Escondido City Council
October 7, 2026

does not enact an ordinance to exempt sites, then effective SB 79 capacity would be the same as overall SB 79 capacity.
• “Residual SB 79 capacity” – The greatest number of residential units and maximum allowable residential floor area remaining when the capacity on temporarily excluded sites is subtracted from effective SB 79 capacity. If a local jurisdiction does not enact an ordinance to temporarily exclude sites, then the residual SB 79 capacity would be the same as effective SB 79 capacity.

Analysis
Areas Where SB 79 Applies

1. What is the definition for “mixed” and “commercial” zoning? SB 79 provides for housing as an allowed use on “any site zoned for residential, mixed, or commercial development” under Government Code section 65912.157, subdivision (a).

While the statute does not explicitly define “mixed” or “commercial” uses, if the local zoning principally or conditionally permits residential, residential mixed use, or commercial land use on a parcel, then SB 79 applies.
10 Government Code section
65912.155 “finds and declares [that] California faces a housing shortage both acute and chronic, particularly in areas with access to robust public transit infrastructure”11 and “building more homes near transit access reduces housing and transportation costs….”12
Therefore, if a site is zoned for industrial use, but allows for commercial uses, then SB 79 applies. This includes planned developments and public facility zones that principally or conditionally allow for uses serving the general public (e.g., retail, office, personal, or household service). The specific commercial uses allowed may vary by local jurisdiction, based on their local zoning definitions and regulations.

2. Confirm whether a large parcel, where only a small portion of the parcel is within the half-mile TOD zone and where significant portions of the parcel are further than a half mile from the transit stop, are considered eligible for SB 79 provisions in their entirety.

Yes, large parcels where only a portion of which are in a TOD zone are eligible for SB 79 provisions in their entirety unless a development project subdivides the parcel. The 10 HCD TA Letter to the City of Hayward, dated January 28, 2025, explains that “zoned for” means any zone that allows the residential development as a principally or conditionally permitted land use. Available at:
https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/HAU/haywardhau-1167-sb-684-1123-ta-01282025.pdf 11 Gov. Code, § 65912.155, subd. (a). 12 Gov. Code, § 65912.155, subd. (c).

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statute simply states that a housing development project shall be an allowed use on “any site zoned for residential, mixed, or commercial development within one-half or onequarter mile of a transit-oriented development stop”13 (emphasis added) and does not specify that the site (i.e., parcel or parcels) must be entirely or mostly within the TOD zone.

3. Can an applicant for a housing development project in a qualifying TOD zone choose to comply with local zoning requirements and procedures instead of SB 79?
Yes. An applicant for a housing development project is not required to utilize SB 79 provisions and standards and may opt to utilize the local ordinances, policies, and standards adopted and in effect when the preliminary application or full application was submitted. For example, an applicant may propose the development of a single-family dwelling unit on a site within one-quarter mile of a Tier 2 TOD stop where the local zoning permits single-family use and densities of less than 30 units per acre.

SB 79 merely makes certain housing development projects14 an allowed use on a qualifying site near a TOD stop,15 provided the project meets the statutory density and development standards,16 affordability criteria,17 and labor standards. 18 Demolition and Anti-Displacement Protections
Government Code section 65912.157, subdivision (h) states:
“A development proposed pursuant to this section shall not be located on either of the following:
(1)  A site containing more than two units where the development would require the demolition of housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power that has been occupied by tenants within the past seven years.
(2) A site that was previously used for more than two units of housing that were demolished within seven years before the development proponent submits an application under this section and any of the units were subject to any form of rent or price control through a public entity’s valid exercise of its police power.”

4. For calculating the overall SB 79 capacity, can sites with more than two units that are subject to rent or price control be excluded?
13 Gov. Code, § 65912.157, subd. (a).
14 Gov. Code, § 65912.156, subd. (g).
15 Gov. Code, § 65912.157, subds. (a)(3)-(6), (h).
16 Gov. Code, § 65912.157, subds. (a)(1)-(2), (d), (e). 17 Gov. Code, § 65912.157, subds. (c), (i).
18 Gov. Code, § 65912.157, subd. (k).

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No. Government Code section 65912.157, subdivision (h), the source of language in question, does not state that such sites may be excluded from the overall SB 79 capacity, only that SB 79 developments that require demolition of such units, or where such units were demolished, may not be located on them. Because both provisions include a seven-year lookback window, eligibility under SB 79 is dependent on the date a particular application is filed. Once seven years have passed, such developments would be eligible. Therefore, otherwise eligible sites with more than two units subject to local rent or price control must be included in the overall SB 79 capacity.

Temporary Exclusion Ordinance
Government Code section 65912.161, subdivision (b)(1) states:
“Prior to one year following the adoption of the seventh revision of the housing element, Section 65912.157 shall not apply to any of the following for which the local government has adopted an ordinance in accordance with Section 65912.160 indicating the site’s exclusion:”
To temporarily exclude certain sites or TOD zones by enacting a local ordinance, a jurisdiction must demonstrate that the site or TOD zone meets at least one of the criteria listed in Government Code section 65912.161, subdivision (b)(1)(A)-(F). See Table 3 below for further clarifications. SB 79 provisions and standards would not apply to temporarily excluded sites until one year after the adoption of the jurisdiction’s 7th cycle Housing Element.

Table 3. SB 79 Temporary Exclusion Ordinance - Deferable Site Criteria (must meet at least one)
Statute Reference HCD Clarification
1 A site that has been identified by the local
jurisdiction which permits density and
residential floor area ratio at no less than
50 percent of the standards specified under
subdivision (a) of Section 65912.157.
- Government Code, § 65912.161, subd.
(b)(1)(A)
Site permits at least 50 percent of the
density (i.e., residential units) and
residential floor area (i.e., residential
square footage) allowed under Section
65912.157, subdivision (a) standards.
2 A site in a transit-oriented development
zone in which at least 33 percent of sites in
the relevant transit-oriented development
zone have permitted density and residential
FAR no less than 50 percent of the
standards specified under subdivision (a) of
Section 65912.157 and which includes sites
with densities that cumulatively allow for at
least 75 percent of the aggregate density for
the transit-oriented development zone
Site is in a TOD zone that meets both of
the following criteria:
• At least 33 percent of the sites (i.e.,
parcel count) in the TOD zone allow at
least 50 percent of the density (i.e.,
residential units) and residential FAR
(i.e., residential square footage) allowed
under Section 65912.157, subdivision
(a), and
• The TOD zone allows at least 75
percent of the aggregate density (i.e.,
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Statute Reference HCD Clarification
specified under subdivision (a) of Section
65912.157.
- Government Code, § 65912.161, subd.
(b)(1)(B)(i)
residential units) allowed under Section
65912.157, subdivision (a) for that TOD
zone.
3 A site in a transit-oriented development
zone around a transit-oriented
development stop that is primarily
comprised of a low-resource area which
includes sites with densities that
cumulatively allow for at least 40 percent of
the aggregate density for the transitoriented development zone specified under subdivision (a) of Section 65912.157.
- Government Code, § 65912.161, subd.
(b)(1)(B)(ii)
Site is in a TOD zone that meets both of
the following criteria:
• The TOD zone is primarily a lowresource area (i.e., land area), and • The TOD zone allows at least 40
percent of the aggregate density (i.e.,
residential units) allowed under Section
65912.157, subdivision (a).
4 A site in an area designated as low
resource on the most recently adopted
version of the opportunity area maps
published by the California Tax Credit
Allocation Committee and the department,
and within a jurisdiction that cumulatively
allows for at least 50 percent of the total
capacity for units and floor area as
specified under Section 65912.157 across
all transit-oriented development zones.
- Government Code, § 65912.161, subd.
(b)(1)(B)(iii)
Both of the following criteria are met:
• Site is in a low-resource area, and
• Across all TOD zones in the
jurisdiction, the cumulative capacity
(i.e., zoned maximum number of
residential units and floor area square
footage) is at least 50 percent of the
maximum effective SB 79 capacity
under Section 65912.157.

Note that a jurisdiction utilizing this
temporary exemption criteria must account
for the density and residential floor area
allowed under Section 65912.157,
subdivision (a) as well as the additional
capacity provided for under Section
65912.157, subdivision (e) (the adjacency
intensifier).
5 A site that is covered by a local transitoriented development alternative plan adopted by a local government.
- Government Code, § 65912.161, subd.
(b)(1)(C)
Site is covered by an adopted TOD
alternative plan.

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6 Sites within a very high fire hazard severity
zone, as determined by the Department of
Forestry and Fire Protection pursuant to
Section 51178, or within the state
responsibility area, as defined in Section
4102 of the Public Resources Code.
- Government Code, § 65912.161, subd.
(b)(1)(D)
Site is in a very high fire hazard severity
zone:
• As determined by the Department of
Forestry and Fire Protection pursuant to
Government Code section 51178, or
• Within the state responsibility area, as
defined in Public Resources Code
section 4102.
7 Sites that are vulnerable to one foot of sea
level rise, as determined by the National
Oceanic and Atmospheric Administration,
the Ocean Protection Council, the United
States Geological Survey, the University of
California, or a local government’s coastal
hazards vulnerability assessment.
- Government Code, § 65912.161, subd.
(b)(1)(E)
Site is vulnerable to one foot of sea level
rise, as determined by any of the following:
• National Oceanic and Atmospheric
Administration,
• The Ocean Protection Council,
• The United States Geological Survey,
• The University of California, or
• A local government’s coastal hazards
vulnerability assessment.
8 Sites with a historic resource designated as
of January 1, 2025, on a local register.
- Government Code, § 65912.161, subd.
(b)(1)(F)
Site contains a historic resource
designated as of January 1, 2025, on a
local register.

