein and noted on the approved permit plans.
(v) The Improvements installed within the License Area by SiFi shall be made at no expense to City. SiFi shall be responsible, and assume all costs, for any relocation or protection of any part of the System in the event the relocation or protection of the System is necessary due to changes in any Public Way at any time during the term of this Agreement. (vi) City shall, except for emergencies, provide prior written notice to SiFi of any modifications to, or alter ations of, the License Area. SiFi acknowledges the City has a Attachment "1"
101
Item13.

Page 6 of 26 ends

Pavement Management Program that consists of Full Depth Reclamation, Grind and Overlay and Slurry Seal treatments, and that the City has several storm drain, water, recycled water and wastewater (wet utility) projects, inclusive of lateral connections and service connection. SiFi acknowledges this t ype of work may be to a depth greater than the installation depth of SiFi’s infrastructure, and, as such, acknowledge s its duties and responsibilities to relocate, at its own expense, any and all infrastructure affected by the City’s street maintenance or wet utility projects. (vii) City, its agents or assigns, or any utility company , or City franchisee, may at any time, enter upon the License Area, except for the Shelter locations, covered by this Agreement for the purpose of installing, maintaining, relo cating, altering, enlarging, repairing, or inspecting any utility, facility, or public work thereon; provided that if the Parties have entered an agreement for the City’s use of the System, as described in Section 2.8, the City will require its contractors and agents to indemnify SiFi , as a third party, for any damages to the System, Improvements and Facilities caused by the negligence of the City contractors or its agents. (viii) Subject to the below, SiFi shall restore or cover the cost to restore, in its discretion, damaged or disturbed surfaces or underground utilities at or adjacent to the License Area to substantially the same as the original condition. Restoration shall be carried out immediately after construction or as otherwise reasonably directed by the City as provided for in the permit. Any damage not repaired by SiFi or its contractors, but excluding re pairs performed by other third parties, to the reasonable satisfaction of the City shall be a cause to suspend any construction operations on the System within the City’s limits until the unsatisfactory repairs are completed to be reasonably satisfactory to the City or termination of this Agreement pursuant to Section 8 below. Where SiFi or its contractor use microtrenching and such microtrenching directly results in cracking of the surrounding roadway emanating from the microtrench of the existing roadway creating loose pieces of roadway larger than 1 inch then such loose pieces will be removed and the affected area will restored with cementitious slurry fill and over band seal.

Specific details for repair of floating islands of pavement of 12 -24” wide will be inclu ded in the project plans that may include 2” grind of pavement and asphalt concrete overlay. (ix) SiFi will provide City with not less than thirty (30) spray cans with Cabinet matching color paint, which the City can use to spray paint over any graffiti on any Cabinet. SiFi shall also provide product information for the Cabinet matching paint color such that the City may secure additional paint if needed. If City is unable to remove or cover such graffiti, City may request SiFi's assistance by providing written notice and SiFi shall use commercially reasonable efforts to remove the graffiti within fourteen (14) days of such notice. Should such graffiti not be removed by SiFi or its contractor to the satisfaction of the City within said fourteen (14) days, the City may cause the graffiti to be removed and may submit an itemized statement to SiFi of the costs incurred by the City for such removal. Upon receipt of a demand for payment by City, SiFi must reimburse City for those costs within thirty (30) days of receipt of the invoice. (x) The System and all of its parts and components which are installed and constructed by SiFi in the License Area shall at all times be and remain the property of SiFi, except as otherwise provided for herein.
(xi) Subject to City’s right and authority to manage the Public Way, and as may be provided for or allowed by any issued construction or encroachment permit issued under this Agreement, City shall not install or construct, or permit the installation or construction of, any structures, improvements or obstructions on or over the License Area that unreasonably interferes with SiFi Network’ access to, use and possession of the License Area, nor shall City otherwise Attachment "1"
102
Item13.

Page 7 of 26 ends

unreasonably impede, disturb, interfere with, or restrict, SiFi’s access to, use and possession of, the License Area.

2.4 Exclusivity. Until after the first annive rsary of the Effective Date , and only to the extent allowed by law, and provided that the Parties have entered into an agreement for the City’s use of the System as described in Section 2.8, the City shall not solicit any third party regarding any competing fiber optic cable system within the City’s Boundary, subject to any obligation or requirements imposed upon the City in its capacity as a land use authority under federal or state law or regulation . Notwithstanding the above, the City may allow i nstallation of fiber optic cables by any franchisee of the State’s Public Utility Commission , an established internet service provider with an existing franchise agreement with the City as of the Effective Date, with the State to operate within the City, or as otherwise required by law.

2.5 Efficient Permitting Process.

During the Term, the City will use its best efforts to provide efficient and diligent good faith review of all applications for permits by SiFi and/or its contractors, to the extent reasonably possible and to the extent permits are necessary, including permits or other necessary items for construction work on the System within the Public Way. SiFi agrees to reimburse the City for additionally incurred review costs including the temporary hiring of: a permit technician to process the permits, a utility engineer to review and approve plans in accordance with City Policies and requirements, and a construction manager/inspector to manage the inspection process for the City in connection with this expedited permitting process. Conditioned upon SiFi’s reimbursement of the City’s costs pursuant to Section 2.6 , and subject to sufficient staffing levels, the City agrees to process and will endeavor to meet the timeframes below in connection with all applications for permits by SiFi and/or its contractors in connection with this Agreement:
(i) Within two (2) business days of submittal by SiFi and/or its contractors of an application or other request for a permit in connection with this Agreement, the City will provide written acknowledgment to SiFi and/or its contractor confirming receipt of such submittal; and
(ii) Within five (5) business days of submittal by SiFi and/or its contractors of an application or other request for a permit in connection with this Agreement, the City will either acknowledge in writing that such application is properly submitted and complete, or in the event such application is not properly su bmitted and complete, provide SiFi and/or its contractors with a detailed written explanation of any deficiencies. Upon curing any such deficiencies, the City will undertake an expedited review of the application per the timelines specified herein; and
(iii) Within fifteen (15) calendar days of a reasonably sufficient submittal by SiFi and/or its contractors of an application or other request for a permit in connection with this Agreement, the City will provide written notification of initial review and provide in writing to SiFi and/or its contractors a detailed explanation of any additional information needed for the City to complete its review process. In the event no additional information is needed, the City shall so notify SiFi and/or its contractors in writing; and
(iv) Within twenty-one (21) calendar days of a sufficient submittal by SiFi and/or its contractors of an application or other request for a permit in connection with this Attachment "1"
103
Item13.

Page 8 of 26 ends

Agreement, the City will provide final approval and issue any necessary appr oval or permits to SiFi and/or its contractors. In accordance with applicable City policies and procedures, permits shall be issued by Work Zone; however, SiFi shall be allowed to submit permits for and construct multiple Work Zones simultaneously, subject to the City Engineer’s approval, which shall not be unreasonably withheld, delayed or conditioned.

The engineering details provided in Exhibit A are the typical details that may or may not change during the final engineering design process.

Nothing herein shall be construed as a promise, warranty, or guarantee of approval of any permit, license, or other land use approval which may be required.

SiFi is responsible for obtaining all other Agency or Public Utility permits or rights-of-entry permits outside of the purview of the City. Neither Party shall be held liable for delays caused by other agencies’ or parties’ permitting requirements.

2.6 Processing Fees. Prior to the submittal of the first permit application by SiFi, and pursuant to City policy and standards, the City and SiFi will enter into an agreement to establish a Developer Deposit Account (“DDA”) to cover the cost of plan review, inspection, staff time, construction management, and the cost of efficient and timely water and wastewater utility markings by the City within, but no later than, three (3) business days from SiFi’s request for such markings. The City will notify SiFi in writing to replenish the DDA once the account reaches the threshold specified in the agreement. The initial deposit for the DDA will be set forth in the agreement at the time of signing.

2.7 Fees, Expenses and other Charges. Except as expressly set forth herein, each Party shall bear and be responsible for all of its own costs, fees and expenses incurred in executing and performing this Agreement. The City agrees that City bonding and insurance requirements may be satisfied by bonds and insurance coverage provided as part of the encroachment permit application and supplied by the Construction Contractor (as principal) performing the construction of the System. Such bonds and insurance documentation to be supplied prior to the start of Construction. Notwithstanding anything to the contrary contained in this Agreement, t he provisions of this Section 2.7 will survive expiration or termination of this Agreement.

2.8 Use Agreement. Within six months of the Effective Date, the Parties agree to commence negotiations in good faith regarding terms for the City’s use of the System for governmental internal data communication and non-retail purposes at rates substantially less than current market rates.

SECTION 3

3. The System.

3.1 System Description. SiFi will install the System within the Boundary using the Public Way and shall use good faith efforts in order to install the System in unincorporated San Diego County areas located within the Boundary. As part of the System, SiFi will deploy a 10Gbps XGSPON fiber optic cable network, throughout the Boundary. It shall begin from the Shelter to the applicable Cabinet in the Public Way and then connect to the private Premises Wall for each applicable Primary Premise. Service providers connecting the System will be able to set Attachment "1"
104
Item13.

Page 9 of 26 ends

symmetrical baseline internet speeds of up to ten (10) Gbps to retail subscribers. The City acknowledges and agrees that SiFi has the right to install the System within the Boundary using the Public Way in order to make the delivery of Service over the System available to all Primary Premises within the Boundary, subject to the terms and conditions of this Agreement. The Parties acknowledge and agree that there is no agreed design or configuration of the actual location of the System within the Public Way at this time and that SiFi shall submit such designs specification, plan and associated details to the City for approval when ready. The City will work with SiFi to approve the physical location of the fiber optic cable and other equipment and components of the System in, on, over, under, upon, across, or along the Public Way and from the Public Way to the Premises Wall.

3.2 Certain Permit Rights and Obligations. SiFi is deemed to have approval to locate the System within the Boundary, subject to applicable permits including but not limited to encroachment, licenses, or other forms of plan review and approval or authorization necessary to construct, install, operate, maintain, replace, reconstruct, or repair the System, or any part thereof, during the term of this Agreement and any extensions. Construction and installation of the System shall be performed in a safe manner using materials of good quality. City will not issue additional permits if SiFi remains in an uncured material breach of this Agreement. Unless approved by City Engineer, all permits shall provide for and allow SiFi and its contractors operational hours as described in Section 3.3 below. SiFi will adhere to all City building code and other applicable City requirements; provided, however in the event of an inconsistency or conflict between the permission granted to SiFi pursuant to this Agreement and a City building code provision, the City building code provision will be interpreted in a manner that supports the objectives and intent of this Agreement.

3.3 Working Hours. City agrees SiFi's contractors working hours are Monday through Friday from 7:00 AM to 5:00 PM on residential streets; provided that, work will be performed as specified below:
• 7AM - 9AM Toolbox talks / Prep / Move to site, etc.
• 9AM - 3PM Microtrenching / Reinstatement/Handholes / Laterals, etc. • 3PM - 5PM Site clean-up, etc.
• 5PM off-site. All material stockpiles, equipment, and contractor equipment to be completely removed from the public right-of-way by 5 p.m. • Arterial streets work hours are limited from 9AM to 3PM. • Work within 1,000 feet of a School Zone subject to review and approval of City Engineer.
• Work on Saturdays and City Holidays requires City pre-approval and if approved may be allowed between the hours of 9 AM to 3PM to perform punch list repairs and other clean-up activities only.

Attachment "1"
105
Item13.

Page 10 of 26 ends

SECTION 4

4. Construction and Facilities.

4.1 The City acknowledges that SiFi and its contractors intend to use varying construction techniques for the System Construction and deployment, which may include any of the following, and which shall comply with the City’s Excavation and Right-of-Way Encroachment Policy:
(i) traditional open trench and/or directional boring;
(ii) slot cut Microtrenching as set forth in the specifications set forth in Exhibit A to this Agreement;
(iii) the use of a ground penetration radar system as the primary method for identifying underground utilities prior to any Microtrenching; (iv) techniques ancillary or related to the foregoing.

Subject to review of each Work Zone permit, or sub-permits as may be required, the City hereby approves each of the above referenced construction methods and the specifications in Exhibit A and agrees to work cooperatively with SiFi in reviewing all other potential construction methods and System locations in the event of conflict with the City’s Excavation and Right-of-Way Encroachment Policy.

4.2 Location of Equipment/Facilities.

4.2.1 Facilities. During the Term, the City shall provide SiFi, as needed, with access to and use of the Facilities for the installation and operation of up to three (3) SiFi’s Shelters (enclosed area of approximately one thousand (1,000) square feet per location for each Shelter) subject to a separate lease, easement or another suitable agreement to be negotiated in good faith between the parties including payment by SiFi of fair market value for the use and occupancy of each such Shelter Facility on City-owned land.

