Agenda packet — Escondido City Council, September 2, 2026

CITY of ESCONDIDO
Council Meeting Agenda
WEDNESDAY, SEPTEMBER 02, 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, September 02, 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/

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

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

2 Wednesday, September 02, 2026

CLOSED SESSION
4:00 PM

CALL TO ORDER

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

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

CLOSED SESSION

I. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION (Government Code § 54956.9(d)(1)) a. Edward Bustin
Workers’ Compensation Appeals Board Case No. ADJ20428345

II. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code § 54956.9(d)(4)) a. Potential initiation of litigation against Las Ventanas Village Partnership, L.P.

ADJOURNMENT

3 Wednesday, September 02, 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

PROCLAMATION
Pollution Prevention Month

CLOSED SESSION REPORT

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

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 August 17, 2026 to August 23, 2026.

Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance) 4 Wednesday, September 02, 2026

3. APPROVAL OF MINUTES: Regular meeting of August 26, 2026

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS

5. APPROVAL OF CALPERS INDUSTRIAL DISABILITY RETIREMENT FOR POLICE OFFICER CHRISTIAN BAECHLI Request the City Council adopt Resolution No. 2026-113, approving the California Public Employees’ Retirement System (CalPERS) Industrial Disability Retirement for Police Officer Christian Baechli.

Staff Recommendation: Approval (Human Resources Department: Jessica Perpetua, Director of Human Resources)
Presenter: Jessica Perpetua, Director of Human Resources a) Resolution No. 2026-113

6. REQUEST FOR AUTHORITY TO ACCEPT GRANT FUNDS AND EXECUTION OF GRANT AGREEMENTS AND FORMS FOR THE PROJECT BPMP-5081(032) – CITY WIDE BRIDGE MAINTENANCE PROJECT Request the City Council adopt Resolution No. 2026-141 authorizing City officers, or their designees, on behalf of the City, to accept grant funds in the amount of $252,074 and to execute all grant forms and agreements necessary for funding and completion of the City-Wide Bridge Maintenance Project.

Staff Recommendation: Approval (Development Services Department: Kevin Snyder, Development Services Director)
Presenter: Jason Christman, Interim City Engineer
a) Resolution No. 2026-141

CURRENT BUSINESS

7. APPOINTMENT OF INTERIM CITY ATTORNEY AND AUTHORIZATION TO ENTER INTO EMPLOYMENT

AGREEMENT
Request the City Council adopt Resolution No. 2026-145 (1) appointing M. Dare DeLano as Interim City Attorney and (2) authorizing the Mayor to execute an employment agreement for the Interim City Attorney.

Staff Recommendation: Approval (Human Resources Department: Jessica Perpetua, Director of Human Resources; City Attorney’s Office: Michael McGuinness, City Attorney) Presenter: Jessica Perpetua, Director of Human Resources a) Resolution No. 2026-145
5 Wednesday, September 02, 2026

8. HOMELESS UPDATE
Request the City Council adopt Resolution No. 2026-151 (1) authorizing the Chief of Police to facilitate and conduct two Request for Proposal (“RFP”) processes: for services related to temporary sobering services, including a sobering center and for homeless outreach services; (2) approving the execution of documents on behalf of the City following the RFP process by authorized City officers; and (3) approving the budget adjustments necessary to fund costs related to the procurement, implementation, and operation of temporary sobering services and homeless outreach services.

Staff Recommendation: Approval (Police Department: Ken Plunkett, Chief of Police) Presenter: Ken Plunkett, Chief of Police
a) Resolution No. 2026-151

FUTURE AGENDA

9. 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, City Clerk)

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

ADJOURNMENT

6 Wednesday, September 02, 2026

UPCOMING MEETING SCHEDULE
Wednesday, September 16, 2026 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers Wednesday, September 30, 2026 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers

SUCCESSOR AGENCY
Members of the Escondido City Council 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 it em 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 7 Consent Item No. 1 September 2, 2026

A F F I D A V I T S

I T E M

P O S T I N G – NONE

8 Item1.

STAFF REPORT

September 02, 2026
File Number 0400-40

SUBJECT

APPROVAL OF WARRANT REGISTER

DEPARTMENT
Finance

RECOMMENDATION
Approval for City Council and Housing Successor Agency warrants issued between August 17, 2026 to August 23, 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 08/17/2026 to 08/23/2026
Total $2,217,707.40
Number of Warrants 204

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. 9 Item2.

August 26, 2026 Escondido City Council Minutes Page 1 of 6

CLOSED SESSION
4:00 PM

CALL TO ORDER

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

ORAL COMMUNICATIONS
None

CLOSED SESSION
I. Public Employee Appointment (Government Code § 54957(b)) a. Consideration of Appointment of Interim City Attorney

ADJOURNMENT

Mayor White adjourned the meeting at 4:45 p.m.

______________________________ _______________________________

MAYOR CITY CLERK

10 Item3.

August 26, 2026 Escondido City Council Minutes Page 2 of 6

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

CLOSED SESSION REPORT

ORAL COMMUNICATIONS
Gregg Oliver – Requested the City Council add a local vendor prefe rence clause in its contract/bidding process.

CONSENT CALENDAR
Motion: White; Second: C. Garcia; Approved: 5-0

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 August 03, 2026 to August 16, 2026.

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

3. APPROVAL OF MINUTES: Regular meetings of August 5, 2026 and August 12, 2026

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS

5. TREASURER’S INVESTMENT REPORT FOR THE QUARTER ENDED JUNE 30, 2026 Request the City Council approve the Quarterly Investment Report for the quarter ended June 30, 2026. (File Number 0490-55)
11 Item3.

August 26, 2026 Escondido City Council Minutes Page 3 of 6

Staff Recommendation: Approval (Finance Department: Douglas Shultz, City Treasurer) Presenter: Douglas Shultz, City Treasurer

6. CALIFORNIA CENTER FOR THE ARTS, ESCONDIDO, KITCHEN SEWER REPLACEMENT PROJECT

FIRST AMENDMENT AND BUDGET ADJUSTMENT
Request the City Council adopt Resolution No. 2026-132 authorizing the Mayor to execute a construction change order for the CCAE Kitchen Sewer Replacement Project in the amount of $291,685 and authorize a budget adjustment in the amount of $160,467 of Measure I funds. (File Number 0910-20; 0430-80)
Staff Recommendation: Approval (Public Works Department: Joseph Goulart, Director of Public Works)
Presenter: Ed Vasquez, Project Manager
a) Resolution No. 2026-132

7. NEIGHBORHOOD REINVESTMENT PROGRAM GRANT AND BUDGET ADJUSTMENT Request the City Council adopt Resolution No. 2026-138 authorizing the Escondido Fire Department to accept Neighborhood Reinvestment Program grant funds in the amount of $59,230; authorize the Fire Chief or his designee to execute grant documents on behalf of the City and approve budget adjustments needed to accept and spend grant funds. (File Number 0480-70)
Staff Recommendation: Approval (Fire Department: Tyler Batson, Interim Fire Chief) Presenter: Tyler Batson, Interim Fire Chief
a) Resolution No. 2026-138

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 C onsent Calendar are deemed to have been read and further reading waived.)

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A TEMPORARY LICENSE AND ACCESS AGREEMENT FOR PROPERTY AT 510 N. BROADWAY, ESCONDIDO, CALIFORNIA, AS PART OF THE ESCONDIDO CREEK TRAIL PROJECT (FILE NUMBER 0600-10; A-3611) Approved on August 5, 2026 with a vote of 5/0.
12 Item3.

