Name of Program Objective Timeframe in
Status of Program Implementation H.E I
Condominium Conversions Continue to implement the City's Condominium Conversion Ordinance. Ongoing The City continues to implement the Condominium Conversion Ordinance.
Condominium Conversions Monitor condominium conversion activities to ensure the ordinance provides Bi-annually The City continues to monitor condominium conversion activities. There was no adequate protection of the rental housing stock. condom inium conversion activity in 2021.
Housing Rehabilitation Continue to pursue funding from the State throughout the planning period to Ongoing No funding opportunities mateialized in 2021. potentially reinstate the housing rehabilitation program.
Housing Rehabilitation Work with developers and non-profits on an annual basis to pursue funding for Ongoing No funding opportunities materialized in 2021. housing rehabilitation.
Housing Rehabilitation If funding is acquired by 2023, provide rehabilitation for five units per year for the rest Ongoing No funding opportunities materialized in 2021 . of the planning period.
Adequate Sites for RHNA Develop a procedure to monitor the development of sites identified in the sites and Monitoring of No Net inventory and ensure adequate sites are available to meet the remaining RHNA by 2021 There was no condominium conversion activity in 2020.
Loss income category.
Adequate Sites for RHNA
and Monitoring of No Net Provide information on available sites and development incentives on City website. Ongoing Information about development incentives is available on the website.
Loss
Adequate Sites for RHNA Assist developers in identifying available sites for residential and mixed-use Community_Development Department staff works closely with developers to and Monitoring of No Net developments Ongoing identify housing sites and develop projects that maximize housing Loss opportunities.
Adequate Sites for RHNA
and Monitoring of No Net Facilitate zoning changes as appropriate to encourage residential development. Ongoing There was no re-zoning activity in 2021.
Loss
Adequate Sites for RHNA Continue to facilitate entitlements throughout the City, including but not limited to, the and Monitoring of No Net City owned Old Police Station Site. Continue through the entitlement process of the Ongoing A 100 percent affordable apartment development was approved at 8181 Allison Loss Old Police Station Site which includes a zone change and other incentives in order to Avenue, the former Police Station site, in October 2021. break ground on the project by August 2022
Lot Consolidation Program Work with developers and owners of small sites to identify and consolidate parcels to Ongoing Two lot consolidations for residential or mixed use were completed in 2021. facilitate the development of housing affordable to lower-income households.
Lot Consolidation Program Develop a lot consolidation procedure that is easier to navigate and post the 2022 In 2021, the I.ct consolidation application and review process was revised to be procedure on the City website. more in alignment with other jurisdictions.
By-Right Approval of Amend Zoning Ordinance to require by-right approval of housing development that Projects with 20% includes 20 percent of the units as housing affordable to lower income households, 2022 Zoning ordinance amendment to be initiated in 2022. Affordable Units on "Reuse" Sites on sites being used to meet the 6th cycle RHNA
Facilitate the Development Contact property owners and qualified developers of high-density residential and Ongoing City staff regularly works with owners and developers to facilitate project of Higher Density Housing mixed-use developments to discuss opportunities in the City. opportunities on key sites.
Objective Timeframe in Status of Program Implementation 1 Name of Program H.E Initiate the master planning of the Grossmont Center through actions such as expedited review and processing of development proposals and lot splits and updating the Grossmont Specific Plan, with the goal of completing the planning effort Facilitate the Development to facilitate construction of housing units within the Housing Element planning period. 2025 Staff is working with the new owner of the site to accomplish an update to the of Higher Density Housing City staff has had contacts with owners of the Grossmont Center regarding Grossmont Specific Plan and explore future development opportunities. development interest. This Housing Element sites inventory includes select portions of the Grossmont Center based on owner interest and staff assessment of feasible . locations.
Facilitate the Development
Work with qualified developers in their efforts to pursue State and federal funding, Staff is· available to assist developers interested in pursuing State and federal such as providing letters of support for funding application and assistance in Ongoing funding as needed. Staff provided assistance to USA Properties as they worked of Higher Density Housing compiling data and information needed for funding application to structure a 100 percent affordable project at the Old Police Station site.
City staff encourages developers to incorporate sustainable features, such as During pre-application meetings with developers, communicate the City's vision for photovoltaic systems, into all new development and streamlines review of Facilitate the Development sustainable development, particularly in the Mixed Use Ufban district and other Ongoing photovoltaic permit processing. In 2019, the City adopted the 2019 California of Higher Density Housing Energy Code, which requires all new dwelling units to perform 50% better than targeted neighborhoods for higher-density housing. the previous standards and includes a prescriptive requirement for photovoltaic systems in new single- and multi-unit residential development.
Affordable Housing Review and revise as necessary the City's density bonus provisions to ensure Density bonus projects are reviewed for consistency with the most current 2021 version of State density bonus law. No revisions to local regulations are Development Incentives consistency with State law and the City's affordable housing program. necessary at this time.
Affordable Housing Continue to provide incentives for the development of affordable housing for senior Ongoing No projects proposed in 2021 . Development Incentives and people with disabilities through implementation of the specific plan process.
Affordable Housing Evaluate the City's affordable housing incentives for consistency with the latest Density bonus projects are reviewed for consistency with the most current 2021 version of Stae density bonus law. No revisions to local regulations are Development Incentives changes to the State Density Bonus Law necessary at this time.
Affordable Housing Market incentives to housing developers via information on City website and at PL!blic Ongoing The City provides information about local and state density bonus program Development Incentives counters. tools to developers and actively encourages developer participation.
Coordination with Housing Maintain and update bi-annually a list of affordable housing developers for purposes Developers of soliciting their involvement in development projects in La Mesa. Ongoing The City maintains a list of affordable housing developers.
Coordination with Housing Partner with affordable housing developers to review available federal and State Ongoing No opportunities materialized in 2021.
Developers financing subsidies and apply as feasible on an annual basis.
Assist and support developers of housing for extremely low, very low, and low-income Coordination with Housing households with site identification, supporting applications, conducting pre- Ongoing Staff conducted pre-application review with multiple housing developers in Developers application meetings, assisting with design and site requirements, and providing 2021, most of whom are planning to include affordable units. regulatory incentives and concessions.
Objective Timeframe in
Status of Program Implementation I Name of Program H.E
Assist and support developers of housing for special needs households, including Coordination with Housing
households with persons with disabilities, persons with developmental disabilities, single-parent households, and large households, with site identification, supporting Ongoing No opportunities materialized in 2021 . Developers applications, conducting pre-application meetings, assisting with design and site requirements, and providing regulatory incentives and concessions.
Accessory Dwelling Units Promote ADU construction with the objective of achieving 640 ADUs over eight years . Ongoing Staff assists potential applicants with ADU questions and works to prioritize ADU construction plan review.
Accessory Dwelling Units Develop materials for City website and distribution at public counters for ADU 2022 Staff is working with a consultant to publish an ADU Guidebook that is expected requirements and permitting procedures. to be completed in 2022.
Develop a monitoring program in 2022 to ensure City is on track to meeting ADU construction goals. Monitor the number of permitted ADUs and affordability every year as part of the Annual Progress Report (APR) process and evaluate whether trends are consistent with 80 units per year with a moderate income affordability. If The Community Development Depment maintains a current list of ADU permit Accessory Dwelling Units the annual monitoring determines that the City is not meeting its ADU goal with 2022 applications and their project status. In 2021 , the City was on-track to meet its permitted ADUs, the City will ensure adequate sites are available to accommodate all ADU goal. income groups through alternative measures, including rezoning and or amending the Housing Element as necessary within 6 months following the submittal of the APR.
Accessory Dwelling Units Continue to pursue state funding for ADU conversions and or the construction of new Ongoing No opportunities materialized in 2021 . ADUs.
Downpayment and Closing The City continues to participate in the San Diego County HOME Consortium.
Cost Assistance (DCCA) Assist two households annually (16 households over eight years). Ongoing The HOME Consortium administers the local DCCA program. Two households Program were funded in 2021 .
Downpayment and Closing Continue to promote the DCCA program by posting information on City website, Cost Assistance (DCCA) making brochures available to the public, and through occasional articles in the City's Ongoing The City continues to promote the DCCA program on its website.
Program newsletter.
Housing Choice Voucher Continue to promote the HCV program to residents and property owners through The City continues to promote the Housing Choice Voucher program on its dissemination of brochures at public counters , providing information on the City's Ongoing Program website, and referring residents and property owners to the County HCDS. website. In 2021, 696 La Mesa households were participating in the program.
Work with County HCDS and the City's Fair Housing Service provider to promote acceptance of HCVs through outreach and education to renters, and rental property owners and managers. Specifically, California legislature passed SB 329, which Staff particiaptes in the San Diego Regional Alliance for Fair Housing, which Housing Choice Voucher redefines source of income as "lawful, verifiable income paid directly to a tenant or to Ongoing actively works to promote and educate the community about fair housing. The Program a representative of a tenant, or paid to a housing owner or landlord on behalf of a City's fair housing service provider holds regular public outreach events at the tenant, including federal, state or local public assistance, and federal, state, or local La Mesa Library. housing subsidies, including , but not limited to, federal housing assistance vouchers issues under Section 8 of the United States Housing Act of 1937."
Name of Program Objective Timeframe in
Status of Program Implementation I H.E ,
Prioritizing Sewer Services Adopt a procedure to prioritize sewer services for affordable housing projects within 2022 Development of a procedure to prioritize sewer services for affordable housing the City projects to be initiated in 2022.
Affordable Housing and Amend the zoning ordinance to address Emergency Shelters (SB 2, 2007; AB 139, Housing for Special Needs 2019) to remove the 150-foot distance requirement from residentially zoned 2022 Zoning ordinance amendment to be initiated in 2022.
Groups properties and establish parking requirements based on staffing level only.
Affordable Housing and Amend the zoning ordinance to establish provisions for Low Barrier Navigation Housing for Special Needs Centers (AB 101 , 2019) as development by right in areas zoned for mixed uses and 2022 Zoning ordinance amendment to be initiated in 2022.
Groups nonresidential zones permitting multifamily uses if it meets specified requirements.
Amend the zoning ordinance to establish provisions for transitional and supportive housing as a residential use similar to uses in the same zone (SB 745, 2013; AB Affordable Housing and 2162, 2019) and to permit projects of up to 50 units by right in zones where multifamily and mixed-use developments are permitted, when the development meets Housing for Special Needs certain conditions, such as providing a specified amount of floor area for supportive 2022 Zoning ordinance amendment to be initiated in 2022.
Groups services. The City may choose to allow projects larger than 50 units by right, as well.
AB 2162 also prohibits minimum parking requirements for supportive housing within ½ mile of a public transit stop.
Affordable Housing and Amend the zoning ordinance to address Single-Room Occupancy (SRO) Units (AB 2634, 2007), which are distinct from a studio or efficiency unit. Although SRO units Housing for Special Needs are not required to have a kitchen or bathroom, many SROs have one or the other 2022 Zoning ordinance amendment to be initiated in 2022.
Groups and could be equivalent to an efficiency unit.
Affordable Housing and Amend the zoning ordinance to provide for Affordable housing Streamlined Approval Housing for Special Needs (SB 35). Establish a streamlined , ministerial review process for qualifying multi-family 2022 Zoning ordinance amendment to be initiated in 2022.
Groups residential projects
Affordable Housing and Amend the zoning ordinance to address farmworker housing. Clarify the types of nonHousing for Special Needs commercial agricultural activities allowable in the single-family zones as accessory 2022 Zoning ordinance amendment to be initiated in 2022. uses. While the City has no agricultural zones, agricultural uses are permitted as Groups accessory uses in R1 E, R1 R, R1 S, and R1 zones.
Affordable Housing and Amend the Zoning Ordinance to implement a formal reasonable accommodation Housing for Special Needs procedure to address reasonable accommodation requests with respect to zoning , 2022 Zoning ordinance amendment to be initiated in 2022.
Groups permit processing, or building laws.
Affordable Housing and Amend the Zoning Ordinance to allow employee housing for six or fewer persons to Housing for Special Needs be treated as a residential use and subject to regulations that apply to other 2022 Zoning ordinance amendment to be initiated in 2022.
Groups residential dwellings of the same type in the same zone.
Name of Program Objective Timeframe in
Status of Program Implementation H.E I
Amend the zoning ordinance to allow for large residential care facilities for seven or Affordable Housing and more persons in all residential zones without a CUP. Amend the zoning ordinance to Housing for Special Needs allow group homes for seven or more in all residential zones and remove the location 2022 Zoning ordinance amendment to be initiated in 2022.
Groups requirement of along major streets to mitigate the potential constraints on housing for persons with disabilities.
Consider granting a fee deferral, partial fee waiver, or paying a portion of the required No requests were received for fee reductions in 2021 . The City does not charge Fees for Development fees to facilitate the development and rehabilitation of housing units affordable to Services lower income households, especially projects that include units for extremely low Ongoing sewer connection fees for Accessory Dwelling Units and is considering waivers income households. of all impact fees for deed-restricted affordable units.
Initiate a process to review if it is appropriate and feasible to amend the Zoning Development Standards Ordinance to rely on a sliding scale for parking for residential units based on size to 2022 Feasibility to be explored in 2022. mitigate potential constraints.
Objective Design Standards Develop and make available objective design standards that will provide a preliminary 2022 The City is working with a consultant to develop objective design guidelines and application process for residential development. will have a draft available for public review in 2022.
Jurisdiction La Mesa
Reporting Period 2021 (Jan. 1 - Dec. 31)
Planning Period 6th Cvcle 04/15/2021 - 04/15/2029
Project Identifier
1 APN Street Address Project Name .
Summary Row: Start Data Entry Below
Annual Progress Report
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table E
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Units Constructed as Part of Agreement Description of Commercial Development Bonus
2 3
Local Jurisdiction Very Low Low Moderate Above Moderate Description of Commercial Tracking 10• Income Income Income Income Development Bonus Note:"+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Commercial Development Bonus
Date Approved
4 Commercial Development Bonus
Date Approved
January 2020
Jurisdiction
Reporting Period
Plannin_g_ Period
La Mesa
2021 (Jan. 1 - Dec. 31)
6th Cycle 04/1 5/2021 - 04/15/2029
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table F
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formul as
Units Rehabilitated, Preserved and A~uired for Alternative Adequate Sites pursua_rit to Government Code section 65583.1 (c) Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabililated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with lhe standards set forth in Govemmenl Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Units that Do Not Count Towards RHNA •
Listed for Informational Purposes Only
Units that Count Towards RHNA •
Note - Because the statulory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields.
Activity Type
The description should adequately document how
each unit complies with subsection (c) of Government
l-------,--------,--------r-------t-------.-------,------,--------i Code Section 65583.1• Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Residential Unils
Mobilehome Park Preservation
Total Units by Income
Extremely LowIncome •
Annual Progress Report
Very Low-Income• I Low-Income• TOTAL UNITS•
Extremely LowIncome• VeryLowlncome• Low-Income• !TOTAL UNITS• January 2020
Jurisdiction La Mesa
Reporting Period 2021
Planning Period 6th Cycle
(Jan. 1 - Dec. 31)
04/15/2021 - 04/15/2029
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table G
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
1 2 3 4
Local Jurisdiction Realistic Capacity Entity to whom the site APN Street Address Project Name + Identified in the Intended Use for Site Tracking ID+ Housing Element transferred Summary Row: Start Data Entry Below
Jurisdiction
Reporting Period
1 APN
La Mesa
2021
(Jan. 1 - Dec.