5. When evaluating whether a site meets any of the criteria for temporary exclusion via a temporary exclusion ordinance, should the City use the effective SB 79 capacity or the residual SB 79 capacity? The City should use the effective SB 79 capacity (i.e., capacity after taking out exempt sites but not temporarily excluded sites) when doing this evaluation. The statute specifies that SB 79 provisions under section 65912.157 shall not apply to a site that meets “any” of the temporary exclusion site criteria, signifying that each site criterion listed under Government Code section 65912.161, subdivision (b)(1)(A) through (F) must be considered separately from the others. Moreover, the calculation would be unworkable if it used residual capacity, since the residual capacity is the result of subtracting the capacity of temporarily excluded sites.

For example, if some sites in the jurisdiction are eligible for temporary exclusion due to location in a very high fire hazard severity zone per Government Code section 65912.161, subdivision (b)(1)(D), the reduction in capacity resulting from these sites being temporarily excluded would not change the effective SB 79 density and residential floor area. Therefore, if the City seeks to temporarily exclude a site pursuant to Government Code section 65912.161, subdivision (b)(1)(A), that site must still permit at Attachment "2"
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least 50 percent of the effective SB 79 density and residential floor area, including any capacity associated with temporarily excluded sites in very high hazard severity zones.

6. When considering whether a TOD zone is primarily comprised of a lowresource(s) area per Government Code section 65912.161, subdivision (b)(1)(B)(ii), is the City required to consider the portion of land area that is within another jurisdiction?
While the TOD zone is defined as “the area within one-half mile of a TOD stop,”19 SB 79 applies to a local government, and the temporarily excluded site itself must be within the local jurisdiction that is adopting a temporary exclusion ordinance. Therefore, the determination of whether a TOD zone is primarily comprised of low-resource areas does not need to include land area that is within another jurisdiction.

7. If a temporarily excluded site is located in more than one TOD zone (i.e., within one-half mile from multiple qualifying TOD stops), is the site also excluded from any overlapping TOD zones?
Yes, the temporary exclusion of SB 79 provisions applies to the “site,”20 which would cover instances where the temporarily excluded site is within multiple overlapping TOD zones.

Please note that, for sites located in both Tier 1 and Tier 2 TOD zones, the statute does not require that the criteria be met for both tiers in order to temporarily exclude the site.

The statute simply specifies that SB 79 provisions under Section 65912.157 shall not apply to a site that meets “any” of the temporary exclusion site criteria.21 Therefore, the City may temporarily exclude a site if it solely meets the lower Tier 2 TOD zone capacity.

Industrial Employment Hubs and Low-Resource TOD Zones

8. Will an industrial general plan land use designation and a land use element’s reference to employment protection suffice to exempt an industrial employment hub from SB 79 eligibility?
To exempt an industrial employment hub, the City’s general plan as of January 1, 2025, must have identified a bounded area of at least 250 acres dedicated to promoting employment opportunities.22 See also Row 2 of Table 2.

9. To meet the minimum 250-acre requirement, can an industrial employment hub include areas from more than one jurisdiction?
19 Gov. Code, § 65912.156, subd. (m).
20 Gov. Code, § 65912.161, subd. (b)(1).
21 Id.
22 Gov. Code, § 65912.160, subd. (e)(2).

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No. To meet the minimum 250 acres, the employment lands area must be as designated in “the jurisdiction’s” general plan, suggesting a singular general plan and not the combination of employment lands designations from multiple jurisdictions.

10.What does the term “primarily” refer to under Government Code sections 65912.160, subdivision (e)(2) and 65912.161, subdivision (b)(1)(B)(ii)? For purposes of SB 79 implementation, “primarily” refers to a plurality (i.e., more than any other classification or designation) given that the contexts in which the term is used in the statute refer to more than two classifications or designations.

The term “primarily” appears twice in SB 79, in the following contexts (emphasis added):
• Exemption of Industrial Employment Hubs. Government Code section 65912.160, subdivision (e)(2) states: “A local government with at least 15 transitoriented development stops designates the area as an industrial employment hub. An industrial employment hub shall be a contiguous area of at least 250 acres designated in the jurisdiction’s general plan on or before January 1, 2025, as an employment lands area; the parcels within it shall be primarily dedicated to industrial use as defined in paragraph (3) of subdivision (f) of Section 65912.121; and housing shall not be a permitted use on any of the sites so excluded.” • Temporary exclusion of sites in low-resource TOD zones. Government Code section 65912.161, subdivision (b)(1)(B)(ii) states: “A site in a transit-oriented development zone around a transit-oriented development stop that is primarily comprised of a low-resource area which includes sites with densities that cumulatively allow for at least 40 percent of the aggregate density for the transitoriented development zone specified under subdivision (a) of Section 65912.157.”
Regarding the exemption of industrial employment hubs, the term “primarily” refers to “parcels” within an industrial employment hub “area” so that the land area (typically calculated in acreage) dedicated to industrial use must exceed the land area dedicated to any other land use designations within the industrial employment hub. Other land use designations include, but may not be limited to, residential, mixed-use, commercial, open space, and public and institutional uses.
23 Regarding the temporary exclusion of sites in primarily low-resource TOD zones, the term “primarily” specifies that the land area of the TOD zone is primarily designated as low resource on the most recently adopted version of the opportunity maps published by 23 To demonstrate that an industrial employment hub is primarily dedicated to industrial use, HCD recommends jurisdictions include a summary table that bundles specific land use categories into the following broad classifications: Industrial, Residential, Mixed-Use Residential (including overlay zones that permit or conditionally permit residential), Commercial, Open Space, and Public and Institutional.

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the California Tax Credit Allocation Committee and HCD (i.e., more than moderate, high, or highest resource designations).24
TOD Alternative Plan
Government Code section 65912.161, subdivisions (a) and (d) state:
“(a) For purposes of this section, ‘transit-oriented development alternative plan’ shall mean a plan adopted by the local agency via the adoption of the housing element, a program to implement the housing element, the adoption of a specific plan, a zoning overlay, or enactment of an ordinance; that brings the local agency into compliance with this chapter and that incorporates all of the following:”
“(d) Section 65912.157 shall not apply within a jurisdiction that has a local transitoriented alternative plan that has been approved by the department as satisfying the requirements of this section in effect. The department’s approval pursuant to this section shall be valid through the jurisdiction’s next amendment to the housing element of its general plan.”
A local government may adopt a TOD alternative plan in lieu of applying Government Code section 65912.157, but the TOD alternative plan must meet all statutory criteria for a TOD alternative plan (see Table 4 below). In other words, to meet the capacity criteria for a TOD alternative plan; a local government must first reference and analyze the units and residential floor areas provided for under section 65912.157, subdivisions (a)(3)-(6), (b), and (e). In addition, the capacity calculations shall include capacity, density, or floor area available under voluntary local housing incentive programs.25 An existing TOD ordinance, overlay zone, specific plan, or zoning incentive ordinance may also qualify as a TOD alternative plan if it meets all TOD alternative plan criteria, 26 including review and approval by HCD.27 Please note, HCD’s approval of a TOD alternative plan is valid only through the jurisdiction’s next housing element cycle, 28 thus
requiring TOD alternative plans to be re-approved by HCD at the conclusion of each jurisdiction’s housing element cycle.
24 Gov. Code, § 65912.156, subd. (j). The applicable maps can be found from the State Treasurer’s Office website here: https://www.treasurer.ca.gov/ctcac/opportunity.asp. 25 Gov. Code, § 65912.161, subd. (a)(4). 26 Gov. Code, § 65912.161, subd. (a)(5).
27 Gov. Code, § 65912.161, subd. (d).
28 Id. The date for the conclusion of a jurisdiction’s planning cycle is the due date for the next housing element revision which can be found at: https://www.hcd.ca.gov/housingopen-data-tools/housing-element-regional-housing-needs-determination-schedule.

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Table 4. TOD Alternative Plan - Redistribution of Capacity Criteria (Must meet all) Statute Reference HCD Clarification
1 A local transit-oriented development
alternative plan shall maintain at least the
same total net-zoned capacity, in terms of
both total units and residential floor area, as
provided for in this chapter across all
transit-oriented development zones within
the jurisdiction.
(A) Net-zoned capacity in units shall be
measured by subtracting the current
number of units on the site from the
number allowed by the applicable
development standards.
(B) Net-zoned capacity in floor area
shall be measured by subtracting the
current developed floor area of the
site from the amount allowed by the
applicable development standards.
- Government Code, § 65912.161, subd.
(a)(1)
Across all TOD zones within the
jurisdiction: The net-zoned capacity (total
zoned residential units and residential floor
area minus existing residential units and
residential floor area) must be the same or
greater than the net residual SB 79
capacity as provided for in the statute (total
residential units and residential floor area
allowed per Government Code 65912.157
minus any exempt29 and temporarily
excluded sites30 minus existing residential
units and residential floor area).

For example (assuming no exemptions or
temporary exclusions apply): On a 0.5-acre
(21,750 square feet) parcel located within
200 feet of a Tier 1 TOD stop is an existing
multifamily residential building that contains
25 units and 30,000 square feet of
residential floor area.
• SB 79 density: 0.5-acre x 160 units/acre
= 80 units
• Net SB 79 density: 80 units – 25 units =
55 units
• SB 79 residential floor area: 21,780 sq.
ft. x 4.5 FAR = 98,010 sq. ft.
• Net SB 79 residential floor area: 98,010
sq. ft. – 30,000 sq. ft. = 68,010 sq. ft.

Therefore, the net-zoned capacity in the
TOD alternative plan must allow at least 55
units and 68,010 square feet of residential
development.
2 The plan shall not reduce the maximum
allowed density for any individual site on
which the plan allows residential use by
more than 50 percent below that permitted
under this chapter, except for sites meeting
any of the following criteria:

On each site: The zoned maximum density
(i.e., greatest allowable number of
residential units) in the TOD alternative plan
cannot be less than 50 percent of the
maximum units allowed under SB 79, in
29 Gov. Code, § 65912.160, subd. (e).
30 Gov. Code, § 65912.161, subd. (b).