4.2.2 Shelters and Cabinets Locations. SiFi will identify and provide to the City a selection of suitable sites, which the City and SiFi agree to cooperatively review. However, City has sole and absolute but reasonable discretion to reject a proposed location; provided that, the City will use reasonable efforts to offer suitable alternative locations. SiFi agrees to provide engineering designs including intended locations of the Shelters and Cabinets required for the System to the City prior to Construction in accordance with City's permitting process.

SECTION 5

5. Oversight and Regulation by City.

5.1 Oversight of Construction. In accordance with applicable law, the City shall have the right to oversee, inspect and approve the Construction of the System in the Public Way.

Attachment "1"
106
Item13.

Page 11 of 26 ends

5.2 Compliance with Applicable Laws and Orders. SiFi shall, at all times during the Term, be subject to and comply in all material respects with all applicable federal, state and local laws and orders from government agencies and courts of competent jurisdiction.

SECTION 6

6. Insurance.

6.1 SiFi and its contractor s shall procure and maintain from the date of start of Construction for the duration of the term of the Agreement, appropriate insurance for the services SiFi or its contractor performs, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the SiFi, its agents, representatives, employees, or subcontractors.

6.2 Minimum Scope and Limit of Coverage . Coverage shall be at least as broad as:

A. Commercial General Liability (CGL) : Insurance Services Office (ISO) Form CG 00 01 covering CGL 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. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Coverage shall include blanket contractual liability and broad form property damage, premises, operations, explosion, collapse, underground hazard (commonly referred to as “X”, “C” and “U” coverages B. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $ 1,000,000 per accident for bodily injury and property damage.

C. Workers’ Compensation: W orkers Compensation insurance as required by the State, with Statutory Limits, and Employers’ Liability insurance with a limit of no t less than $1,000,000 per accident for bodily injury or disease.

D. Excess Liability Insurance . In an amount not less than Five Million Dollars ($5,000,000.00) applying in excess over all limits and coverages noted in paragraphs A, B and C above.

E. Professional Liability. Professional Liability with limits not less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract work.

F. Pollution: Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. If the services involve lead-based paint or asbestos identification/remediation, the Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, t he Contractors Attachment "1"
107
Item13.

Page 12 of 26 ends

Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

If the Contractor or SiFi maintains broader coverage and/or higher limits than the minimums shown above for all policies in paragraphs A through F inclusive, above , the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor or SiFi. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City to the extent necessary to cover any actual damages suffered by the City.

6.3 Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, SiFi shall cause the insurer to reduce or eliminate such self -insured retentions as respects the City, its officers, officials, employees, and volunteers; or SiFi shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

6.4 Other Insurance Provisions:

A. Additional Insured . The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of SiFi including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of SiFi. General liability coverage can be provided in the form of an endorsement to the SiFi’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

B. Primary Insurance. For any claims related to this project, SiFi’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the SiFi’s insurance and shall not contribute with it.

C. Notice of Cancellation. SiFi shall provide prompt written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self -insured retention is increas ed. In the event of any cancellation or reduction in coverage or limits of any insurance, SiFi shall forthwith obtain and submit proof of substitute insurance.

D. Builder’s Risk (Course of Construction) Insurance . SiFi may, if requested by the City, submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.

If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes , machinery , and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, Attachment "1"
108
Item13.

Page 13 of 26 ends

machinery, or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.

E. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

F. Waiver of Subrogation. SiFi hereby agrees to waive rights of subrogation which any insurer of SiFi may acquire from Contractor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

G. Verification of Coverage . SiFi shall furnish , upon request, the City with Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before the date of the start of Construction. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

H. Contractor/Subcontractors. SiFi shall require that the Contractor and all subcontractors maintain insurance meeting all requirements stated herein, as applicable to the scope of their respective services, and SiFi shall require the Contractor and all the subcontractors to list City as an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

I. Special Risks or Circumstances . City reserves the right to modify , at any time, these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

J. Maintenance Obligation. From the C ommencement of Construction and throughout the Term of this Agreement, SiFi, and its successors and assigns, shall be obligated to maintain and restore the condition of the Public Way directly impacted by the Construction of the System and such obligation shall be supported by cash in escrow, subject to a mutually agreed escrow agreement, in an aggregate annual amount of not less than one million dollars ($1,000,000.00) and following Substantial Completion as determined by the Cit y, SiFi shall maintain a cash account managed by the City of not less than fifty thousand dollars ($50,000) , which shall be subject to said escrow agreement or subject to a separate escrow agreement, as the case may be. SiFi may replace the initial one m illion dollars ($1,000,000) cash in escrow with either: (i) a maintenance bond in accordance with the City’s bonding requirements, or (ii) an irrevocable letter of credit from a financial institution approved by the City.

Attachment "1"
109
Item13.

Page 14 of 26 ends

SECTION 7

7. Parties' Obligations.

7.1 Obligations of the City. In addition to all other duties and obligations contained elsewhere in this Agreement, City has the following duties and obligations:
(i) Provide a single point of contact (“SPOC”) for SiFi, which SPOC will be responsible to address all issues related to the System, providing coordination with and act as a liaison to City departments, and serving as a communication and troubleshooting resource for SiFi.
(ii) To the extent feasible, offer the full cooperation of all City departments with respect to relevant issues with respect to the System. Such cooperation will be supervised by the SPOC.
(iii) Participate in regular status meetings for the coordination of all matters related to the System.
(iv) Provide efficient and diligent, as specified in Section 2.5, good faith review of all applications for permits submitted by SiFi or its representatives or contractors, including permits or other necessary items for construction work on the System within the Public Way.
(v) In the event emergency repairs by the City or its contractors in the Public Way are necessary, coordinate the repairs with SiFi, any utilities or other users of the Public Way, in order to facilitate prompt repairs, such coordination to be supervised by the SPOC and the SPOC shall keep SiFi continually apprised of the status of such repairs. (vi) Except in case of emergency, City will provide SiFi with a least thirty (30) days advance notice of any work in the Public Way that requires the relocation of the System.

In addition, where feasible, the City will provide SiFi with an opportunity to access the System at the time of the excavation in the Public Way by others. (vii) City shall and shall require its contractors to exercise reasonable care when performing work in the Public Way to protect SiFi’s System, and City shall be liable to SiFi for any damages to the System resulting from City’s or its contractors’ negligence or willful misconduct; provided, however, that City shall have no liability for damages resulting from inaccuracies in the as-built drawings provided by SiFi pursuant to Section 7.2(iv). (viii) City agrees that SiFi shall have the right , subject to the terms and conditions herein, to construct and maintain the System on recently resurfaced public streets. (ix) City hereby agrees that access to and from the FAB and/or or Toby Box to extend the Drop to a Premise does not require permits from the City.

7.2 Obligations of SiFi. In addition to all other duties and obligations contained elsewhere in this Agreement, SiFi has the following duties and obligations:

Attachment "1"
110
Item13.

Page 15 of 26 ends

(i) Work closely with the SPOC of the City and relevant City departments with respect to the construction of the System. (ii) Comply with all requirements of City for permit and Public Way use applications, to the extent they may be required.
(iii) Maintain or provide for the maintenance of the System. (iv) To comply with all state, federal and local laws relating to economic sanctions in response to Russia’s actions in Ukraine including , but not limited to , California Governor Gavin Newsom’s Executive Order (EO) N-6-22 and the U.S Department of Treasury sanctions referenced therein.
(v) Provide to the City the following, upon its prior written req uest but no more on an annual basis, unless specifically identified below, the following:
(a) All initial drawings as GIS data files (as defined in the City of Escondido GIS Data Standard) along with a Project Report (as defined in Section 4.5 of the City of Escondido GIS Project Requirements);
(b) Weekly/monthly/quarterly updated GIS data files, along with an updated Project Report as defined in Section 4.5 of the City of Escondido GIS Project Requirements);
(c) “Redline” drawings (as defined in Section 4.5 of the City of Escondido GIS Project Requirements) of other City assets that are different to an approved permit;
(d) Email and phone support for GIS data transfer efforts, redline asset edit advisories, and the QAQC of GIS data (as defined in Section 3.2 of the City of Escondido GIS Project Requirements); and
(e) Reimbursement via the DDA referenced in paragraph 2.6 for GIS data transfer costs, including the temporary hiring of a GIS Technician to process the incoming GIS data, if required;
(vi) SiFi and its contractors shall register with the State’s safe excavation notification system.
(vii) When work to be performed by the City or its contractors is reasonably required to be within two inches (2”) radius from the SiFi System in accordance with industry standards (“Conflict”), City shall provide SiFi with not less than sixty (60) days written notice of such Conflict, except in case of emergency, and City shall provide all reasonable accommodations including excavating to the SiFi impacted facilities as reasonably requested by SiFi to allow and facilitate coordination with the City contractor in order for SiFi to protect, or to temporarily or permanently relocate the impacted portion of the System; provided that, SiFi shall bear the direct reasonable cost for additional delays or costs incurred by the City for such Conflict work, and City will not be liable to SiFi for any resulting damages to the System.

Attachment "1"
111
Item13.

Page 16 of 26 ends

If, after its receipt of a Conflict relocation notice per the preceding paragraph, SiFi fails or refuses to relocate, within the time period identified in such notice, its facilities located in, on, upon, along, under, over, across or above any Public Way or to pave, surface, grade, repave, resurface or regrade as required, pursuant to any provision of the Agreement, the City or other public entity may cause the work to be done and will keep an itemized account of the entire cost thereof, and SiFi shall hold harmless the City, its officers and employees from any liability, claims or damages which may arise or be claimed to arise from the moving, cutting, or alteration of any of SiFi’s facilities, or the turning on or off of water, oil, or other liquid, gas, or electricity. In addition, SiFi agrees to, and shall, reimburse the City for such cost within forty -five (45) days after presentation to SiFi of an itemized account of such costs. (viii) SiFi shall be solely responsible for all repairs, maintenance, and adjustments to the System; provided that City will require its contractors and agents to indemnity SiFi, as a third party, for any damages to the System, Improvements and Facilities caused by City contractors or its agents.
(ix) SiFi and/or SiFi’s contractors will provide the following response times in connection with repairs based upon one of the following categories:
(1) Non-life-threatening Emergency Response (“NON-LTER”) (a) Description: Curb and gutter projects, and utility
(including telecomm unications) projects requiring relocation, repair, or replacement that are impacted by the SiFi System and/or may impact the SiFi System, provided that any such NON-LTER repair is subject to the then current California Dig Safe laws and regulations, and al l other applicable laws and regulations.
(b) SiFi response time: On-site within five (5) days.
(2) Life Threatening Emergency Response (“LTER”)
(a) Description: Break or hit in the main gas, main
electric, main water, or main sewer or storm line in the Public Way that has an immediate and direct impact to the traveling safety of the public in or around the Public Way, and wherein the City’s ability to implement repairs is impacted by the SiFi System and/or City repairs may impact the SiFi System.
(b) SiFi contractor’s response time: On -site within
twenty-four (24) hours.
(x) Prior to the date of start of Construction, SiFi shall provide the name and contact information of a representative whose responsibility shall be to field public inquiries or complaints relative to system Construction. This person’s contact information shall be included on any Construction notifications disseminated to the public. The person shall be available to answer public inquiries during SiFi’s contractor’s working hours. SiFi shall inform the City of changes to the designated contact person within five business days of such change.

Attachment "1"
112
Item13.

Page 17 of 26 ends

(xi) SiFi, through its FiberCity® Aid Program, will pro vide internet service providers (“ISPs”) providing services over the System with a reduced wholesale rate to encourage and enable such ISPs, subject to ISPs participation, to provide low-cost gigabit internet service to a number of qualified low -income sub scribers, by applying subscriber qualification criteria established by the City in its discretion, not to exceed six thousand four hundred eighty (6,480) of all residential Primary Premises.
(xii) SiFi will facilitate the City’s use of the System for governmental internal data communication and non -retail purposes at rates substantially less than current market rates pursuant to the agreement described in Section 2.8.

SiFi recognizes the importance of cyber and network security and strives for continuo us improvement in all its systems. Therefore, the security systems and protocols of SiFi’s network operators and ISPs are considered in selecting the partners that meet industry standards.