31)
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
For San Diego County jurisdictions, please format the APN's as follows:999-999-99-99 Table H
Locally Owned Surplus Sites
Parcel Identifier Designation
2 3 4 5
Street Address/Intersection Existing Use Number of Surplus Units Designation
Summary Row: Start Data Entry Below
Size
6 Parcel Size (in
acres)
Note: "+" indicates
an optional field
Cells in grey
contain autocalculation formulas
Notes
7 Notes
Jurisdiction La Mesa
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 04/15/2021 - 04/15/2029
Building Permits Issued by Affordability Summary
Income Level Current Year
Deed Restricted 5 Very Low Non-Deed Restricted 0
Deed Restricted 0 Low Non-Deed Restricted 0
Deed Restricted 0 Moderate Non-Deed Restricted 65
Above Moderate 71
Total Units 141
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 0 2 5
2 to 4 0 0 0
5+ 220 74 143
ADU 0 65 39
MH 0 0 0
Total 220 141 187
Housing Applications Summary
Total Housing Applications Submitted: 98
Number of Proposed Units in All Applications Received: 165 Total Housing Units Approved: 21
Total Housing Units Disapproved: 0
Use of SB 35 Streamlining Provisions
Number of Applications for Streamlining 0
Number of Streamlining Applications Approved 0
Total Developments Approved with Streamlining 0
Total Units Constructed with Streamlining 0
Units Constructed - SB 35 Streamlining Permits
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Jurisdiction La Mesa
Reporting Year 2021 (Jan. 1 - Dec. 31)
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reportin g
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity's application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, os applicable.
Total Award Amount $ lrotol a word amount {.s outo•popufotl!d bo~d on omount.s l!nterl!d in rows 15·26.
Task $ Amount Awarded $ Cumulative Reimbursement Task Status Other Notes Requested Funding Summary of entitlements, building
permits, and certificates of
occupancy (auto-populated from
Table A2)
Completed Entitlement Issued by
Affordability Summary
Income Level Current Year
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2 Completed Entitlement Issued by Affordability Summary
Income Level Current Year
Deed Restricted 66 Very Low Non-Deed Restricted 0
Deed Restricted 66 Low Non-Deed Restricted 0
Deed Restricted 0 Moderate Non-Deed Restricted 0
Above Moderate 66
Total Units 220
Building Permits Issued by Affordablllty Summary
Income Level Current Year
Deed Restricted 5 Very Low Non-Deed Restricted 0
Deed Restricted 0 Low Non-Deed Restricted 0
Deed Restricted 0 Moderate Non-Deed Restricted 65
Above Moderate 71
Total Units 141
Certificate of Occupancy Issued by Affordablllty Summary Income Level Current Year
Deed Restricted 0 Very Low Non-Deed Restricted 0
Deed Restricted 3 Low Non-Deed Restricted 0
Deed Restricted 0 Moderate Non-Deed Restricted 39
Above Moderate 145
Total Units 187
CITY OF
LAMESA
JEWEL of the HILLS STAFF REPORT
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: March 22, 2022
SUBJECT: Resolution Authorizing Submittal of a Grant Application to the Galifornia Governor's Office of Emergency Services for the Jessie Avenue Drainage Basin Storm Drain Improvement Project, Accepting and Appropriating Funds for the Project if Awarded, and Delegating Signature Authority to the City Manager, or Designee.
ISSUING DEPT: Public Works
SUMMARY:
Issue:
Should the City Council adopt a Resolution authorizing submittal of a grant application to the California Governor's Office of Emergency Services for the Jessie Avenue Drainage Basin Storm Drain Improvement Project, accepting and appropriating funds for the project if awarded, and delegating signature authority to the City Manager, or designee?
Recommendation:
The City Council adopt a resolution authorizing submittal of a grant application to the California Governor's Office of Emergency Services for the Jessie Avenue Drainage Basin Storm Drain Improvement Project, accepting and appropriating funds for the project if awarded, and delegating signature authority to the City Manager, or designee.
Fiscal Impact:
The grant requires a 25% match by the City, with a preliminary estimated match amount of $804,750. If awarded the grant, the City shall appropriate funding from existing or alternative funding sources identified by staff.
If the actual amount of the award is more or less than the amount estimated, the budget and local match shall be adjusted to equal the actual amount awarded.
City's Strategic Goals:
• Continue to improve high quality municipal services
Report to Mayor and Councilmembers
March 22, 2022
Page: 2 of 3
Environmental Review:
The California Environmental Quality Act (CEQA) shall be addressed prior to design of the project. A determination on CEQA impacts has not yet been made. An environmental checklist shall be completed and submitted as required by the grant application.
BACKGROUND:
The California Governor's Office of Emergency Services (Cal OES) administers the Hazard Mitigation grant application process for the Federal Emergency Management Agency (FEMA).
The grant program is a statewide funding opportunity for the mitigation of various hazards including flooding, and has a total of 428 million dollars in available funds.
DISCUSSION:
The City of La Mesa's Storm Drain Master Plan identifies various areas within the City storm drain system for improvement projects. The alignment along Jessie Avenue was identified by flow modelling as being an area of concern due to potential pipe capacity issues during storm events.
The Jessie Avenue/Zelda Avenue/73rd Street Drainage Basin area can experience drainage issues during large rain events. This area contains meandering open ditch/channel and piped drainage located between homes, and within alleys.
The City hired a consultant to prepare a storm drain hydraulic study to analyze the area, and improvement options. The study showed existing capacity issues during high flow events, and presented several different improvement alternatives.
The City proposes to apply for grant funding under the FEMA Hazard Mitigation program to fund the selected alternative outlined in the study. The alternative has a preliminary cost estimate of $3,219,000. The project conceptual diagram is included as Attachment 8.
If awarded, this grant would fund the planning, design, and construction of the proposed project.
The grant requires a 25% match; the City shall appropriate funding from existing funding sources or from alternative funding sources which are currently being explored by staff.
CONCLUSION:
Staff recommends City Council adopt a resolution authorizing submittal of a grant application to the California Governor's Office of Emergency Services for the Jessie Avenue Drainage Basin Storm Drain Improvement Project, accepting and appropriating funds for the project if awarded, and delegating signature authority to the City Manager, or designee
Report to Mayor and Councilmembers
March 22, 2022
Page: 3 of 3
Storm Drain Improvement Project, accepting and appropriating funds for the project if awarded, and delegating signature authority to the City Manager, or designee Reviewed by:
4b Greg Humora
City Manager
Attachments: A. Resolution
B. Project Concept Diagram
Respectfully submitted by:
Hamed Hashemian
Acting City Engineer
Storm
Kuhn
Water
~ Program Manager
RESOLUTION NO. 2022 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
AUTHORIZING SUBMITTAL OF A GRANT APPLICATION TO THE
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FOR THE
JESSIE AVENUE DRAINAGE BASIN STORM DRAIN IMPROVEMENT
PROJECT, ACCEPTING AND APPROPRIATING FUNDS FOR THE PROJECT,
IF AWARDED, AND DELEGATING SIGNATURE AUTHORITY TO THE CITY
MANAGER, OR DESIGNEE
WHEREAS, the City of La Mesa has a strategic goal of providing high quality municipal services to residents;
WHEREAS, City Staff has identified a grant through the California Governor's Office of Emergency Services (CAL OES) and the Federal Emergency Management Agency (FEMA) that provides reimbursement for hazard mitigation projects;
WHEREAS, the City of La Mesa's Storm Drain Master Plan identifies the location at Jessie Avenue as a candidate area for a storm drain improvement project; WHEREAS, the City of La Mesa has identified the Jessie Avenue Drainage Basin Storm Drain Improvement Project as a candidate project for the Hazard Mitigation Grant Program; and WHEREAS, the City of La Mesa wishes to delegate authorization to the City Manager or designee to execute all agreements and any amendments thereto.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the City authorizes submittal of a grant application to CAL OES for approximately $3,219,000 for the Jessie Avenue Drainage Basin Storm Drain Improvement Project.
BE IT FURTHER RESOLVED that, if a grant award is made by CAL OES and FEMA for the Jessie Avenue Drainage Basin Storm Drain Improvement Project, the City of La Mesa commits to providing approximately $804,750 in matching funds; and authorizes City of La Mesa to accept the grant funds, execute the agreement, and complete the project.
BE IT FURTHER RESOLVED that, the City, if awarded the grant, appropriates the funds for the Jessie Avenue Drainage Basin Storm Drain Improvement Project, provided however, that if the actual revenue received from the source specified should be more or less than the amount set forth herein, that the appropriations shall be adjusted to equal the amount actually received.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute all agreements and any amendments thereto with CAL OES and FEMA.
ATTACHMENT A Page 163 of 250
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 22nd day of March 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, MEGAN WEIGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2022- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
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ATTACHMENT B
CITY OF
LAMESA
JEWEL of the HILLS STAFF REPORT
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DA TE: March 22, 2022
SUBJECT: Resolution Authorizing Submittal of a Grant Application to the California Natural Resources Agency for the University Avenue Medians Storm Water Quality Project Phase 2, Accepting and Appropriating Funds for the Project if Awarded, and Delegating Signature Authority to the City Manager, or Designee.
ISSUING DEPT: Public Works
SUMMARY:
Issue:
Should the City Council adopt a Resolution authorizing submittal of a grant application to the California Natural Resources Agency (CNRA) for the University Avenue Medians Storm Water Quality Project Phase 2, accepting and appropriating funds for the project if awarded, and delegating signature authority to the City Manager, or designee? Recommendation:
The City Council adopt a resolution authorizing submittal of a grant application to the California Natural Resources Agency for the University Avenue Medians Storm Water Quality Project Phase 2, accepting and appropriating funds for the project if awarded, and delegating signature authority to the City Manager, or designee.
Fiscal Impact:
The City proposes contributing a 20% match, with a preliminary estimated match amount of $350,000. If awarded the grant, the City shall appropriate funding from existing or alternative funding sources identified by staff.
If the actual amount of the award is more or less than the amount estimated, the budget and local match shall be adjusted to equal the actual amount awarded.
City's Strategic Goals:
• Continue to improve high quality municipal services
• Revitalize neighborhoods and corridors
Climate Action Plan Reduction Strategy:
• CAP Measure W-1 Urban Water Management Plan Programs
Report to Mayor and Councilmembers
March 22, 2022
Page: 2 of 3
Environmental Review:
The California Environmental Quality Act (CEQA) shall be addressed prior to design of the project. A determination on CEQA impacts has not yet been made. An environmental checklist shall be completed and submitted as required by the grant application.
BACKGROUND:
The California Natural Resources Agency administers the Urban Greening Grant Program. The grant program is a statewide funding opportunity for the greening of urban areas, and has a total of 47.5 million dollars in total available funds.
DISCUSSION:
In 2015, the City of La Mesa was awarded funds from the State Water Resources Control Board to complete the University Avenue Medians Storm Water Quality (Phase 1) Project, which converted four large asphalt medians on University Avenue to accept and treat storm water runoff. The initial round of grant funding did not include enough funds to modify all of the medians within the corridor.
The proposed Phase 2 project design includes six medians, between Lee Avenue, and Yale Avenue. The new design will treat a smaller amount of storm water from the roadway, as compared to the Phase 1 project medians, but will keep a similar aesthetic design, based on the University Avenue Specific Plan. The project design may slightly change in the conceptual phase, depending on design constraints or cost estimates. This project will also allow the City to take credit for improving storm water quality within the impaired watershed planning areas of the City, per the existing regional watershed plans.
The Phase 1 project received positive feedback from the community, and continues to function to improve storm water quality in the University Avenue/Chollas Creek watershed area. Since the Phase 1 Project, City staff has received questions from the public about the timing of additional median improvements in this area. The Phase 2 Project takes the next step, and would address medians east of Yale Avenue. Medians west of Yale Avenue are outside the Census designated disadvantaged income area, therefore would not be applicable to receive project funding from this particular grant source but staff will continue to pursue project funding options for the last remaining median west of Yale Avenue.
The City proposes to apply for grant funding under the CNRA Urban Greening Program; with the project having a preliminary cost estimate of $1,750,000. Attachment 8 contains depictions of a typical existing median compared to proposed, as well as the conceptual design from the University Streetscape Plan.
If awarded, this grant would fund the planning, design, and construction of the proposed median Phase 2 project. The grant program does not specify a match component, however the City staff proposes a 20% match for project competition purposes. Committing zero match funds will likely reduce the scoring for the project and the chances of grant award. The City shall appropriate funding from existing or alternative funding sources identified by staff.
Report to Mayor and Councilmembers
March 22, 2022
Page: 3 of 3
CONCLUSION:
Staff recommends City Council adopt a resolution authorizing submittal of a grant application to the California Natural Resources Agency for the University Avenue Medians Storm Water Quality Project Phase 2, accepting and appropriating funds for the project if awarded, and delegating signature authority to the City Manager, or designee Reviewed by:
Greg Humora
City Manager
Attachments: A. Resolution
8. Project Concept Diagram
Respectfully submitted by:
Hamed Hashemian
Acting City Engineer
Storm Water Program Manager
E:10785 NPDES\90 Reports and Studies, Special\Urban Greening Grant 2022\SR Reso\Council Report.doc
RESOLUTION NO. 2022 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
AUTHORIZING SUBMITTAL OF A GRANT APPLICATION TO THE
CALIFORNIA NATURAL RESOURCES AGENCY FOR THE UNIVERSITY
AVENUE MEDIANS STORM WATER QUALITY PROJECT PHASE 2,
ACCEPTING AND APPROPRIATING FUNDS FOR THE PROJECT, IF
AWARDED, AND DELEGATING SIGNATURE AUTHORITY TO THE CITY
MANAGER, OR DESIGNEE
WHEREAS, City Staff has identified a grant through the California Natural Resources Agency (CNRA) that provides reimbursement for urban greening projects; WHEREAS, the City of La Mesa has identified the University Avenue Median Storm Water Quality Project Phase 2 as a candidate project for the Urban Greening Grant Program; and
WHEREAS, the City of La Mesa wishes to delegate to the City Manager or designee authorization to execute all agreements and any amendments thereto.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the City authorizes submittal of a grant application to CNRA for approximately $1,750,000 for the University Avenue Median Storm Water Quality Project Phase
2. BE IT FURTHER RESOLVED that, if a grant award is made by CNRA for the University Avenue Median Storm Water Quality Project Phase 2, the City of La Mesa commits to providing approximately $350,000 in matching funds; and authorizes City of La Mesa to accept the grant funds, execute the agreement, and complete the project.