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Statute Reference HCD Clarification
- Government Code, § 65912.161, subd.
(a)(2)
either Tier 1 or Tier 2 TOD zones, with
exceptions (see rows 5 through 8 below).
3 The plan shall not reduce the capacity in
any transit-oriented development zone in
total units or residential floor area by more
than 50 percent.
- Government Code, § 65912.161, subd.
(a)(3)
In each TOD zone: The zoned maximum
density (i.e., greatest number of residential
units) and maximum allowable residential
floor area in the TOD alternative plan
cannot be less than 50 percent of the
greatest number of units and maximum
allowable residential floor area allowed
under SB 79.
4 A site’s maximum capacity counted toward
the plan shall not exceed 200 percent of the
maximum density established under this
chapter.
- Government Code, § 65912.161, subd.
(a)(4)
On each site: The TOD alternative plan
may redistribute capacity from one site to
another, but the amount of density that a
receiving “upzoned” site can count towards
the plan is capped at 200 percent of the
maximum density allowed under SB 79.

Sites that can be reduced by more than 50 percent of maximum density allowed under SB 79.
31 5 Sites within a very high fire hazard severity
zone, as determined by the Department of
Forestry and Fire Protection pursuant to
Section 51178, or within the state
responsibility area, as defined in Section
4102 of the Public Resources Code.
- Government Code, § 65912.161, subd.
(a)(2)(A)
Site Within Either a Tier 1 or Tier 2 TOD
Zone is in a very high fire hazard severity
zone:
• As determined by the Department of
Forestry and Fire Protection pursuant to
Government Code section 51178, or
• Within the state responsibility area, as
defined in Public Resources Code
section 4102.
6 Sites that are vulnerable to one foot of sea
level rise, as determined by the National
Oceanic and Atmospheric Administration,
the Ocean Protection Council, the United
States Geological Survey, the University of
California, or a local government’s coastal
hazards vulnerability assessment.
- Government Code, § 65912.161, subd.
(a)(2)(B)
Site Within Either a Tier 1 or a Tier 2
TOD Zone is vulnerable to one foot of sea
level rise, as determined by any of the
following:
• National Oceanic and Atmospheric
Administration,
• The Ocean Protection Council,
• The United States Geological Survey,
• The University of California, or
31 Gov. Code, § 65912.161, subd. (a)(2).

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Statute Reference HCD Clarification
• A local government’s coastal hazards
vulnerability assessment.
7 Sites with a historic resource designated on
a local register, so long as sites excluded
from the density requirements of this
paragraph on that basis do not cumulatively
exceed 10 percent of the eligible area of
any transit-oriented development zone.
- Government Code, § 65912.161, subd.
(a)(2)(C)
Site Within Either a Tier 1 or Tier 2 TOD
Zone with a historic resource on a local
register, if the cumulative land area of such
excluded sites does not exceed 10 percent
of the land area of the TOD zone in which
the site is located.
8 Sites within one-half mile of a Tier 2 transitoriented development stop shall not have a density below 30 units per acre with a
residential floor area ratio of 1.0, except for
sites specified in subparagraphs (A) to (C),
and should be considered for attached
entry-level owner-occupied housing
development opportunities.
- Government Code, § 65912.161, subd.
(a)(2)(D)
All Other Sites Within a Tier 2 TOD Zone
Not Covered in Rows 5-7: Except that
those sites shall not have the maximum
allowable density reduced below 30 units
per acre or the maximum FAR reduced
below 1.0. Such parcels should be
considered for attached units serving firsttime homebuyers.

11.Can a TOD Alternative Plan redistribute residential density and floor area between various qualifying TOD zones?
Yes, provided that the local government demonstrates the zoning satisfies all the TOD alternative plan requirements under Government Code section 65912.161, subdivisions (a)(1)-(4), including, but not limited to, the zoned maximum density and residential floor area in each TOD zone is at least 50 percent of the maximum density and residential floor area allowed under SB 79.32

12.Does a TOD alternative plan need to offset the capacity of sites in the very high fire hazard severity zone (VHFHSZ) that are eligible for specified density reductions under Government Code section 65912.161(a)(2)(A)? Yes, the net zoned capacity in the TOD alternative plan must still maintain at least as many residential units and at least as much residential floor area across all TOD zones within the jurisdiction as net residual SB 79 capacity would have allowed, pursuant to Government Code section 65912.161, subdivision (a)(1).

In addition, Government Code section 65912.161, subdivision (a)(4) states, in part:
32 Gov. Code, § 65912.161, subd. (a)(3).

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“Any site excluded from the minimum density requirements of subparagraphs (A) to (C) of paragraph (2) shall not be counted toward the plan’s capacity.” Therefore, if the density on a site that qualifies for specified density reductions pursuant to Government Code section 65912.161, subdivisions (a)(2)(A)-(C) is reduced by more than 50 percent of the standards specified under Government Code 65912.157, subdivision (a), then the site shall not be counted towards the TOD alternative plan’s capacity.33 “Any site excluded from the minimum density requirements” refers to the qualifying sites where the density may be reduced by more than 50 percent of effective SB 79 standards. “Shall not be counted towards the plan’s capacity” refers to the inability to count any remaining density on such sites towards meeting the TOD alternative plan capacity.

Also note, Government Code section 65912.161, subdivision (a)(3) states that the “plan shall not reduce the capacity in any transit-oriented development zone in total units or residential floor area by more than 50 percent” and does not provide any exceptions for sites in a VHFHSZ.

13.Can a local jurisdiction modify any project eligibility requirements as part of its TOD alternative plan?
A housing development project proposed pursuant to a TOD alternative plan is not subject to Government Code section 65912.157 and the project eligibility requirements therein.
34 Nevertheless, other state housing laws apply, including, but not limited to, the Housing Accountability Act (Gov. Code, § 65589.5),
35 State Density Bonus Law (Gov.

Code, §§ 65915-65918), and the demolition and replacement provisions of the Housing Crisis Act (Gov. Code, § 66300.5-66300.6). In addition, local rules, regulations, requirements, and policies may apply, such as inclusionary zoning and local antidisplacement provisions.

Please note, while the local ordinance may include objective development standards that do not match the development standards under Government Code section 65912.157, the applicable local development standards, conditions, and policies applied to a project cannot physically preclude the densities and floor area provided for under the TOD alternative plan.36 In addition, pursuant to the Housing Accountability Act, nothing in the local ordinance “shall limit a project’s eligibility for a density bonus, incentive, or concession, or waiver or reduction of development standards and parking ratios, pursuant to Section 65915.”37
33 Gov. Code, § 65912.161, subd. (a)(4).
34 Gov. Code, § 65912.161, subds. (b)(1)(C), (d).
35 See also Gov. Code, § 65912.156, subd. (g). 36 Gov. Code, § 65912.160, subd. (c)(1). 37 Gov. Code, § 65589.5, subd. (f)(1).

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Ordinances to Exempt, Temporarily Exclude, and Redistribute Sites

14.Should sites that are not eligible for SB 79 (e.g., zoned exclusively for industrial use) be excluded from the overall SB 79 capacity? Yes, sites not eligible for SB 79 should be excluded from the overall SB 79 capacity because the sites where SB 79 does not apply are not subject to the density and development standards specified in Government Code section 65912.157.38

15. Can a jurisdiction adopt an ordinance to exempt and temporarily exclude a subset of sites within a TOD zone per Government Code sections 65912.160, subdivision (e) and 65912.161, subdivision (b), respectively, and redistribute SB 79 capacity per Government Code section 65912.161, subdivision (a) for the remaining non-exempt and non-temporarily excluded parcels in the TOD zone?
SB 79 does not preclude local jurisdictions from adopting and enacting:
• An ordinance to exempt sites where there is no walking path of less than one mile from the TOD stop, pursuant to Government Code section 65912.160, subdivision (e)(1);
• An ordinance to exempt sites within industrial employment hub areas, pursuant to Government Code section 65912.160, subdivision (e)(2); • An ordinance to temporarily exclude certain qualifying sites from the provisions of SB 79, pursuant to Government Code section 65912.161, subdivision (b); • A TOD alternative plan to redistribute net SB 79 capacity, pursuant to Government Code section 65912.161, subdivision (a), or
• An ordinance and TOD alternative plan that invokes all the above.

As detailed in Table 2, if a local government exempts sites via enactment of an ordinance,
39 then a concurrently or subsequently adopted TOD alternative plan would not be required to redistribute the capacity of those exempted sites where SB 79 does not apply.

Similarly, if a local government temporarily excludes sites from the provisions of Government Code section 65912.157,40 then a concurrently or subsequently adopted TOD alternative plan would not be required to redistribute the capacity of those temporarily excluded sites where Government Code section 65912.157 does not apply.

However, a valid TOD alternative plan must be amended in the 7th cycle Housing Element upon the “expiration” of the temporarily excluded sites. 38 Gov. Code, § 65912.157, subd. (a).
39 Gov. Code, § 65912.160, subd. (e).
40 Gov. Code, § 65912.161, subd. (b)(1).

Attachment "2"
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Jenna Monterrosa, Principal City Planner

16.If a temporary exclusion ordinance or a TOD alternative plan has been adopted and approved by HCD, what happens when additional SB 79-eligible TOD stops are added?
If the MPO updates the applicable SB 79 map to include any additional TOD stops41 beyond those that were in effect and considered by the local government when adopting a temporary exclusion ordinance or a TOD alternative plan, and the site(s) are not otherwise exempt from SB 79 under Government Code, 65912.160, subdivision (e), then the following apply:
• Temporary Exclusion Ordinance. Any site within a TOD zone that is newly eligible for SB 79 due to a subsequently added TOD stop on the MPO map would not be excluded from SB 79 until the local government amends and re-adopts an HCDapproved temporary exclusion ordinance to account for newly eligible sites. For any existing temporarily excluded sites identified in the temporary exclusion ordinance adopted and enacted under Government Code section 65912.161, subdivision (b), the sites would remain excluded from the provisions of SB 79 until one year following the adoption of the 7th cycle housing element because the statute specifies that “Section 65912.157 shall not apply to any of the following [temporarily excluded sites] for which the local government has adopted an ordinance in accordance with Section 65912.160 indicating the site’s exclusion.”42
• TOD Alternative Plan. Per Government Code section 65912.161, subdivision (d), “Section 65912.157 shall not apply within a jurisdiction that has a local transitoriented alternative plan that has been approved by the department as satisfying the requirements of this section in effect.” Therefore, no new sites would qualify for SB 79 where a jurisdiction has adopted a TOD alternative plan that has been approved by HCD. Note, however, that HCD’s approval of the TOD alternative plan is only valid through the jurisdiction’s next amendment to the housing element43 and any subsequently adopted TOD alternative plan must consider the eligible TOD zones and qualifying sites at the time of local adoption.