SECTION 8

8. Breach; Rights and Remedies; Termination; Indemnification.

8.1. SiFi Breach or Default. In the event the City believes that SiFi has not complied with or is otherwise in default with regard to any material term of this Agreement, the City shall promptly notify SiFi in writing with specific details regarding the exact nature of the alleged noncompliance or default (a “City Breach Notice”). The failure to promptly provide such notice, however, shall not act as a waiver of any rights and remedies of the City hereunder unless and only to the extent that SiFi is materially prejudiced by such failure. City agrees that it shall not issue a City Breach Notice and shall not raise any claims for breach against SiFi, if such breach would not have occurred or such claim would not have been raised had the City issued a permit(s) required and when required, when SiFi has provided the reasonably required information for such a permit, to construct the System or any part thereof to SiFi or its contractor(s).

8.1.1 SiFi’s Right to Cure or Respond. SiFi shall have forty-five (45) days from its receipt of a City Breach Notice (the “Initial SiFi Cure Period”) to:
(i) respond to the City, contesting the assertion of noncompliance or default and in such event the Parties shall use commercially reasonable efforts to promptly resolve such contest and to the extent the Parties are unable to resolve such contest within thirty (30) days of SiFi’s response, each Party shall be entitled to seek any and all rights and remedies available to it at law or in equity to resolve such contest; or (ii) cure an actual default or noncompliance; provided, however, in the event that the default is curable but due to the nature of the default or noncompliance, such default or noncompliance cannot be cured within the Initial SiFi Cure Period, so long as SiFi initiates reasonable steps to remedy and continuously and diligently uses all reasonable efforts to cure such default or noncompliance promptly and notifies the City of the steps being taken and the projected date that they will be completed, the Initial SiFi Cure Period shall be extended for a reasonable amount of time to permit such cure but not to exceed ninety (90) days from SiFi’s receipt of a City Breach Notice (the “Extended SiFi Cure Period” and together with the Initial SiFi Cure Period, the “SiFi Cure Period”).

Attachment "1"
113
Item13.

Page 18 of 26 ends

8.1.2 City Rights and Remedies.
(i) Except as provided in Section 8.1.2(ii), below, which shall control in connection with the events described therein, if SiFi fails to cure any actual noncompliance or default as provided in Section 8.1.1(ii) above within the SiFi’s Cure Period, the City may:
(a) seek specific performance of any provision of
this Agreement which lends itself to such remedy as an alternative to money damages;
(b) seek money damages from SiFi; or
(c) in the event of the breach of, noncompliance
with or default under any material term of this Agreement, terminate this Agreement and seek any and all rights and remedies available to it at law or in equity.
(ii) In the event of termination of this Agreement City shall allow SiFi to continue all network operations necessary to maximize use of the existing FON in accordance with this Agreement. The City shall however have authority over all extensions of the FON in the Public Way. In the event City elects to permit SiFi to cont inue all network operations, such permission may include mutually agreed and executed amendment of this Agreement, including but not limited to a requirement for additional compensation to be mutually agreed upon by City and SiFi.

8.2 City Breach or Default. In the event SiFi believes that the City has not complied with or is otherwise in default with regard to any term of this Agreement, SiFi shall promptly notify the City in writing with specific details regarding the exact nature of the alleged noncompliance or default (a “SiFi Breach Notice”). The failure to promptly provide such notice, however, shall not act as a waiver of any rights and remedies of SiFi hereunder unless and only to the extent that the City is materially prejudiced by such failure.

8.2.1 City's Right to Cure or Respond. The City shall have forty-five (45) days from its receipt of a SiFi Breach Notice (the “City Cure Period”); provided that the City Cure Period for a failure of the City to review permit applications and issue a permit(s) necessary to construct the System as required under Section 3.2 (a “Permit Issuance Breach”) shall be seven (7) days from its receipt of a SiFi Breach Notice to:
(i) respond to SiFi, contesting the assertion of noncompliance or default and in such event the Parties shall use commercially reasonable efforts to promptly resolve such contest and to the extent the Parties are unable to resolve such contest within thirty (30) days of the City’s response, each Party shall be entitled to seek the rights and remedies provided herein; or
(ii) cure an actual default or noncompliance; provided, however, in the event that the default is curable but due to the nature of the default or noncompliance, such default or noncompliance cannot be cured within the City Cure Period, so long as the City initiates reasonable steps to remedy and continuously and diligently uses all reasonable efforts to cure such default or noncompliance promptly and notifies SiFi of the steps being taken and the projected date that they will be completed, the City Cure Period shall be extended for a reasonable Attachment "1"
114
Item13.

Page 19 of 26 ends

amount of time to permit such cure but not to exceed ninety (90) days from the City’s receipt of a SiFi Breach Notice (the “Extended City Cure Period”); provided further, however, no Extended City Cure Period shall apply to a Permit Issuance Breach.

8.2.2 SiFi Rights and Remedies. If the City fails to cure any actual noncompliance or default as provided in Section 8.2.1(ii) above within the applicable City Cure Period, the City shall not be liable for money damages, and SiFi’s sole and exclusive remedies are to:
(i) seek specific performance of any provision of this Agreement; or (ii) terminate this Agreement.

8.3 Additional Rights to Terminate.

8.3.1 At any time prior to commencing Construction, SiFi shall have the immediate right, at its option, upon written notice to the City to terminate this Agreement.

8.3.2 A Party shall have the right, at its option, upon notice to the other Party to terminate this Agreement if the other Party becomes (i) insolvent, admits in writing its inability to pay its debts as they mature, makes an assignment for the benefit of creditors, or becomes subject to direct control of a trustee, receiver or similar authority, or (ii) subject to any bankruptcy or insolvency proceeding under federal, state or foreign statutes which is not rescinded or dismissed within thirty (30) days.

8.4 Indemnification.

8.4.1 SiFi represents and warrants that to the extent of its knowledge it does not require any state and federal regulatory authorizations to construct, operate, maintain and manage the System. SiFi agrees to defend, indemnify and hold the City, its officials, officers, employees free and harmless from any and all claims, demands, penalties or proceedings resulting from any breach of this warranty or in connection with SiFi’s compliance with state and federal laws and regulations applicable to installation, maintenance and operation of the System.

8.4.2 SiFi shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner which actually or allegedly arise out of or are incident to any alleged acts, omissions, negligence or willful misconduct of SiFi, its officials, officers, employees, agents, and subcontractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all attorney’s fees and other related costs and expenses except where caused by the active negligence, sole negligence, or willful misconduct of the City its officers, officials, employees and volunteers. SiFi shall defend, at its own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its directors, officials, officers, employees, agents or volunteers. SiFi shall pay and satisfy any judgment, award or decree, including an award of attorney’s fees, that may be rendered against the City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. SiFi shall reimburse the City, its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. SiFi’s obligation to indemnify shall not be Attachment "1"
115
Item13.

Page 20 of 26 ends

restricted to insurance proceeds, if any, received by the City its officials, officers, employees, agents or volunteers.

8.5 Limitation of Liability. EXCEPT WITH RESPECT TO SiFi’s INDEMNITY OBLIGATIONS UNDER SECTION 8.4, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE

OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, RELIANCE,

OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING ANY LOST SAVINGS OR HARM TO BUSINESS. EACH PARTY HEREBY RELEASES THE OTHER PARTY

AND ITS AFFILIATES A ND THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS,

MEMBERS, EQUITY AND DEBT HOLDERS, PARTNE RS, EMPLOYEES, CONTR ACTORS

AND REPRESENTATIVES AND THEIR HEIRS, SUC CESSORS AND ASSIGNS , FROM CLAIMS FOR ANY SUCH DAMAGES. SiFi per occurrence liability under this Agreement shall be limited to the higher of five million dollars ($5,000,000) or the amount of available applicable insurance coverage. Notwithstanding anything to the contrary contained in this Agreement, t he provisions of this Section 8.5 will survive expiration or termination of this Agreement.

SECTION 9

9. Disputes.

9.1 For all claims, disputes or controversies arising out of, or in connection with, the breach, interpretation, application, or enforcement of this Agreement, or arising out of, or in connection with, the System which cannot be settled through negotiation, the Parties agree first to try in good faith to settle the matter by mediation in San Diego County prior to commencing litigation.

9.2 All claims, disputes or controversies arising out of, or in connection with, the breach, interpretation, application, or enforcement of this Agreement, or arising out of, or in connection with, the System, not resolved informally or through mediation shall be decided in a court of law. The sole and exclusive venue for all claims, disputes or controversies arising out of, or in connection within the breach, interpretation, application, or enforcement of this Agreement, or arising out of, or in connection with, the System, shall be the United States District Court with applicable federal jurisdiction for the City or, if there is no federal court jurisdiction, in San Diego Superior Court, North County branch.

SECTION 10

10. Miscellaneous Provisions

10.1 Assignment. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and each of their respective successors and assigns as provided herein. The City shall not be permitted to assign, sell or transfer this Agreement, or its rights and duties under this Agreement, without the prior written consent of SiFi, which consent shall not be unreasonably withheld, conditioned, or delayed. SiFi shall have the right to assign, novate, sell, encumber, or transfer this Agreement and the System or any part thereof, without the consent of the City to SiFi’s principal, affiliates, subsidiaries, subsidiaries of its principal or any entity which acquires all or s ubstantially all of the SiFi's assets in the market by reason of a merger, acquisition, or other business reorganization, provided such assignee, purchaser, or transferee (i) has all appropriate licenses , to the extent SiFi’s licenses, permits and approvals cannot be assigned or transferred, for the operation, management, and maintenance of the Attachment "1"
116
Item13.

Page 21 of 26 ends

facilities contemplated herein , and (ii) has sufficient financial resources to fulfill all applicable terms and obligations under this Agreement. At least thirty (30) days prior to the effective date, or as soon as practicable, of any such assignment, sale or transfer, SiFi shall provide City with a fully executed copy of the assignment, sale or transfer document, signed by both Si Fi and assignee/purchaser/transferee, indicating the assignee's/purchaser's/ transferee's assumption of all of SiFi's performance duties, liabilities and obligations under this Agreement. SiFi shall not be relieved of its performance duties, liabilities or obligations under this Agreement until City is in receipt, of a fully executed copy of the document evidencing such assignment of the obligations herein and the assignee’ s/purchaser’s/transferee’s assumption of SiFi’s performance duties, liabilities, and obligations under this Agreement. SiFi may not otherwise assign this Agreement or the System without City’s consent, City’s consent not to be unreasonably withheld, conditioned, or delayed. Upon any such City-approved assignment, sale, transfer, or novation, SiFi shall be released from all obligations and liabilities under this Agreement from and after the date of such assignment. SiFi shall give the City fourteen (14) days' advance written notice of such assignment, sale, transfer or novation disclosing the identity of the Person to whom it has been assigned, transferred, sold or novated. The City agrees from time to time to promptly deliver (and in no event later than thirty (30) days after request by SiFi) to SiFi an estoppel certificate addressed to the assignee, buyer or transferee designated by SiFi, affirming for the benefit of such buyer, assignee or transferee the following (to the extent that the following are then true):
the Agreement is in full force and effect; SiFi is not in default thereunder; and such other matters as such assignee, buyer or transferee may reasonably request.

10.2 Force Majeure. Except as otherwise expressly set forth in this Agreement, neither Party will be held in default under, or in breach or noncompliance with, the provisions of this Agreement, nor suffer any enforcement or penalty relating to noncompliance or default (including termination, cancellation or revocation of this Agreement), where such noncompliance or alleged defaults occurred or were caused by any of the following events (each a “Force Majeure Event”):
labor strike, riot, war, earthquake, flood, hurricane, health crisis, pandemic, drought, tornado, unusually severe weather conditions, or other act of nature, labor disputes, failure of utility service necessary to construct the System, governmental, administrative or judicial order, or other event that is beyond the Party’s reasonable control. Force Majeure Events also include work delays caused by waiting for (i) utility providers to service or monitor their own utility infrastructure on which SiFi’s fiber optic cable and/or equipment may be deployed, as wel l as unavailability of materials and/or reasonably qualified labor to perform the work or (ii) third parties’ acts or omissions within the Public Way which materially interfere with the Parties’ ability to perform their obligations under this Agreement.

10.3 Notice. All notices and communications hereunder shall be in writing and shall be served upon the other party by hand delivery, nationally recognized overnight delivery service, United States certified mail, return receipt requested, or by electronic mail and addressed as follows:

IF TO THE CITY:

City of Escondido
201 N Broadway
Escondido, CA 92025
Attn: City Engineer
Email: [email protected]
Attachment "1"
117
Item13.