BE IT FURTHER RESOLVED that, the City, if awarded the grant, appropriates the funds for the University Avenue Median Storm Water Quality Project Phase 2, provided however, that if the actual revenue received from the source specified should be more or less than the amount. set forth herein, that the appropriations shall be adjusted to equal the amount actually received.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute all agreements and any amendments thereto with CNRA.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 22nd day of March 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ATTACHMENT A Page 169 of 250
CERTIFICATE OF CITY CLERK
I, MEGAN WEIGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2022- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
Existing Median at Lee Avenue (Typical)
Proposed Median Style
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0 -.. ~-H,-L~_S_A _____________ ,N_ T_E_R_o _FF_1c_E_M_E_M_o_ DATE: March 22, 2022
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, City Clerk ~.,.J
VIA: Greg Humora, City Manager (9H"
Glenn Sabine, City Attorney
SUBJECT: Second Reading and Adoption of an Ordinance of the City Council of the City of La Mesa Adding a New La Mesa Municipal Code Chapter 7.30 Mandatory Organics Recycling and Edible Food Recovery; and, Amending Chapter 7.20 Refuse Collection and Chapter 7.22 Mandatory Recycling to Comply with Senate Bill No. 1383
At the Council meeting of March 8, 2022, the Council unanimously approved the introduction and first reading of the Ordinance adding a new La Mesa Municipal Code ("LMMC") Chapter 7.30 Mandatory Organics Recycling and Edible Food Recovery; and, amending Chapter 7.20 Refuse Collection and Chapter 7.22 Mandatory Recycling to comply with Senate Bill No. 1383.
Staff recommends the Council approve the second reading and adoption of the Ordinance adding Chapter 7.30 to the LMMC and amending Chapters 7.20 and 7.22 of the LMMC.
Attachment: A. Draft Ordinance
ORDINANCE NO. 2022-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA ADDING A NEW LA MESA MUNICIPAL CODE CHAPTER 7.30
MANDATORY ORGANICS RECYCLING AND EDIBLE FOOD
RECOVERY; AND, AMENDING CHAPTER 7.20 REFUSE COLLECTION
AND CHAPTER 7.22 MANDATORY RECYCLING TO COMPLY WITH
SENATE BILL NO. 1383
WHEREAS, State organics recycling law, A~sembly Bill No. 1826 of 2014 (approved by the Governor of the State of Califopi1a qn September 28, 2014, which added Chapter 12.9 (commencing with Section 42649:8) t9 Part 3 of Division 30 of the Public Resources Code, relating to solid .waste, as/ c;lmended, supplemented, superseded, and replaced from time to tin,e), · requires businesses and multi-family property owners that generate a specified threshold amount of~olid waste, recycling, and organic waste per week to arrange fofrecycling services for that waste, requires cities to implement a recycling program to divert organic waste from t>usinesses subject to the law, and requires cities to implement a mancJc1tqiy commercial organics recycling program; _:_: _. _. '-.' <,,:·;
WHEREAS, Senate Bill No.13$j,)he Short-HJed<Climate Pollutant Reduction Act (Lara, Chapter 395,Statutes of 20\E>), requfr~~ CalRecycle to develop regulations to reduce organics in lanc:Jfills c;¼Sa source of methc1.l1Et .Tbe regulations place requirements on multiple entities ihcluding cities, residentic1.l.bousehol<:1s, commercial businesses and business owners, ·commercial .. edible fobti. generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste ciisposal reductioh target~; .. " . . . - - ' . . . - - ••WI-H::;E;;, < S~pctte Biil. No. 1383( requires cities to adopt and enforce an Ordinari2e. or enforceabl~ mechanism to implement relevant provisions of Senate Bill 1383 regul~tions. This Or<:iinance\also helps reduce food insecurity by requiring commerciar edible food generators to arrange to have the maximum amount of their edible food, thatv,19uld other¼ise be disposed, be recovered for human consumption; WHEREAS, existing l~r1guage in La Mesa Municipal Code Chapter 7.20 Refuse Collection and Chapterm22 Mandatory Recycling must be amended to comply with Senate Bill No. 1383; · ·
WHEREAS, this Ordinance implements the requirements of Assembly Bill No. 1826 and Senate Bill No. 1383 Regulations; and
WHEREAS, requirements in this Ordinance comply with the City's adopted Climate Action Plan strategy, Solid Waste, which has a goal of diverting 75 percent of total solid waste generated by 2035.
NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the City Council of the City of La Mesa, California as follows:
SECTION 1: The City Council finds and determines the following:
A. That the foregoing recitals are true and correct and an integral part of the City Council's decision, and hereby adopts such recitals as findings.
B. That this action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines S~ction 15061(b)(3) because the activity is covered by the common sense exemption since it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Further, future projects affected by this Ordinance would be individually considered relative the requirementJor environmental review under CEQA. · ··
SECTION 2: A new Chapter 7.30 is ·hereby adq~d to the LaMesa Municipal Code to read as follows: · · · · · · · · ·
·,.<--_~\:>: "-. "---.·.,
"Chapter 7.30 - Mandatory Organics Recyclingan.d Edible Food Recovery . . . . - . . - Sections:
7.30.010 Purpose
7.30.020 Definitions .... . .··•·· .• .. · ..7.30.030 Single"Family Rt3sidential0Welling Occupants
7.30.040 Com111.ercial Businesses .
7.30.050 Waiversfor Generafors
7;30.U6o· Commerci~I Edibie Food Generators
7i30.070 FoodRecovery()rganizatiohs and Food Recovery Services
7.30,080 Facility Op~rations and Community Composting Operations
7.30;090 Self-Haulers .
7.30.100Model WaterEfficientlandscaping Ordinance Requirements
7.30.110 Inspections a.nd Investigations
7.30.120 Enforcement
7.30.130 Effectiy~ D9te
7.30.010 Purpose.
This chapter is intended to comply with Senate Bill No. 1383 (SB 1383), the Short-lived Climate Reduction Act of 2016, and its implementing regulations. SB 1383 Regulations place requirements on Cities, Single-Family Residential Dwellings, Commercial Businesses including Multi-Family Residential Dwellings, Commercial Edible Food Generators, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to achieve statewide Organic Waste disposal reduction targets to reduce organics in landfills as a source of methane. SB 1383 requires Cities to adopt
and enforce an enforceable mechanism, such as an Ordinance, to implement SB 1383 Regulations.
The City finds and declares:
A. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid . Waste generated in their Jurisdictions to the maximum extent f~asible before any incineration or landfill disposal of waste, to conserveJ1yater, energy, and other natural resources, and to protect the envirqn111eht.
B. State recycling law, Assembly Bill 341 of 2011 {approved by the Governor of the State of California onOctober 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926; 44004, and 50001 of, and added Sections 40004, 41734.5, and41780.01ctnd Chapter 12.8 (commencing with Section 42649)to .Part 3 of Division 30.of, and added and repealed Secb9n41780.02 of, the Public Resources Code, as amended, supplemerited/~uperseded imd replaced from time to time), places requirements 60 busine:sses and Multi-Family property owners that generate c1 specified tbr~sholcl c1mo.unt of S9lid Waste to arrange for recycling services and requires Jurisdictions t6 implement a Mandatory Commercial Recycling pmgrc:1rn/ < . .
C. State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor ofthe.Sfate 6fCaliforni1:1 on September 28, 2014, which added Chapter:12.9 (cornmencihgwith Section 42649.8) to Part 3 of Division 30 of the>Public Resqurces Code; relating to Solid Waste, as amended, supplementecl, superseded, and replaced from time to time), requires businesses and Multi.::.Family property owners that generate a specified threshold amoant of Solid Waste, Recycling, and Organic Waste per week fo arrange for recycling services for that waste, requires Jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to theJaw, and requires Jurisdictions to implement a Mandatory Commercial.Organics Recycling program.
D. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including Jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets.
----------
----------------------
E. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires Jurisdictions to adopt and enforce an Ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This Ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption.
F. This Ordinance complies with other adoptecl goals and policies of the City.
7.30.020 Definitions.
The following terms when used in this chapter shalLhc;ive the meaning assigned below unless the context clearly indicates thatadifferent meaning was intended:
(a) 'Blue Container' has the same meaning as in 14 CCRSection 18982.2(a)(5) and shall be used for the purpose of storage and coll~gtion of Source Separated Recyclable Materials or Source Separated> 13lue Container Organic Waste.
(b) 'CalRecycle' means California's p~partmentof Resources Recycling and Recovery, which is the · [)epartment designated with responsibility for developing, irnplernenting, and enforcing $§1383 Regulations on Cities (and other jurisdictions).
(c) 'CCR' means the State. of Californi~ Code of Regulations. CCR references in .this Chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., '14 CCR' refers to Title 14 of CCR). California Code of · Regulations or CCRreferences include the statutory language as it exists on the effective date of this Chapter and as amended from time to time. (d) 'Conimercial' or 'Commercial Business' means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether forprofit ornonprofit,<strip mall, industrial facility, or a Multi-Family Residential Dwelling. Aresiqential dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this Chapter. (e) 'Commercial Edible Food Generator' means a Tier One or a Tier Two Commercial Edible Food Generator. Commercial Edible Food Generator does not include Food Recovery Organizations and Food Recovery Services.
(f) 'Compliance Review' means a review of records by the City to determine compliance with this Chapter.
(g)
(h)
(i)
U)
(k)
(I)
(m)
(n)
(o)
'Community Composting' means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
'Compost' has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this Chapter, that 'Compost' means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated .. from·• the municipal Solid Waste stream, or which are separated at a centralized facility. 'Contaminated Container' means cl container, regardless of color, that contains Prohibited Container yQntaminants. Contaminated Container has the same meaning as in 14 CCRSection 18982(a)(55) if otherwise defined in that section. ·
-- -· --
'C&D' means construction and demolition debris. -:_· - ·:· --- _-., './ 'Designee' means an••entity that the City contracts with, or otherwise arranges with, to carry out any Of the City's responsibilities as authorized in 14 CCR Section 18981.2. ADesigneemay be~ government entity, a hauler, a private ~ntity,ora combination ofthOsE3 entities. - . . . . - - - - -._. ,:-
'Edible F◊qq' means fgod intend~c;i for human consumption. For purposes of this Chapter,·Edibl~ food is ntjf Solid Waste if it is recovered and not disc.arcJed. Nothing i~ thjs .Ghapte(requires or authorizes the recovery of Edible Food thaf cJoes not 111E3etthe food safety requirements of the California R. etail Food Code. E:dibl.e Food has the same meaning as in 14 CCR Section 18982(a)(18) if otherwise defined in that section. 'Enforcement Action' means an action of the City to address non-compliance withthis Chapter including, but not limited to, issuing administrative citations, fines, peni:llties, or using other remedies including Civil and Criminal Courts. 'EnforcementOffiCial' means the City Manager, or other executive in charge or their authorized Designee(s) who is/are partially or whole responsible for enforcing the Ordinance.
'Excluded Waste' means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law,
regulation, or Ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class Ill landfills or accepted at the facility by permit conditions, waste that in the City's, or its Designee's, reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its Designee, to potential liability.
(p) 'Food Distributor' means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores. Food Distributor has the same meaning as in 14 CCR Section 18982(a)(22) if otherwise defined in that section.
(q) 'Food Facility' has the same meaning asin Section 113789 of the Health and Safety Code.
(r) 'Food Recovery' means actions fo collect and distribute food for human consumption that otherwise would be disposed. Food. Recovery has the same meaning as in 14 CCR Section 1898?(c1)(24) if other:wise defined in that section. · · ·
(s) 'Food Recovery Organization' means an entity that engages in the collection or receipt of Edible Food.from GommerciaLEdible Food Generators and distributes that Edible Foodto the>public for Food Hecovery either directly or through 0U1ere11tities includi11g, but.not limited to:(i) a food bank as defined in Secticm 113783<ofthe Health and Safety Code; (ii) a nonprofit charitable organization as defined in Section 113841 ofthe Health and Safety Code; or (iii) a nonpr9fit charitc1ble temporary food facility as defined in Section 11$842 of the Health and Safety Cocle. Food Recovery Organization has the same foeaning as Jn Section 14 CCR Section 18982(a)(24) if otherwise defined irrthat section. Pursuaritto 14 CCR Section 18982(a)(7), Food Recovery Orcianization does not include a Commercial Edible Food Generator. ·. ·
(t) 'Fo()d Recovery Service' means a person or entity that collects and transport~ Edible Food from a Commercial Edible Food Generator to a Food Recover{Orgax1ization or other entities for Food Recovery. Food Recovery Service has the same meaning as in 14 CCR Section 18982(a)(26) if otherwise defined in that section. Pursuant to 14 CCR Section 18982(a)(7), Food Recovery Service does not include a Commercial Edible Food Generator.
(u) 'Food Scraps' means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.
(v)
(w)
(x)
(y)
(z)
(aa)
(bb)
(cc)
(dd)
'Food Service Provider' means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these organizations. Food Service Provider has the same meaning as in 14 CCR Section 18982(a)(27) if otherwise defined in that section.
'Food-Soiled Paper' is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper towels, napkins, and pizza boxes.
'Franchisee' means any solid waste collector or recycling agent authorized by the City Council, pursuant to the provisions of this code, to collect and dispose of solid waste.
'Gray Container' has the same meaning as in. 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste. ·
'Gray Container Wastt3' . means Solid W9ste that is collected in a Gray Container that is part of <cl thrE3E3-container Organic Waste collection service that prohibits the place111E3nt of Qrganic Waste in the Gray Container as specified in 14 CCR Sectidl"ls 18984ct(a) and (b}i or as otherwise defined in 14 CCR Section 17402(a)(6.5}, ·
'Green Container' has the s~rne meaning as in 14 CCR Section 18982.2(a)(29) and shall be used.for the purpose of storage and collection of SourceSeparated~reenContainecOrganic Waste.
'Grocery Store' meansa store primarily engaged in the retail sale of canned food, dry goods, fresh>fruits and vegetables, fresh meats, fish, and poultry, and any area that is notseparately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments. Grocery Store has the same meaning as in 14 CCR Section 18982(a)(30) if otherwise defined in that section.
'Hauler Route' rneans the waste hauler's designated itinerary or sequence of stops for each segment of City's collection service area. Hauler Route has the same meaning as in 14 CCR Section 18982( a)(31. 5) if otherwise defined in that section.
'High Diversion Organic Waste Processing Facility' means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5( d) and that meets or exceeds an annual average mixed waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14
CCR Section 18815.5(e) for Organic Waste received from the 'Mixed Waste Organic Collection Stream' as defined in 14 CCR Section 17402(a)(11.5).
High Diversion Organic Waste Processing Facility has the same meaning as in 14 CCR Section 18982(a)(33) if otherwise defined in that section. (ee) 'Inspection' means a site visit where the City reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
(ff) 'Large Event' means an event, that servesan average of more than 5,000 individuals per day of operation of the event, or is operated by a local agency, at a location that includes,butis not limited to, a public, nonprofit, or privately owned park, parking lot; golf course, street system, or other open space when being used for an.event.
(gg) 'Large Venue' means a permanent venue ·facility that annually seats or serves an average of more than 2,00Qindividuals within the grounds of the facility per day of operation of the ver1ue.:facility. A permanent venue facility includes, but is not lirnileid to, a publlc, nonprofit, or privately owned or operated stadium, amphitheater,arena, hall, ~n,usement park, conference or civic center, z90, aquarium, airport, racetrack/horse track, performing arts center, fairgr9und; .museum, theaterJor other public attraction facility. A site under common -ownership or c9ritrol that includes more than one Large Venue that is contigiJous with other Large Venues in the site, is a single Large Veriue.) .. arge Venue has the same meaning as in 14 CCR Section _ 18982(a)(39) ltotherwise c:iefined in that section.