August 26, 2026 Escondido City Council Minutes Page 4 of 6

a) Ordinance No. 2026-17 (Second Reading and Adoption)

PUBLIC HEARINGS

9. INTERIM URGENCY ORDINANCE PROHIBITING DATA CENTERS WITHIN THE CITY OF

ESCONDIDO
Request the City Council adopt Ordinance No. 2026-18, approving an Interim Ordinance to prohibit the establishment, expansion, or intensification of Data Centers and other similar high-intensity computing uses within the City of Escondido. (File Number 0680-10) Staff Recommendation: Approval (Development Services Department: Kevin Snyder, Director of Development Services)
Presenter: Garrett Smith, City Planner
a) Ordinance No. 2026-18 (First Reading and Introduction) Gregg Oliver – Expressed support for the item
Kristina Miller – Expressed support for the item
Motion: C. Garcia; Second: White; Approved: 5-0

10. ESCONDIDO POLICE DEPARTMENT MILITARY EQUIPMENT REPORT Request the City Council adopt Ordinance No. 2026-16 approving the Escondido Police Department Annual Military Equipment Report in accordance with state law requirements as set for in Assembly Bill No. 481 (“AB 481”). (File Number 0110-10) Staff Recommendation: Approval (Police Department: Ken Plunkett, Chief of Police) Presenters: Erik Witholt, Police Captain; and Lisa Rodelo, Assistant Director of Police Support Services
a) Ordinance No. 2026-16 (First Reading and Introduction) Motion: Martinez; Second: C. Garcia; Approved: 5-0

11. BICYCLES, NONMOTORIZED VEHICLES, AND MOBILITY DEVICES Request that 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) 13 Item3.

August 26, 2026 Escondido City Council Minutes Page 5 of 6

Presenter: Craig Miller, Lieutenant, Traffic Division
a) Ordinance No. 2026-07 (First Reading and Introduction) Kristina Miller – Expressed support for the item
Motion: Fitzgerald; Second: J. Garcia; Approved: 4-1 (White – No)

CURRENT BUSINESS

12. RESOLUTION IN OPPOSITION TO PROPOSITION 44
Request the City Council consider, and take such action as it deems appropriate on, Resolution No. 2026-146, expressing the City Council's opposition to Proposition 44, an initiative statute that will appear before California voters at the November 3, 2026 Statewide General Election. (File Number 0600-00)
Staff Recommendation: None (City Clerk’s Office: Zack Beck, City Clerk) Presenter: Mayor Dane White, Councilmember Christian Garcia, Neighborhood Healthcare a) Resolution No. 2026-146
Motion: White; Second: Fitzgerald; Approved: 5-0

FUTURE AGENDA

13. 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) White / C. Garcia – Resolution in support of Assembly Bill 844 J. Fitzgerald / White - Letter of support for Valley Center Working Group regarding evacuation routes

COUNCILMEMBERS SUBCOMMITTEE REPORTS AND OTHER REPORTS

14 Item3.

August 26, 2026 Escondido City Council Minutes Page 6 of 6

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

ORAL COMMUNICATIONS
None

ADJOURNMENT
Mayor White adjourned the meeting at 6:35 p.m.

______________________________ _______________________________

MAYOR CITY CLERK

15 Item3.
16 Item4.

STAFF REPORT

September 2, 2026
File Number 0170-57

SUBJECT

APPROVAL OF CALPERS INDUSTRIAL DISABILITY RETIREMENT FOR POLICE OFFICER CHRISTIAN BAECHLI

DEPARTMENT
Human Resources

RECOMMENDATION
Request the City Council adopt Resolution No. 202 6-113, approving the California Public Employees’ Retirement System (CalPERS) Industrial Disability Retirement for Police Officer Christian Baechli.

Staff Recommendation: Approval (Human Resources: Jessica Perpetua, Director of Human Resources) Presenter: Jessica Perpetua, Director of Human Resources ESSENTIAL SERVICE – Internal Requirement
COUNCIL PRIORITY –

FISCAL ANALYSIS
None

PREVIOUS ACTION
None

BACKGROUND
Officer Christian Baechli filed for Industrial Disability Retirement on June 18, 2026. He was employed by the City of Escondido for 6 years, prior to an Industrial Disability Retirement. His last day of employment was on September 1, 2026. The basis for Officer Christian Baechli ’s Industrial Disability Retirement application is confirmed by the medical reports received from Dr. Dayang Jaya. Officer Baechli’s condition is orthopedic in nature. Accordingly, Officer Christian Baechli is incapacitated within the meaning of the Public Employees’ Retirement Law for performance of his usual and customary duties in the position of Police Officer.

Under state law, CalPERS requires the City Council to adopt a resolution stating that competen t medical evidence supports the granting of an Industrial Disability Retirement. Based on medical evidence, staff 17 Item5.

recommends the City Council adopt Resolution No. 2026-113, approving the CalPERS Industrial Disability Retirement for Officer Christian Baechli to be effective September 02, 2026.

RESOLUTIONS
a. Resolution No. 2026-113

18 Item5.

RESOLUTION NO. 2026-113

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, APPROVING THE

CALPERS INDUSTRIAL DISABILITY RETIREMENT FOR

FORMER POLICE OFFICER CHRISTIAN BAECHLI

WHEREAS, the City of Escondido (the “City”) is a contracting agency of the California Public Employees’ Retirement System (“CalPERS”); and
WHEREAS, the California Public Employees’ Retirement Law (Government Code Section § 20000 et seq.) (“California law”) requires that the City determine whether an employee classified as a local safety member is disabled for purpose of the California law and whether such disability is “industrial” within the meaning of such law; and
WHEREAS, Christian Baechli (“Employee”) filed an application with CalPERS on June 18, 2026, for an industrial disability retirement due to an orthopedic injury of the lumbar spine; and WHEREAS, the Employee, was employed by the City in the position of Police Officer; and WHEREAS, the City Council of the City of Escondido has reviewed the medical and other evidence relevant to this industrial disability.

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

1. That the above recitations are true.
19 Item5.

2. That the City Council does hereby find and determine that Employee is incapacitated within the meaning of the California Public Employees’ Retirement Law for performance of his duties in the position of Police Officer.

3. That the City Council certi fies Resolution No. 202 6-113 in accordance with Government Code Section § 21156, that this determination was made on the basis of competent medical opinion, and was not used as a substitute for the disciplinary process.

4. That the Employee had filed a Workers’ Compensation claim for his disabling condition. The City accepted the Employee’s Workers’ Compensation claim.

5. That neither Employee nor the City of Escondido has applied to the Worker’s Compensation Appeals Board for a determination pursuant to Government Code Section § 21166 whether such disability is industrial.

6. His last day on paid status was September 1, 202 6; the employee was separated on September 2, 2026, effective date of retirement September 2, 2026.

7. That there is not a possibility of third-party liability.

8. That the City will make monthly Advanced Disability Pension Payments of $5,628.60, beginning October 1, 2026, until CalPERS begins making retirement payments. The City will also make a one- time advance disability payment of $5,440.98, for the remaining twenty-nine days of September 202 6.

CalPERS will send the reimbursement check to: City of Escondido Workers’ Compensation Department at 201 N. Broadway, Escondido, CA 92025.