Page 22 of 26 ends

IF TO SIFI:

SiFi Networks Escondido LLC
103 Foulk Road, Suite 500
Wilmington, DE 19803
Email: [email protected]
or to such other address as such Party may hereafter specify for the purpose by notice to the other Party in the manner provided in this Section 10.3. All such notices, requests and other communications will be deemed received on the date of receipt if received prior to 5 p.m. on any business day in the place of receipt. Otherwise, any such notice, request or communication will be deemed not to have been received until the next succeeding business day in the place of receipt. Rejection or other refusal to accept or inability to deliver because of change of address of which no notice was given shall be deemed to be receipt of the notice.

10.4 Entire Agreement. This Agreement, including all Exhibits, embodies the entire understanding and agreement of the City and SiFi with respect to the subject matter hereof. This Agreement supersedes all other agreements whether written, verbal, or otherwise between SiFi and the City with respect to the subject of this Agreement.

10.5 Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement (which other terms and provisions shall remain in full force and effect) or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the Parties hereto shall negotiate in good faith to modify this Agreement so as to affect the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

10.6 Governing Law. This Agreement shall be deemed to be executed in the State and shall be governed in all respects, including validity, interpretation and effect, and construed in accordance with, the laws of the State as applicable to contracts entered into and performed entirely within the State, irrespective of conflict of laws principles.

10.7 Modification. This Agreement shall not be amended or otherwise modified, in whole or in part, except by an instrument, in writing, duly executed by the City and SiFi. For the avoidance of doubt, this Agreement cannot be amended or modified orally or by course of conduct, and no executory agreement, oral agreement or course of conduct shall be effective to amend or modify this Agreement in whole or in part.

10.8 No Third-Party Beneficiaries. Nothing in this Agreement or in any prior agreement is or was intended to confer third party beneficiary status on any party or Person not a party to this Agreement including a member of the public.

10.9 No Waiver of Rights. Nothing in this Agreement shall be construed as a waiver of any rights, substantive or procedural that SiFi or the City may have under federal or state law unless such waiver is expressly stated herein.

Attachment "1"
118
Item13.

Page 23 of 26 ends

10.10 No Rights to the System. The City expressly agrees that, except as expressly set forth in this Agreement, it does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the System, throughout the term of this Agreement. Except as otherwise provided herein, SiFi shall, at all times, retain title to and ownership of the System and all future extensions of the System, and shall have the right to lease the System or parts thereof to a provider of internet, data, voice, video and other services.

10.11 Representations and Warranties.

10.11.1 The City represents and warrants to SiFi that: (a) it has full authority (including the authority required by any applicable law, ordinance, rule or regulation) to enter into and perform this Agreement and the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby and thereby are within the right, power and authority of the City and have been duly authorized by all necessary action on the part of City, (b) this Agreement has been duly executed and delivered by the City and it constitutes a legal, valid and binding agreement of the City enforceable against the City in accordance with its terms (except as enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general principles of equity), and (c) the execution and delivery of this Agreement by the City and its performance hereunder and thereunder will not violate any law, ordinance, rule, or regulation applicable to the City.

10.11.2 SiFi represents and warrants to the City that: (a) it has full authority to enter into and perform this Agreement and the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby and thereby are within the power and authority of SiFi and have been duly authorized by all necessary action on the part of SiFi, (b) this Agreement has been duly executed and delivered by SiFi and it constitutes a legal, valid and binding agreement of SiFi enforceable against SiFi in accordance with its terms (except as enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general principles of equity), and (c) the execution and delivery of this Agreement by SiFi and its performance hereunder and thereunder will not violate any law, rule, or regulation applicable to SiFi.

10.11.3 OTHER THAN THE EXPLICIT REPRESENTATIONS AND

WARRANTIES MADE BY SIFI TO CITY UNDER THIS AGREEMENT, SIFI MAKES NO

REPRESENTATIONS OR WARRANTIES TO THE CITY OR ANY PERSON WITH RESPECT

TO THE SYSTEM (OR THE COMPONENTS THEREOF) AND HEREBY DISCLAIMS ANY AND

ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT

LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY

WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. TO THE EXTENT THAT SIFI MAY NOT AS A MATTER OF APPLICABLE

LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

10.12 No Third-Party Contractual Rights. Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either SiFi or the City.

10.13 No Partnership. Nothing in this Agreement shall be construed to create an employment, partnership, joint venture or agency relationship between the City and SiFi or any Attachment "1"
119
Item13.

Page 24 of 26 ends

other relationship other than a contractual relationship as expressly set forth in this Agreement.

Neither Party shall in any manner act or indicate to any third party that it is acting as the employee or agent of the other Party. SiFi shall at all times remain an independent contractor. Neither Party shall control or direct the day-to-day affairs of the other Party, or their mode or method of performing their respective obligations hereunder.

10.14 Headings. The headings and captions of this Agreement are solely for the convenience of the Parties and shall not be deemed to modify or vary any of the substantive terms thereof.

10.15 Construction. Each of the Parties acknowledge that each Party to this Agreement has been represented by counsel in connection with this Agreement. Legal or equitable principles that might require the construction of this Agreement or any provision hereof against the party drafting this Agreement shall not apply in any construction or interpretation of this Agreement and is expressly waived. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. The words “hereof”, “herein” and “hereunder” and words of like import used in this Agreement will refer to this Agreement as a whole and not to any particular provision of this Agreement. References to Articles, Sections, and clauses are to Articles, Sections and clauses of this Agreement unless otherwise specified. Any singular term in this Agreement will be deemed to include the plural, and any plural term the singular. Whenever the words “include”, “includes” or “including” are used in this Agreement, they will be deemed to be followed by the words “without limitation”, whether or not they are in fact followed by those words or words of like import. “Writing”, “written” and comparable terms refer to printing, typing and other means of reproducing words (including electronic media) in a visible form. References to any agreement or contract are to that agreement or contract as amended, modified or supplemented from time to time in accordance with the terms hereof and thereof. References to any Person include the successors and permitted assigns of that Person. References from or through any date mean, unless otherwise specified, from and including or through and including, respectively.

10.16 Counterparts. This Agreement may be signed in any number of counterparts, each of which will be deemed an original, with the same effect as if the signatures were upon the same instrument. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission (including PDF) shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

10.17 Further Assurances. Each Party agrees that it will execute and deliver such other documents and take such other action as may be reasonably requested by the other Party to effectuate the purposes and intention of this Agreement.

10.18 No Waiver. No provision of this Agreement may be waived unless such waiver is in writing and signed by the Party against whom the waiver is to be effective. No failure or delay by a Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach. [Signature Page to Follow]
Attachment "1"
120
Item13.

Attachment "1"
121
Item13.

Attachment "1"
122
Item13.

Page 26 of 26 ends

EXHIBIT A

SPECIFICATIONS, SHELTERS, CABINETS
Attachment "1"
123
Item13.

PAGE# 1
Attachment "1"
124
Item13.

PAGE# 2
Attachment "1"
125
Item13.

MICROTRENCH PATHWAY (TYP.)
S/W
EOP
FOC
VARIES18"
R/W
18"
S/W
EOP
FOC
R/W
℄
A.C. PAVEMENT

CATCH BASIN (STORM DRAIN)

TREATED AS UTILITY CROSSING
SEE NOTE BELOW.

CONCRETE CURB & GUTTERROADWAY

1.25" (TYP) - 2" (MAX)
TOTAL

REINSTATEMENT
COVER 8"

TRENCH DEPTH
12" MAX
1"-2" SAND COVER

REINSTATEMENT MATERIAL / FLOWABLE FILL
1/8 " Over Band Seal

WITH COLOR

MATCHING SAND
FINISH

ROADWAY WITH A CURB RETURN

ROADWAY

WITH A CURB
RETURN PAGE# 3
Attachment "1"
126
Item13.

S/W
℄
MICROTRENCH PATHWAY (TYP.)
A.C. PAVEMENT
EOP
FOC
VARIES18"
R/W
18"
S/W
EOP
FOC
R/W

CONCRETE CURB & GUTTERROADWAY

1.25" (TYP) - 2" (MAX)
TOTAL

REINSTATEMENT
COVER 8"

TRENCH DEPTH
12" MAX
1"-2" SAND COVER

REINSTATEMENT MATERIAL / FLOWABLE FILL
1/8 " Over Band Seal

WITH COLOR

MATCHING SAND
FINISH

ROADWAY

1.25" (TYP) - 2" (MAX)
TOTAL

REINSTATEMENT
COVER 8"

TRENCH DEPTH
12" MAX
1"-2" SAND COVER

ROADWAY

REINSTATEMENT MATERIAL / FLOWABLE FILL
1/8 " Over Band Seal

WITH COLOR

MATCHING SAND
FINISH

ROADWAY WITH CURB & GUTTER - VARIANT A

ROADWAY

WITH A CURB
RETURN VARIANT A PAGE# 4
Attachment "1"
127
Item13.

MICROTRENCH PATHWAY (TYP.)
S/W
EOP
FOC
VARIES18"R/W 18"
S/W
EOP
FOC
R/W
℄
A.C. PAVEMENT

12.5' MINIMUM RADIUS
2'x 1'
2" grind and cap

CONCRETE CURB & GUTTERROADWAY

1.25" (TYP) - 2" (MAX)
TOTAL

REINSTATEMENT
COVER 8"

TRENCH DEPTH
12" MAX
1"-2" SAND COVER

REINSTATEMENT MATERIAL / FLOWABLE FILL
1/8 " Over Band Seal

WITH COLOR

MATCHING SAND
FINISH

ROADWAY

1.25" (TYP) - 2" (MAX)
TOTAL

REINSTATEMENT
COVER 8"

TRENCH DEPTH
12" MAX
1"-2" SAND COVER

ROADWAY

REINSTATEMENT MATERIAL / FLOWABLE FILL
1/8 " Over Band Seal

WITH COLOR

MATCHING SAND
FINISH
℄

EXISTING COLD JOINT WITH
3-#4, 4' LONG DOWELS (TYP.)

DO NOT CUT
FLOW LINES (TYP.)
MICROTRENCH (TYP.)
MICROTRENCH (TYP.)S/W
EOP
FOC
VARIES18"
R/W
18"
S/W
EOP
FOC
R/W

SPANDREL SPANDREL
8' CROSS GUTTER
2' x 6"

ROADWAY WITH CURB AND GUTTER - VARIANT B

ROADWAY

WITH A CURB
RETURN VARIANT B PAGE# 5
Attachment "1"
128
Item13.

MICROTRENCH PATHWAY (TYP.)
S/W
EOP
FOC
VARIES18"R/W 18"
S/W
EOP
FOC
R/W
℄
A.C. PAVEMENT

12.5' MINIMUM RADIUS

12.5' MINIMUM RADIUS
2'x 1'
2" grind and cap
2'x 1'
2" grind and cap

CONCRETE CURB & GUTTERROADWAY

1.25" (TYP) - 2" (MAX)
TOTAL

REINSTATEMENT
COVER 8"

TRENCH DEPTH
12" MAX
1"-2" SAND COVER

REINSTATEMENT MATERIAL / FLOWABLE FILL
1/8 " Over Band Seal

WITH COLOR

MATCHING SAND
FINISH

ROADWAY

1.25" (TYP) - 2" (MAX)
TOTAL

REINSTATEMENT
COVER 8"

TRENCH DEPTH
12" MAX
1"-2" SAND COVER

ROADWAY

REINSTATEMENT MATERIAL / FLOWABLE FILL
1/8 " Over Band Seal

WITH COLOR

MATCHING SAND
FINISH

ROADWAY WITH CURB AND GUTTER - VARIANT C

ROADWAY

WITH A CURB AND
GUTTER VARIANT C PAGE# 6
Attachment "1"
129
Item13.

MICROTRENCH PATHWAY (TYP.)
S/W
EOP
FOC
VARIES18"
R/W
18"
S/W
EOP
FOC
R/W
℄
A.C. PAVEMENT
30'

12.5' MINIMUM RADIUS 12.5' MINIMUM RADIUS

CONCRETE CURB & GUTTERROADWAY

1.25" (TYP) - 2" (MAX)
TOTAL

REINSTATEMENT
COVER 8"

TRENCH DEPTH
12" MAX
1"-2" SAND COVER

REINSTATEMENT MATERIAL / FLOWABLE FILL
1/8 " Over Band Seal

WITH COLOR

MATCHING SAND
FINISH

ROADWAY

1.25" (TYP) - 2" (MAX)
TOTAL

REINSTATEMENT
COVER 8"

TRENCH DEPTH
12" MAX
1"-2" SAND COVER

ROADWAY

REINSTATEMENT MATERIAL / FLOWABLE FILL
1/8 " Over Band Seal

WITH COLOR

MATCHING SAND
FINISH

ROADWAY CROSSING

ROADWAY

CROSSING
PAGE# 7
Attachment "1"
130
Item13.