- - -
(hh) _ 'Local Education Agency' means a school district, charter school, or county office of education that is not subject to the control of City or County regulations related to Solid Waste. Local Education Agency has the same meaning as in · 14 CCR· Section 18982(a)(40) if otherwise defined in that section,
(ii) 'Metal' means recoverable aluminum, tin, and bi-metal materials such as used beverage containers, siding and other recyclable manufactured metal items.
OD 'Multi-Family Residential Dwelling' means a building or portion thereof used exclusively for residential purposes with five (5) or more dwelling units. Multi-- Family Residential Dwelling does not include hotels, boardinghouses or other transient occupancy facilities that are considered Commercial Businesses.
(kk) 'MWELO' refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.
(II) 'Newspaper' means materials printed on newsprint.
(mm) 'Non-Compostable Paper' includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
(nn)
(oo)
(pp)
(qq)
'Non-Organic Recyclables' means non-putrescible and non-hazardous recyclable wastes including but not limited tcLbottles, cans, metals, plastics and glass, or as otherwise defined in 14 GCRSection 18982(a)(43). 'Notice of Violation (NOV)' means a notice thata violation has occurred that includes a compliance date to avpid an actiorrto seek penalties, or as otherwise defined in 14 CCR Sectjoh 18982(a)(45) or further explained in 14 CCR Section 18995.4.
'Office paper' means waste paper grades of white and colored ledgers.
Examples include forrns;>GOPY paper,· stationery, and other papers that are generally associated withdesk clctivity.
'Organic Waf3te' means Splid Wastes containing material originated from living organisms and their metc1bolic wa,ste products, including but not limited to food; green materjal, lands¢c1pe and pruni11g waste, organic textiles and carpets, lumber, wood, Paper Pfoducts, Printing and Writing Paper, manure, biosolids, digestate, anci sludges dr: as otherwise defined in 14 CCR Section 189$2(a)(46). BiosoHds and digesfate are as defined by 14 CCR Section l8982(a)'.., . ..
.. .
'Organic Waste Generator' means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
(ss) 'Paper Products' include, but are not limited to, paper janitorial supplies, cartons,· wrapping;packaging, file folders, hanging files, corrugated boxes, tissue, and> toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
(tt) 'Plastic beverage bottles' means plastic containers with narrow necks, or mouth openings smaller than the diameter of the container bottles used for containing milk, juice, soft drinks, or water intended for human consumption; to be distinguished from nonfood bottles such as those for containing motor oil, detergent, or other household products.
(uu) 'Printing and Writing Papers' include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, office paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
(vv) 'Prohibited Container Contaminants' means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials; (ii)di?carded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste; (iii) discard.ed materials placed in the Gray Container that are acceptable Source $epc\rc1ted Recyclable Materials or Source Separated Green ContainecOfganic Wclstes; (iv) Excluded Waste placed in any container; and (v) Plastic, biodegradable and compostable bags are not identified as acceptable in the Blue Container for Source Separated Recyclable Materials and the Green Container for Source Separated Organics Materials.
(ww) 'Recovery' means any activity or process described in 14 >CCR Section 18983.1 (b). Recovery< >has Jhe same meqning as in 14 CCR Section 18982(a)(49) if otherwise defined.
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'Recycling' hasthe same meaning c:1s s§t forth in Public Resources Code Section 40180, as itmay be amended from tin,e to time. ,- ____ , ___ -, ,_ ,-·, 'Remote MorJitoring':means the use of the internet of things (loT) and/or wireless elettroniG >devices Jo visualize the contents of Blue Containers, Green .Container$, and · Gray> Containers for purposes of identifying the quantity· of 111aterials:in containers (level of fill) and/or presence of Prohibited Container Contaminc:1nts,
'Responsible Party' means both the person or party who is in immediate controLof the premises, activity or operation, and the property owner where the violation is located.
'Restaurant' me9ns an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption. Restaurant has the same meaning as in 14 CCR Section 18982(a)(64) if otherwise defined in that section.
'Route Review' means a visual inspection of containers along a Hauler Route for the purpose of determining Contaminated Containers and that may include mechanical inspection methods such as the use of cameras. Route Review has the same meaning as in 14 CCR Section 18982(a)(65) if otherwise defined in that section.
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'SB 1383' means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 ( commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended from time to time.
'SB 1383 Regulations' means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by California's Department of Resources Recycling and Recovery and adopted in 2020 that created Title 14 of the State of California Code of Regulations, Division 7, Chapter 12 and amended portions of Chapter 14 a.nd Chapter 27 of the State of California Code of Regulations.
'Self-Hauler' means a person Who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person, or a person who back-hauls those inaterials. BacK-.haul has the same meaning as in 14 CCR Section 18982(a)(66)(A). Self-HaUlerhas the same meaning as in 14 CCR Section 18982(a)(66)ifotherwise defined in that section. 'Single-Family Residential Dwelling'me.ans a building or portion thereof used exclusively for residential purposes With fewer than five (5) units. SingleFamily R¢sidential Dwelling doe$ not include hotels, boardinghouses, or other transient occupancy facilities that are considered Commercial Businesses.·· · · · ·
'Solid waste' haSthe same meaning as defined in State Public Resources Code Section 4019J, which defjhes Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, re.fuse, paper, nJbbish, •ashes, industrial wastes, demolition and construction wastes, abandone.d vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is. nqt hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception thatS91id Waste does not include any of the following wastes: (i) Hazardous waste, as defined in the State Public Resources Code Section 40141; (ii) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code); (iii) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 ( commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1.
Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code. (hhh) 'Source Separated' means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise. defined in 14 CCR Section 17402.5(b)(4). For the purposes of the Chapter, Source Separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or-property manager's employee into different containers for the purpose of collection sLJch that Source Separated materials are separated from Gray Container Waste/Mixed Waste or other Solid Waste for the purposes of collection and processi11g. (iii) 'Source Separated Blue Container Organic Waste' means Source Separated Organic Wastes that can be placed in a, Blµe Container thakis limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43),orasotherwise defined by Section 17402(a)(18.7).
Gjj) 'Source Separated Greet} Contafner. Organic . Waste' means Source Separated Orgariic Waste that can b,e placed in a Green Container that is specifically intended for the sepc:3rate collect.ion of Organic Waste by the generator, excluding · Source S:eparated Blue Container Organic Waste, carpets, Non.;,Compostable Paper, a.nd textiles.
(kkk) 'Stat~f.means the State of California.
(Ill) 'Supermarket'>rneans a full-line, self-service retail store with gross annual sal.es of two mil.lion dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.
Superrn;:irket has.the same meaning as in 14 CCR Section 18982(a)(71) if otherwise defined inJhat section.
(mmm) 'Tier One Coillmercial Edible Food Generator' means a Commercial Edible Food Generafor that is one of the following: (i) Supermarket; (ii) Grocery Store with a total facility size equal to or greater than 10,000 square feet; (iii) Food Service Provider; (iv) Food Distributor; or (v) Wholesale Food Vendor.
Tier One Commercial Edible Food Generator has the same meaning as in 14 CCR Section 18982(a)(73) if otherwise defined in that section. (nnn) 'Tier Two Commercial Edible Food Generator' means a Commercial Edible Food Generator that is one of the following: (i) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet; (ii)
hotel with an on-site Food Facility and 200 or more rooms; (iii) health facility with an on-site Food Facility and 100 or more beds; (iv) Large Venue; (v) Large Event; (vi) a state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; or (vii) a Local Education Agency facility with an on-site Food Facility. Tier Two Commercial Edible Food Generator has the same meaning as in 14 CCR Section 18982(a)(74) if otherwise defined in that section. (ooo) 'Wholesale Food Vendor' means a business or establishment engaged in the merchant wholesale distribution of food, where food, including fruits and vegetables, is received, shipped, stored( prepared for distribution to a retailer, warehouse, distributor, or other de.stination. Wholesale Food Vendor has the same meaning as in 14 CCR SecUon 189852(a)(76) if otherwise defined in that section.
7.30.030 Single-Family ResidentialOwelling Occupants.
Single-Family Residential Dwelling Occupants (Multi-Family Residential Dwellings are considered Commercial Businesses) are subject to the following requirements:
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A. Single-Family Residential DWelHngs shall be automatically enrolled in City's Organic Waste collection . ~ervices >\/\/ith a minimum Source SeparatEld Recyclable Materials (~lue Container) service level of 35 gallorisper weel<pElr dwelling .uhit, and with c1 minimum Source Separated Green Containe{Qrganic Waste (Green Container) service level of 35 gallons pE:lr week p~r dwelling unit. City, acting through its City Manager, shall have the.authority to change the minimum required Blue Container and Green Cqhtainer s~rvice levels over time. The Single-Family Residential Dwelling's Blue Container and Green Container service levels must be sufficient>for the amount of Source Separated Recyclable Materials ancl Source Separated Green Container Organic Waste generated by thEl Single-Family Residential Dwelling. City shall have the right to review the number, size, and location of a generator's Blue and Green Containers to evaluate adequacy of capacity for each type of collection service for proper separation of materials and containment of materials. Single-Family Residential Dwelling Occupants shall adjust their Blue and Green Container service levels as requested by the City.
B. Single-Family Residential Dwelling Occupants shall participate in the City's three-container (Blue Container, Green Container, and Gray Container) collection service by placing designated materials in designated containers as follows:
1. Single-Family Residential Dwelling Occupants shall place Source Separated Green Container Organic Waste in the Green Container;
2. Single-Family Residential Dwelling Occupants shall place Source Separated Recyclable Materials in the Blue Container; and
3. Single-Family Residential Dwelling Occupants shall place Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.
C. Nothing in this section prohibits Single-Family Residential Dwelling Occupants from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
7.30.040 Commercial Businesses.
Commercial Businesses (Including . Multi-Family Residential Dwellings) are subject to the following requirements:
A. Subscribe to City's .three-container <c9Uection services and comply with requirements of those servic~s as d~sbribed below in Section 7.30.040 (B), except Comnierc.ial · Businesses tl)at meet the Self-Hauler requireme11t$ in Section. 7.30.090 of this Chapter. The City shall have the right tor~vi~W the number, size1 and lc:>cation Of a generator's containers and fr~quency of.collection to evaluate adequacy of capacity provided for each type of coll~ction service for proper separation of materials and containment of materials; and, Commercial Businesses shall adjust their service levelforJh~ir collection services as requested by the City. ' -, .. ''. . ..
B. ExceptforJhose that meefthe $elf-Hauler requirements of this chapter, Commercial ~usiness~s shall participate in and comply with City's threecontainer (Blue Contai11er, Green Container, and Gray Container) collection service by <placing designated materials in designated containers as follows:
1. Commercial Businesses shall place Source Separated Green Container Organic Waste in the Green Container;
2. Commercial Businesses shall place Source Separated Recyclable Materials in the Blue Container; and
3. Commercial Businesses shall place Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.
C. Commercial Businesses shall supply and allow access to an adequate number, size, and location of collection containers with sufficient labels or colors (conforming with Sections 7.30.040(0)(1) and (0)(2) below), for use by employees, contractors, tenants, and customers, consistent with City's Blue Container, Green Container, and Gray Container collection service, or if self-hauling, per the Commercial Businesses' instructions to support its compliance with its self-haul program, in accordance with Section
7.30.090.
D. Commercial Businesses, excluding Multi-::Family Residential Dwellings, shall provide containers for the collection bf Source Separated Green Container Organic Waste and Source S~parated Recyclable Materials in all areas where disposal containersc1re prqvided for customers, except for restrooms. If a Commercial Business does .not generate any of the materials that would be collected in one type>of container, then it is not required to provide that contijiner type. Pursuant.to 14 CCR Section 18984.9(b), the containers provicled by Commercial Businesses shall have at least one of the following char~9teristics:
1. A body or I.id that conforms with the container colors provided through the coll~ction.service provided by the City. A Commercial Business is not. requirecl to replace non-compliant functional containers purchased prior fo)anuary 1, 2022 until the end of their usefulJife, or January 1, 20~6;\1vt"lighever comes first. - <· .- ',', '. , "-'. •,·· .-
2. Container lab.els that inplude language or graphic images, or both, indic.ating the primary materials accepted and the primary materials prohibited in th~t container, or containers with imprinted text or graphic images that indicate the primary materials accepted and · prinJary materials prohibited in the container.
E. Commercial Businesses, excluding Multi-Family Residential Dwellings, shall prohibit employees from placing materials in a container not designated for those materials consistent with City's Blue Container, Green. Container, and Gray Container collection service.
F. Commercial<Husinesses, excluding Multi-Family Residential Dwellings, shall periodically inspect Blue Containers, Green Containers, and Gray Containers for Prohibited Container Contaminants, inform employees if contamination is found, and if so, of the required material sorting procedures.
G. Commercial Businesses shall annually provide information to employees, contractors, tenants, and customers that describes Organic Waste Recovery requirements and proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials.
H. Commercial Businesses shall provide educational information to new tenants within fourteen (14) days of their occupation of the premises that describes the requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste, and that the location of containers and the rules governing their use on the premises.
I. Commercial Businesses shall provide, or arrange for, access to their premises for the City, or its Designee, duriQg inspections conducted in accordance with Section 7.30.110 to confirm compliance with the requirements of this chapter.
J. If applicable, Commercial Businesses shall acc;:ommodate and cooperate with City's Remote Monitoring program for inspec:tion of the contents of containers for Prohibited Container Contaminflnts, which may be implemented at a later date; to evaluate generafor1s compliance with Section 7.30.040(8). The Remote Monitc:>ring program shall involve installation of Remote Monitoring equipmihf on or in the B.lue Containers, Green Containers, ariq Gray Containefs: . . .
K. A Commercial Business may, at its option; and subject to any approval required fr,0.111 the City,< implement a Rerr\C>te Monitoring program, if applical:>le,tor inspection.of the coptents ofits Blue Containers, Green Containers, and C3ray Containers · for >the purpose of monitoring the contents Qf contairlers to determine appropriate levels of service and to identify·. Prohibited .Qontainer Contaminants. Generators may install Remote Mqhitqring deyices on or in the Blue Containers, Green Oontaine.rs, · and <Gray Ccmtainers subject to written notification to or approval by the City or its Designee.
L If a Commercial Business wants to self-haul, it must meet the Self-Hauler requirements ih Section T30.090.
M. Nothing in this chapter prohibits a Commercial Business from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site.
N. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 7.30.060.
7.30.050 Waivers for Generators.
A. De Minimis Waivers. The City may waive a Commercial Business' obligation (including Multi-Family Residential Dwellings) to comply with
some or all of the Organic Waste requirements of this Chapter if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 7.30.050.A.1 below. Commercial Businesses requesting a de minimis waiver shall:
1. Submit an application specifying the services that they are requesting a waiver from and provide document as noted in Section 7.30.050.A.1 below.