9. That the primary disabling condition is an orthopedic injury to his lumbar spine, and arose out of and in the course of employment.
20 Item5.

10. That there is competent medical opinion certifying the disabling condition to be permanent.

11. That based on informatio n and belief, and on the information provided by City staff, the City Council certifies under penalty of perjury that all statements in this Resolution are true and correct. 21 Item5.

STAFF REPORT

September 2, 2026
File Number 0480-70

SUBJECT

REQUEST FOR AUTHORITY TO ACCEPT GRANT FUNDS AND EXECUTION OF GRANT AGREEMENTS AND FORMS FOR THE PROJECT BPMP-5081(032) – CITY WIDE BRIDGE MAINTENANCE PROJECT

DEPARTMENT
Development Services, Engineering Services

RECOMMENDATION
Request the City Council adopt Resolution No. 2026-141 authorizing City officers, or their designees, on behalf of the City, to accept grant funds in the amount of $252,074 and to execute all grant forms and agreements necessary for funding and completion of the City-Wide Bridge Maintenance Project.

Staff Recommendation: Approval (Development Services: Kevin Snyder, Development Services Director) Presenter: Jason Christman, Interim City Engineer
ESSENTIAL SERVICE – Yes, Public Works/Infrastructure; Keep City Clean for Public Health and Safety COUNCIL PRIORITY – Eliminate Structural Deficit; Improve Public Safety

FISCAL ANALYSIS
As part of the Bridge Preventive Maintenance Program ( “HPMP”), administered through the Highway Bridge Program (“HBP”), the City has been awarded $252,074. The City’s total grant application was for $315,093, including the specified matching fund s of 20 %. The adopted Capital Improvement Project (“CIP”) budget includes $63,019 in the City’s matching funds programmed under Gas Tax funds during Fiscal Year 2026/2027 and Fiscal Year 2027/2028.

PREVIOUS ACTION
None

BACKGROUND
The City has successfully received HBP funds to conduct preventive maintenance repair to 16 of the bridges. The terms of the Federal HBP funding requirements are as follows: Preliminary Engineering (“PE”) authorization must occur in the current fiscal year ( “FY”). Construction Authorization ( “CA”) can be scheduled for future fiscal years. HBP Funds requires 20% local match, hence the City must budget for its 22 Item6.

matching share in the current FY for PE and allocate additional matching funds in future FYs for the Construction phase. The local match funds will be programmed under Gas tax funds.

Furthermore, the repairs include removing the unsound concrete around steel reinforcing bars, surface cleaning and patching with suitable structural concrete patching material, replace compression seals at abutments, clean and seal the joint with pourable sealant, remove all unsound concrete along the top of the pier wall, grind and overlay which are in compliance with the terms of the HBP funds.

In the interest of efficacy and a s required by the HPMP grant administrator, it is requested that the City Council adopt Resolution No. 2026-141 authorizing City officers as appropriate , or their designee s, to accept grant funds in the amount of $252,074 and to execute all grant forms and agreements necessary for funding and completion of the City-Wide Bridge Maintenance Project. Such forms include but are not limited to the Program Supplement No. F030 to Administering Agency-State Agreement for Federal-Aid Projects No . 11-5081F15, attached to Resolution No. 2026 -141 as Exhibit “ A”. For refe rence, the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on July 21, 2017 is attached hereto as Attachment “1”.

RESOLUTIONS
a. Resolution No. 2026-141
b. Resolution No. 2026-141—Exhibit “A"—Program Supplement No. F030 to Administering Agency-State Agreement for Federal-Aid Projects No. 11-5081F15

ATTACHMENTS
a. Attachment “1”—Master Agreement Administering Agency-State Agreement for Federal Aid Projects dated July 21, 2017
b. Attachment “2” —Federal Bridge Preventative Maintenance List of Escondido Priority Locations

23 Item6.

RESOLUTION NO. 2026-141

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO AUTH ORIZING THE RECEIPT OF GRANT

FUNDS AND EXECUTION OF GRANT AGREEMENTS AND
FORMS FOR THE PROJECT BPMP-5081(032) – CITY WIDE

BRIDGE MAINTENACE PROJECT
WHEREAS, the City of Escondido (“City”) is eligible to receive federal and/or state funding for certain transportation projects, through the California Department of Transportation; and WHEREAS, the City submitted a grant application for the of the City -Wide Bridge Maintenance Project (“Project”) and, as part of the Bridge Preventive Maintenance Program ( “HPMP”), administered through the Highway Bridge Program, has been awarded $252,074 as a result of said application; and WHEREAS, various forms and other documents including but not limited to Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements (collectively referred to herein as “Grant Agreements”) must be executed with the California Department of Transportation before the awarded $252,074 grant funds can be claimed by the City; and WHEREAS, the City Council wishes to delegate authorization to authorized City officers, including the City Manager and the Director of Development Services, as apprpriate, to execute said Grant Agreements.

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

1. That the above recitations are true.

2. That the City Council herey d elegates authority to authorized City officers, including the City Manager and the Director of Development Services, as 24 Item6.
appropriate, to execute all Grant Agreements , attached hereto as Exhibit “A” with California Department of Transportation which may be necessary for receipt of the $252,074 in HPMP grant funds for the Project, and any additional documents and budget adjustments as required to expend the funds anticipated from the grant. 25 Item6.

F030
FOR FEDERAL-AID PROJECTS NO 11-5081F15
1126000214
June 12, 2026
11-SD-0-ESD
BPMP-5081(032)
5081
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 07/21/2017 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached).

The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.

Various Bridges in the City of Escondido
Bridge Rehabilitation and Reconstruction 0.0(MILES)
Federal FundsEstimated Cost Matching Funds
Y001 $252,074.00

CITY OF ESCONDIDO
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to

ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:

Location:

Project Number:

E.A. Number:

Locode:

PROJECT LOCATION:

TYPE OF WORK: LENGTH:

LOCAL OTHER
$315,093.00 $63,019.00 $0.00
Chief, Office of Project Management Oversight

STATE OF CALIFORNIA
Department of Transportation
$252,074.00
1 Page of 7Program Supplement 11-5081F15-F030- ISTEA
6/16/2026
Resolution No. 2026-141
Exhibit "A"

Page 1 of 7 ends

Item6.

SPECIAL COVENANTS OR REMARKS
11-SD-0-ESD
BPMP-5081(032)

1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.

B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s).

C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration.

D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.

Failure to do so will cause a delay in the State processing invoices for the construction phase.

Attention is directed to Section 15.6 "Award Package" of the Local Assistance Procedures Manual.

E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.

If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.

ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.
2 Page of 7Program Supplement 11-5081F15-F030- ISTEA
Resolution No. 2026-141
Exhibit "A"

Page 2 of 7 ends

27 Item6.

SPECIAL COVENANTS OR REMARKS
11-SD-0-ESD
BPMP-5081(032)
F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.

ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.

H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. 3 Page of 7Program Supplement 11-5081F15-F030- ISTEA
Resolution No. 2026-141
Exhibit "A"

Page 3 of 7 ends

28 Item6.

SPECIAL COVENANTS OR REMARKS
11-SD-0-ESD
BPMP-5081(032)

2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.

B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.

C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.

E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. 4 Page of 7Program Supplement 11-5081F15-F030- ISTEA
Resolution No. 2026-141
Exhibit "A"

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29 Item6.

SPECIAL COVENANTS OR REMARKS
11-SD-0-ESD
BPMP-5081(032)
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.