ROADWAY

5.5'

TREE BELT
4'

SIDEWALK

CONCRETE W/PAB

1.25" (TYP) - 2" (MAX)

TRENCH DEPTH
12" MAX
1"-2" SAND COVER

SOFT FILL
TOTAL

REINSTATEMENT
COVER 8"
MICROTRENCH PATHWAY (TYP.)
S/W
EOP
FOC
R/W
S/W
EOP
FOC
R/W
℄
A.C. PAVEMENT

CATCH BASIN (STORM DRAIN)

TREATED AS UTILITY CROSSING
SEE NOTE BELOW.
12" PIT

PUSH UNDER CURB
12" PIT

PUSH UNDER CURB
PAGE# 8
Attachment "1"
131
Item13.

ROADWAY
4'

SIDEWALK

CONCRETE W/PAB

1.25" (TYP) - 2" (MAX)

TRENCH DEPTH
12" MAX
1"-2" SAND COVER
TOTAL

REINSTATEMENT
COVER 8"

REINSTATEMENT MATERIAL / FLOWABLE FILL
MICROTRENCH PATHWAY (TYP.)
S/W
EOP
FOC
R/W
S/W
EOP
FOC
R/W
℄

CATCH BASIN (STORM DRAIN)

TREATED AS UTILITY CROSSING
SEE NOTE BELOW.
12" PIT
PUSH UNDER CURB 12" PIT

PUSH UNDER CURB
2" (TYP) - 6" (MAX)

TRENCH DEPTH

VARIES DUE TO

DEPTH OF REBAR
REBAR

VERIFY DEPTH LOCATION VIA GPR
SEE DETAIL BELOW.

CONCRETE

ROADWAY
1/8 " Over Band Seal

WITH COLOR

MATCHING SAND
FINISH
PAGE# 9
Attachment "1"
132
Item13.

TRENCH DEPTH
12" MAX
ROADWAY1"

MICRO DUCTS

TUNNEL UNDER ROADWAY
WITH HAMMER DRILL. MICRO
TRENCH STOPS 1" EACH

SIDE OF SHALLOW UTILITY
1"
1"-2" SAND COVER

TRAFFIC LOOP

VERIFY DEPTH LOCATION VIA GPR
SEE DETAIL BELOW.

MICROTRENCH

REINSTATEMENT MATERIAL /

FLOWABLE FILL
Over Band Seal

WITH COLOR

MATCHING SAND
FINISH
S/W
EOP
FOC
VARIES18"
R/W
S/W
EOP
FOC
R/W
℄

TUNNEL UNDER TRAFFIC LOOP

VERIFY DEPTH LOCATION VIA GPR
SEE DETAIL BELOW.

MICROTRENCH (TYP.)
MICROTRENCH (TYP.)
A.C. PAVEMENT

CONCRETE CURB & GUTTERROADWAY

1.25" (TYP) - 2" (MAX)
TOTAL

REINSTATEMENT
COVER *VARIES*

TRENCH DEPTH
12" MAX
1"-2" SAND COVER

TUNNEL UNDER ROADWAY WITH HAMMER DRILL

TRAFFIC LOOP

VERIFY DEPTH LOCATION VIA GPR
SEE DETAIL BELOW.

REINSTATEMENT MATERIAL /

FLOWABLE FILL
PAGE# 10
Attachment "1"
133
Item13.

CURB

STORM GRATE

FILTREXX SOXX

EXCESS SOXX MATERIAL

TO BE DRAWN IN AND TIED OFF TO
2X2 WOODEN STAKE (TYP.)
CURBSIDE OPTION "A" PLAN CURBSIDE OPTION "B" PLAN

MANHOLE
CURB

OPENING

OVERFLOW

GAPAGGREGATE
POUCH

CURB FILTER
STANDARD CHAmBER/INlET pROTECTION

STANDARD
CHAmBER/INlET
pROTECTION

CHAMBER

CHAMBER
PAGE# 11
Attachment "1"
134
Item13.
9' X 23'-7 1
4" SHELTER

CONCRETE FOUNDATION/SLAB
HVAC
26'-5 1
2"
13'
HVAC
TYpICAl AGGREGATION SHElTER
TYpICAl

AGGREGATION
SHElTER
PAGE# 12
Attachment "1"
135
Item13.

CONCRETE

PATHWAY
TYPICAL 12' WIDE ACCESS ROAD
(AS REQUIRED BY JURISDICTION)

CRUSHED ROCK

SURFACING OR GRASS

H-FRAME FOR POWER
XFRM

CRUSHED ROCK

SURFACING OR
GRASS
5"5'
9'
42'
23'
5"5'

FENCE/WALL
3-PHASE 400 AMP SUPPLY
9' X 23'-7 1
4"

AGGREGATION

SHELTER

CONCRETE FOUNDATION/SLAB

HVACHVAC
TYpICAl AGGREGATION SHElTER
TYpICAl

AGGREGATION
SHElTER
PAGE# 13
Attachment "1"
136
Item13.
30"x48"x36"

CHAMBER
30"x48"x36"

CHAMBER
(E) GRADE (E) GRADE

TO MICRO-TRENCHTO MICRO-TRENCH

MICRO-TRENCH ENTRYMICRO-TRENCH ENTRY

UNDERGROUND POWER IN
CONDUIT. TO POINT OF

CONNECTION TO BE VERIFIED
WITH UTILITY CO.

POWER CONDUIT FOR POWER
POWER FEED CONDUIT (TYP.)
4" CONDUIT SCH. 80 HDPE
36" MIN.
(TYP.)
36" MIN.
(TYP.)
MICRO TRENCH ENTRY NOTE:
· 4" DIAMETER PENETRATION
· 9" DOWN FROM TOP OF CHAMBER
· 6" IN FROM CORNER OF CHAMBER
4" CONDUIT SCH. 80 HDPE
HFRAME

AGGREGATION

SHELTER
12'X30' CONCRETE SLAB
PTS
3- PHASE 200 AMP SUPPLY
TYpICAl AGGREGATION SHElTER
ElEVATION VIEW
TYpICAl

AGGREGATION
SHElTER
ElEVATION VIEW
PAGE# 14
Attachment "1"
137
Item13.

NOKIA ALP-248

ELECTRONICS CABINET
PRECAST CONCRETE PAD 48"x72"
30"x48"x36"

CHAMBER
30"x48"x36"

CHAMBER

SIDEWALK,

WIDTH VARIES BY LOCATION
EOP
FOC
BOC
NOKIA ALP-248

ELECTRONICS CABINET
PTS

METER PEDESTAL

GRAVEL FILL, COMPACTED

EXISTING GRADE
PRECAST 6"

CONCRETE PAD

PRE-EXISTING GRADE
ORIGINAL SLOPE 1
2 " PER FOOT

CLEARANCE AREA

FOR SWING DOOR

CLEARANCE AREA

FOR SWING DOOR

PRECAST CONCRETE PAD
ELEVATION SHOWS AS EXAMPLE:
· 4' PARK/BEAUTY STRIP
· TYPE B1 6" CURB AND GUTTER
6'-0"
10"
50" 12"12" 1"-3/4"
25"
11"
26"
11"
48"
18"
11"
50" 11"12"
48"
6"
12"
46"
26"11" 6" 5"
TYpICAl CABINET DETAIlS
TYpICAl CABINET
DETAIlS
PAGE# 15
Attachment "1"
138
Item13.

NOKIA ALP-248

ELECTRONICS CABINET
30"x48"x36"

CHAMBER
30"x48"x36"

CHAMBER
PRECAST CONCRETE PAD 48"x72"
(E) GRADE (E) GRADE

TO MICRO-TRENCHTO MICRO-TRENCH

MICRO-TRENCH ENTRY

UNDERGROUND POWER IN
CONDUIT. TO POINT OF

CONNECTION TO BE VERIFIED
WITH UTILITY CO.

CHAMBER

CHAMBER
PAGE# 17
Attachment "1"
140
Item13.

PRIVATE PROPERTY
ROWROW

GREENBELT/ ASTRO TURF/ SOFTSCAPE

CONCRETE SIDEWALK

ROADWAY
CURB

MAINLINE TRENCH
TB
12"
ROW
ROW

CONCRETE CURB

ROADWAY

5.5'

TREE BELT
12"
4'

SIDEWALK

CONCRETE W/PAB
TB
10"

LATERAL

MAINLINE TRENCH
PAGE# 18
Attachment "1"
141
Item13.

PRIVATE PROPERTY
ROWROW

GREENBELT/ ASTRO TURF/ SOFTSCAPE

CONCRETE SIDEWALK

ROADWAY
CURB

MAINLINE TRENCH
TB
12"
ROW
ROW

CONCRETE CURB

ROADWAY

5.5'

TREE BELT
4'

SIDEWALK

CONCRETE W/PAB
12"
TB

MAINLINE TRENCH

LATERAL
10"
PAGE# 19
Attachment "1"
142
Item13.

PRIVATE PROPERTY
ROWROW

GREENBELT/ ASTRO TURF/ SOFTSCAPE

CONCRETE SIDEWALK

ROADWAY
CURB

MAINLINE TRENCH
TB
12"
ROW
ROW
12"

CONCRETE CURB

ROADWAY

5.5'

TREE BELT
4'

SIDEWALK

CONCRETE W/PAB
12"
TB
10"
12"

MAINLINE TRENCH

LATERAL
PAGE# 20
Attachment "1"
143
Item13.

PRIVATE PROPERTY
ROWROW

GREENBELT/ ASTRO TURF/ SOFTSCAPE

CONCRETE SIDEWALK

ROADWAY
CURB

MAINLINE TRENCH
TB
ROW
ROW
12"

5.5'

TREE BELT
4'

SIDEWALK

CONCRETE W/PAB

CONCRETE CURB
ROADWAY 10"

PROPERTY LINE
12"
TB

MAINLINE TRENCH

LATERAL
PAGE# 21
Attachment "1"
144
Item13.

PRIVATE PROPERTY
ROWROW

GREENBELT/ ASTRO TURF/ SOFTSCAPE

ROADWAY
CURB

MAINLINE TRENCH
TB
12"
ROW
ROW

CONCRETE CURB

ROADWAY

TREE BELT CURB
TO R.O.W.
12"
TB
10"

MAINLINE TRENCH

LATERAL
PAGE# 22
Attachment "1"
145
Item13.

PRIVATE PROPERTY
ROWROW

ROADWAY
CURB

MAINLINE TRENCH
ROW
ROW
FAB

CONCRETE SIDEWALK

ROADWAY

HARDSCAPE/CONCRETE
FAB
10"

PROPERTY LINE

LATERAL

CONCRETE CURB

MAINLINE TRENCH
PAGE# 23
Attachment "1"
146
Item13.

PAGE# 24
Attachment "1"
147
Item13.

PAGE# 25
Attachment "1"
148
Item13.

PAGE# 26
Attachment "1"
149
Item13.

PAGE# 27
Attachment "1"
150
Item13.

PAGE# 28
Attachment "1"
151
Item13.

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
Willis Towers Watson Insurance Services West, Inc.
c/o 26 Century Blvd
P.O. Box 305191
Nashville, TN 372305191 USA
SiFi Networks Escondido LLC
103 Foulk Road, Suite 500
Wilmington, DE 19803
The Umbrella Liability policy is follow form and in excess of liability coverage.

SEE ATTACHED
City of Escondido
Attn: City Engineer
201 N Broadway
Escondido, CA 92025
10/06/2022
1-877-945-7378
1-888-467-2378
[email protected]
Atlantic Specialty Insurance Company
27154
OBI America Insurance Company
15645
W26275810
A
1,000,000
1,000,000
15,000
1,000,000
2,000,000
2,000,000
Y
711-01-65-77-0003
02/01/2022
02/01/2023
A
1,000,000
02/01/2023
02/01/2022
711-01-65-77-0003
A
5,000,000
711-01-65-77-0003
02/01/2022
02/01/2023
5,000,000
406-04-57-85-0003
B
1,000,000
02/01/2022
02/01/2023
1,000,000
1,000,000
A
Cyber Technology
760-01-05-63-0003
03/01/2022
02/01/2023
2695259
23168681
SR ID:

BATCH:

See Below
Willis Towers Watson Certificate Center

Page 1 of 2 ends

Attachment "1"
152
Item13.

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:

SiFi Networks Escondido LLC
103 Foulk Road, Suite 500
Wilmington, DE 19803
Errors & Omissions Liability: $5,000,000 each claim of suit limit / $5,000,000 Aggregate limit / $100,000 Retention Network Security / Data Privacy: $5,000,000 each claim of suit limit / $5,000,000 Aggregate limit / $100,000 Retention Media Liability: $5,000,000 each claim of suit limit / $5,000,000 Aggregate limit / $100,000 Retention The City, its officers, officials, employees, and volunteers are included as Additional Insureds as respects to General Liability per written contract or agreement.