2. Provide documentation that either:
a. The Commercial Business' tota!Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Green Container comprises less than 20 gallons per week.per applicable container of the business' total waste; or, · ·
b. The Commercial Business' total.Solid Waste collection service is less than two cubic y~rds per week and Organic Waste subject to Gollection in a Gre~n Container comprises less than 1 O gallons per week per applicable container of the business' total waste. · · · ·
2. Ne>tify the City if any circufnsM~ces> change such that Commercial Business's Organic Waste•exceeds thresholds required for waiver, in which.ca~e waiver will be rescinded.
3. Provide written verification of eligibility for de minimis waiver every 5 years, if the Cityihas appfoved de minim is waiver.
B .. Review and Approval of Waivers by City. The City Manager or the City M,mager's designee shal( be responsible for review and determination of anywaiver submitted to the City for approval.
7.30.060 CommercialEdible Food Generators.
A. Pursuant to 14 CCR Section 18991.3, Tier One Commercial Edible Food Generators must comply with the requirements of Section 7.30.060 commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024.
B. Large Venue or Large Event operators not providing food services, but that allow food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of Section 7.30.060.C, commencing January 1, 2024.
C. Commercial Edible Food Generators shall comply with all of the following:
1. Shall arrange to recover the maximum amount of Edible Food that would otherwise be disposed. A Commercial Edible Food
Generator shall comply with the requirements of this section through a contract or written agreement with any of the following:
a. Food Recovery Organizations or Food Recovery Services that will collect their Edible Food for Food Recovery.
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b. Food Recovery Organizatio11s that will accept the Edible Food that the Commerci~I Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
2. Shall not intentionally $pail Edible Food thcit is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. ·
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3. Pursuant to 14CCR Section18991.4, shall maintain a record that includes the following information:
a. A list of each Food .gecovery S~rvice or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section
18991;3(b).
b. A copy of all contracts or written agreements established under 14 CCRS~ction 18991.3(b).
c; A record of the following information for each of those Food Recovery Services or Food Recovery Organizations that the Cpmmercial Edible Food Generator has a contract or written agreement with:
L The name, address and contact information of the
Food Recovery Service or Food Recovery
Organization.
ii. The types of food that will be collected by or selfhauled to the Food Recovery Service or Food Recovery Organization.
iii. The established frequency that food will be collected or self-hauled.
iv. The quantity of food, measured in pounds recovered
per month, collected or self-hauled to a Food
Recovery Service or Food Recovery Organization for
Food Recovery.
4. Pursuant to 14 CCR Section 18995.1 (a)(2), shall allow City Enforcement Officials or Designee access to the premises to ensure compliance with this chapter, including the record keeping requirements in Section 7.30.060.C.3.
D. Commercial Edible Food Generators shall provide the City or Designee with an annual written Food Recovery report that includes the information described in Section 7.30.060.C.3, asJollows:
1. By August 1, 2022, Tier One Commercial Edible Food Generators must provide an initial written annual report for the period of January 1, 2022, through June 30, 2022. Beginning in year 2023, and every year thereafter, Tier Qr1e Commercial Edible Food Generators must provide written annual reports by March 1 for the period covering the entire prevk)us calendar year.
2. Beginning in year 2025; and every year thereafter, Tier Two Commercial Edible Food Generators mµst provide written annual repoti:s by March 1 _ for the period covering the entire previous calendarye9r.
E. Nothing< in this section shall be construed to limit or conflict with the protections proyided>by the California Good Samaritan Food Donation Act of 2017, theFeqeral Good Samaritan Act, or share table and school food donation guidance pursuanfto Senate Bill 557 of 2017, as amended from time to time. -
7.30.070 Food Recovery Organizations and Food Recovery Services. -- - A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators through a contract or written agreement shall maintain the following records:
1. The name, address, and contact information for each Commercial Edible Food Generator from which the Food Recovery Service collects Edible Food.
2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators through a contract or written agreement shall maintain the following records:
1. The name, address, and contact. information for each Commercial Edible Food Generator from which· th~ organization receives Edible Food.
2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
3. The name, addr~ss, and contaqt i11forr:nation for each Food Recovery Service that the or~~nization recei.ves Edible Food from for Food Recovery.
C. Food Recovery Organizations and Fo9d Recovery Services that are located in the City. aqd contract with qr haye yvritten agreements with Commercial Edible Fooc:f Generatqrs shall.annually report to City or Designee the total pounds of Edible Food they repovered from Commercial Edible Food Generators, asfollows:
1, ByAugu~t {; 2022:} oe>d Recovery Organizations and Food Recovery Services musf provide ari initial written annual report for the period of January 1 2022, through June 30, 2022 . ..
2. Beginning in year<io23, and every year thereafter, Food Recovery Organizations< and Food Recovery Services must provide written annual report$ by March 1 for the period covering the entire previous calendc:1r year.
D. Food Recovery Services and Food Recovery Organizations operating in the geographic boundaries of the City shall provide information upon City's or Designee's request regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization shall respond to City's or Designee's request for information within 60 calendar days, unless a shorter timeframe is otherwise specified by City or Designee.
7.30.080 Facility Operations and Community Composting Operations.
A. The Franchisee providing residential, Commercial, or industrial Organic Waste collection services to generators within the City's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect Organic Waste:
1. Through written notice to the City annually on or before January 31, identify the facilities to which they wjll transport Organic Waste, including facilities for Source Separated Recyclable Materials and Source Separated Green Contc1inerQrganic Waste.
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2. Transport Source Separated · RecyC@ble Materials and Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
3. Obtain approval from the City to haul Organic Waste, unless it is transporting S6urce Separate:cl Organic Waste to a Community Composting sit~< or lc1wfully transporting C&D in a manner that complies with 14CCR Section 189$9.1 and the City's Construction and Demolition Debris Diversion Deposit Program Ordinance (Chaptl3r14.27). ·· ·· ·
B. Franchisee's authorization to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contc:1minatiori monitoring, reporting, and other requirements contained withinJts franchise agreement, entered into with City.
C. Owners offc:1cilities, operations, and activities that recover Organic Waste, ·. including, but not limited to, Compost facilities, in-vessel digestion :facilities, and publicly-owned treatment works, upon City's or Designee's request, shall provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including informatk>n . apout throughput and permitted capacity necessary for planning purposes. Entities contacted by City or Designee shall respond within 60 calendar days, unless a shorter timeframe is otherwise specified by City or Designee.
D. Community Composting operators, upon City's or Designee's request, shall provide information relating to Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation.
Entities contacted by City or Designee shall respond within 60 calendar
days, unless a shorter timeframe is otherwise specified by City or Designee.
7.30.090 Self-Haulers.
A. Self-Haulers shall comply with the following source separation and waste processing requirements:
1. Self-Hauler shall haul comingled wastes that they generate, including Organic Waste, to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3; or
2. Self-Hauler shall Source Separate all recyclable materials and Organic Waste that is pccepted in City's Organic Waste and recycling collection program, which is generated on-site, from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2.
a. Self-haLJler shall hau.Ltheir Source Separated Recyclable Materialsto.a facility thatrecovers those materials; and b. Self-hauler shall haul theit . Source Separated Green Container Organic \1\/aste to a $otid Waste facility, operation, activity, or pr9perty that processes or recovers Source Separated Organic Waste, or to a High Diversion Organic Waste Processing Facility .
. R Self-:Haulersthat.meet t.he requirements of Section 7.30.090(A)(2) must still comply witb La Mesc1 Municipal Code Section 7.20 for the management of Gmy Container Waste.
C;. Self-Haulers that ate Commercial Businesses, including Multi-Family Residential Dwellings, sha.11 keep a record of the amount of Organic Waste delivered to eacll.Solid Waste facility, operation, activity, property, or High Diversion Organic Waste Processing Facility that processes or recovers Organic Waste. This record shall be subject to inspection by City or Designee. The records shall include the following information:
1. Delivery receipts and weight tickets from the entity accepting the waste. Notwithstanding the foregoing, if the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of waste received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
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2. The amount of material in cubic yards or tons transported by the generator to each entity.
D. A Single-Family Residential Dwelling Organic Waste Generator that self hauls Organic Waste is not required to record or report information in Section 7.30.090(C).
7 .30.100 Model Water Efficient Landscaping Ordinance Requirements.
A. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the Jurisdiction, who ate constructing a new (SingleFamily, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492,6(a)(3)(B) (C), (0), and (G) of the MWELO, including sections related to use of Compost and mulch as delineated in this Section 7.30.100 of this Chapter.
B. The following Compost and mulch us'.e requirements that are part of the MWELO are now also iocluded as requirements of this Chapter. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7. ·•·
C. Property owners .or their building or landscape designers that meet the thresholclJor MWELO complianceoutlined in Section 14(a) above shall:
1.. Comply \t\fith $ec:;tions 492.6 (a)(3)(B)(C),(D) and (G) of the <>MWELO, Which requires the submittal of a landscape design plan with a soil preparation, rnulch, and amendments section to include the following!
a. For landscape installations, Compost at a rate of a
minimum of four cubic yards per 1,000 square feet of
permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.
b. For landscape installations, a minimum three- (3-) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape
area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
c. Organic mulch materials made from recycled or postconsumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled postconsumer organic products are not locally available.
Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.
2. If, after the adoption of this Ordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWWELO September 15, 2015 requirements in a manner that requires Jurisdictions t9 incorporate the requir~ments of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the rE3vised requirernents of 23 CCR, Divisi.on 2, Chapter
2.7 shall be ~nforced. . . ··.
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7.30.110 Inspections and lnvestiga'tions.
A. City Enforcement Officials or Designee c1re authorized to conduct Route Reviews, waste• >evaluation~, c::md compliance reviews, as well as inspections and investigations· of collection containers, equipment, facilities, activities.; and properties subject to this chapter at reasonable times and in a reasonable mariner to carry out the purposes of this chapter:; If entry for an ihspection is refused by an owner, occupant, or agent, arijqspection warrant shall be obtained prior to inspection. For the purposes of inspecting Commercial Business containers for compliance with Section].30.040(B) of this Chapter, City may, at its option, and if .· applicable, conduct container Inspections for Prohibited Container Contaminants Ll~ing Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring pursuant to Sectiop 7.30.04-0(K) of this Chapter.
B. City or Designee shall receive written complaints from persons, including anonymous complaints, regarding Commercial Edible Food Generators, Food Recovery Services, or Food Recovery Organizations that may be non-compliant with this chapter.
7.30.120 Enforcement.
A. Violation of any provIsIon of this Chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the City's
Enforcement Official or representative. Enforcement Actions under this Chapter are issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Chapter and any rule or regulation adopted pursuant to this Chapter, except as otherwise indicated in this Chapter.
B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction; The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumLJlative size of violations exist such that court action is a reaso11able use of City staff and resources.
C. Notice of violations shall be issued by an Enforcement Official to the Responsible Party by personal service, by mail, or posting of property in accordance with La fvlesa MunicipaLCodeGhapter 1.07.040. The notice of violation shall include the following information:
1. The name of the person(s) responsible for committing the violation(s);
2:Jhe date of the violation(s);
3. The<~treeLacldress or a definite description of the location where the violation occurred;
4. The cod~>sedion(s) violated;
5. A description of the violation;
6, An order prohibiting the continuation or repeated occurrence of the describedviolation(s);
7. The amount of the administrative fine for the violation(s);
8. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;
9. A description of the administrative citation appeal process, including the time within which an appeal must be filed;
10.A description of the process by which the city may collect any unpaid fines;
11.A description of the potential consequences should the violator continue or repeat the violation; and
12. The name and signature of the code compliance officer or other authorized agent who issued the administrative citation (the "citing officer").
D. Absent compliance by the respondent within the deadline set forth in a notice of violation, a Responsible Party is subject to an administrative citation and fine, as follows:
1. Pursuant to 14 CCR Section 18997.2, City shall issue administrative citations a.nd Jines to Commercial Edible Food Generators, Food Recovery Services and Food Recovery
Organizations that remain non-compliant with this chapter despite issuance of a notice ofviolation.
2. City has dis_cretion to issl.le cidajinistrative citatio.ns and fines against any other entities that/remain non-compliant with this chapter despite issuance of a nbtice of violation.
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3. Adrriinistrative citations shaU J;ie issu~d by an Enforcement Official in accordance with Chapter 1.07 of the La Mesa Municipal Code.
E. The following administrative fine amounts for administrative citations for violations -of this <chclpter are in accordance of the La Mesa Municipal (}odE3 Chapter t,07:020 as follows: _
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Artadministrative fine in an amount not to exceed two hundred dollars for the first violation;
2. An administrative fine in an amount not to exceed four hundred dollars fo( the second violation of the same provision within a twelve-111p11th period commencing on the date of the first violation; and --- ---
3. An administrative fine in an amount not to exceed one thousand dollars for the third and any subsequent violation of the same provision within a twelve-month period commencing on the date of the first violation.
7.30.130 Effective Date.
This chapter shall be effective beginning on April 21, 2022."
SECTION 3: The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to Section 15308 of the CEQA Guidelines because it is an activity undertaken "to assure the maintenance, restoration, enhancement and protection of the environment" and pursuant to Section 15061 (b)(3) because there is no possibility that the activity in question may have a significant effect on the environment.
SECTION 4: Severability. If any section, subsection, subdivision, paragraph, sentence, clause, phrase or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portior)s of this Ordinance. The City Council hereby declares that it would have adoptecJ<this Ordinance and each section, subsection, subdivision, paragraph, sentence, clause, phrase and portion of this Ordinance irrespective of the fact that one or more, sections; subsections, subdivisions, paragraphs, sentences, clauses, phrases or portions thereof rnay be declared invalid or unconstitutional to this end, the provisions of this Ordinance are declared severable.
SECTION 5: La Mesa Municipal Code Section 7.20.010 - Defiriitions is hereby amended as follows:
(b) '"Container' means gray containers, blue containers, and green containers used or intended to be used for thE}pqrpose of holding refuse or garbage. ·,·.· -· .·
(c) 'Bin' means a metal or plastic; qbntainer constructed to accommodate the equipment used by the contractor for mechanical dumping. (d) 'ReLJ~able containers' means gray .. containers, blue containers, and green .. contaihE;lrs made; of either metal or plastic and its interior surface shall be smooth and shall have no interior projections which interfere with its emptying; and nothing shall be attached to the outside of the container other than the handles. The top diameter of the container shall be in no · case less than any diameter of the container below the top. (f) 'Garbage' meahs solid waste.
(g) 'Refuse' means cast off materials, including glass, cans, bottles, rags, ashes, trimmings from lawns, shrubbery and trees, leaves, food scraps, food-soiled paper, organic waste, paper, cardboard, wood, bedding, crockery, or the materials from the demolition, alteration or construction of structures, and similar waste materials, except sewage. (i) 'Blue Container' has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection
of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste.
U) 'Commercial Business' means a firm, partnership, proprietorship, jointstock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a Multi-Family Residential Dwelling. A residential dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this Chapter. (k) 'Food Scraps' means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from ot.her Food Scraps. (I) 'Food-Soiled Paper' is comppstaole paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper towels, napkins, and pizza boxes.
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(m)'Gray Container Wa.ste' means Solid Waste that is collected in a Gray Container that is .part .Qf a three.:.container Organic Waste collection service that prohibits the> placement of Organic Waste in the Gray Container as specified in14.CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 (}CR Secti9n 17402(a)(6.5).