17.Does the California Environmental Quality Act (CEQA) exemption specified in Government Code section 65912.160, subdivision (c)(2) apply to any ordinance that is adopted pursuant to Government Code section 65912.160 (including a temporary exclusion ordinance and zoning ordinance as part of a TOD alternative plan)?
41 Government Code section 65912.156, subdivision (p) specifies that only Tier 1 TOD stops would be eligible to be added to a subsequently created MPO SB 79 map, and bus service stops remain ineligible for designation as a TOD stop in counties that qualify as an urban transit county after July 1, 2026. “Urban transit county” is as defined in Government Code section 65912.156, subdivision (q) to mean “a county with more than 15 passenger rail stations.
42 Gov. Code, § 65912.161, subd. (b)(1).
43 Gov. Code, § 65912.161, subd. (d).

Attachment "2"
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Jenna Monterrosa, Principal City Planner

Yes, any ordinance to enact the provisions of SB 79, including a temporary exclusion ordinance and a TOD alternative plan, is not a project under CEQA pursuant to Government Code section 65912.160, subdivision (c)(2).

For more information regarding the procedures and implementation of CEQA, please see the guidelines and resources available at the Governor’s Office of Land Use and Climate Innovation: https://lci.ca.gov/ceqa/.

HCD Review and Enforcement

18.Is there a presumed compliance assumption upon adoption and submission or is the compliance only provided upon receipt of a compliance letter from HCD?
A local jurisdiction’s SB 79 ordinance or TOD alternative plan takes effect upon enactment by the local legislative body; however, the ordinance or plan is considered substantially compliant with state law only upon issuance of HCD’s letter of written findings confirming substantial compliance.

HCD has up to 90 days, with one optional 30-day extension, to determine whether the enacted SB 79 ordinance or TOD alternative plan substantially complies with SB 79. At the end of HCD’s review, the local jurisdiction will receive a letter in writing from HCD that determines whether the ordinance is substantially compliant with state law. If HCD does not provide written findings to the local government within the 90- to 120-day review period, then the ordinance is automatically deemed compliant for the limited purpose of assessing penalties.44

19.On what date does HCD’s review period begin following enactment of an SB 79 ordinance or TOD alternative plan? Does the ordinance or TOD alternative plan have to be in effect?
Per Government Code section 65912.160, subdivision (d)(2), an adopted ordinance must be submitted to HCD within 60 calendar days of enactment. HCD’s review begins on the date that the adopted and enacted ordinance is submitted by the local jurisdiction to HCD.
45 The ordinance or TOD alternative plan does not have to be in effect when submitted to HCD for review; the local legislative body has the option to set an effective date of July 1, 2026, or later. SB 79 provisions and standards would apply on July 1, 2026, if a local ordinance or TOD alternative plan has not otherwise taken effect.

20.If the City submits an ordinance or TOD alternative plan that is later found to be out of compliance by HCD, does Government code section 65912.157 go into effect immediately until amendments are made to satisfy HCD’s findings? 44 Gov. Code, § 65912.160, subd. (d)(3).
45 Gov. Code, § 65912.160, subd. (d)(2).

Attachment "2"
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Jenna Monterrosa, Principal City Planner

After receiving a letter finding that an ordinance or TOD alternative plan does not comply with SB 79, the local jurisdiction must either amend the ordinance or provide findings that explain the reasons the local jurisdiction believes the ordinance or plan complies with the statute despite HCD’s findings within 60 days. 46 If the local jurisdiction
fails to amend the ordinance in accordance with HCD’s findings or its findings fail to adequately explain why the ordinance complies, HCD will issue a Notice of Violation and may refer the matter to the California Office of the Attorney General for further enforcement.47
If HCD finds that an ordinance or TOD alternative plan does not comply with SB 79, HCD urges local jurisdictions to repeal or delay implementation of the ordinance or plan until it is compliant, and to instead apply Government Code section 65912.157. This will avoid confusion and the risk of unlawfully denying proposed SB 79 projects. Such denials could result in penalties pursuant to Government Code section 65912.157, subdivision (m).

Please note, a qualifying housing project within a TOD zone that submits while a jurisdiction’s ordinance is found to be out of compliance must be afforded the full weight of the statute.

Conclusion
HCD appreciates the hard work involved in preparing a local SB 79 ordinance and is committed to assisting the City in addressing all statutory requirements to implement SB 79.

As the State of California remains in a housing crisis and the provision of much-needed housing, especially affordable housing, continues to be a priority, HCD encourages the City to apply the provisions of SB 79 to the greatest extent possible to facilitate a higher capacity of residential development near transit. If you have any questions or need additional technical assistance, please contact Grace Wu at [email protected].

Sincerely,
Melinda Coy
Housing Accountability Unit Chief
46 Gov. Code, § 65912.160, subds. (d)(4), (5).
47 Gov. Code, § 65912.160, subd. (d)(6).

Attachment "2"
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Attachment “3”

LOCAL SCOPE
2 TRANSIT STOPS
484

PARCELS
235
ACRES
22,386
SB 79 RESIDENTIAL CAPACITY

RESIDENTIAL CAPACITY BY STATION

ESCONDIDO TRANSIT
CENTER
480

PARCELS
5,953

ORIGINAL CAPACITY
→ 22,174
SB 79 CAPACITY
NORDAHL ROAD STATION 4

PARCELS
0 ORIGINAL CAPACITY
→ 212
SB 79 CAPACITY

STATE STANDARDS FOR QUALIFYING DEVELOPMENTS
Distance from station Height Density Residential FAR
0-200 feet 85 feet (8 stories) 140 du/ac 4.0
>200 feet-1/4 mile 65 feet (6 stories) 100 du/ac 3.0
>1/4-1/2 mile 55 feet (5 stories) 80 du/ac 2.5

RESIDENTIAL FAR
Residential floor area ratio controls building bulk by limiting residential floor area relative to lot size.

BASIC PROJECT REQUIREMENTS
5 MINIMUM UNITS
30 du/ac

MINIMUM DENSITY
1,750 sq ft

MAX AVG UNIT SIZE
11+ units

AFFORDABILITY APPLIES
CAPACITY ≠ DEVELOPMENT
The capacity figures show the maximum zoning framework that must be available under state law. They do not predict what may be built and do not account for site constraints, parcel assembly, infrastructure, financing, design, or project review. The City cannot require qualifying projects to build below the state-mandated standards.

SITE CATEGORIES IN THE PROPOSED ORDINANCE

QUALIFYING SITES
Sites subject to the new overlay zone and the state
development standards.

EXCLUDED SITES
Sites not subject to SB 79 because of zoning or another statutory exclusion.

EXEMPT SITES
Approximately 200 properties that lack a qualifying
walking path of less than one mile. Eligibility may be
established if a qualifying path is created.

PHASED SITES
Approximately 15 properties containing locally registered historic resources, with implementation delayed until 2032 as authorized by state law.

BRIEFING SHEET | ORDINANCE NO. 2026-15
SB 79 IMPLEMENTATION ORDINANCE
Proposed Transit-Oriented Development Overlay Zone

KEY POINT
SB 79 is a state transit upzoning law that went into effect on July 1, 2026. Proposed Ordinance No. 2026-15 would establish a Transit-Oriented Development Overlay Zone providing a clear local framework for identifying qualifying sites, applying required standards, implementing exemptions and phased sites, and reviewing future applications. 433
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Attachment “3”
BRIEFING SHEET | ORDINANCE NO. 2026-15

IMPLEMENTATION AND LEGAL CONTEXT
Walking path exemption, development agreement pathway, litigation, and records requests

WALKING PATH EXEMPTION

ORDINANCE APPROACH
SB 79 allows an exemption where substantial evidence shows no walking path under one mile exists to the qualifying transit stop, but does not define “walking path.” The ordinance evaluates whether a property has access to a walking path that is lawful, public, continuous, usable, and accessible. It is more objective than San Diego’s sidewalk-only test.
• A qualifying path may include sidewalks, pedestrian paths, shared-use paths, lawful crossings, curb ramps, blended transitions, or equivalent facilities.
• A route does not qualify if it requires trespass, travel in a vehicular or bicycle lane, on railroad tracks, in a drainage ditch, through an unlawful crossing, or any other material barrier. • The City’s analysis uses GIS and right-of-way information, sidewalk and crossing gap data, imagery, field observations, photographs, and parcel-specific review.

DEVELOPMENT AGREEMENT PATHWAY

FUTURE ELIGIBILITY MECHANISM
A site lacking a qualifying walking path remains within the TOD zone and is included in the overall SB 79 capacity, but remains exempt unless and until a qualifying walking path exists. Entering into a development agreement can secure the design, funding, construction, availability, and completion of the path before occupancy of the development.

CAPACITY EFFECT OF THE WALKING PATH EXEMPTION
22,386
OVERALL SB 79 CAPACITY
− 4,328

CAPACITY ON EXEMPT SITES
= 18,058
EFFECTIVE SB 79 CAPACITY

PRACTICAL IMPACT
Protects 200 of the lowest-density properties with inadequate pedestrian infrastructure.

KEY FEATURES DISTINGUISHING ESCONDIDO’S EXEMPTION FRAMEWORK FROM OTHER CITIES
STATE LAW CONTROLS Article 81 expressly provides that local standards that conflict with state law do not apply.