H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.

I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations.

J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.

K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph:

ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested.

All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.

L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system
5 Page of 7Program Supplement 11-5081F15-F030- ISTEA
Resolution No. 2026-141
Exhibit "A"

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SPECIAL COVENANTS OR REMARKS
11-SD-0-ESD
BPMP-5081(032)
of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.

M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.

N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.

O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.

P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement.

3. In the event that construction of this project of the initial federal authorization for right of way is not started by the close of the twentieth fiscal year following the fiscal year in which the right of way is authorized, the ADMINISTERING AGENCY shall repay the Federal Highway Administration through Caltrans the sum of Federal funds paid under the terms of this agreement.

Authorizing the ROW phase of a project as Advance Construction does not exempt the project from the provisions of 23 U.S.C. 108(a)(2), and 23 CFR 630.112(c)(1).

4. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

Pertinent Nondiscrimination Authorities:

A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR 6 Page of 7Program Supplement 11-5081F15-F030- ISTEA
Resolution No. 2026-141
Exhibit "A"

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SPECIAL COVENANTS OR REMARKS
11-SD-0-ESD
BPMP-5081(032)
Part 21.

B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
K. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 7 Page of 7Program Supplement 11-5081F15-F030- ISTEA
Resolution No. 2026-141
Exhibit "A"

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61 Item6.

City of Escondido
Federal Fiscal Year 2022/2023 Bridge Preventive Maintenance Program PM00216
Priority (Lowest
Number Is Top
Priority)
Bridge Number
from
Inspection
Report Year built Facility Carried
Feature
Intersected Location
Sufficiency
Rating
Functional Class (item
26) Capacity Factor /
Weight reduction
Factor
SD/FO
Status Work Description
Deck Area
(ft2)
Unit Cost
($/ft2) Federal Share Local Share
Total Particip.

Cost
1 57C0446 1967 Tulip Street Escondido Creek 0.12 m N/O Valley Pwky 95.0 Collector Urban Remove unsound concrete,
abrasive blast rebar and patch
with structural concrete patching
material and replace the
compression "Type B" joint
seals and replace with new
"Type A" pourable joint seal. 7,257.46 10.50 60,962 15,241 76,203 2 57C0443 1966 Lincoln Ave Reidy Creek

0.3 m E/O Rock Springs
Rd 87.3 Local Urban
Remove unsound concrete,
abrasive blast rebar and patch
with structural concrete patching
material.
4,373.38 10.50 36,736 9,184 45,920
3 57C0447 1965/1990 Quince Street Escondido Creek 0.1 m N/O Valley Pwky 94.1 Collector Urban Grind and overlay
Replace joint seals and repair
and patch exposed rebar on the
box girder. 4,030.01 9.00 29,016 7,254 36,270
4 57C0451 1966 Juniper Street Escondido Creek 0.1 mi S/O RTE 78 99.7 Collector Urban Remove unsound concrete
around bars, abrasive blast and
patch with suitable structural
concrete patching material,
replace compression seals at
both abutments, clean and seal
the joint with pourable sealant,
remove all unsound concrete
along the top of the pier wall,
abrasive blast exposed steel
and patch with suitable structural
concrete patching material.

Clean deck and place 1"
polyester concrete overlay 2,836.51 13.50 30,634 7,659 38,293 5 57C0592 1988 Harding Street Escondido Creek 0.1 mi N Valley Pkwy 96.5 Collector Urban Repair and patch spall around
utility opening 24x4x2 inches
and repair edge spall along
abutment joint 5,436.31 7.00 30,443 7,611 38,054
6 57C0445 1967 Harmony Grove Rd Escondido Creek 0.1 mi E/O Howard St 87.7 Collector Urban Remove and reconstruct
cracked top portion of NW
wingwall and replace all
pourable and compression joint
seals abutments and bent. 3,010.13 10.50 25,285 6,321 31,606 7 57C0444 1966 Washington Ave Reidy Creek 0.4m E/O RTE 15 96.6 Minor Arterial Urban Grind and overlay, remove
unsounds concrete and patch
spalls.
3,148.44 8.50 21,410 5,352 26,762
8 57C0452 1966 Hickory Street Escondido Creek 0.1 mi S/O RTE 78 99.7 Local Urban Clean and seal the deck with
HMW methacrylate, replace
compression joint seals, inject
epoxy and remove fractured
section and rebuild, remove all
unsound material and patch the
spalls along the pier wall. 3,086.01 7.50 18,516 4,629 23,145 10 57C0448 1966 Escondido Blvd Escondido Creek 0.3 mi S Washington Bl 93.3 Minor Arterial Urban Remove all delaminated deck
area and place polyester
overlay, repair and patch spall
(6x48x3), replace all pourable
joint seals. 2,434.80 10.50 20,452 5,113 25,565
13 57C0455 1970 Midway Drive Escondido Creek 0.2 mi N/O Valley Pkwy 92.4 Abrasive blast deck and seal
entire deck with methacrylate
3,571.47 7.00 20,000 5,000 25,000
15 57C0454 1970 Rose Avenue Escondido Creek 0.1 mi N/O Valley Pkwy 94.7 Collector Urban, Safe
Load rating being
reviewed
Replace cracked type B joint
seal 2,836.51 3.00 6,808 1,702 8,510
17 57C0356 1973 El Norte Parkway Escondido Creek 0.2 m W/O Valley Pkwy 92.8 Minor Arterial Urban / 2-
way traffic
Joint possible replacement,
clean and seal the deck with
HMW methacrylate 2,136.10 9.50 16,234 4,059 20,293
rev. 10/19/2022 Page 1 of 2
Attachment "2"
62 Item6.

Cost
19 57C0408R 1948 Center City Parkway Escondido Creek
Center City Parkway 0.11
miles north of Valley
Parkway 67.5 Moinor Arterial

1. repair and patch the spall on
the bottom edge of the slab
located at NE corner on span 2

2. pin the temp k-rail to the
curbing on which it sits (not
included in the participation
cost)

3. replace deteriorated
components of the rails that
have been removed/corroded 3,635.00 310,600 77,650 388,250 20 57C0546 1982 Auto Parkway Escondido Creek
Auto Parkway 550 ft west
of W.Valley Parkway 76.8 Minor Arterial

1. seal entire deck with
methacrylate

2. remove unsound concrete
and patch severe vertical cracks
located NW corner of bridge rail

3. replace type B joint seal at
abutment 1

4. repair and patch the spall with
exposed rebar, located on SE
corner of abutment 6,362.00 139,400 34,850 174,250
21 57C0458 1954 Broadway Escondido Creek

0.55 miles south of Route
78 78.6 Moinor Arterial

1. replace deterirorated
components of rusting out steel
rails.

2. remove all unsound concrete
delaminations at both ends of
the pier wall and patch them 4,573.00 149,000 37,250 186,250 22 57C0456 1971 Citrus Avenue Escondido Creek
Citrus Avenue 0.3 miles
north of Valley Parkway 77.9 Major Collector

1. clean the deck by abrasive
blasting and seal the deck with
methacrylate

2. clean type B joint at the south
side, which is filled with dirt and
debris to the top of the armored
edging (not included in the
participation cost) 2,332.00 92,800 23,200 116,000
$ 1,008,296 $ 252,075 $ 1,260,371 HBP Requested Programming
Total
Participating
Federal
(Participating)
Local
(Participating
Local (Non-
Participating)
25% PE 315,093 252074.2 63,019
75% CON 945,278 756222.6 189,056
Total 1,260,371 1,008,297 252,074 10,000
Grand Total =
Project Prioritization
Local Agencies must develop objective procedures to prioritize their preventive maintenance projects. These procedures must be included in the project files for review in future audits. High priority projects should include the repair of scour countermeasure, embankment erosion control and the repair, restoration, and strengthening of structural elements.