(n) 'Gray Container' has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray ContainerVVaste. ·
(o) 'Green Container' has the same meaning as in 14 CCR Section 18982.2(a)(29) and .shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.
(p) 'Multi-Family Residentic:tl Dwelling' means a building or portion thereof used exclusivelyJor residential purposes with five (5) or more dwelling units. Multi-Family Residential Dwelling does not include hotels, boardinghpuses or other transient occupancy facilities that are considered Commercial ~usinesses.
(q) 'Organic Waste' means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). Organic waste is defined and regulated according to Chapter 7.30 of the La Mesa Municipal Code.
(r) 'Self-Hauler' means a person who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person, or a person who back-hauls those materials. Back-haul has the same meaning as in 14 CCR Section 18982(a)(66)(A). Self-Hauler has the same meaning as in 14 CCR Section 18982(a)(66) if otherwise defined in that section. (s) 'Single-Family Residential Dwelling' means a building or portion thereof used exclusively for residential purposes with fewer than five (5) units.
Single-Family Residential Dwelling does not include hotels, boardinghouses, or other transient occupanc;yfacilities that are considered Commercial Businesses.
(t) 'Solid waste' has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid; and liquid wastes, including garbage, trash, refuse, paper, rubbish1 ashes, industrial wastes, demolition and construction wastes, abandoned vehicles. and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and S:~rri-~olid wastes, . and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes: (i) Ha,z.ardous W~::,te, as defined in the State Public Resources Code Section. 40141; >(ii) Radioactive waste regulated pursuantto the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 ofpivision 104 of the State Health and Safety Code); (iii)Medical waste regulated pursuant to the State Medical Waste f\11an<:igement Acf(Part 14 ( comrnElncing with Section 117600) of Division 104 of the State<Health and Sc:lfety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed .tobe Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
(u) 'Source Separated Blue Container Organic Waste' means Source Separat§d Organic Wastes that can be placed in a Blue Container that is limited t6 the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).
(v) 'Source Separated Green Container Organic Waste' means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles.
(w) 'Source Separated' means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the Chapter, Source Separated shall include separation of materials by the generator, property owner, property owner's employee, prqperty manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste/Mixed Waste or other Solid Waste. for the purposes of collection and processing." · ·
SECTION 6: The LA MESA MUNICIPAL CODE Section 7.20.020 is hereby amended as follows:
"It is unlawful for any per~on, to collect, convey, transport or cause to be collected, conveyed, or transported ciny refuse, garbage, or other waste material in violation of the provisions of this Ghapter; except, lf a Commercial Business elects to self-haul, it must meet the Self-HaLile{requirements in Section 7.30.090 of the La Mesa Municipal Code."
SECTION 7: i-he LAMESA MUNICIPAL CODE Section 7.20.040 - Nature of contract is hereby amended asfo!lows:
"Said contract shall contain such terms, conditions and provisions as the Council deems appropriate to ensure that refuse, garbage, and other waste materials are collected< from the Single~Family Residential Dwellings, Multi-Family Residential Dwellings, and Commercial Businesses withi.n the City of La Mesa and disposed of." SECTION 8: The LA MESA MUNICIPAL CODE Section 7.20.050 - Unauthorized collection is hereby amended as follows:
"It is unlawful for any person other than the person to whom such contract is awarded to engage ip the>Business of collecting, conveying, or transporting, or to collect, convey, transport, 9r cause to be collected, conveyed or transported any refuse, garbage or other waste materials; except, if a Commercial Business wants to self-haul, it must meet the Self-Hauler requirements in Section 7.30.090 of the La Mesa Municipal Code."
SECTION 9: The LA MESA MUNICIPAL CODE Section 7.20.075 is hereby amended as follows:
"7.20.075 Refuse receptacles: Single-Family Residential Dwelling, Multi-Family Residential Dwelling, and Commercial Businesses.
(a) It shall be the duty of every tenant, lessee or occupant of any private dwelling house, the keeper of every hotel, restaurant, eating house, boarding house, or other furnished flat or apartment house and of every other person or business having refuse, to provide sufficient gray, blue, and green containers or "one way" containers, except as hereinafter provided; and which when filled within four inches of the top shall contain all refuse which would ordinarily accumulate on said premises between collections. The exterior of such receptacles, including covers, shall be kept clean from accumulated grease or decomposing materials. It shall be unlawful for any person, including refuse collectors, to abuse, damage or destroy any refuse receptacle or cover.
(b) Grass clippings, leaves, yard work debris, branches, or tree limbs are source separated green organic waste that can be placed in the green container; except if a Commercial Business wants to self-haul, it must meet the SelfHauler requirements in Section 7.3Q.090 of the La Mesa Municipal Code. (c) Branches, tree limbs or other similar qebris shall be source separated green organic waste that can be placed in the green container; except if a Commercial Business elects\to self-haul, it must meet the Self-Hauler requirements in Section 7.30.090 ofthe La Mesa Municipal Code. (d) Newspapers ahd magazines a,re source separated blue organic waste that can be plaCed in the blue container. · · · · · ''·' ' ' ·>>.: <,,,., ( e) Refuse when physically left lying loose and when left on public property for mo(e.than 24 ho urn shall con&titute an encroachment.
(f) Cardboard boxes shall be flattened or cut to a size that fits comfortably inside the blue container.
(g) Refuse shall not be placed at the curb or rear alley prior to twelve (12) hours before scheduled pickup day.
(h) All containers sh~II. be removed from the curb or rear alley the same day pickup service is rendered.
(i) Garbage shall be source separated for collection."
SECTION 10: LA MESA MUNICIPAL CODE Section 7.20.180 - Hauling own refuse is hereby amended as follows:
"Nothing contained in this chapter shall prevent any householder or person occupying private Single-Family Residential Dwellings, Multi-Family Residential Dwellings, or any Commercial Business, except in the downtown business area as
described in the following section, from hauling refuse accumulated upon their premises out of this City for disposal so long as said householder, person or business, hauls said refuse in a vehicle owned by said householder, person or business, and it is a proper vehicle for such hauling. Refuse shall be temporarily stored in a manner consistent with this chapter, and shall be allowed to accumulate no more than seven days prior to hauling and disposal by said householder, person or business." SECTION 11: LA MESA MUNICIPAL CODE Section 7.20.190 - Downtown business district is hereby amended as follows:
"Any householder or person occupying private Single-Family Residential Dwellings, Multi-Family Residential Dwellings, or commercial building within the downtown business area described on map, marked Exhibit "A," attached hereto and made a part hereof, shall subscribe to refuse collection services. Enclosed structures for refuse containers will be provided by the city. The lahd owners and/or persons occupying the Single-Family Residential Dwellings, Multi-Family Residential Dwellings, or commercial buildings shall pay a prorata share for the cost of refuse collection at these locations. On or before January of each year, the city council shall determine an equitable and fair proration for the cost of colleqtion of refuse within the downtown business district."
SECTION 12: LA MESA Ml.JNICIPAL. CODE is hereby amended by adding a new Section 7.20.200 Shared collectionservice$, 8$ follows:. "7 .20 .200 Shared· collect.ion service$.
A. For Commercial Business and Multi-Family Residential Dwellings, separate properties may share refuse collection. services provided that all the following are met:
A property owner, property manager, or a property owners' association agrees to subscribe to the Collection Service(s) on behalf of all of the properties sharing the service and to pay the corresponding service charges; ··
2. The party subscribing to the refuse collection service(s) agrees to take responsibilityfora.11 aspects of the service, including corrective actions if a shared Collection container is determined to be a "contaminated container," as defined in 7.30.020;
3. The Franchisee is informed of and approves which properties are sharing which refuse collection service(s);
4. The properties sharing the refuse collection service(s) are contiguous, and solid waste materials do not have to be moved on or across a public street from the point of generation to a collection container; and
5. Gray, blue, and green collection containers are reasonably convenient and accessible to all occupants and tenants sharing the refuse collection service(s).
B. For the organic waste and recyclable materials services, two or more adjacent properties may share organic and recyclable materials collection containers while individually subscribing to and paying for solid waste collection service provided that:
1. The other provisions of this Section are met;
2. The shared services meet the adequate level of collection service standards; and
3. The shared services shall be reasohably con_venient to all occupants or tenants sharing the collection containers." ·
SECTION 13: LA MESA MUNICIPAL CODE Section 7.22;010 - Definitions is hereby amended as follows:
(b) "'Collection' means the aoj0f collecting solidVvaste materials or recyclables at Single-Family Residential DweUings, Multi-Family Residential Dwellings, Commercial Businesses, indLJstrial, orgovernmental sites, and hauling it to a facility for processing, transfer, or disposal. ·
( d) 'Commercial recyclables' means •.. recyclable materials from Commercial Susin~ss waste stream Jncluding;/but not limited to, newspaper, plastic <beverage bpttles, colored plastic bottles, aluminum, tin and bi-metal cans, yard wastes; organic waste, white<goods (appliances), glass bottles and jars, metal, paper products, printing and writing papers, and non-organic recyclables.
(f) 'Designated recydctble materials' means materials that are recyclable and/or reusable.· within fhe following categories of Single-Family Residential Dwellings, fylulti-Family Residential Dwellings, Commercial Businesses ( office and hospitality), and industrial as defined more specifically within each category as listed within this chapter.
(g) 'Garbage' means solid waste.
(I) 'Multi-family residential recyclables' means those specific recyclable materials from the residential waste stream including, but not limited to, newspaper, plastic beverage bottles, colored plastic bottles, aluminum, tin and bi-metal cans, yard wastes, organic waste, white goods (appliances), glass bottles and
jars, metal, paper products, printing and writing papers, and non-organic recyclables.
(v) 'Single family residential dwelling recyclables' means those specific recyclable materials from the residential waste stream including, but not limited to, newspaper, mixed paper, plastic beverage bottles, colored plastic bottles, aluminum, tin and hi-metal cans, yard wastes, organic waste, white goods (appliances), glass bottles and jars, metal, paper products, printing and writing papers, and non-organic recyclables.
(w) 'Solid waste' has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and .. liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, indµstrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable .or animal solid and semi-solid wastes, and other discarded solid and .semisolid wastes, with the exception that Solid Waste does notiriclude any Of the following wastes: (i) Hazardous waste, as defined in the .State .Public Resources Code Section 40141; (ii) Radioactive waste regulated pursuant to the .state Radiation Control Law (Chapter 8 ( commencing with. Section 114960) of Part 9 of Division 104 of the State Health.ancfSafety Code); (iii) Me~icc1LwasteTegulated pursuant to the State Medical Waste Managem~nt Act (Part 14 ( commencing with Section 117600) ofOivision 104 of the State Health and Safety Code). Untreated medical waste shall o.otbe disposed of in a Solid Waste landfill, as defined in State Public Re~C>ur9e$ Code Sectkm 40195.1. Medical waste that has been treated and deemed to be Solid WasteShall be regulated pursuant to Division 30 of the State Public Resources Code.
(x) 'Tin and bi-metal cans' nieans any steel food and beverage containers with a tin ofaluminum plating.
(y) 'White goods' means kitchen or other large enameled appliances. (z) 'Yard wastes' rneans leaves, grass, weeds and wood materials from trees and shrubs. ·
(aa) 'Blue Container' has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste.
(bb) 'Commercial' or 'Commercial Business' means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether forPage 34 of 38 Page 207 of 250 profit or nonprofit, strip mall, industrial facility, or a Multi-Family Residential Dwelling. A residential dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this Chapter. (cc) 'Excluded Waste' means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of Jocal, State, or Federal law, regulation, or Ordinance, including: land use<restrictions or conditions, waste that cannot be disposed of in Class Ill lcindfills or accepted at the facility by permit conditions, waste that in the City's, >or its Designee's, reasonable opinion would present a significant risk to humart health or the environment, cause a nuisance or otherwise create or expose the City, or its Designee, to potential liability.
(dd) 'Gray Container' has the same meaning as in · 14 CCR Section 18982.2(a)(28) and shall be used for th~.purpose of storage and collection of Gray Container Waste.>
(ee) 'Gray Container Waste: means Solid Waste that is collected in a Gray Container that is part of a three-c:ohtain~r Organic Waste collection service that prohibits.the >placemenfof Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1{a) and (l:>), or as otherwise defined in 14 CCR Section 1740~(a)(6.5). ··· ·
(ff) '<3reen . Container' has th~ same meaning as in 14 CCR Section 18982:2(a)(29) and shall be l.lsed fortt-ie purpose of storage and collection of Source Separc:lted Green Container Organic Waste.
(gg) 'Metal' means recoverable aluminum, tin, and bi-metal materials such as used beverage containers, siding and other recyclable manufactured metal items. ·.
(hh) 'Multi-FamHy Residential Dwelling' means a building or portion thereof used exclusively for residential purposes with five (5) or more dwelling units.
Multi-Family Residential Dwelling does not include hotels, boardinghouses or other transient occupancy facilities that are considered Commercial Businesses.
(ii) 'Non-Organic Recyclables' means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
UD 'Organic Waste' means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
(kk) 'Paper Products' include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51 ).
(II) 'Printing and Writing Papers' include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Sect.ion 18982(a)(54).
(mm) 'Recycling' has the same meaning as set forth in Public Resources Code Section 40180, as it may b.e>amended from time to time. (nn) 'Single-Family Residential Dwelling' rn~ans a building or portion thereof used exclusively for residentialpurposes with fewer than five (5) units. SingleFamily Residential DweUing does not include hotels, boardinghouses, or other transient occupancy facilities that are considered Commercial Businesses. (oo) 'Source Separated' means materials, including commingled recyclable materials, thathave been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in<the mark~tplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). Fofthe purposes of the Chapter, Source Separated shall include separcitioti of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste/Mixed Waste or other Solid Waste for the purposes of collection and processing. (pp) 'Source Separated Blue Container Organic Waste' means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic
Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).
(qq) 'Source Separated Green Container Organic Waste' means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles."
SECTION 14: LA MESA MUNICIPAL CODE Section 7.22.030 - Segregation of recyclable materials is hereby amended as follows:
"It shall be mandatory on the dates specified by council resolution designating materials to be recycled that such recyclable materials he source separated into the blue container from gray container waste and source separated green container organic waste, rubbish or garbage for separate collection or removal." SECTION 15: This Ordinance shall be effective 30 days after its adoption and the City Clerk shall certify to the adoption of thl~ Qrdinahce. The City Clerk is hereby authorized to use summary publication procedute$ pursuant to Government Code Section 36933 utilizing a newspaper of g~neral circulation published in the City of La Mesa.
INTRODUCED AND FIRST READ at a Regular meeting of the City Council of the City of La Mesa, California, held the 8th day of March 2022, and thereafter PASSED AND ADOPTED at a Regular meeting of said City Council held the 22nd day of March 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED:
MARK,A;RAPOSTATHIS}Mayor
ATTEST:
MEGAN WIEGELMAN, CMG, City Clerk
CERTIFICATE OF CITY CLERK
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I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and correct copy of Ordinance No. 2022 - duly passed and adopted by the City Council of said City on the date and by the vote therein recited and that the same has been duly published according to law.