NO PRECLUSION Objective local standards apply only when they do not physically preclude, alone or in combination, SB 79’s height, density, or residential FAR standards.

NOT SIDEWALK-ONLY The City evaluates the complete lawful public pedestrian path using multiple facility types and evidence sources, not simply the existence of sidewalks like San Diego’s ordinance.

PATH TO ELIGIBILITY A development agreement allows an exempt site to establish eligibility by securing and completing the missing walking path, unlike Oceanside’s ordinance.

AUGUST 11 COMMENT LETTER: CALHDF AND CALIFORNIANS FOR HOMEOWNERSHIP

ALTERNATIVE INTERPRETATION
The letter argues SB 79 applies to sites without pedestrian infrastructure as well as industrial and other zones that principally or conditionally allow even a single commercial use. Staff does not concur with either position. 18,058
EFFECTIVE SB 79 CAPACITY
+4,328

WALKING PATH SITES
+34,042

ADDITIONAL INDUSTRIAL / OTHER SITES
56,428
SB 79 CAPACITY UNDER LETTER’S APPROACH

CURRENT LITIGATION
San Diego: Lawsuit challenging use of walking path exemption for sites without sidewalks.

Oceanside: Lawsuit challenging use of walking path and other exemptions.

SANDAG: Lawsuit challenging station classifications and train counting for Oceanside and Solana Beach.

RELATED PUBLIC RECORDS REQUESTS
Californians for Homeownership: All pending housing development applications to “monitor local compliance” with state housing law.
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Attachment “3”
YIMBY Action: All public records related to SB 79.
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STAFF REPORT
October 7, 2026
File Number 0610-70; 0600-10; A-3626

SUBJECT

APPOINTMENT OF CITY ATTORNEY AND AUTHORIZATION TO ENTER INTO EMPLOYMENT AGREEMENT

DEPARTMENT
Human Resources and City Attorney Offices

RECOMMENDATION
Request the City Council adopt Resolution No. 2026-169: (1) appointing M. Dare DeLano as Interim City Attorney and (2) authorizing the Mayor to execute an employment agreement for the City Attorney.

Staff Recommendation: Approval (Human Resources: Jessica Perpetua, Director of Human Resources; City Attorney’s Office: Dare DeLano, Interim 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 salary placement of $290,000 annually to assume the full duties of City Attorney. This creates no additional fiscal impact due to the appointment of the permanent City Attorney as this was the previous incumbent’s annual salary. This was based on market median during the 2024 review.

In February 2017, pursuant to Resolution No. 2017-31, City Attorney Michael 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 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 Teri Black & Co., LLC to conduct a state-wide recruitment to fill the position.
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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 agreed to serve in the capacity of Interim City Attorney during the period prior to the final appointment, and on September 2, 2026, Ms. DeLano was appointed as Interim City Attorney.

The recruitment process continued and the full City Council served as raters on an oral board panel for City Attorney applicants. City Council unanimously selected Ms. DeLano at the conclusion of that process.

The City Council Subcommittee met to review the terms of the employment agreement as outlined in Exhibit “A”.

BACKGROUND

1. Appointment of 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 including 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 the selection of Ms.

DeLano following the recruitment process, the City Council must appoint a City Attorney to manage the City Attorney’s Office.

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. 437
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2. Proposed Selection for 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 and appointed as Interim City Attorney in September 2026. 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, Texas, 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 serves as the principal advisor on all legal issues handled by the City’s Development 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. Prior to her appointment as Interim, she served as the second-in-command and managed the office when the City Attorney was absent. Since her appointment as Interim City Attorney, she has performed all duties of the City Attorney.

3. Employment Agreement
As required by the EMC, the permanent City Attorney serves pursuant to an employment contract.

Resolution No. 2026-169, includes as Exhibit “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 appointment.

On September 16, 2026, the City Council Subcommittee met 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. 2026-169 to appoint Ms. DeLano as City Attorney and authorize the Mayor to execute an employment agreement containing satisfactory terms with Ms. DeLano to serve in the role of City Attorney.

RESOLUTION
a. Resolution No. 2026-169
b. Resolution No. 2026-169 - Exhibit “A” At Will Employment Agreement 438
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RESOLUTION NO. 2026-169

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, APPOINTING M. DARE

DELANO, AS CITY ATTORNEY AND AUTHORIZING THE

MAYOR TO EXECUTE, ON BEHALF OF THE CITY, AN

EMPLOYMENT AGREEMENT FOR THE 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, M. Dare DeLano, Esq. has served in the role as the appointed Interim City Attorney since September 2, 2026; and
WHEREAS, on September 10, 2026, the recruitment process for City Attorney resulted in a unanimous decision by the City Council to appoint Ms. DeLano as City Attorney; and WHEREAS, 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, Interim City Attorney M. Dare DeLano, Esq. has the experience and qualifications to serve in the capacity of City Attorney; 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 City Attorney effective at close of business October 7, 2026.

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

1. That the above recitations are true.
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2. That the City Council appoints M. Dare DeLano as the City Attorney effective October 7, 2026, 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 City Attorney, a copy of which is attached hereto as Exhibit “A.” 440
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Resolution No. 2026-169
Exhibit “A”

1 CITY ATTORNEY EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”) is effective as of October 7, 2026, by and between the City of Escondido, California, a municipal corporation (the “City" or “Employer”), and M. Dare DeLano, an individual (the “City Attorney" or “Employee”).

Employer and Employee are sometimes individually referred to as a "Party" and collectively as the "Parties."

RECITALS
WHEREAS, the City requires the services of a City Attorney; and WHEREAS, the City Attorney has the necessary education, experience, skills and expertise to serve as the City's City Attorney; and
WHEREAS, Employee has been employed by Employer as an Assistant City Attorney since 2022; and
WHEREAS, Employee was appointed by Employer as the Interim City Attorney on September 6, 2026; and
WHEREAS, Employee desires to be employed as the City Attorney for the City of Escondido.

WHEREAS, the City Council of the City (the "City Council") desires to employ Employee to serve as the City Attorney of City; and
WHEREAS, the Parties desire to execute this Agreement pursuant to the authority of and subject to the provisions of the Escondido Municipal Code and Government Code Section 53260, et seq.; 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, in consideration of these Recitals and the performance by the Parties of the promises, covenants, and conditions herein contained, the Parties agree as provided in this Agreement.
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Resolution No. 2026-169
Exhibit “A”

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

1. EMPLOYMENT
The City hereby employs the City Attorney as its City Attorney, and the City Attorney hereby accepts such employment.

2. COMMITMENTS AND UNDERSTANDINGS
A. City Attorney Commitments
(1) Duties & Authority
The City Attorney shall have the following prescribed duties:
(a) Advise the city officials in all legal matters pertaining to city business.
(b) Frame all ordinances and resolutions required by the council. (c) Perform other legal services required from time to time by the council.
(2) Hours of Work
(a) The City Attorney is an exempt employee without set hours of work but is expected to be available at all reasonable times and to engage in those hours of work that are necessary to fulfill the obligations of the City Attorney’s position. (b) The City Attorney shall spend sufficient hours on site to perform the City Attorney’s duties; however, the City Attorney has discretion over the City Attorney’s work schedule and work location.
(3) Disability or inability to perform
In the event the City Attorney becomes mentally or physically incapable of performing the City Attorney’s functions and duties with reasonable accommodation, the City Council may appoint an Interim City Attorney and may apply for disability retirement of the City Attorney, pursuant to Government Code section 21153, and any other applicable provisions of law.

B. City Commitments
(1) The City shall provide the City Attorney with the compensation incentives and benefits, specified elsewhere in this Agreement. 442
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Resolution No. 2026-169
Exhibit “A”

3 (2) The City shall provide the City Attorney with office space, staff, equipment, supplies and all other facilities and services adequate for the performance of the City Attorney’s duties.
(3) The City shall pay for or provide the City Attorney reimbursement for all actual business expenses. The City shall provide the City Attorney a credit card to charge appropriate and lawful business expenses.
(4) The City agrees to pay the professional dues and subscriptions on behalf of the City Attorney for participation in national, regional, state, or local associations and organizations, as necessary and desirable for the good of the City. (5) The City agrees to pay the travel and subsistence expenses of the City Attorney for purposes such as official functions, meetings, occasions, short courses, institutes and seminars that are necessary for the good of the City and consistent with the Administrative Directives applicable to Executive Management positions at the City.

C. Mutual Commitments
(1) Performance Evaluation
The City Council recognizes that for the City Attorney to respond to the City's needs and to grow in the performance of the City Attorney's job, the City Attorney needs to know how the City Council members evaluate performance. To assure that the City Attorney gets this feedback, the City Council shall review and evaluate the performance of the City Attorney commencing in July of each year. The City Council shall work with the Human Resources Director to retain an outside facilitator, with at least five years' experience in executive evaluations, to conduct the evaluation process. The facilitator will also assist in developing mutually agreed-upon goals and performance objectives for the upcoming year.

At the time of the annual evaluation, the City Council shall in good faith consider performance-based salary adjustments, based upon comparable compensation packages made available to these executive positions from the other cities in San Diego County and other agencies used for city labor negotiations. (2) Ethical Commitments
The City expects the City Attorney to adhere to the highest professional standards.

The City Attorney’s actions will always comply with those standards. The City Attorney agrees to follow the ethics rules, regulations, and laws of the State of California. The City Attorney shall not endorse candidates, make financial contributions, sign or circulate petitions, or participate in fundraising activities for individuals seeking or holding elected office, nor seek or accept any personal enrichment or profit derived from confidential information or misuse of public time. Neither the City Council nor any individual member thereof shall request the City Attorney to endorse any candidate, make any financial contribution, sign or circulate any petition, or participate in any fundraising activity for 443
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Resolution No. 2026-169
Exhibit “A”

4 individuals seeking or holding elected office, nor to handle any matter of personnel on a basis other than fairness, impartiality, and merit.