General Liability policy per written contract or agreement shall be Primary to any other insurance in force for or which may be purchased by Additional Insured per written contract or agreement Waiver of Subrogation applies in favor of Additional Insured with respects to Worker's Compensation, as permitted by law.
.
2 2
Willis Towers Watson Insurance Services West, Inc.

See Page 1
See Page 1
See Page 1
See Page 1
25 Certificate of Liability Insurance
W26275810
CERT:
2695259
BATCH:
23168681
SR ID:

Attachment "1"
153
Item13.

City of Escondido
Business License Division
201 N Broadway
Escondido, CA 92025

CITY OF ESCONDIDO

BUSINESS LICENSE CERTIFICATE
Business License No:

Expiration Date:

Business Type:

Ownership:
209211

LTDLIABILITY

SERVICE
SiFi Networks Escondido LLC
Attn: SiFi Networks Escondido LLC
103 Foulk Road, Suite 500
Wilmington, DE 19803
09/30/2023

IMPORTANT INFORMATION
· Please verify all information. If any changes occur, please contact the Business License Division at (760) 839-4659. · Remember to renew your Business License within one month of the Expiration Date, even if you don’t receive a Renewal Notice.

Payments postmarked or paid on-line after the Penalty Date will incur late penalties of 25% per month. · Closing your business or no longer working in Escondido? You must sign, date and return your Renewal Notice to close your account. · Please display the Certificate below in public view.
· Escondido’s business licenses are issued for revenue purposes. The issuance or possession of a license confers no rights or privileges and only serves to prove that a business tax has been paid for the period specified on the license certificate. Licenses are not deemed regulatory in any way and are not proof of compliance with zoning, building, or any other regulations of the city. · Pursuant to California state law AB 1607 and Civil Code Section 51.6(g), the City is concurrently providing you with a notice regarding prohibitions on gender-based discrimination and related posting requirements for your business on the following pages.

Thank you for doing business in the City of Escondido!

FOLD OR DETACH HERE FOR DISPLAY

BUSINESS LICENSE CERTIFICATE CITY OF ESCONDIDO
This certificate is to be displayed at your place of business. It is issued without verification that the holder is subject to or exempt from licensing by the State of California. This certificate does not consititute a permit to operate a business in violation of any law or ordinance.

Business
Name:

Business
Location:

Business
Phone:

Owner/
Officer:

NPDES:

POST IN A CONSPICUOUS PLACE - NOT TRANSFERABLE
201 N Broadway
Escondido, CA 92025
(760) 839-4659
Business License Number:

NAICS#:

SIC#:

Conditions/Remarks:
209211
SiFi Networks Escondido LLC
8182055070
Ben Bawtree-Jobson
103 Foulk Road, Suite 500
Wilmington, DE 19803
Expiration Date: 09/30/2023
517311 - Wired Telecommunications
Carriers
4822 - Telegraph and Other
Communications
Attachment "1"
154
Item13.

Attachment "1"
155
Item13.

Attachment "1"
156
Item13.

RESOLUTION NO. 2026-109

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, THE THIRD

AMENDMENT TO A CONSULTING SERVICES
AGREEMENT WITH HR GREEN PACIFIC, INC. FOR ON

CALL ENGINEERING SERVICES

WHEREAS, the City Council authorized a Right of Way Encroachment Agreement with SiFi to build a FiberCity network; and
WHEREAS, the City Council authorized a Consulting Services Agreement (“Agreement”) with HR Green Pacific, Inc. for on call engineering services; and WHEREAS, the City Council desires at this time and deems it to be in the best public interest to approve the Third Amendment to the Agreement with HR Green Pacific, Inc. for on call engineering services; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California:

1. That the above recitations are true.

2. That the City Council authorizes the Mayor to execute, on behalf of the City, the Third Amendment to the Agreement with HR Green Pacific, Inc. for on call engineering services in the amount of $690,000, which is attached and incorporated to this Resolution as Exhibit “A” and subject to final approval as to form by the City Attorney.

157
Item13.

CITY OF ESCONDIDO

THIRD AMENDMENT TO CONSULTING AGREEMENT
Thi s Third Amendment to Consulting Agreement (“Third Amendment”) is made and entered into as of the last signature date set forth below (“Effective Date”), Between: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Leia Cabrera
760-839-4568
("CITY")
And: HR Green Pacific Inc.
a California corporation
1260 Corona Pointe Court, Suite 305
Corona, CA 92879
Attn: Timothy J. Hartnett
858-900-4742
("CONSULTANT").
(The CITY and CONSULTANT each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Parties entered into that certain Consulting Agreement dated December 5, 2023, which was subsequently amended by a First Amendment dated May 16, 2024 and a Second Amendment dated July 31, 2024 (collectively, the “Agreement”), wherein CITY retained CONSULTANT to provide services for engineering review services for underground fiber optics deployment planned within City right -of-way by a telecommunications provider , as more specifically described in the Agreement; and
WHEREAS, the Parties desire to amend the Agreement to include additional services as described in “Attachment A” to this Third Amendment, which is attached hereto and incorporated herein by this reference.

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

1. The CON SULTANT shall furnish all of the Services described in “Attachment A ” to this Third Amendment.

2. The CITY will compensate CONSULTANT in an additional amount not to exceed the sum of Resolution No. 2026-109
Exhibit "A"

Page 1 of 8 ends

158
Item13.
$690,000, pursuant to the conditions contained in “Attachment A” to this Third Amendment.

3. All other terms of the Agreement not referenced in this Third Amendment shall remain unchanged and in full force and effect. In the event of a conflict between a provision of the Agreement and this Third Amendment, this Third Amendment shall prevail.

4. Thi s Third Amendment and the Agreement, together with any attachments or other documents described or incorporated therein, if any, constitute the entire agreement and understanding of the Parties, and there are no other terms or conditions, written or oral, controlling this matter.

5. Thi s Third Amendment may be executed on separate counterparts that, upon completion, may be assembled into and shall be construed as one document. Delivery of an executed signature page of this Third Amendment by electronic means, including an attachment to an email, shall be effective as delivery of an executed original.

6. Unless a different date is provided in this Third Amendment, the effective date of this Third Amendment shall be the latest date of execution set forth by the names of the signatories below. (SIGNATURE PAGE FOLLOWS)
Resolution No. 2026-109
Exhibit "A"

Page 2 of 8 ends

159
Item13.

I N WITNESS WHEREOF, this Third Amendment is executed by the P arties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO
Date: __________________ ____________________________________ Dane White, Mayor
HR GREEN PACIFIC, INC.

Date: __________________ ___________________________________ Timothy J. Hartnett, Vice President/Principal
APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, CITY ATTORNEY
BY: __________________________
DATE: _________________
THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.

Resolution No. 2026-109
Exhibit "A"

Page 3 of 8 ends

160
Item13.

ATTACHMENT “A”
Scope of Work
A. General
HR Green Pacific, Inc., a California corporation (“Consultant”) will continue to provide the City of Escondido, a California municipal corporation (“City”) with engineering review services for underground fiber optics deployment planned within City right -of-way by a telecommunications provider.

B. Location
Consultant will provide services at Citywide construction sites at the direction of the City Engineer or his designee.

C. Services
Consultant will observe the infrastructure that is being installed and constructed through continuous inspection performed on a daily basis. Consultant shall confirm that the work is in conformance with City-approved permits and specifications agreed to by the City and the Network Owner. Consultant shall complete observation reports and document deviations or non- compliance to permit specifications. Consultant shall notify the supervisor on site of the observed deviations from the permitted plan and will ensure that corrective action is taken or that construction ceases until the infraction can be remedied. All infractions shall be documented and included in weekly reports provided to City staff. Please see Exhibit 1.

D. Scheduling
Consultant shall schedule inspection services in advance by contacting Kevin Brickley at 760-839- 4363. The estimated work schedule will be five days per week as needed to perform construction inspection.

E. Contract Price and Payment Terms
The contract price of this Third Amendment shall not exceed $690,000 . The contract price of this Third Amendment shall bring the cumulative Agreement price to $2,385,346. The contract price of this Third Amendment includes all labor, materials, equipment, and transportation required to perform the work. Consultant shall submit monthly invoices to the City, and the City shall pay Consultant for invoiced services within 30 days of receipt of an invoice. Consultant shall not bill the City for any transportation costs associated with travel to and from the project site.

F. Term
The term of the Agreement shall remain unchanged pursuant to this Third Amendment.

Resolution No. 2026-109
Exhibit "A"

Page 4 of 8 ends

161
Item13.

ATTACHMENT “B”
Personnel List
Pursuant to Section 2 of the this Third Amendment, CONSULTANT shall only assign performance of Services to persons listed below.

1. Tina York, Project Manager, [email protected], 760-262-4315

2. Elizabeth Becerra, [email protected]

3. Jeremy Evans, Fiber Reviewer, [email protected], 760-484-1658

4. Carolina Fernandez, Asst. Project Manager, [email protected], 951-398-8277

5. Kim Evans, Engineering Technician, [email protected], 760-715-3123

6. Bob Makowski, Water Quality Manager, [email protected], 714-914-7247

7. Chris Koonz, Lead Fiber Inspector, [email protected]

8. Michael Pfalmer, Fiber Inspector, [email protected], 720-602-4577

9. Ryan Wiesemeyer, Fiber Inspector, [email protected], 951-476-5388 CONSULTANT shall not add or remove persons from this Personnel List without the City’s prior written consent. If CONSULTANT has not designated a person to perform a component of the Services, CONSULTANT shall not assign such component of the Services to a person without obtaining the City’s prior written consent. CONSULTANT shall not subcontract any component of the Services without obtaining the City’s prior written consent.

Acknowledged by:

Date: __________________ ___________________________________ HR Green Pacific, Inc. Timothy J. Hartnett,
Vice President, Principal
Resolution No. 2026-109
Exhibit "A"

Page 5 of 8 ends

162
Item13.

ATTACHMENT "A"
Phase II - City of Escondido Inspection
Scope

1.0 Project Understanding
Through continuous inspection performed on a daily basis, COMPANY staff will observe the infrastructure that is being installed and constructed is in conformance with City approved permits and specifications agreed to by the City and Network Owner. COMPANY staff will complete observation reports and document any deviations or non-compliance to permit specifications outlined in Section 2 of this document.

COMPANY staff will also notify the supervisor on site of the observed deviations from the permitted plan and will verify that corrective action is taken or that construction ceases until the infraction can be remedied. All infractions shall be documented and included in regular reports provided to City Staff.

Due to increased efforts and concurrent work activities by the Contractor, COMPANY is to provide two (2) inspectors to oversee the remaining field work by the Contractor, which is anticipated to be complete near the end of June 2027. This effort will be followed by twelve (12) weeks of project closeout assistance by the COMPANY , as directed by the City.

2.0 Scope of Services
The City agrees to retain COMPANY to perform the following:

2.1 Community Relations, Flyers, and No Parking
Prior to construction, COMPANY staff must observe and document:
• No parking signs in place
• Assist in notifying Escondido PD for cars parked in "No Parking Zones" • Additional signage in place and customer service numbers available for public • Pedestrian pathways clear or proper signage and barricades in place temporarily diverting pedestrians

2.2 Utility Markings
Prior to construction, COMPANY staff must observe and document:
• Proper utility mark outs in place before Contractor begins construction Resolution No. 2026-109
Exhibit "A"

Page 6 of 8 ends

163
Item13.

2.3 Traffic Management and Pedestrian Safety
Prior to construction, COMPANY staff must observe and document:
• Approved traffic control drawings and accuracy of deployment in the field • Notifying supervisor of possible flaws or breaches
• Documenting breaches of the traffic and pedestrian control plan with digital photographs
• Observe compliance with ADA rules and regulations for open sidewalks and pathways

2.4 Environmental
Prior to construction, COMPANY staff must observe and document:
• Stormwater catch basis protection in place before Contractor begins construction

2.5 Chambers, Fiber Access Boxes (FAB) & Toby Boxes
COMPANY staff must observe and document:
• Correct location of chamber per permit drawings
• Depth of chamber is level to grade
• Design drainage and compaction
• Environmental runoff
• Site restoration and final cleanup
• Installation and reinstatement are in accordance with the means, methods and materials specified in the permit drawings

2.6 Potholing
COMPANY staff must observe and document:
• Compaction and use of vibration equipment during restoration • Environmental runoff
• Spill hazards
• Settling

2. 7 Reinstatement
COMPANY staff must observe and document:
• All cavities and potholes filled
• Quality
• Cleanliness
Resolution No. 2026-109
Exhibit "A"

Page 7 of 8 ends

164
Item13.

2. 8 Softscape Restoration and Clean-up
COMPANY staff must observe and document:
• Quality of restoration
• Road and site overall cleanliness

2.9 Final Clean Up
COMPANY staff must observe and document:
• No runoff in the gutter line
• Quality of clean up
• Road and site overall cleanliness
• Any resident or business owner comments

2.10 Attend Regular Meetings
COMPANY staff will attend meetings as necessary with City and Contractor and will update City staff as needed with weekly/biweekly reporting documentation.