Priority should be given to bridges that are not eligible for rehabilitation or replacement under the Federal Highway Bridge Program. The intent of the program is to keep these bridges in structurally good condition to maximize their service life and to conserve limited funds available for bridges that do require major rehabilitation or replacement. (Bridges eligible for rehabilitation or replacement are rated SD or FO and have a sufficiency rating of 80 or less.)
Deadlines:

Local agency transmits the BPMP with cover letter certifying compliance with these program guidelines. The electronic copy (any spreadsheet format) should be included with the paper transmittal letter. The DLAE’s must receive the BPMPs by September 30th for funds to be obligated in the next FFY year, and January 30th of each year for adjustments. No time extensions will be granted.

Accountability:

Local Agencies are responsible for understanding and complying with the program requirements defined in the "Bridge Preventive Maintenance Program Guidelines For Local Agencies."
rev. 10/19/2022 Page 2 of 2
Attachment "2"
63 Item6.

STAFF REPORT

September 2, 2026
File Number 0610-70

SUBJECT

APPOINTMENT OF INTERIM CITY ATTORNEY AND AUTHORIZATION TO ENTER INTO EMPLOYMENT

AGREEMENT

DEPARTMENT
Human Resources and City Attorney Offices

RECOMMENDATION
Request the City Council adopt Resolution No. 2026-145 (1) appointing M. Dare DeLano as Interim City Attorney and (2) authorizing the Mayor to execute an employment agreement for the Interim City Attorney.

Staff Recommendation: Approval (Department Name: Human Resources, Jessica Perpetua, Director of Human Resources; City Attorney’s Office: Michael McGuinness, City Attorney) Presenter: Jessica Perpetua, Director of Human Resources ESSENTIAL SERVICE – Yes, Municipal Code requirement for appointment of City Attorney COUNCIL PRIORITY – Build Trust and Accountability; Restore Organizational Capacity

FISCAL ANALYSIS
The proposed employment agreement includes a standard 10% increase to Ms. DeLano’s current Assistant City Attorney salary to assume the increased duties of the position during the Interim period but that increase is offset by the reduction of the current City Attorney’s salary. The salary paid during the interim will be $277,200. The fiscal impact of the appointment of the permanent City Attorney will be dependent on a negotiated salary and further benefits as may be provided by an employment agreement.

PREVIOUS ACTION
In February 2017, p ursuant to Resolution No. 2017 -31, current City Attorney Mi chael McGuinness was appointed as the Interim City Attorney. An At Will Employment Agreement was executed by the City and Mr. McGuinness for that appointment. Thereafter, on or about May 10, 2017, and pursuant to Resolution No. 2017-70 and a new employment agreement, Mr. McGuinness was appointed as the City Attorney by the City Council. That agreement was amended twice pursuant to Resolution No. 2018 -108 and Resolution No. 2024 -185 to increase the salary of the City Attorney and make other adjustments to 64 Item7.

available benefits. In March 2026, Mr. McGuinness gave notice that he was retiring effective September 4, 2026.

On May 20, 2026, the City Council formed an Ad Hoc Subcommittee (“Subcommittee”) to undertake the appointment of a new City Attorney. The City retained T eri Black & Co., LLC to conduct a state -wide recruitment to fill the position. That recruitment process has not yet been completed.

On August 26, 2026, the Subcommittee and thereafter in Closed Session, the City Council met to discuss the status of the recruitment process and appointment of Ms. DeLano as Interim City Attorney during the pendency of the recruitment process.

Ms. DeLano has agreed to serve in the capacity of Interim City Attorney during the period prior to the final appointment.

BACKGROUND

1. Appointment of Interim City Attorney
The Escondido Municipal Code (“EMC”), at Article 4 of Chapter 2, provides for the creation and staffing of the Office of the City Attorney. Pursuant to EMC § 2-81, the City Council is required to appoint a city attorney who “shall hold office during the pleasure of the council or for such term as may be provided by an employment agreement between the city and the city attorney.” The City Attorney serves as the Chief Legal Officer for the City and, pursuant to EMC § 2-84, is required to provide certain duties includ ing advising the city officials in all legal matters pertaining to city business, frame all ordinances and resolutions required by the council , and perform other legal services required from time to time by the council.

By Code, the City Attorney is responsible for the management and control over the City Attorney’s Office. (EMC § 2-85). The Code does not provide for the responsibility to staff, manage or otherwise handle the legal affairs of the City to any person other than the City Attorney. As a result, with Mr. McGuinness’ retirement, the City Council must appoint an Interim City Attorney to manage the City Attorney’s Office until its recruitment for the permanent selection is concluded and the new City Attorney undertakes those duties.

Currently the City Attorney’s Office is staffed with a total of eight attorneys and five staff. The office handles the vast majority of legal work of the City including claims administration and civil litigation; real property, land use and environmental matters ; labor and employment; contracts and procurement; advising the Clerk’s Office on Public Records requests; Code Compliance advice and enforcement ; ordinance drafting; and a vast array of general municipal advice to the councilmembers and all City staff.

65 Item7.

2. Proposed Selection for Interim City Attorney
Beginning her City employment as the Senior Deputy City Attorney in June 2022, Ms. DeLano was promoted to Assistant City Attorney in October 2024. Prior to entering City employment, Ms. DeLano was a partner in the law firm DeLano & DeLano and her professional legal career dates back to 1994. Ms .

DeLano received her B.A. from the University of Dallas, Tex as, her Juris Doctorate degree from the University of Virginia School of Law, and an LL.M in International Legal Studies from New York University School of Law. She has been a member of the California Bar Association since 1998, as well as admitted to practice before the United States District Court for the Southern District of California , in addition to other courts.

Ms. DeLano’s municipal expertise is broad and deep and she se rves as the principal advisor on all legal issues handled by the City’s Dev elopment Services Department including , but not limited to : Housing, Planning, Engineering, complex land use, cultural resources, zoning, and CEQA and environmental matters. She also serves as the legal advisor to the City’s Planning Commission . She has served as the second-in-command and managed the office when the City Attorney has been absent. Further, she regularly attends Senior Management and Leadership meetings and is fully involved in all aspects of the City Attorney’s Office’s currently handling of its cases and matters.

3. Employment Agreement
As noted, by Code, the Interim and permanent City Attorney serves pursuant to an employment contract.

Resolution No. 2026 -145, includes as Attachment “A” a proposed contract between the City and Ms.

DeLano providing for the salary and benefits, as well as employment status , of Ms. DeLano during the pendency of the interim appointment.

On August 26, 2026, the City Council met in Closed Session to consider this appointment and the terms of an employment agreement.

CONCLUSION
In light of the foregoing, it is recommended that the City Council adopt Resolution No. 2026-145 to appoint Ms. DeLano as Interim City Attorney and authorize the Mayor to execute an employment agreement containing satisfactory terms with Ms. DeLano to serve in the role of Interim City Attorney until such time as the effective date of the appointment of the permanent City Attorney.