3. COMPENSATION
The City agrees to provide to the City Attorney compensation and benefits, and assume certain costs on behalf of the City Attorney, during the term of the Agreement as follows:

A. Compensation & Required Employer Costs
(1) Base Salary
(a) The annual Base Salary for the position of City Attorney shall be two hundred and ninety dollars ($290,000).
(b) The City Attorney shall be paid at the same intervals and in the same manner as regular City employees. In the event that there are more than twentysix (26) pay periods in a calendar year, the periodic payments shall be adjusted accordingly so that the Base Salary or other compensation or benefits shall not exceed any amount approved by the City Council.
(c) The City shall not at any time during the term of this Agreement reduce the Base Salary, compensation or other financial benefits of the City Attorney unless, as part of a general City management salary reduction, and then in no greater percentage than the average reduction of all City department heads. The City shall give the City Attorney ninety (90) day’s written notice of any intent to reduce the Base Salary pursuant to this provision.
(2) Required Employer Costs
(a) Federal Medicare Contributions (as required).
(b) State Unemployment Insurance.
(c) Public Employees Retirement System (PERS).

The City contracts with the California Public Employees’ Retirement System for retirement benefits. The City will pay the City's share, and the City Attorney shall pay the employee’s share for participation in PERS as a Tier 3 PEPRA member, currently set at seven percent (7%).
(d) The cost of any fidelity or other bonds required by law for the City Attorney, which the City reserves the right to waive. (e) The cost to defend and indemnify the City Attorney as provided in Section 6(E) below.
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5 (f) Workers' Compensation Insurance.

B. Basic Benefits
(1) Holidays
The City Attorney is entitled to the same holidays as City Executive Management employees.
(2) Vacation, Sick Leave and Management Leave Allowance Upon the Effective Date of this Agreement, the City Attorney shall receive:
(a) The City Attorney shall accrue vacation leave hours commencing at the same rate as City employees who have been working for the City for five (5) or more years and progressing according to the schedule for city employees generally thereafter. The City Attorney may accrue up to up to the maximum leave balance as permitted under existing City policy for a five (5) year or more City employee.

The City Attorney may convert vacation leave hours to cash at the same rate and at the same times as City Executive Management employees. The City Attorney shall be paid for any unused accrued vacation hours upon either voluntary or involuntary termination of employment.
(b) The City Attorney shall accrue sick leave hours at the same rate and at the same times as City employees who have been working for the City for five (5) or more years.
(c) Eleven (11) days (equivalent to 99 hours) of Management Leave. The City Attorney shall receive eleven (11) days of Management Leave annually.

The Management Leave hours do not carry from one Fiscal Year to the next and will expire at the close of each Fiscal Year if unused. The City Attorney may cash out the Management Leave hours in whole or in part at the times established for all City employees.
(3) Automobile
Upon the Effective Date of this Agreement, the City Attorney shall be provided a monthly automobile allowance in the amount of seven hundred fifty dollars $750.00 ($9,000.00 annually) in lieu of making a vehicle available for the City Attorney’s City-related business and/or functions during, before and after normal work hours. The City Attorney is not precluded from using City vehicles for City business during, before, and after the normal workday on occasion, when appropriate. (4) Benefits that Accrue to Other Employees
The City Attorney shall be entitled to all other compensable and non-compensable benefits, rights, and privileges accorded to City Executive Management employees except as otherwise provided in this Agreement.
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Resolution No. 2026-169
Exhibit “A”

6 4. SECURITY
A. Pensions
(1) Public Employees Retirement System ("PERS")
For the purposes of PERS reporting, the City shall incorporate into the reported Base Salary as compensation earnable the Section 3.A(1 )(a) Base Salary, but only to the extent, if any, that PERS will consider it to be compensation earnable. City Attorney is a Tier 3 PEPRA member of CalPERS ("PERS"), and as such, the City Attorney is obligated to contribute to PERS at the same level as all other City Tier 3 PEPRA PERS members, which is currently seven percent (7%) of Base Salary. (2) Deferred Compensation
(a) Plan Contribution
The City will make, in equal proportionate amounts each pay period, a pro-rated total annual contribution of seven percent (7%) of Base Salary into a qualified deferred compensation plan as selected by the City Attorney. Amounts contributed under this section shall be to the benefit of the City Attorney in accordance with the Deferred Compensation Plan participation agreement and shall be considered employer contributions.
(b) Internal Revenue Code Compliance
All provisions of this Section 4.A are subject to the provisions and limitations of the Internal Revenue Code·and its related regulations as amended from time to time. No requirement of any provision of this Section 4.A shall be effective if it would violate any provision of the Internal Revenue Code or its related regulations.

B. Insurance
(1) Disability Insurance
Short and Long Term Insurance is provided and the City Attorney shall contribute

0.715% of Base Salary for short-term disability coverage and 0.50% of Base Salary for long-term disability.
(2) Medical/Dental/Vision Insurance
The City Attorney shall receive the same cafeteria plan equal to four percent (4%) of Base Salary plus one hundred and twenty-five dollars ($125.00) for allowable medical, dental and vision insurance options and related benefits as are available to other City Executive Management employees.
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7 (3) Life Insurance
The City Attorney shall receive Basic Life and AD&D insurance procured by the City and calculated at the rate of twice the Base Salary with a cap of five hundred thousand dollars ($500,000).

5. SEPARATION
The City Attorney is an at-will employee serving at the pleasure of the City Council as provided in Government Code section 36506. This Agreement may be terminated, or the City Attorney may be separated from employment under this Agreement, as follows:

A. By City
The City may terminate this Agreement at any time, either with or without cause, by majority vote of the membership of the City Council at a properly posted and duly authorized public meeting. Termination shall be under one or more of the following provisions:
(1) For Cause
(A) Misconduct. In the event that the City 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 the City Attorney, the City shall give the City Attorney notice of termination, which at the option of the City Council shall either be effective immediately, or the notice shall specify the intent to terminate and the date the termination will become final. In either case, the notice shall be accompanied by a statement of the basis for the termination. In the case of a termination that is effective immediately, the City Attorney shall have the right to present any rebuttal information to the City Council, in writing, no later than ten (10) calendar days after the termination. In the event that the City Council gives notice of an intent to terminate at a future date, the City Attorney shall have the right to present any rebuttal information to the City Council, in writing, prior to the effective date of the termination. In either case, the City Attorney shall have the right to be represented and to have a hearing before the City Council, in open or closed session as authorized by the Ralph M. Brown Act, within 14 days following termination. The City Council shall review any rebuttal information provided by the City Attorney and any other relevant material and shall then determine whether to uphold the termination or to rescind it. The City Council's decision shall be final. Any actions of the City taken under this paragraph shall occur only after the majority vote of the membership of the City Council. (B) Material Uncorrected Failure to Perform. In the event that the City determines there is good cause to terminate this Agreement that does not rise to the level of seriousness addressed above in Section 5.A(1)(A), such as (1) a repeated material failure to meet reasonable performance objectives which have been identified and adopted by the City Council at a properly notice public meeting, that are within the City Attorney’s control, or (2) uncorrected material failure to present a positive image to 447
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8 the City Council, staff, public or media on behalf of the City, the City may terminate the Agreement for cause provided the City (1) first gives notice to the City Attorney in writing of the alleged failure in performance and a reasonable opportunity to cure the problem, and (2) gives the City Attorney a reasonable opportunity to present evidence to the City Council in rebuttal to any alleged failure in performance or of any extenuating circumstances showing that the failure was beyond the control of the City Attorney. The City will not terminate for cause under this Section 5.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 City Council, including any evidence presented by the City Attorney. Any actions of the City taken under this paragraph shall occur only after the majority vote of the membership of the City Council. (C) No Severance Benefits. In the event that this Agreement is terminated by the City pursuant to Section 5.A(1) for cause, the City Attorney shall not be entitled to any severance benefits under this Agreement or under any other provision of law or City policy or procedure, except for previously accrued vacation and management leave to which the City Attorney is otherwise entitled. (2) For Convenience
The City may terminate this Agreement at any time without cause and for its convenience as the City shall, in its sole discretion, determine appropriate provided (1) the City Attorney shall be given at least thirty (30) days' written notice and an opportunity to be heard, in open or closed session or in writing, as the City Council shall determine consistent with the Ralph M. Brown Act, with respect to the proposed termination before it becomes effective, and (2) the City Council shall vote by not less than a majority of the membership of the City Council to exercise its termination rights under this provision. The City Attorney shall be offered the severance benefits specified below in Section 5 which she may accept or reject as provided in Section 5.

B. By the City Attorney
The City Attorney may terminate this Agreement at any time, with or without cause, by (1) giving Employer ninety (90) days advance written notice of her intent to terminate, or (2) a termination sooner by mutual agreement with the City. In the event that the City Attorney exercises her right to terminate, she shall not be entitled to the severance benefits set forth below under Section 5.C or to any other similar termination benefits under law or the City’s rules or regulations, provided however, that the City Attorney shall be entitled to payment for any vacation or management leave earned and unused at the time her notice of termination is effective.

C. Severance
In the event that the City Attorney’s employment is terminated by the City for convenience pursuant to Section 5.A(2) above, the City Attorney shall be offered and shall be entitled to the severance benefits stated in this Section 5.C, as follows:
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9 (1) Computation
The City shall offer to the City Attorney, for a termination occurring after the Effective Date of this Agreement, to pay an amount equal to one (1) year of her Base Salary. Such severance benefits shall be paid in addition to payment of any accrued vacation or management leave otherwise payable to the City Attorney. (2) Separately Negotiated; Waiver
The Parties expressly acknowledge and agree that these severance pay provisions have been independently negotiated. Acceptance by the City Attorney 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 the City Attorney may have, or have had, at any time, in the past or in the future, arising out of the City Attorney’s employment by the City, including but not limited to claims for wrongful termination of this Agreement. If the City Attorney wishes to retain any such rights, the City Attorney must decline to accept the severance benefits provided by this paragraph.

The City Attorney shall notify the City 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.