MEGAN WIEGELMAN, CMG, City Clerk
(SEAL OF CITY)
DATE:
CITY OF
LAMESA
JEWEL of the HILLS STAFF REPORT
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
March 22, 2022
SUBJECT: Resolution of the City Council of the City of La Mesa Authorizing Staff to Proceed with Proposition 218 Notification and Public Hearing for Proposed Adjustments to Sewer Service Charges for Fiscal Years 2023, 2024 and 2025.
ISSUING DEPARTMENT: Public Works
SUMMARY:
Issue:
Should the City Council approve a resolution authorizing staff to proceed with the notification and public hearing process required by Proposition 218 for proposed adjustments to sewer service charges for FY23, FY24 and FY25? Recommendation:
The City Council approve a resolution authorizing staff to proceed with the notification and public hearing process required by Proposition 218 for proposed adjustments to sewer service charges for FY23, FY24 and FY25.
Fiscal Impact:
The cost to print and mail public hearing notices is estimated to be $11,000. Funds are available in account 4141-6417 for postage and 4141-6418 for printing.
The sewer fund is an enterprise fund and therefore, any rate adjustments and the associated printing and mailing costs will have no fiscal impact on the General Fund.
City's Strategic Goals:
• Continue to improve high quality municipal services
• Maintain a financially sound and affordable city government
BACKGROUND
Sewer charges are calculated to meet the revenue needs of the sewer fund, in compliance with Section 204(b )( 1) of the Clean Water Act. The Act requires that each recipient of wastewater treatment services pays their proportionate share of the costs. In accordance with Section 5471 of the California Health and Safety Code, revenues derived from sewer fees are used solely for
Report to Mayor and Councilmembers
March 22, 2022
the purpose of covering program costs and expenses related to operating the City's sewer utility, including: sewer treatment and transportation, operation and maintenance activities, capital improvements, program administration, regulatory compliance, and program financing.
Furthermore, as a recipient of a State Revolving Fund (SRF) loan, La Mesa must also maintain compliance with the revenue program guidelines and policies established by the State.
Although the City of La Mesa operates the sewer collection system within the City limits, sewage treatment is performed by the San Diego Metropolitan Sewer Treatment system for which the City of La Mesa pay fees on a quarterly basis. These sewerage treatment fees represent the approximately 48% of the sewer system operation costs.
In 2019, the City Council approved rate increases of 5.25% for Fiscal Year 2020 and 5.50% for Fiscal Year 2021 in anticipation of the ongoing cost increases related to the San Diego Metropolitan Sewer Treatment system and in particular the Pure Water Program. There was no rate increase for Fiscal Year 2022 due to Pure Water construction delays and concerns related to the pandemic. Typically, the City proposes a two year rate review process but because no rate increase proposal was presented in 2021 , a three-year rate increase proposal is being presented to re-align the timing and costs projections.
Meanwhile, Metro Commission and Metro Technical Advisory Committee have been meeting with the City of San Diego regularly to develop agreements for technical needs, cost sharing, and other issues.
Proposition 218 Requirements
Prior to bringing a sewer rate adjustment to the City Council for approval, the City is required to follow the notification and public hearing requirements set forth under Proposition 218. The Proposition 218 process requires that written notification be given to all affected property owners, and that those property owners be given a 45-day period in which to submit written protests if they oppose the proposed rate adjustments.
Following notification, a rate increase may be acted upon at a public hearing, proposed for the City Council meeting on May 24, 2022. Specifically, to comply with Proposition 218, an agency requesting a rate increase must do the following:
• Identify the parcels upon which the fee or charge will be imposed • Calculate the fee or charge
• Provide written notice by mail to the record owner of each parcel upon which the fee or charge will be imposed
• The notice must include the amount of the fee or charge; the basis upon which the fee or charge was calculated; the reason for the fee or charge; and the date, time, and location of the public hearing on the proposed fee or charge
• Conduct a public hearing not less than 45 days after mailing the notice • At the public hearing, consider all protests against the fee or charge • If written protests against the proposed fee or charge are presented by a majority of owners of the identified parcels, the agency cannot impose the fee or charge • Date of Public Hearing will be included in the Notification
Report to Mayor and Councilmembers
March 22, 2022
DISCUSSION
The purpose of this report is to request the approval of the City Council to authorize the notification and public hearing process in connection with a proposed sewer rate adjustment for Fiscal Years 2023, 2024 and 2025. Supporting data for each element of the proposed rate adjustments are provided below.
Wastewater Fund Financial Forecast
A review of the wastewater fund was recently completed by staff. This report will provide the City Council with a financial forecast for the wastewater fund. The information provided will illustrate the need for an incremental rate adjustment to keep up with anticipated costs, maintain the debt service coverage ratio required by the State Revolving Fund Loan Program, and maintain a legally required minimum sewer fund reserve for 75 operational days or 21% of the expenditures.
The financial information provided in this report is for a five year period with actual figures for fiscal year 2021, estimated amounts provided for fiscal year 2022 and projected amounts for 2023, 2024 and 2025 at the proposed sewer rates. Table 1 shows the annual revenue and operating expenses for the wastewater fund with the proposed rate increases.
Revenue
Revenue is divided into three main categories:
• Sewer connection fees
o Sewer connection fees are paid by new private development as a proportional contribution to the cost of construction of the existing wastewater collection system. Connection fees are difficult to estimate and can vary considerably from year to year because of the economy and development permit timing. • Charges for services
o Charges for Services represent the revenue that the City receives from sewer customers and are the subject of this report. These fees constitute the vast majority and primary source of the sewer fund revenue (95%). The revenue figures provided in Table 1 shows the proposed increases for FY23, FY24 and FY25 sewer rates.
• Other revenue
o Other Revenue typically includes interest income, permit fees, and miscellaneous charges.
Report to Mayor and Councilmembers
March 22, 2022
SEWER FUND OVERVIEW ACTUAL
FY20
REVENUE:
Sewer Connection Fees $1,406,977
Charges for Services $11,835,983
Other Revenue $315,560
SUBTOTAL- Revenue $13,558,520
WASTEWATER FUND EXPENDITURES ACTUAL
FY20
OPERATING EXPENSES:
Metro Sewer Costs $7,160,830
Operation and Maintenance $3,017,596
Capital Improvements $1,000,000
Insurance/ Support Svcs $1,536,900
Debi Service $1,248,104
SUBTOTAL - Operating Expenses $13,963,430
NET (Revenue - Expenses) ($404,910)
Wastewater Fund Ending Balance $7,409,294
21 % Operating Budget- Min. Reser-..e $2,399,571
TABLE 1
ACTUAL ESTIMATED PROJECTED PROJECTED
FY21 FY22 FY23 FY24
$99,983 $400,000 $400,000 $400,000
$12,334,749 $12,654,925 $13,172,387 $13,495,348
$3,507 $208,498 $216,633 $216,633
$12,438,239 $13,263,423 $13,789,019 $14,111,980
ACTUAL ESTIMATED PROJECTED PROJECTED
FY21 FY22 FY23 FY24
$6,748,430 $6,874,270 $6,957,680 $6,961,130
$2,994,236 $3,305,706 $3,382,123 $3,444,335
$900,000 $1,000,000 $400,000 $400,000
$1,681,200 $1,681,200 $1,681,200 $1,681,200
$1,249,184 $1,373,344 $1,534,397 $1,678,955
$13,573,050 $14,234,520 $13,955,400 $14,165,620
($1, 134,811) ($971,097) ($166,381) ($53,640)
$5,580,478 $4,260,026 $3,678,229 $3,320,432
$2,308,289 $2,388,393 $2,446,085 $2,489,393
*Table 1 shows the annual revenue and operating expenses for the wastewater fund with the proposed rate increases.
Expenses
The expenditure is divided into five categories:
• Metro sewer costs
PROJECTED
FY25
$400,000
$13,548,610
$216,633
$14,165,242
PROJECTED
FY25
$6,966,110
$3,518,768
$400,000
$1,681,100
$1,664,372
$14,230,350
($65,108)
$2,903,025
$2,627,897
o Metro Sewer Costs include payments to the City of San Diego for wastewater treatment services at the Point Loma Wastewater Treatment Plant, debt service payments for Metro system improvements and sewer transportation costs. • Operation and Maintenance
o Operation and maintenance includes the costs associated with maintaining the City's sewer collection system, sewer billing, personnel and equipment. • Capital Improvement Program
o Capital Improvement Program (CIP) includes projects that need to replaced and/or rehabilitated using the wastewater funds.
• Insurance and support services
o Insurance and support services include transfers out of the wastewater fund for liability insurance, sewer claims and other support services. • Debt Service
o Expenditures for debt service go toward principal and interest payments for five State Revolving Fund (SFR) loans. The budget includes additional debt service projections for the upcoming SRF funded projects.
Report to Mayor and Councilmembers
March 22, 2022
Metro sewer costs
Metro sewer costs paid to the City of San Diego for wastewater treatment have accounted for approximately half (48%) of the total fund expenditures in the past and are expected to increase in future years. Although these payments include costs for operations of the metropolitan treatment system, the primary reason for the large expenditure increases is due to capital construction expenses from the Pure Water San Diego Program (Pure Water) Phase 1 and Phase 2.
Pure Water is a multi-year capital construction program that will, at build out in 2035, convert 83 million gallons a day of wastewater to potable drinking water. The offloading of these wastewater flows from the Point Loma Wastewater Treatment Plant will reduce the solids remaining in the ocean outfall to a level that is consistent with secondary treatment (secondary equivalency). Not only will Pure Water Program achieve secondary equivalency at Point Loma, it also creates a new, local, reliable water supply to the region. The Pure Water Program costs are apportioned to the wastewater and water customers. The Point Loma Wastewater Treatment Plant is the last treatment plant with an ocean outfall that is not at the secondary treatment level. Point Loma is an advanced primary treatment plant and must get a waiver from secondary treatment standards requirements every five years from Environmental Protection Agency (EPA). Every time that the waiver has come up there has been discussion and political pressure to convert Point Loma to secondary treatment. Converting to secondary would be very expensive and there would not be a comparable environmental benefit.
The City of San Diego has actively been working with Congressman Peters to introduce federal legislations titled "Ocean Pollution Reduction Act II" (OPRA II) to exempt the Point Loma Treatment from future permits for secondary equivalency under the Clean Water Act. This bill has been passed by the Congress but is currently stalled in the Senate. The City of San Diego is hoping this bill is attached to a bipartisan omnibus bill in the Senate. The exemption will provide stability the sewer treatment and water supply to the San Diego region and will eliminate reoccurring costs of the permit.
Capital Improvement Program
Sewer infrastructure improvement projects are funded from sewer rates and programmed annually as part of the capital improvement program. The City Has over 155 miles of sewer mains some of which are in need of replacement or upgrade. Staff assesses the condition of sewer facilities during regular maintenance and uses an asset management approach to prioritize the improvement areas. Staff then implements capital projects on an annual basis to address the most critical needs.
Funding for larger scale sewer projects has come from low-interest loans from the State Revolving Fund (SRF) loan program. Larger projects can create greater economies of scale, generate more bidders and result in lower construction costs. The debt service for loan repayments is built into the sewer rates for improved financial planning. The long term benefits of completing these projects include: reduced treatment costs, fewer sewer backups; reduced liability claims; and reduced maintenance frequencies.
Report to Mayor and Councilmembers
March 22, 2022
Three sewer CIP projects are currently underway, including the FY22 Sewer Improvements funded by the City's CIP funds, Inflow & Infiltration Project Phase 6 and 7 funded by SRF loans.
Debt Service for Large Capital Improvement Program Projects Debt service is expected to slightly increase in 2022, but will see an approximately 12% increase in 2023 when the City begins repayment of a new SRF loan obtained in FY 2021 for Phase 3 of the Alvarado Trunk Sewer.
There are certain key components that the State looks at during the financial review process to receive a low-interest loan through the State Revolving Fund Loan Program including: fund balance; proper public notification of rate changes; adequacy of sewer rates; and a minimum revenue to debt ratio of 110%. The debt service coverage ratio is equal to total revenue minus operating expenses minus transfers for liability and support services divided by annual debt service payments. As a program funding recipient, the City is required to maintain a minimum revenue to debt ratio of 110% throughout the life of the loan. The City is currently meeting the debt service coverage requirement and is projected to continue meeting this requirement through the proposed rate increase period.
Sewer Rate Recommendation
Based on the financial projections, staff is recommending that sewer rate adjustments be considered by City Council at a public hearing on May 24, 2022. The proposed rate increase for the average single family customer using 14 units of water bi-monthly is 3.4% percent for FY23,
3.5% for FY24 and 4.9% percent for FY25. The rate adjustment would result in a $19.10 increase to the annual bill for the average single family customer in FY23, $20.62 in FY24 and $29.64 in FY25.
Protest Process
Under Proposition 218, affected property owners may protest the proposed adjustments by submitting their objection in writing, for consideration by Council at the public hearing. A protest form has been included in the proposed notice that can be mailed to the City for consideration during the rate hearing on May 24, 2022. Under Proposition 218, if written protests are received by a majority of affected property owners, the proposed adjustments cannot be made.
CONCLUSION:
Based on the information provided in this report, it is recommended that the City Council approve the resolution authorizing staff to proceed with the notification and public hearing process for the proposed adjustments to sewer service charges for fiscal years 2023, 2024 and 2025. The proposed changes to the schedule of sewer service charges would be considered by the City Council at the public hearing are described in the notice.
Report to Mayor and Councilmembers
March 22, 2022
Reviewed by:
Greg Humora
City Manager
Attachments: A Resolution
B. Draft Proposition 218 Notice
C. Sewer Rate Comparison
Respectfully submitted by:
L)rtJ-~
Hamed Hashemian
Acting City Engineer
~ ._ li Q
C awasaki
Senior Management Analyst
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
AUTHORIZING STAFF TO PROCEED WITH PROPOSITION 218 NOTIFICATION
AND PUBLIC HEARING FOR PROPOSED ADJUSTMENTS TO SEWER
SERVICE CHARGES FOR FISCAL YEARS 2023, 2024 AND 2025
WHEREAS, the City's strategic goals include continuing to improve high quality of municipal services and maintain a financially sound and affordable city government; WHEREAS, the City of La Mesa is a participating agency in the Metropolitan Sewer System and as a participating agency, the City is required to pay its proportionate share of Metro System costs including wastewater treatment at the Point Loma Wastewater Treatment Plant; WHEREAS, in order to meet increasingly stringent environmental regulations at the Point Loma Wastewater Treatment Plant, Pure Water San Diego, a multi-year capital construction project, is undertaken to convert 83 million gallons of wastewater per day into potable drinking water;
WHEREAS, Pure Water San Diego is the most cost effective, long-term regional solution for managing the region's wastewater and maintaining regulatory compliance; and WHEREAS, in compliance with Article XIIID of the California State Constitution and the Proposition 218 Omnibus Implementation Act, the City of La Mesa must notify all affected property owners of said Public Hearing and the proposed sewer service rate increases.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the City Council of the City of La Mesa approves a resolution authorizing staff to proceed with proposition 218 notification and setting a public hearing for proposed adjustments to sewer service charges for fiscal years 2023, 2024 and 2025 to occur on May 24, 2022.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 22nd day of March 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2022- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
ATTACHMENT A
DRAFT
NOTICE OF PUBLIC HEARING
FOR PROPOSED ADJUSTMENTS TO SEWER SERVICE CHARGES
EFFECTIVE JULY 1, 2022 THROUGH JUNE 30, 2025
Tuesday, May 24, 2022
The City of La Mesa is hereby notifying affected property owners of a proposed sewer rate adjustment.