2.11 Damage Resolution
COMPANY staff will document any claims of property owner damage as reported to the contractor or City and will review/approve resolution as needed.

Resolution No. 2026-109
Exhibit "A"

Page 8 of 8 ends

165
Item13.

STAFF REPORT

July 29,2026
File Number 0685-10

SUBJECT
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT – FINAL ENGINEER’S REPORT FOR ZONES 1-38 FOR FISCAL YEAR 2026/2027.

DEPARTMENT
Public Works

RECOMMENDATION
Request the City Council adopt Resolution No. 2026-37, Assessment Engineer’s Report for the annual levy and collection of assessments for the City of Escondido Landscape Maintenance Assessment District (“LMD”) (Attachment “1”, LMD Map) for Zones 1 through 38 for fiscal year 2026/2027.

Staff Recommendation: Approval (Joseph Goulart, Public Works Director) Presenter: Jen Conway, Management Analyst II
ESSENTIAL SERVICE – Yes, Maintenance of Open Spaces
COUNCIL PRIORITY – Increase Retention and Attraction of People and Businesses to Escondido

FISCAL ANALYSIS
The Landscape Maintenance District (“LMD”) is a benefit assessment district created to fund the maintenance of landscape improvements. Assessment revenue is collected from property owners in each of the 38 zones via annual property tax paid through the County of San Diego. The funding mechanism consists of a separate fund for each zone, with collected assessments only to be used for that zone with expenses published each fiscal year on the Engineer’s Report.

The authority and process for a government agency to create and maintain these specific districts are outlined in the ‘Landscape and Light Act of 1972’ which is located in the California Code, Street s and Highways Code, Division 15 from Section 22500-22679. There are allowances in the code to carry forward budget surplus and deficits year to year.
166
Item14.

PREVIOUS ACTION
On June 17, 2026, the City Council adopted Resolution No. 2026-35 initiating proceedings for the annual levy of assessments for Zone 1 -38 of the LMD and approving the preliminary Assessment Engineer’s Report.

BACKGROUND

In lieu of the formation of an HOA, the development owner of the parcels requested annexation into the City’s Landscape Maintenance District to pay for the ongoing maintenance of the landscaping improvements associated with the City right-of-way and landscape easement areas. These landscape improvements were installed by the developer to enhance the appearance and quality of the development. Residents pay an assessment per parcel for the proportionate special benefit received by the LMD providing landscape improvements and maintenance.

Staff recommends approval of the Final Engineer’s Report that reflects the budg et and assessments for Zones 1-38 of the LMD for fiscal year 2026/2027.

RESOLUTIONS
a. Resolution No. 2026-37 Approval of Final Engineer’s Report

ATTACHMENTS
a. Attachment “1” - Diagram of Zones Levied
b. Attachment “2” - Final Engineer’s Report

167
Item14.

RESOLUTION NO. 2026-37

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, APPROVING THE
ASSESSMENT ENGINEER’S REPORT, AND APPROVING

THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS
IN ZONES 1 THROUGH 38 OF THE ESCONDIDO

LANDSCAPE MAINTENANCE DISTRICT FOR FISCAL YEAR
2026/2027

WHEREAS, the City Council of the City of Escondido (“City”) has previously formed a maintenance district pursuant to the terms of the “Landscaping and Lighting Act of 1972,” being Division 15 Part 2 of the Streets and Highways Code of the State of California (the “Act), Article XIIID of the Constitution of the State of California (“Article XIIID”), and the Proposition 218 Omnibus Implementation Act, Government Code Section 53750 and following, (the “Implementation Act”) (the 1972 Act, Article XIIID, and the Implementation Act are referred collectively as the “ Assessment Law”). Such maintenance district is known and designated as the Escondido Landscape Maintenance Assessment District (the “Maintenance District”); and
WHEREAS, there has been established by the City, 38 zones within the Maintenance District (each individually referenced as a “Zone”); and
WHEREAS, the City Council also previously received and preliminarily approved a report of the Assessment Engineer (the "Assessment Engineer's Report"), a copy of which is attached hereto as Exhibit “A” and by this reference incorporated herein, for Zones 1 through 38 of the Maintenance District as required by the 1972 Act, and this City Council desires to continue with the proceedings for the annual levy and collection; and
WHEREAS, this City Council carefully examined and reviewed the Assessment Engineer’s Report as presented, and is satisfied with each and all of the items and documents as set forth therein pertaining 168
Item14.
to Zones 1 through 38 of the Maintenance District and is satisfied that the assessments for Zones 1 through 38 have been spread in accordance with the special benefits received from the improvements to be maintained, as set forth in the Assessment Engineer’s Report; and WHEREAS, the City Council desires to confirm and approve such final Assessment Engineer’s Report and to authorize the annual levy and collection of the assessments for Zones 1 through 38 of the Maintenance District for Fiscal Year 2026/2027; and
WHEREAS, the City Council finds the Maintenance District as exempt from the California Environmental Quality Act (Public Resources Code Section 21000 and following) ("CEQA") pursuant to section 15302(d) of the State CEQA guidelines.

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

1. That the above recitals are true.

2. Based upon the Assessment Engineer’s Report, it is hereby determined that:
(a) The proportionate special benefit derived by each parcel proposed to be assessed has been determined in relationship to the entirety of the cost of maintenance of the improvements. (b) No assessment is proposed to be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit to be conferred on such parcel from the improvements. (c) Only special benefits have been assessed.

3. That the Assessment Engineer’s Report is hereby approved and is ordered to be filed in the office of the City Clerk as a permanent record and to remain open to public inspection. Reference is made to said Assessment Engineer’s Report for a full and detailed description of:
(a) The existing improvements to be maintained;
169
Item14.
(b) The maintenance of the improvements to be performed; (c) The estimates of costs of the maintenance of the improvements to be performed, including the cost of incidental expenses in connection therewith, and including that portion of the costs and expenses representing the special benefits to be conferred by such maintenance of the improvements on the parcels within Zones 1 through 38 of the Maintenance District;
(d) The diagram of the Maintenance District and the zones (Attachment 1) which is attached hereto showing (i) the exterior boundaries of the Maintenance District; (ii) the boundaries and zones within the Maintenance District; and (iii) the lin es and dimensions of each parcel of land within the Maintenance District; provided, however, such diagram may refer to the San Diego County Assessor’s maps for detailed description of such lines and dimensions, in which case such maps shall govern for all details concerning such lines and dimensions; and
(e) The assessment of the total amount of the cost and expenses of the maintenance of the improvements upon the several divisions of land in the Maintenance District in proportion to the estimated special benefits to be conferred on such subdivisions, respectively, by such maintenance and the assessments upon assessable lots and parcels of land within the Maintenance District.

4. That the public interest and convenience requires the Fiscal Year 2026/2027 annual levy and collection of the assessments for Zones 1 through 38 of the Maintenance District as set forth and described in the Assessment Engineer’s Report; and further it is determined to be in the best public interest and convenience to levy and coll ect annual assessments to pay the costs and expense of said maintenance and improvements as estimated in the Assessment Engineer’s Report. All costs and expenses of the maintenance and incidental expenses have been apportioned and distributed to the benefiting 170
Item14.
parcels in Zones 1 through 38 of the Maintenance District in accordance with the special benefits received from the existing improvements.

5. The City Clerk is hereby ordered and directed to immediately file a certified copy of the diagram and assessment with the County Auditor. Said filing to be made no later than August 10, 2026.

6. After the filing of the diagram and assessment, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount asses sed thereupon, as shown in the assessment.

7. The assessments shall be collected at the same time and in the same manner as County taxes are collected and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments.

8. The annual assessments as above authorized and confirmed and levied for these proceedings will provide revenue to finance the maintenance of authorized improvements for Zones 1 through 38 of the Maintenance District in the fiscal year commencing July 1, 2026, and ending June 30, 2027.

9. This Resolution shall take effect immediately upon its adoption.

171
Item14.

CITY OF ESCONDIDO

LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT NO. 1

DIAGRAM OF ZONES LEVIED
FISCAL YEAR 2026-2027
Attachment "1"
172
Item14.

Attachment "1"
173
Item14.

Attachment "1"
174
Item14.

Attachment "1"
175
Item14.

Attachment "1"
176
Item14.

Attachment "1"
177
Item14.

Attachment "1"
178
Item14.

Attachment "1"
179
Item14.

Attachment "1"
180
Item14.

Attachment "1"
181
Item14.

Attachment "1"
182
Item14.

Attachment "1"
183
Item14.

Attachment "1"
184
Item14.

Attachment "1"
185
Item14.

Attachment "1"
186
Item14.

Attachment "1"
187
Item14.

Attachment "1"
188
Item14.

Attachment "1"
189
Item14.

Attachment "1"
190
Item14.

Attachment "1"
191
Item14.

Attachment "1"
192
Item14.

Attachment "1"
193
Item14.

Attachment "1"
194
Item14.

Attachment "1"
195
Item14.

Attachment "1"
196
Item14.

Attachment "1"
197
Item14.

Attachment "1"
198
Item14.

Attachment "1"
199
Item14.

Attachment "1"
200
Item14.

Attachment "1"
201
Item14.

Attachment "1"
202
Item14.

Attachment "1"
203
Item14.

Attachment "1"
204
Item14.

Attachment "1"
205
Item14.

Attachment "1"
206
Item14.

Attachment "1"
207
Item14.

Attachment "1"
208
Item14.

Attachment "1"
209
Item14.

Attachment "1"
210
Item14.

Attachment "1"
211
Item14.

Attachment "1"
212
Item14.

Attachment "1"
213
Item14.

Attachment "1"
214
Item14.

Attachment "1"
215
Item14.

Attachment "1"
216
Item14.

Attachment "1"
217
Item14.

Attachment "1"
218
Item14.

Attachment "1"
219
Item14.

Attachment "1"
220
Item14.

Attachment "1"
221
Item14.

Attachment "1"
222
Item14.

Attachment "1"
223
Item14.

Attachment "1"
224
Item14.

Attachment "1"
225
Item14.

Attachment "1"
226
Item14.

Attachment "1"
227
Item14.

Attachment "1"
228
Item14.

Attachment "1"
229
Item14.

Attachment "1"
230
Item14.

Attachment "1"
231
Item14.

Attachment "1"
232
Item14.

Attachment "1"
233
Item14.

Attachment "1"
234
Item14.

Attachment "1"
235
Item14.

Attachment "1"
236
Item14.

Attachment "1"
237
Item14.

Attachment "1"
238
Item14.

Attachment "1"
239
Item14.

Attachment "1"
240
Item14.

Attachment "1"
241
Item14.

Attachment "1"
242
Item14.

Attachment "1"
243
Item14.

Attachment "1"
244
Item14.

Attachment "1"
245
Item14.

Attachment "1"
246
Item14.

Attachment "1"
247
Item14.

Attachment "1"
248
Item14.

Attachment "1"
249
Item14.

Attachment "1"
250
Item14.

Attachment "1"
251
Item14.

Attachment "1"
252
Item14.

Attachment "1"
253
Item14.

Attachment "1"
254
Item14.

Attachment "1"
255
Item14.

Attachment "1"
256
Item14.

Attachment "1"
257
Item14.

Attachment "1"
258
Item14.

Attachment "1"
259
Item14.

Attachment "1"
260
Item14.

Attachment "1"
261
Item14.

Attachment "1"
262
Item14.

Attachment "1"
263
Item14.

Attachment "1"
264
Item14.

Attachment "1"
265
Item14.

Attachment "1"
266
Item14.

Attachment "1"
267
Item14.

Attachment "1"
268
Item14.

City of Escondido

Landscape Maintenance Assessment District No. 1
Zone 19

All parcels are located within the city of Escondido, Tract 819 and 844 Assessor Parcel Book 224 Pages 011, 012, 150, 152, 154, 155, 156, 157,158, and 159.