Acceptance of the severance benefits under this paragraph will operate as a general release on the part of the City Attorney as to all claims, known or unknown, and the City Attorney specifically waives the provisions of 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 HER FAVOR AT THE TIME OF EXECUTING

THE RELEASE, WHICH IF KNOWN BY HER MUST HAVE

MATERIALLY AFFECTED HER SETTLEMENT WITH THE
DEBTOR.
(3) The severance provisions of this Agreement shall not apply in the event the City Attorney is terminated for cause as provided for in Sections 5.A(1 )(A) or (B).

6. MISCELLANEOUS PROVISIONS
A. Term
The term of this Agreement shall be from the Effective Date until terminated pursuant to the terms of this Agreement.

B. Provisions that Survive Termination
Many sections of this Agreement are intended by their terms to survive the City Attorney’s termination of employment with the City including, but not limited to, Sections 449
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10 5 and 6.E. These sections, and the others so intended, shall survive termination of employment and termination of this Agreement.

C. Amendments
This Agreement may be amended at any time by mutual agreement of the City and the City Attorney. Any amendments are to be negotiated, put in writing, and adopted by the City Council.

D. Conflict of Interest
(1) The City Attorney shall not engage in any business or transaction or have a financial or other personal interest or association, direct or indirect, which is in conflict with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties. (2) The City Attorney shall also be subject to the conflict of interest provisions of the California Government Code and Municipal Code. (3) The City Attorney is responsible for submitting to the City Clerk the appropriate Conflict of Interest Statements at the time of appointment, annually thereafter, and at the time of separation from the position.

E. Indemnification
The City shall defend and indemnify the City Attorney to the fullest extent required by Government Code section 825, et seq. and as may be required or provided for under the Municipal Code and related City Administrative Directives.

F. Severability
If any clause, sentence, part, section, or portion of this Agreement is found by a court of competent jurisdiction to 'be illegal or unenforceable, such clause, sentence, part, section, or portion so found shall be regarded as though it were not part of this Agreement and the remaining parts of this Agreement shall be fully binding and enforceable by the Parties hereto.

G. Laws Affecting Title
In addition to those laws affecting a City Attorney, the City Attorney shall have the same powers, rights and responsibilities as a Chief Executive Officer, City Administrative Officer, Administrator, and City Administrator as those terms are used in local, state or federal laws.
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11 H. Jurisdiction and Venue
This Contract shall be construed in accordance with the laws of the State of California, and the Parties agree that venue shall be in San Diego County, California, notwithstanding any conflicting provisions of the California Code of Civil Procedure.

I. Provisions of Government Code Section 53243, et. seq. (1) In the event that the City provides paid leave to City Attorney pending an investigation of a crime involving abuse of her office or position covered by Government Code section 53243.4, and should that investigation lead to either a criminal conviction or a civil or administrative penalty by the FPPC or any similarly authorized agency, City Attorney shall fully reimburse the City for any salary provided for that purpose.
(2) In the event that the City provides funds for the legal criminal defense of City Attorney pending an investigation of a crime involving abuse of her office or position covered by Government Code section 53243.4, and should that investigation lead to either a criminal conviction or a civil or administrative penalty by the FPPC or any similarly authorized agency, City Attorney shall fully reimburse the City for any funds provided for that purpose.
(3) In the event that the City provides City Attorney with severance, or any other type of cash settlement related to the termination of City Attorney, and City Attorney subsequently is convicted of a crime, or subjected to civil or administrative penalties, resulting from abuse of her office or position covered by Government Code section 53243.4, City Attorney shall fully reimburse the City for any such severance or cash settlement.
(4) This provision shall not be interpreted or construed as creating a contractual obligation on the City to provide paid leave, a legal criminal defense or cash settlement related to an investigation or termination of the City Attorney.

J. Entire Agreement
This Agreement represents the contractual relationship of the Parties, and no representations have been made or relied upon except as set forth herein. This Agreement may be amended or modified only by a written, fully executed agreement of the Parties.
[SIGNATURE PAGE TO FOLLOW]
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12 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. 2026-169, and City Attorney has signed and executed this Agreement set forth below.

CITY OF ESCONDIDO
Date:

Dane White, Mayor

EMPLOYEE
Date:

M. Dare DeLano
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STAFF REPORT
October 7, 2026
File Number 0650-20

SUBJECT
MEASURE B: THE SAN DIEGO COUNTY HEALTH & SAFETY ACT - 0.5% COUNTYWIDE TAX INITIATIVE

DEPARTMENT
City Manager’s Office

RECOMMENDATION
Request the City Council use its discretion to either support, oppose, or take no action regarding Measure B: A citizen-led, countywide half-cent sales tax on the November 2026 ballot.

Staff Recommendation: Provide Direction (City Manager’s Office: Joanna Axelrod, Deputy City Manager)
Presenter: Matthew Anderson, Management Analyst
ESSENTIAL SERVICE – No
COUNCIL PRIORITY – Financial Stewardship

FISCAL ANALYSIS
There is no direct fiscal impact to the City of Escondido. However, if passed, Measure B would increase sales tax in Escondido to the California cap of 9.25%, restricting the City’s ability to levy additional sales tax in the future without legislative approval from the State of California.

Retail sales of tangible personal property, as well as some service and labor costs, made throughout the City would be subject to an additional 0.5% sales tax, the revenue of which would be managed by the County of San Diego. Measure B does not expressly establish dedicated allocations, revenue-sharing formulas, or guaranteed distributions for incorporated cities or municipal police or fire departments. All future expenditures would be determined solely through the County’s annual budget process.

PREVIOUS ACTION
On August 12, 2026, Councilmember Judy Fitzgerald and Mayor Dane White requested that this item be placed on a future City Council Agenda.
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BACKGROUND
Measure B, also known as the San Diego Health & Safety Act, is a citizen-led, Countywide half-cent sales tax on the November 2026 ballot. If passed, Measure B is estimated to raise revenue of $400 - $450 million per year with no automatic end date. Measure B is considered a special tax and requires specific targets for its use: Services for children and families, Tijuana River sewage crisis cleanup and response, and public safety. Measure B calls for an 11-member Citizen Oversight Committee, yearly independent audits, and public reports to confirm whether the money was used as required. Because this is a citizen initiative, it will only require a simple majority (50% +1) to pass, as opposed to the 2/3 supermajority needed by government-initiated special taxes.

The distribution of the funding is established as follows:
 60% Services for children and families:
 Healthcare – additional funding for current Medicaid-supported services, County medical services, care through hospitals and clinics, in-home care, and staff who help people apply for health programs. Funding must add to, not replace, existing County healthcare funding.  Childcare – childcare vouchers for families, payments to help providers hire and keep workers, and mental and behavioral health services for young children.  Food Security – no more than 7% of total Measure B revenue could go to CalFresh nutrition assistance, and no more than 2/3 of that may go to eligible staffing expenses for County staff who review eligibility and other food assistance programs.  22.5% Tijuana River sewage crisis cleanup and response  16% Public Safety: fire preparation and wildfire mitigation, law enforcement, and 9-1-1 systems  Up to 1.5% Administration and Oversight
Sales Tax Caps
The California Revenue and Taxation Code Section 7251.1 generally limits combined taxes within a county to 2% above the Statewide base of 7.25%. In San Diego County, that limits sales tax to a 9.25% maximum.

As a Countywide Initiative, Measure B would add 0.5% to the existing tax rates in each jurisdiction.

Currently, the cities of Chula Vista, Del Mar, Escondido, Imperial Beach, Lemon Grove, National City, San Marcos, and Solana Beach tax sales at 8.75%. The additional 0.5% from Measure B would bring these cities up to the Statewide Cap of 9.25%, and they would not be able to increase sales tax without State Legislative authority. The City of Oceanside will have Measure S on the same 2026 ballot – a 0.5% sales tax measure that, if passed, would bring Oceanside to the same level as the cities listed above. 454
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The California Legislature has, on numerous occasions, granted specific statutory authority to exceed that limitation, and 172 Cities and Counties have increased beyond the 9.25% cap. In August 2026, the Governor signed SB 762, authorizing 13 jurisdictions to exceed the state limit.

Council Direction
The Council may, at its discretion, choose to support Measure B, oppose Measure B, or take no action.

Staff have prepared resolutions in support (Resolution No. 2026-167) and opposition (Resolution No. 2026-168) to this Measure.

RESOLUTIONS
a. Resolution No. 2026-167
b. Resolution No. 2026-168

ATTACHMENTS
a. Attachment “1”—Measure B Full Text
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RESOLUTION NO. 2026-167

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO EXPRESSING THE CITY COUNCIL'S SUPPORT

FOR MEASURE B, THE SAN DIEGO COUNTY HEALTH &
SAFETY ACT, A COUNTYWIDE 0.5 PERCENT SALES TAX

INITIATIVE
WHEREAS, the City of Escondido is committed to protecting the health, safety, and welfare of its residents, businesses, and visitors, and recognizes the importance of regional cooperation in addressing challenges that affect communities throughout San Diego County; and WHEREAS, Measure B, identified as the San Diego County Health & Safety Act, 0.5% Countywide Tax Initiative, has been proposed as a countywide sales tax measure intended to generate funding for health care, public safety, child care, and projects addressing cross-border pollution and related public health concerns; and
WHEREAS, the proposed measure would establish an additional countywide sales tax of one-half of one percent, subject to the specific terms, limitations, and implementation provisions contained in the measure; and
WHEREAS, the City Council recognizes that threats to public health and safety, including emergency response demands, environmental contamination, and regional infrastructure challenges, may extend beyond municipal boundaries and require coordinated responses among local, regional, state, and federal partners; and
WHEREAS, the City Council recognizes the importance of reliable emergency services, effective public health protections, environmental safeguards, and adequate resources to address conditions that may affect the quality of life and safety of San Diego County residents; and 456
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WHEREAS, the City Council further recognizes that any public funding initiative should be administered transparently, with appropriate accountability, fiscal oversight, and clear communication regarding the use and benefits of collected revenues; and WHEREAS, after considering the stated purposes of Measure B, its potential regional implications, and the interests of the residents and businesses of the City of Escondido, the City Council finds that expressing support for the measure is consistent with the City's interest in promoting regional health, safety, and coordinated public service delivery; and
WHEREAS, the City Council acknowledges that the ultimate decision regarding Measure B rests with the electorate and that the City Council's position does not limit the right of any individual to express an independent viewpoint or participate in the electoral process.