RESOLUTION
a. Resolution No. 2026-145
b. Resolution No. 2026-145 - Exhibit “A” At Will Employment Agreement

66 Item7.

RESOLUTION NO. 2026-145

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, APPOINTING M. DARE
DELANO, ESQ. AS INTERIM CITY ATTORNEY AND

AUTHORIZING THE MAYOR TO EXECUTE, ON BEHALF OF

THE CITY, AN EMPLOYMENT AGREEMENT FOR THE

INTERIM CITY ATTORNEY

WHEREAS, Article 4 of Chapter 2 of the Escondido Municipal Code (“Code”) provides for the creation of the Office of the City Attorney; and
WHEREAS, pursuant to Sections 2 -81 and 2-85 of the Code, the City Council shall appoint a City Attorney, who shall hold that office at the pleasure of the City Council for such time as may be provided by an employment agreement and be responsible for the management and control over that department; and
WHEREAS, Michael R. McGuinness, Esq. has served in the role as the appointed Interim City Attorney and permanent City Attorney since February 22, 2017 and May 3, 2017, respectively; and WHEREAS, in March 2026, Mr. McGuinness advised the City Council of his upcoming retirement effective at the close of business September 4, 2026; and WHEREAS, the recruitment for the position of City Attorney is currently underway and an appointment of the permanent City Attorney has not been completed; and WHEREAS, upon Mr. McGuinness’ retirement, the City is required to appoint either a City Attorney or Interim City Attorney and enter into an employment contract with that individual to provide the services required by Code; and
WHEREAS, Assistant City Attorney M. Dare DeLano, Esq. has the experience and qualifications to serve in the capacity of Interim City Attorney while the recruitment for the permanent appointment is being concluded; and
WHEREAS, the City Council and Ms. DeLano desire and deem it is in the best interests of the City to appoint Ms. DeLano as Interim City Attorney effective at close of business September 4, 2026, and the 67 Item7.
term of such appointment will expire upon the effective date of the appointment of the City Attorney, and enter into an employment agreement for those services as required by the Code.

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

1. That the above recitations are true.

2. That the City Council appoints M. Dare DeLano as the Interim City Attorney effective September 4, 2026, and she shall serve until such time as the City Attorney’s appointment is effective, and she shall have those rights, duties and responsibilities as the City Attorney as provided for in the Code and as may otherwise be required in the employment agreement.

3. The City Council authorizes the Mayor to execute, on behalf of the City, an employment agreement with Ms. DeLano to serve as Interim City Attorney, a copy of which is attached hereto as Exhibit “A” and as may be approved by the current City Attorney.

68 Item7.

INTERIM CITY ATTORNEY

EMPLOYMENT AGREEMENT
This Interim City Attorney Employment Agreement (“Agreement”) is entered into as of the date this Agreement is approved by the City Council for the City of Escondido, by and between the City of Escondido, California, a municipal corporation ("Employer"), and M. Dare DeLano, an individual (" Employee"). Employer and Employee are sometimes individually referred to as a "Party" and collectively as the "Parties."
Between:

And:

CITY OF ESCONDIDO
201 N. Broadway
Escondido, California 92025
("Employer")
M. Dare DeLano
201 N. Broadway
Escondido, CA 92025
("Employee")

RECITALS
WHEREAS, Employer and Employee wish to enter into an Agreement providing for Employee to serve as the Interim City Attorney for the City of Escondido, as provided by the California Government Code and Chapter 2, Article 4 of the Escondido Municipal Code; and WHEREAS, Employee has been employed by Employer as an Assistant City Attorney since 2022; and
WHEREAS, it is the desire of Employer to provide certain benefits and establish certain conditions of employment of Employee for the purpose of securing and retaining the services of Employee; and
WHEREAS, Employee desires to be employed as the Interim City Attorney for the City of Escondido.

Resolution No. 2026-145
Exhibit "A"

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2 AGREEMENT
NOW THEREFORE, in consideration of the mutual covenants set forth below, the Parties agree as follows:

SECTION 1. Duties.

Employer employs Employee as the Interim City Attorney of the City of Escondido to perform the functions and duties specified by law and in the Escondido Municipal Code, and to perform such other legally permissible and proper duties and functions as the Council shall from time -to-time assign. It is acknowledged by Employer and Employee that, as provided in Esco ndido Municipal Code Sections 2 -81 and 2 -84, the City Attorney takes direction from the Council as a whole, provided that the Council may expressly authorize a Council subcommittee, the Mayor, or other council member to give direction on particular matters and such subcommittee, the Mayor, or council member may give direction to the City Attorney within the scope of such Council authorization. Employer and Employee understand that no such direction from the Council shall be contrary to or in violation of law or applicable California Rules of Preferred Conduct. With respect to such authorizations, the Council acts only through duly enacted resolutions, ordinances, or minute action.

SECTION 2. Term.

(a) This Agreement shall be effective as of September 4, 2026 , and shall terminate as provided elsewhere in this Agreement.
(b) Employee understands that she is an "at will" employee under controlling law and is "at will" serving at the pleasure of the Council pursuant to Chapter 2, Article 4 of the Escondido Municipal Code. Nothing in this Agreement is intended to, nor shall it, prevent, limit or otherwise interfere with the right of Employer, in Employer's discretion, to terminate the services of Employee at any time in accordance with said laws and the provisions of this Agreement.
(c) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position with Employer, provided she shall first provide forty-five (45) days advance written notice of such resignation to Employer.

SECTION 3. Salary and Benefits.
(a) Employer will pay Employee a base salary of Two Hundred, Seventy-seven Thousand, Two Hundred dollars ( $277,200) per year ("Salary"). Such Salary shall be payable at the time as other employees of Employer are paid.

Resolution No. 2026-145
Exhibit "A"

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3 (b) Employer may from time to time adjust the monthly Salary and/or other benefits of Employee in such amounts and to such extent as the City Council may determine is appropriate, taking into account the City's budgetary needs, its financial resources, and such other factors as the Council may determine to be relevant at the time, provided that no decrease shall be made that is any different than is made to unclassified City employees generally.
(c) In addition to such Salary, Employee shall further be entitled to all benefits she currently receives and such others as are provided to other management employees generally.

SECTION 4. Termination.

This Agreement may be terminated at any time as follows:

(a) By Employer.

Employer may terminate this Agreement at any time, either with or without cause, by majority vote of the total membership of the City Council. Termination shall be under one or more of the following subparagraphs:
(1) For Cause:

(A) Misconduct. In the event that Employer determines there is good cause to terminate this Agreement due to (1) malfeasance, (2) gross negligence, (3) fraud, or (4) conviction of a crime other than a traffic offense or infraction on the part of Employee, Employer shall give Employee notice of termination, which at the option of the Council shall either be effective immediately, or the notice shall specify the intent to terminate and the date the termination will become final. ln either case the notice shall be accompanied by a statement of the basis for the termination. In the ca se of a termination that is effective immediately, Employee shall have the right to present any rebuttal information to the Council, in writing, no later than 10 calendar days after the termination.