Attachment "1"
269
Item14.

Attachment "1"
270
Item14.

Attachment "1"
271
Item14.

Attachment "1"
272
Item14.

Attachment "1"
273
Item14.

Attachment "1"
274
Item14.

Attachment "1"
275
Item14.

Attachment "1"
276
Item14.

Attachment "1"
277
Item14.

Attachment "1"
278
Item14.

Attachment "1"
279
Item14.

Attachment "1"
280
Item14.

Attachment "1"
281
Item14.

Attachment "1"
282
Item14.

Attachment "1"
283
Item14.

Attachment "1"
284
Item14.

Attachment "1"
285
Item14.

Attachment "1"
286
Item14.

Attachment "1"
287
Item14.

Attachment "1"
288
Item14.

Attachment "1"
289
Item14.

City of Escondido

Landscape Maintenance Assessment District No. 1
Zone 24

All parcels are located within the city of Escondido, Tract 824 and 845 Assessor Parcel Book 237 Pages 300 and 310.

Attachment "1"
290
Item14.

Attachment "1"
291
Item14.

Attachment "1"
292
Item14.

City of Escondido

Landscape Maintenance Assessment District No. 1
Zone 25

All parcels are located within the city of Escondido, Tract 787R, 821 and 847.

Assessor Parcel Book 225 Pages 682 and 750.

Attachment "1"
293
Item14.

Attachment "1"
294
Item14.

Attachment "1"
295
Item14.

Attachment "1"
296
Item14.

Attachment "1"
297
Item14.

City of Escondido

Landscape Maintenance Assessment District No. 1
Zone 27

All parcels are located within the city of Escondido.

Assessor Parcel Book 225 Pages 270, 760, 761, 762, 763 and 764.

Attachment "1"
298
Item14.

Attachment "1"
299
Item14.

Attachment "1"
300
Item14.

Attachment "1"
301
Item14.

Attachment "1"
302
Item14.

Attachment "1"
303
Item14.

Attachment "1"
304
Item14.

Attachment "1"
305
Item14.

Attachment "1"
306
Item14.

Attachment "1"
307
Item14.

Attachment "1"
308
Item14.

Attachment "1"
309
Item14.

Attachment "1"
310
Item14.

Attachment "1"
311
Item14.

Attachment "1"
312
Item14.

Attachment "1"
313
Item14.

Attachment "1"
314
Item14.

Attachment "1"
315
Item14.

Attachment "1"
316
Item14.

Attachment "1"
317
Item14.

Attachment "1"
318
Item14.

Attachment "1"
319
Item14.

Attachment "1"
320
Item14.

Attachment "1"
321
Item14.

Attachment "1"
322
Item14.

Attachment "1"
323
Item14.

Attachment "1"
324
Item14.

Attachment "1"
325
Item14.

Attachment "1"
326
Item14.

Attachment "1"
327
Item14.

Attachment "1"
328
Item14.

Attachment "1"
329
Item14.

City of Escondido

Landscape Maintenance Assessment District No. 1
Zone 36

All parcels are located within the city of Escondido, Tract 889 .

Assessor Parcel Book 224 Page 146.

Attachment "1"
330
Item14.

Attachment "1"
331
Item14.

Attachment "1"
332
Item14.

Attachment "1"
333
Item14.

Attachment "1"
334
Item14.

Attachment "1"
335
Item14.

Attachment "1"
336
Item14.

Assessment Engineer’ s Report
Zones 1 through 38
Fiscal Y ear 2026/27
City of Escondido
201 North Broadway – Escondido California 92025
Landscape Maintenance Assessment District

FINAL REPORT
July 29, 2026
Report pursuant to the Landscaping and Lighting Act of 1972, Part 2 Division 15 of the Streets and Highways Code, Article XIII.D. of the California Constitution, and Proposition 218 Omnibus Implementation Act (Government Code Section 53750 et seq.). The Streets and Highways Code, Part 2, Division 15, Article 4, commencing with Section 22565, directs the preparation of the Assessment Engineer’s Report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements described herein.

Attachment "2"
337
Item14.

CITY OF ESCONDIDO
ASSESSMENT ENGINEER’S REPORT
ZONES 1 THROUGH 38

ESCONDIDO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
FISCAL YEAR 2026/27

The Assessment Engineer’s Report, submitted herein, includes the following Sections as outlined below:

Section Description Page

Compliance with Landscaping and Lighting Act of 1972,
Article 4 of the California Government Code

1 Section A: Plans and Specifications for the Improvements 2 Section B: Estimate of Costs of the Improvements 3
Section C: Diagram for the Maintenance District 5
Section D: Assessment of the Estimated Costs of the
Improvements
5 Section E: If Bonds or Notes will be Issued Pursuant to Section 22662.5, An Estimate of their Principal
Amount
20 Appendix I: Estimate of Cost and Assessment
Appendix II: Assessment Roll
Appendix III: Diagram of Landscape Maintenance District Boundaries

Attachment "2"
338
Item14.

Page 1 ends

COMPLIANCE WITH LANDSCAPE AND LIGHTING ACT OF 1972
ARTICLE 4 OF THE CALIFORNIA GOVERNMENT CODE

Whereas the City Council of the City of Escondido, California, did, pursuant to the provisions of the Landscape and Lighting Act of 1972, Chapter 3, Section 22622 of the California Government Code, order the preparation and filing of the Assessment Engineer’s Report in accordance with Chapter 1, Article 4, commencing with Section 22565, of Chapter 1.

Section 22565 directs that the report refer to the Landscape Maintenance Assessment District (the “Maintenance District”) by its distinctive designation, specify the fiscal year to which the report applies, and, with respect to that year, contain all of the following:

(a) Plans and specifications for the improvements.
(b) An estimate of the costs of the improvements.
(c) A diagram for the Maintenance District.
(d) An assessment of the estimated costs of the improvements. (e) If bonds or notes will be issued pursuant to Section 22662.5, an estimate of their principal amount.

A preliminary report is then filed in accordance with Section 22623 of the California Government Code with the City Clerk for submission to the legislative body. The legislative body may approve the report, as filed, or it may modify the report in any particular manner and approve it as modified. The legislative body approved the report, as filed, with the adoption of Resolution No. 2026-35 as to these Zones on June 17, 2025.

Now, therefore, the following Assessment Engineer’s Report is submitted:

Attachment "2"
339
Item14.

Page 2 ends

A. PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS

In accordance with Section 22568, the plans and specifications are required to show and describe existing and proposed improvements. The plans and specifications need not be detailed but are sufficient if they show or describe the general nature, location, and extent of the improvements. If the Maintenance District is divided into Zones, the plans and specifications are required to indicate the class and type of improvements to be provided for each such Zone.

The Maintenance District has been divided into 38 distinct Zones of benefit. By reasons of variations in the nature, location, and extent of the improvements, the various Zones receive different degrees of benefit from the improvements. The improvements, which have been constructed or which may be subsequently constructed within and adjacent to the Zones and that will be serviced and maintained, and the proposed maintenance and services are generally described as follows.

DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND SERVICED

Landscape and Appurtenant Improvements
Landscape improvements (collectively, the “Landscape Improvements”) include but are not limited to: landscaping, planting shrubbery, trees, irrigation systems, hardscapes and fixtures in public streets and sidewalks, and right-of-ways including: medians, parkways and other easements dedicated to the City of Escondido within the boundaries of the District.

Description of Maintenance and Services
Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the Landscape Improvements and appurtenant facilities, including repair, removal or replacement of all or part of any of the Landscape Improvements or appurtenant providing for the life, growth, health and beauty of the Landscape Improvements, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury, the removal of trimmings, rubbish, debris and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

Attachment "2"
340
Item14.

Page 3 ends

Service means the furnishing of water for the irrigation of the Landscape Improvements and the furnishing of electric current or energy, gas or other illuminating agent for the lighting or operation of the Landscape Improvements or appurtenant facilities.

The plans and specifications for the Landscape Improvements, showing the general nature, location and the extent of the Landscape Improvements, are on file in the office of the City Engineer and are by reference herein made a part of this Report.

B. ESTIMATE OF COSTS OF THE IMPROVEMENTS

In accordance with Section 22569 of the California Government Code, the estimate of the costs of the improvements for the fiscal year is required to contain estimates of the following:

(a) The total cost for improvements to be made that year, being the total costs of constructing or installing all purposed improvements and of maintaining and servicing all existing and proposed improvements, including all incidental expenses. This may include a cash flow reserve and an operating and maintenance reserve which are further detailed in the description of Reserve on the following page.

(b) The amount of any surplus or deficit in the improvement fund to be carried over from a previous fiscal year.

(c) The amount of any contributions to be made from sources other than assessments levied pursuant to this part. (Contributions will only be shown if such a contribution has been received.)

(d) The amount, if any, of the annual installment for the fiscal year where the legislative body has ordered an assessment for the estimated cost of any improvements to be levied and collected in annual installments.

(e) The net amount to be assessed upon assessable lands within the Maintenance District being the total improvement costs, as referred to in subdivision (a), increased or decreased, as the case may be, by any of the amounts referred to in subdivision (b), (c), or (d).

Attachment "2"
341
Item14.

Page 4 ends

The estimates of cost are contained in Appendix I of this Report, titled, “Estimate of Cost and Assessment.” The Assessment Law requires that a special fund be established for the revenues and expenditures of each Zone within the District. Funds levied by these assessments shall be used only for the purposes as stated herein. The City may advance funds to the Zone, if needed, to ensure adequate cash flow, and will be reimbursed for any such advances upon receipt of assessments. Any surplus or deficit remaining on June 30 must be carried over to the next fiscal year.

DESCRIPTION OF BUDGET EXPENSE ITEMS

Administration/Inspection: The cost to all departments and staff of the City for providing the coordination of maintenance and responding to public concerns regarding levy collections.

Annual Installment: The amount, if any, of the annual installment for the fiscal year where the legislative body has ordered an assessment for the estimated cost of any improvements to be levied and collected in annual installments.

Consultant: The recovery of the cost of contracting for professional services to provide District administration and legal services.

County Fee: The recovery of the cost charged by the County of San Diego for placing and collecting the fixed charged special assessments on the county tax roll.

Liability Fund: The recovery of the cost incurred by the City to provide liability insurance.

Miscellaneous Repairs: Recovery of the cost of unplanned repairs. These costs are not included in the maintenance contract and are unplanned. An example of an expenditure that would fall under this category is repairs due to vandalism.

Reserve: The collection of a reserve is a combination of a cash flow reserve and an operating and maintenance reserve. The cash flow reserve should not exceed the estimated costs of maintenance and servicing to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. This time period has been estimated by the City as six months from July 1 to January 1 of each fiscal year. The purpose of the Attachment "2"
342
Item14.

Page 5 ends

cash flow reserve is to eliminate the need for the City to transfer funds from non-District accounts to pay for District expenditures. The operating and maintenance reserve, estimated as 12 months of maintenance and servicing, is to provide a buffer for unforeseen emergency repairs and maintenance, and to allow the Zone to continue maintenance through a period of delinquencies in the collection of the assessments.

Maintenance: Includes all contracted labor, material and equipment required to properly maintain the landscaping, irrigation systems, fencing, and entry monuments within the District.

Service/Utilities: The furnishing of water and electricity required for the maintenance of the landscaping and drainage facilities.

C. DIAGRAM FOR THE MAINTENANCE DISTRICT

The diagram for a Maintenance District as required by Sections 22570 and 22571 of the California Government Code is required to show: a) the exterior boundaries of the Maintenance District, b) the boundaries of any Zones within the district, and c) the lines and dimensions of each lot or parcel of land within the district. Each lot or parcel is required to be identified by a distinctive number or letter. A Diagram of the District by Zone which shows each lot or parcel of land within Zones 1 to 38 of the District is on file in the Offices of the City Clerk and the Engineering Department Management Analyst.

Appendix III provides the general location of all the zones currently within the District.

The lines and dimensions of each lot or parcel of land shown on the diagram are required to conform to those shown on the county assessor’s maps for the fiscal year in which the report applies. The diagram may refer to the county assessor maps for a detailed description of the lines and dimensions of any lots or parcels, in which case, those maps govern all details concerning the lines and dimensions of such lots or parcels.

D. ASSESSMENT OF THE ESTIMATED COSTS OF THE IMPROVEMENTS

The assessment, or annual levy amount, in accordance with Sections 22572 and 22573 of the California Government Code, must refer to the fiscal year to which it applies and provide all of the following:

Attachment "2"
343
Item14.

Page 6 ends

Escondido City CouncilJuly 29, 2026

Escondido City Council
July 29, 2026