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

1. The foregoing recitals are true and correct and are incorporated into this Resolution by reference.

2. The City Council of the City of Escondido hereby expresses its support for Measure B, the San Diego County Health & Safety Act, 0.5% Countywide Tax Initiative, based on the measure's stated objectives of supporting regional health, public safety, environmental protection, and related community needs.

3. The City Council encourages continued transparency, fiscal responsibility, and accountability in the administration of any revenues generated by Measure B, including clear reporting regarding the allocation and use of funds.
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4. The City Clerk is hereby authorized and directed to attest to the adoption of this Resolution and to provide copies to appropriate regional agencies and interested parties.

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

6. The City Clerk shall certify to the adoption of this Resolution and shall cause the same to be entered into the official records of the City of Escondido. 458
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RESOLUTION NO. 2026-168

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO EXPRESSING OPPOSITION TO MEASURE B,
THE SAN DIEGO COUNTY HEALTH & SAFETY ACT, 0.5%

COUNTYWIDE TAX INITIATIVE
WHEREAS, the City of Escondido is committed to protecting the health, safety, and welfare of its residents, businesses, and visitors, and recognizes the importance of effective public services, sound fiscal management, and regional cooperation; and
WHEREAS, Measure B, identified as the San Diego County Health & Safety Act, 0.5% Countywide Tax Initiative, has been proposed as a countywide sales tax measure intended to generate funding for health care, public safety, child care, and projects addressing cross-border pollution and related public health concerns; and
WHEREAS, the proposed measure would establish an additional countywide sales tax of one-half of one percent, subject to the specific terms, limitations, and implementation provisions contained in the measure; and
WHEREAS, the City Council recognizes the importance of addressing public health, emergency response, environmental protection, and other regional needs, and acknowledges that these matters warrant thoughtful consideration and effective collaboration among governmental agencies; and WHEREAS, the City Council also recognizes that additional taxation imposes financial obligations on residents, families, consumers, and businesses, and that the cumulative effect of state, local, and regional taxes may affect household budgets, business operations, economic activity, and the cost of goods and services; and
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WHEREAS, the City Council believes that any proposal to impose an additional countywide tax should be evaluated carefully in light of demonstrated fiscal needs, existing governmental revenues, alternative funding sources, the proposed allocation of revenues, and the availability of meaningful safeguards for accountability and oversight; and
WHEREAS, after considering the stated purposes of Measure B, its proposed tax increase, its potential financial implications, and the interests of the residents and businesses of the City of Escondido, the City Council finds that expressing opposition to the measure is consistent with its interest in fiscal prudence, responsible taxation, and the protection of the local economy; and WHEREAS, the City Council acknowledges that the ultimate decision regarding Measure B rests with the electorate and that the City Council's position does not limit the right of any individual to express an independent viewpoint or participate in the electoral process.

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

1. The foregoing recitals are true and correct and are incorporated into this Resolution by reference.

2. The City Council of the City of Escondido hereby expresses its opposition to Measure B, the San Diego County Health & Safety Act, 0.5% Countywide Tax Initiative, based on concerns regarding the imposition of an additional countywide sales tax and the potential financial implications for residents, consumers, and businesses.

3. The City Council encourages regional agencies and policymakers to continue pursuing effective, transparent, and fiscally responsible approaches to addressing public health, public safety, 460
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environmental protection, and other regional priorities, including consideration of existing revenues and alternative funding sources.

4. The City Clerk is hereby authorized and directed to attest to the adoption of this Resolution and to provide copies to appropriate regional agencies and interested parties.

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

6. The City Clerk shall certify to the adoption of this Resolution and shall cause the same to be entered into the official records of the City of Escondido. 461
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KEYCONSENT CALENDAR CURRENT BUSINESS

PUBLIC HEARING WORKSHOP PROCLAMATION
10/14/2026 - NO MEETING
10/21/2026 - NO MEETING
10/28/2026 - NO MEETING
11/4/2026
CONSENT CALENDAR - (K. SNYDER) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR TO

EXECUTE, ON BEHALF OF THE CITY, A PURCHASE ORDER AGREEMENT FOR THE PROCUREMENT AND DELIVERY OF EQUIPMENT FOR THE LOCAL HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CITY-WIDE TRAFFIC SIGNAL COMMUNICATION SYSTEM UPGRADES PROJECT ($427,879.03) CONSENT CALENDAR - (K. SNYDER) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY, AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH STC TRAFFIC, INC. TO PROVIDE CONSTRUCTION ENGINEERING SUPPORT SERVICES FOR THE HSIP CITY-WIDE TRAFFIC SIGNAL COMMUNICATION SYSTEM UPGRADES PROJECT - ($382,270) CONSENT CALENDAR - (K. SNYDER) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY, AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH STC TRAFFIC, INC. TO PROVIDE CONSTRUCTION ENGINEERING SUPPORT SERVICES FOR THE HSIP CITY-WIDE TRAFFIC SIGNAL COMMUNICATION SYSTEM UPGRADES PROJECT - ($382,270) CONSENT CALENDAR – (K. SNYDER) – APPROVE SDG&E EASEMENT FOR FAMILY HEALTH CENTER CONSENT CALENDAR – (J. GOULART) - CHANGE ORDER WITH WESTERN STATE BUILDERS FOR THE SPLASH PAD AT GROVE PARK PROJECT CONSENT CALENDAR – (D. PETERSON) - AMENDMENT TO THE SEWER FLOW AGREEMENT FOR THE VALIANO PROJECT - Request the City Council adopt Resolution No. 2026-156, authorizing the Mayor to execute, on behalf of the City, an Amendment to the Sewer Flow Agreement for the Valiano Project.

CONSENT CALENDAR - SECOND READING AND ADOPTION - ORDINANCE NO. 2026-15 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, ADDING A NEW ARTICLE 81 TO CHAPTER 33 OF THE ESCONDIDO MUNICIPAL CODE TO IMPLEMENT SENATE BILL 79 (2025), CODIFIED AT GOVERNMENT CODE SECTIONS 65912.155 THROUGH 65912.162, INCLUSIVE, BY ESTABLISHING A TRANSIT ORIENTED DEVELOPMENT OVERLAY ZONE,

ADOPTING THE TRANSIT-ORIENTED DEVELOPMENT OVERLAY ZONE MAP AND RELATED PARCEL INVENTORIES, APPLYING THE OVERLAY ZONE TO PARCELS SUBJECT TO SENATE BILL 79, EXEMPTING CERTAIN PARCELS AS ALLOWED BY LAW, PHASING IMPLEMENTATION FOR CERTAIN PARCELS AS ALLOWED BY

LAW, ESTABLISHING OBJECTIVE DEVELOPMENT STANDARDS FOR TRANSIT ORIENTED HOUSING DEVELOPMENTS, DETERMINING THAT ADOPTION OF THE

ORDINANCE IS NOT A PROJECT FOR PURPOSES OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND AUTHORIZING STAFF TO SUBMIT THE ENACTED

ORDINANCE TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CONSENT CALENDAR - SECOND READING AND ADOPTION - ORDINANCE NO. 2026- 19 - AN EXTENSION OF AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858, CONTINUING A MORATORIUM FOR TEN (10) MONTHS AND FIFTEEN (15) DAYS ON THE ESTABLISHMENT, EXPANSION, OR INTENSIFICATION OF DATA CENTERS AND OTHER SIMILAR HIGHINTENSITY COMPUTING USES WITHIN THE CITY OF ESCONDIDO; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA PUBLIC HEARING - (K. SNYDER) – PL23-0237 – A PRIVATE DEVELOPMENT APPLICATION LOCATED AT THE SOUTHEAST CORNER OF MILLER AND CITRACADO CURRENT BUSINESS - (D. PETERSON) - RESIDENTIAL AND COMMERCIAL SOLID WASTE RATE INCREASE - Request the City Council adopt Resolution No. 2026- XXX, approving the annual residential and commercial solid waste and recycling rate adjustments pursuant to the terms of the City of Escondido’s (“City’s”) adopted Solid Waste and Recycling Franchise Agreement with Escondido Disposal, Inc. (“EDI”). Upon approval by the City Council, the proposed rate adjustments will become effective January 1, 2027.

CURRENT BUSINESS - (K. SNYDER) - HOUSING AND NEIGHBORHOOD SERVICES SUBRECIPIENT PERFORMANCE AND COMMUNITY IMPACTS - It is requested that the City Council receive an update on FY 2025-2026 Neighborhood Services programing performance and outcomes.

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KEYCONSENT CALENDAR CURRENT BUSINESS

PUBLIC HEARING WORKSHOP PROCLAMATION
CURRENT BUSINESS - (C. MCKINNEY) - CONSIDERATION OF DONATION OFFER FROM THE ESCONDIDO COMMUNITY FOUNDATION FOR LED LIGHTING OF THE ESCONDIDO GIVING ARCH - It is requested that the City Council approve the donation offer from the Escondido Community foundation to outline the Escondido Giving Arch with LED lighting.

CURRENT BUSINESS - (K. PLUNKETT) - AXON
CURRENT BUSINESS - (C. MARTINEZ / J. FITZGERALD) - UPDATE ON THE CITY OF ESCONDIDO POLICE DEPARTMENT FIRING RANGE CONTRACT WITH

HOMELAND SECURITY INVESTIGATIONS (HSI)
WORKSHOP - (C. HOLMES) - AMERICAN RESCUE PLAN ACT FINAL REPORT - Request the City Council receive and file a review of the American Rescue Plan

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