In the event that the Council gives notice of an intent to terminate at a future date, Employee shall have the right to present any rebuttal information to the Council, in writing, prior to the effective date of the termination. In either case, Employee shall have the right to be represented and to have a hearing before the Council, in open or closed session as authorized by the Brown Act, within 14 days following termination. The Council shall review any rebuttal information provided by Employee and any other relevant material and shall then determine whether to uphold the termination or to rescind it. The Council's decision shall be final. Any actions of Employer taken under this paragraph shall occur only after the Resolution No. 2026-145
Exhibit "A"

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4 majority vote of the total authorized membership of the City Council. (B) Material Uncorrected Fail ure to Perform. In the event that Employer determines there is good cause to terminate this Agreement that does not rise to the level of seriousness addressed above in subparagraph 4(a)(1)(A), such as (1) a repeated material failure to meet stated, reasonable performance objectives that are within Employee's control, or (2) uncorrected, material failure to present a positive image to the Council, staff, public or media on behalf of Employer, Employer may terminate the Agreement for cause provided Employer (1) first gives notice to Employee in writing of the alleged failure in performance and a reasonable opportunity to cure the problem, and (2) gives Employee a reasonable opportunity to present evidence to the Council in rebuttal to any alleged failure in performance or of any extenuating circumstances showing that the failure was beyond the control of Employee. Employer will not terminate for cause under this subparagraph 4(a)(1)(B) unless it is determined in writing that the evidence in support of the grounds for termination is substantial taking into account all of the information available to the Council, including any evidence presented by Employee. Any actions of Employer taken under this paragraph shall occur only after the majority vote of the total authorized membership of the City Council.
(C) No Severance Benefits. In the event that this Agreement is terminated by Employer pursuant to Subparagraph 4(a)(1) for cause, Employee shall not be entitled to any severance benefits under this Agreement or under any other provision of law or Employer policy or procedure, except for previously accrued vacation and management leave to which Employee is otherwise entitled. (2) For Convenience:

Employer may terminate this Agreement at any time without cause and for its convenience as Employer shall in its sole discretion determine appropriate provided (1) Employee shall be given thirty (30) days ’ notice and an opportunity to be heard, in open or closed session or in writing, as the Council shall determine consistent with the Brown Act, with respect to the proposed termination before it becomes effective, (2) the Council shall vote by not less than a majority of the total membership of the Council to exercise its termination rights under this subparagraph. Employee sha ll be offered the severance benefits specified below in Section 5 which she may accept or reject as provided in Section 5.

(b) By Employee.

Resolution No. 2026-145
Exhibit "A"

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5 Employee may terminate this Agreement at any time, with or without cause, by (1) giving Employer forty-five (45) days advance written notice of her intent to terminate, or (2) may terminate sooner by mutual agreement with Employer. In the event that Employee exercises her right to terminate, she shall not be entitled to the severance benefits set forth below under Section 5 or to any other similar termination benefits under law or Employer's rules or regulations, provided however, that Employee shall be entitled to payment for any vacation, management leave and sick leave earned and unused at the time his notice of termination is effective.

SECTION 5. Severance.

In the event that Employee's employment is terminated by Employer for convenience pursuant to Section 4(a)(2) above, Employee shall be offered and shall be entitled to the severance benefits stated in this Section 5, as follows:
(a) Computation; Items included.

Employer shall offer to Employee, and subject to Employee's exercise of her right to accept or decline severance benefits as set forth below, to pay salary and benefits but exclude other benefits provided by this Agreement, for a period of three hundred sixty - five (365) days from the date of termination. Such severance benefits s hall be paid in addition to payment of any accrued vacation, sick leave, or management leave otherwise payable to Employee. However, in lieu of the severance benefits set forth in this paragraph, and at Employer's sole discretion, Employer may elect to make a bona fide, realistic and good faith opportunity for Employee to return to and continue in h er position as Assistant City Attorney at the same salary and benefits as Employee was receiving prior to executing this Agreement.
(b) Separately Negotiated; Waiver.

The parties expressly acknowledge and agree that these severances pay provisions have been independently negotiated. Acceptance by Employee of the severance pay benefits provided by this Section 5 shall operate as a full and complete waiver and release of any and all rights, claims, and/or causes of action which Employee may have, or have had, at any time, in the past or in the future, arising out of Employee's employment by Employer, including but not limited to claims for wrongful termination of this Agreement. If Employee wishes to retain any such rights, Employee must decline to accept the severance benefits provided by this paragraph. Employee shall notify Employer of this election to accept or reject these severance benefits within seven (7) days of notice of termination of this Agreement, or within such other time period as the parties may agree to in writing.

Resolution No. 2026-145
Exhibit "A"

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6 Acceptance of the severance benefits under this paragraph will operate as a general release on the part of Employee as to all claims, k nown or unknown, and Employee specifically waives the provisions of California Civil Code Section 1542 which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE

RELEASE, WHICH IF KNOWN BY HIM MUST HAVE

MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR.
(c) The severance provisions of this Agreement shall not apply in the event Employee is terminated for cause.
(d) Regardless of the term of this Agreement, if this Agreement is terminated, any cash settlement related to the termination that Employee may receive from Employer shall be fully reimbursed to Employer if Employee is convicted of a crime involving abuse of Employee's office or position.

SECTION 6. Management Leave.

In addition to Employee's entitlement to holiday and vacation leave on the same basis as is available to other management employees generally in accordance with Section 3(c) of this Agreement, Employee shall be entitled to the same management leave available to members of the City management team generally.

SECTION 7. Conversion of Unused Leave Time to Salary.

In addition to any other provision of the City Code or this Agreement authorizing conversion of unused leave time to salary, Employee shall be entitled, as she may determine at h er sole discretion, to convert up to fifteen (15) days of unused leave time (whether vacation, management or reserve time leave) each year during the term of this Agreement to salary. Employee shall exercise her right to convert leave time to salary by giving notice in writing to the payroll staff stating the number of days of leave time, if any, which shall be converted to salary. Such notice shall be given between July 1 st and October 1st for each year for the term of this Agreement. Employer shall pay Employee the salary equivalent of the leave time, if any, so converted within thirty (30) days of delivery of such notice. Any such converted leave time shall not be included in computation of severance benefits pursuant to Section 5.

Resolution No. 2026-145
Exhibit "A"

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7 SECTION 8. Evaluation.

The City Council may review and evaluate the performance of the Interim City Attorney on a regular basis. Normally, a review and evaluation may occur on an annual schedule and pursuant to an evaluation form developed by the City Council. Copies of any written evaluation will be provided to the Interim City Attorney and he shall be given an opportunity to discuss her evaluation with the City Council.

SECTION 9. Dispute Resolution.

(a) Informal Meet and Confer.

The Parties agree to meet and confer informally as the first step towards resolution of any dispute between them arising out of or related to this Agreement. The Council may be represented by a representative of its choosing, and Employee may be represented as well.
(b) Council Resolution.

If the parties are unable to resolve the matter informally through meet and confer, the matter shall be submitted to the Council for final resolution at a meeting to be held by the Council within 30 days of submittal, and the Council shall promptly make a final decision, unless Employee and the Council mutually agree to a longer period. (c) Litigation.

Neither Party shall commence any litigation, arbitration, or other formal dispute resolution process until the above referenced informal meet and confer session and final Council determination have occurred.

SECTION 10. Government Code § 53243, et. seq.
(a) In the event that the City provides paid leave to the Interim City Attorney pending an investigation of a crime involving abuse of her office or position covered by Government Code § 53243, and should that investigation lead to either a criminal conviction or a civil or administrative penalty by the FPPC or any similarly authorized agency, the Interim City Attorney shall fully reimburse the City for any salary provided for that purpose. (b) In the event that the City provides funds for the legal criminal defense of the Interim City Attorney pending an investigation of a crime involving abuse of her office or position covered by Government Code § 53243, and should that investigation lead to either a criminal conviction or a civil or administrative penalty by the FPPC or any similarly authorized agency, the Interim City Attorney shall fully reimburse the City for any funds provided for that purpose.

Resolution No. 2026-145
Exhibit "A"

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8 (c) In the event that the City provides the Interim City Attorney with severance, or any other type of cash settlement related to the termination of the Interim City Attorney, and the Interim City Attorney is subsequently convicted of a crime, or subjected to civil or administrative penalties resulting from abuse of her office or position covered by Government Code § 53243, the Interim City Attorney shall fully reimburse the City for any such severance or cash payment.

This provision shall not be interpreted or construed as creating any contractual obligation on the City to provide paid leave, a legal criminal defense, or cash payment related to an investigation or termination of the Interim City Attorney.

SECTION 11. General Provisions.

(a) Governing Law.

This Agreement shall be interpreted and enforced in conformance with California law.
(b) Entire Agreement.

This Agreement together with the exhibits represents the entire Agreement between the Parties and supersedes any pr ior agreements, written or oral, and any representations, written or oral, not expressly included herein. (c) Venue.

The venue for any litigation to interpret or enforce this Agreement shall be the San Diego Superior Court, North County Division.
(d) Integration Clause.

If any part, provision, paragraph or subparagraph of this Agreement shall be held to be void or unenforceable by a final judgment of a court of competent jurisdiction, then unless that provision is found in such proceeding to be material to this Agreement, said void or unenforceable provision shall be severed from this Agreement and the balance of this Agreement shall remain in full force and effect. In the event that the void or unenforceable provision is found to be material to this Agreement then the entire Agreement shall be voided.

(e) Attorney’s Fees.

The prevailing party in any litigation to interpret or enforce this Agreement shall be entitled to recover her or its attorney's fees in addition to costs.

Resolution No. 2026-145
Exhibit "A"

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9 (f) Independent Review; Interpretation.

Employer and Employee affirm in signing this Agreement that they have each had an opportunity to review and consider this Agreement, and to have it reviewed and to receive advice from independent advisors of their own choosing, including attorneys, and that each knowingly and voluntarily enters into this Agreement. Employer and Employee further affirm that this Agreement was the mutual product of their negotiations, including give and take, and that neither party shall be considered the drafter of this Agreement such that the Agreement is interpreted against that party.

[Signature Page to follow]

Resolution No. 2026-145
Exhibit "A"

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10 IN WITNESS WHEREOF, the City of Escondido has caused this Agreement to be signed and executed on its behalf by its Mayor as authorized by Resolution No. 2026-145, and Employee has signed and executed this Agreement set forth below.

CITY OF ESCONDIDO

Date: __________________ ____________________________________ Dane White, Mayor

EMPLOYEE

Date: __________________ ___________________________________ M. Dare DeLano

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. 2026-145
Exhibit "A"

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STAFF REPORT

September 2, 2026
File Number 0260-45

SUBJECT

HOMELESS UPDATE

DEPARTMENT
Police; Public Works; Fire Departments

RECOMMENDATION
Request the City Council adopt Resolution No. 2026-151 (1) authorizing the Chief of Police to facilitate and conduct two Request for Proposal ( “RFP”) processes: for services related to temporary sobering services, including a sobering center and for homeless outreach services; (2) approving the execution of documents on behalf of the City following the RFP process by authorized City officers; and (3) approving the budget adjustments necessary to fund costs related to the procurement, implementation, and operation of temporary sobering services and homeless outreach services.

Staff Recommendation: Approval (Police Department: Ken Plunkett, Chief of Police) Presenter: Ken Plunkett, Chief of Police
ESSENTIAL SERVICE – Yes, Police Services; Fire/EMS Services; Keep City Clean for Public Health and Safety; Public Works/Infrastructure; Maintenance of Parks facilities/Open Spaces COUNCIL PRIORITY – Be Business Friendly; Build Trust and Acc ountability; Drive Community and Land Development; Prioritize Public Safety; Measure I Investments

FISCAL ANALYSIS
The proposed action will require an estimated $350,000 annually, consisting of approximately $250,000 for homeless outreach services and $10 0,000 for costs associated with temporary sobering services.

Service total for two years will cost approximately $700,000.

BACKGROUND
Staff providing updates on state of homelessness prevention and intervention.

RESOLUTION
a. Resolution No. 2026-151
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ATTACHMENTS
a. Attachment “1”—Budget Adjustment

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RESOLUTION NO. 2026-151

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE CHIEF OF

POLICE TO CREATE RFP FOR SERVICES RELATED TO

TEMPORARY SOBERING SERVICES AND HOMELESS
OUTREACH SERVICES; AUTHORIZING CITY OFFICERS TO
EXECUTE DOCUMENTS IMPLEMENTING THE RFPS; AND

APPROVING ALL NECESSARY BUDGET ADJUSTMENTS

WHEREAS, the City of Escondido desires to fund services for temporary sobering services and homeless outreach services (“Services); and
WHEREAS, the Escondido Police Department has been designated to create Request for Proposals (“RFP”) for the Services.

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

1. That the above recitations are true.

2. That the City Council authorizes (1) the Chief of Police of the City of Escondido to create RFPs for the Services ; and (2) appropriate City officials to execute all documents necessary for the management of the Services, including any extensions and amendments thereof.

3. That the City Council approves the budget adjustment of $700,000 to fund the Services projects.

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Attachment "1"
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KEY-

CONSENT CALENDAR CURRENT BUSINESS

PUBLIC HEARING WORKSHOP PROCLAMATION
9/9/2026 - NO MEETING
9/16/2026

PROCLAMATION - NATIONAL COMMUNITY PLANNING MONTH

PRESENTATION - SAN DIEGO RESCUE MISSION

PRESENTATION - SPECIAL EVENTS UPDATE
CONSENT CALENDAR – (K. SNYDER) – FIRST AMENDMENT TO CONSULTING AGREEMENT WITH DUDEK CONSENT CALENDAR – (K. SNYDER) – APPROVE SDG&E EASEMENT FOR FAMILY HEALTH CENTER CONSENT CALENDAR - (J. GOULART) - APPROVAL OF PSA FOR SENIOR NUTRITION PROGRAM CONSENT CALENDAR - (D. DELANO)- 2026 CONFLICT OF INTEREST CODE UPDATE CONSENT CALENDAR - (D. PETERSON) - FIRST AMENDMENT TO THE PUBLIC SERVICES AGREEMENT WITH NORTH STATE ENVIRONMENTAL FOR HAZARDOUS WASTE DISPOSAL SERVICES - Request the City Council adopt Resolution No. 2026-144, authorizing the Mayor to execute, on behalf of the City, a First Amendment to the Public Services Agreement with North State Environmental in the amount of $40,000, bringing the total contract not-to- CURRENT BUSINESS - (C. MCKINNEY) - APPEAL OF PUBLIC ART COMMISSION DECISION CURRENT BUSINESS - (C. MCKINNEY) - A CONSULTING SERVICES AGREEMENT WITH JONES LANG LASALLE AMERICAS, INC. FOR REAL PROPERTY WORKSHOP - (K. SNYDER) – DEVELOPMENT SERVICES STREAMLINING UPDATE 9/23/2026 - NO MEETING

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Escondido City CouncilSeptember 2, 2026

Escondido City Council
September 2, 2026