This mailing serves as notice to property owners of the public hearing to be held on the proposed sewer rate adjustments.
The public hearing will be held on Tuesday, May 24, 2022 at 6:00 p.m., or as soon as possible thereafter, in the Council Chambers of La Mesa City Hall located at 8130 Allison Avenue, La Mesa, California 91942.
As part of the Metro Sewer System, the City is required by federal and state regulations to generate sufficient revenue from customer sewer service charges to fund its sewer program. The proposed sewer rate adjustments are necessary to fund La Mesa's portion of the cost of regional sewer treatment and to maintain the City's existing sewer infrastructure.
PROPOSED SCHEDULE OF SEWER SERVICE CHARGES
Proposed Proposed Proposed
Current Rates Rates Rates
Sewer Rates Effecti\e 7/1/22 Effecti\e 7/1/23 Effecti\e 7/1/24 FY 22 FY 23 FY 24 FY 25
Charge per 100 cubic feet (CF) of water
100 CF= 1 unit= 748 gallons
Single Family * $4.05 $4.20 $4.25
Multi Family $4.05 $4.20 $4.25
Commercial/Industrial
Low Strength $4.25 $4.44 $4.49
Medium Strength $5.91 $6.38 $6.44
High Strength $6.74 $7.35 $7.41
Extra High Strength $11.89 $11.89 $11.89
Bi-Monthly Base Charge $37.64 (applies to all customer accounts) $38.72 $41.46 How to calculate your sewer bill:
Water use charge times average bi-monthly water use plus base charge= bi-monthly sewer charge. To calculate the annual amount, multiply the bi-monthly sewer charge by 6.
A bi-monthly average of 14 units for a single family customer is used for calculation purposes.
Maximum bi-monthly single family bill effective 7/1/2022:
$4.20 x 14 units= $58.80 + $38.72 = $97.52
Maximum bi-monthly single family bill effective 7/1/2023:
$4.25 x 14 units = $59.50 + $41.46 = $100.96
Maximum bi-monthly single family bill effective 7/1/2024:
$4.29 x 14 units= $60.06 + $45.84 = $105.90
*Note: The maximum bi-monthly billing cap is 28 units for single family customers. $4.29
$4.29
$4.54
$6.49
$7.46
$11.89
$45.84
If you own a parcel in the City of La Mesa that receives sewer service and you oppose the proposed adjustments, your protest must be submitted in writing to be considered. Only written protests from La Mesa property owners will be counted.
Written protests must be submitted to the Office of the City Clerk of the City of La Mesa by noon on Tuesday, May 24, 2022 or in the City Council Chambers during the public hearing so long as they are received prior to the close of the public hearing. Written protests must be made by the owner of the parcel and must include the owner's name, Assessor Parcel Number (APN), sewer service address, a statement indicating opposition to the proposed sewer rate adjustments, and signature.
If protesting by mail, please identify on the front of the envelope that the enclosed letter of protest is for the proposed sewer rate adjustments. Owners of multiple properties must file a separate written protest for each property. Send your written protest to:
City of La Mesa
Office of the City Clerk
8130 Allison Avenue
La Mesa, CA 91942
The City of La Mesa encourages the participation of disabled individuals in the services, activities and programs provided by the City. Individuals with disabilities, who require reasonable accommodation in order to participate in the City Council meetings, should contact the City's Americans with Disabilities Act (ADA) Coordinator, Rida Freeman, Director of Administrative Services, 48 hours prior to the meeting at 619.667 .1175, fax 619.667 .1163, or [email protected].
If you have questions about the proposed rate adjustments or the process for submitting a written protest, call the City of La Mesa at 619.667.1166 or visit our website at www.cityoflamesa.us/sewer.
PROP. 218 PROTEST FORM
By signing the form below I protest the proposed sewer service charge rates and affirm under penalty of law that I am the owner or authorized representative of the owner of the below parcel.
Parcel Information
Assessor's Parcel ID:
Street Address:
City, State, Zip Code:
Statement
Submitted By
Print Owner Name:
If the above is not an individual(s), e.g. and LLC, Trust, Corporation, etc.
Print Authorized Signatory:
Signature: _____________ _ Date: -----
ATTACHMENT B Page 221 of 250
$114.62
,I}
~~ <::>e;
Sewer Rat e Compari son for Metro Participating Agencies Single Fa mily Monthly Rates Based on 7 HCF of Wat er Usage Effective January 1, 2022 for FY 2022
I Flat Rates
Water Consumption Based Sewer Rates
*= No Change From Prior Year
$67.23
$60.96
$57.56 $55.86
$49.39 $48.75 $48.68 $47.94 $46.61
$43.08 $42.07
$35.87
~~ ~e; c" ·O<::- * * -:t"'I>~ ◊~ ◊'~ <::-"-~ * "-
!..o e;'c <..?' , .. ,'I> ◊~ ..,_'I> ;__,<.; <;) 0 ~<o ~e; ~o o • ~ <..,Ov -S.~ ·~"" s-e; ◊ 1:P' · . e;'>o · O<::' ~'I> !..<::> ~'c o<::- ;._,7> v 'I> ,? <::>' ~ o• x:-v ""-e; e;(:' 9.e; !..o c.,'I><::- ~'I> . e;'>o C ~ 'I> 'v ...,_(:' <..,O <::>' c.,'I><::- 'I>~ o"-
ATTACHMENT C Page 222 of 250
Fund:
4141
4141
CERTIFICATE OF CITY/DIRECTOR OF FINANCE
Certification of Unappropriated Reserves
I HEREBY CERTIFY that the money required for the appropriation of funds for the purpose as docketed is available in the Treasury, or is anticipated to come into the Treasury, and is otherwise unappropriated.
Amount$
Purpose
Date
Fund _________________ _
Director of Finance
City of La Mesa
By
Unappropriated Reserves Available Balance$
Certification of Unencumbered Balance
I HEREBY CERTIFY that the indebtedness and obligation as docketed can be incurred; that sufficient monies to meet the obligations are actually in the Treasury, or are anticipated to come into the Treasury to the credit of the appropriation from which the same are to be drawn; and that said monies now actually in the treasury, together with the monies anticipated to come into the Treasury, to the credit of said appropriation are otherwise unencumbered.
Amount Not to Exceed $10,970.24
Date:
Dept./ Activity:
6417
6418
/.2;~1 Fi/&,a---
C/ City of La Mesa .
03/02/2022 By: Hamed Hashemian
$6790.00 from Account 4141-6417 (amount available $8509.31) $4180.24 from Account 4141-6418 (amount available $1160.00) Purpose: Resolution of the City Council of La Mesa Authorizing Staff to Proceed With Proposition 218 Notification and Public Hearing for Proposed Adjustments to Sewer Service Charges for Fiscal Years 2023 Through 2025.
CERTIFICATE NO. 1778
DATE:
CITY OF
LAMESA
JEWEL of the HILLS STAFF REPORT
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
March 22, 2022
SUBJECT: Proposed Phase 2 allocations for American Rescue Plan Act funds
ISSUING DEPARTMENT: City Manager
SUMMARY:
Issue:
Should the City Council authorize proposed Phase 2 funding allocations recommended by the American Rescue Plan Act City Council Ad-Hoc Committee? Recommendation:
The City Council should authorize Phase 2 funding allocations recommended by the American Rescue Plan Act City Council Ad-Hoc Committee.
Fiscal Impact:
The City will receive a total of $10.8 million of American Rescue Plan funding for eligible activities. Proposed eligible activities would be funded through this one-time allocation from the Federal Treasury.
Strategic Goals:
• Maintain a financially sound and affordable City government BACKGROUND:
On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021 ("ARPA"). ARPA provided funding to local governments for numerous programs related to health, vaccines, testing, rental assistance, mortgage assistance, utility assistance, . homelessness, and emergency housing funding. ARPA also contains new and enhanced programs to assist businesses including the Restaurant Revitalization Fund and an expanded Paycheck Protection Program. Among various notable provisions, ARPA includes $350 billion in financial assistance to state and local governments. The precise amount of monetary
Report to Mayor and Councilmembers
Date: March 22, 2022
Page: 2 of 5
aid to local governments is determined by a modified Community Development Block Grant ("CDBG") formula that considers factors such as population, poverty level, and housing instability. For the City of La Mesa, the allocation totals $10,826,584. The Federal Treasury will disburse ARPA funding in two tranches; half in May 2021 and the second half in May 2022. The City has until December 31, 2024, to allocate funding and until December 31, 2026, to expend the funds.
American Rescue Plan: Eligible Expenditures
ARPA is a direct source of funding from the Federal Treasury to the City of La Mesa. While recipients have some ability to determine how funding may be spent, ARPA contains specific provisions that define how funds may be used by local governments. For example, costs related to pension obligations and offsets to tax cuts are not eligible expenditures. The following section briefly outlines eligible expenditure categories:
• Negative Economic Impacts: Allows funds to be used to address the negative economic impacts of the pandemic including assistance to households, small businesses, nonprofits, and provide aid to impacted industries. This category includes funding to cover unbudgeted ongoing municipal expenditures.
• Support for Eligible Workers: Allows the City to provide premium pay for eligible workers performing essential work during the pandemic. Examples would include work performed by public works, public safety personnel, and other employees who have continued to interact directly with the public.
• Fiscal Recovery Funds: Allows local governments to replace municipal revenues, such as decreases in sales tax or gas tax, lost as a result of the pandemic. • Water, Sewer, or Broadband: Provides opportunities for local governments to invest in capital projects related to water, sewer, or broadband.
Final Rule
The United States Federal Treasury released its Final Rule regarding the use of ARPA funds on January 6, 2022. The Final Rule is the most up-to-date guidance, representing the Treasury's clarification of numerous portions of the legislation based on thousands of questions and comments received from government agencies. The most significant update to the Federal guidance is that the Final Rule allows recipients to elect a standard allowance of revenue loss of $10 million that may be used for general governmental services. In its reporting to the Treasury, the City consulted with the ARPA City Council Ad-Hoc Committee where staff recommended reporting that the City would take the standard allocation for revenue loss.
Report to Mayor and Councilmembers
Date: March 22, 2022
Page: 3 of 5
Phase 1 Allocation:
The City Council approved $1,339,358 in ARPA funding from the initial tranche of funding that included unbudgeted City expenditures, COVID-related leave, the purchase of a vehicle for the Homeless Outreach and Mobile Engagement (HOME) program, and support for essential workers. As noted below, actual expenditures for Phase 1 totaled $1,402,386. The additional cost is related to ongoing COVID-related expenditures and total payments to cover the cost of support for essential workers.
DISCUSSION:
The City Council formed an Ad-Hoc Subcommittee comprised of the Mayor and Vice-Mayor to review, discuss, and recommend eligible uses in future allocation phases. The balance of this report provides updated proposed recommendations from the City Council Ad-Hoc Committee.
Phase 2 Funding Proposal:
The City Council Ad-Hoc Subcommittee discussed eligible expenditures and worked with staff to identify potential programs and partnership opportunities with nonprofit organizations. For Phase 2, the City Council Ad-Hoc Committee recommends an allocation to provide the City with reimbursement for additional ongoing unbudgeted COVID leave expenditures, a program to encourage the establishment of new businesses, support the HOME program, and a program to increase vaccination rates among employees. This section of the update will summarize these recommendations:
• COVID-Related Leave ($200,000): The City continues following State and County COVID protocols that require employees that test positive to quarantine. These protocols are in place to protect the health and safety of the public and other employees. As part of this effort, the City funds the cost of testing and related expenditures. The proposed .allocation covers ongoing unbudgeted costs.
• La Mesa Entrepreneurship Accelerator Program (LEAP) ($800,000): The pandemic has had an impact on local shopping centers and increased storefront vacancies.
Additionally, uncertainty regarding potential restrictions on business operations has delayed potential business startups. To address these economic impacts, staff worked with the East County Economic Development Council ("ECEDC") and the Small Business Development Center ("SBDC") to develop a program that would encourage local entrepreneurs to start new brick and mortar businesses and create jobs in La Mesa.
SBDC would train entrepreneurs on the fundamentals of starting a business through coursework, partner them with a long-term mentor, help the entrepreneur develop and implement a viable business plan, obtain financing, and locate a storefront in La Mesa.
Once the new business is open, the business owner would qualify for grant funding of up to $20,000. Eligible expenses include rent, operating expenses, hiring employees, and
Report to Mayor and Councilmembers
Date: March 22, 2022
Page: 4 of 5
tenant improvement costs. Staff has attached a program proposal for the City Council's information (Attachment A).
• Homeless Diversion and Support Services ($800,000): As reflected in the 2021 Community Survey, addressing homelessness continues to be a priority for La Mesa residents. The City hired two full-time employees who work with the homeless population. The Homeless Outreach and Mobile Engagement (HOME) program operates under the La Mesa Police Department. The proposed ARPA allocation would provide funding for hotel vouchers, flexible spending for supplies, housing navigation services, rental assistance, and other needs identified by HOME and the La Mesa Police Department. The proposed funding would provide the HOME program with additional options to connect the homeless to permanent housing for the next four years. The City would issue a Request for Proposals to seek a qualified nonprofit partner to offer these services and administer the funding . Of the amount proposed, staff recommends reallocating approximately $226,372 of unspent Community Development Block Grant funding for the program.
• Support for Essential Workers ($300,000): ARPA funds may be used to support the ongoing efforts of essential workers. To increase vaccination rates among employees, including first-responders, the Ad-Hoc Committee recommends a vaccine incentive program that would provide a $500 stipend to all employees and an additional $500 to those that furnish proof of . vaccination based on the recommended immunization schedule from the Centers for Disease Control and Prevention.
Table 1 Summary of Phase 1 Expenditures and Proposed Phase 2 Proposa s Total ARPA Allocation:
Phase 1 Allocation:
Phase 2 Allocation:
Remaining Allocation:
$10,819,082
$1,402,386
$1,873,628
$7,543,068
COVID Related Leave: Phase 1
COVID Related Leave: Phase 2
Economic Development (LEAP): Phase2
Homeless Diversion and Housing: Phase 2
HOME Program Vehicle: Phase 1
Support for Essential Workers: Phase 1
Support for Essential Workers: Phase 2
UnbudQeted City Expenses: Phase 1
Total Allocation Per Eligible Category
Negative Economic Impacts Pay for Eligible Workers
To respond to the negative
economic impacts related to
COVID-19, including assistance
to households, small
businesses, nonprofits, and aid
to impacted industries.
Recommendations
$414,569
$200,000
$800,000
$800,000 (*$226,372 from CDBG)
$60 000
- ---------- $239,817
$2,288,014
To respond to workers
performing essential work
during the pandemic by
providing pay to . eligible
workers designated by as
essential (defined by the U.S.
Department of Treasury)
Recommendations
$688,000
$300,000
$988,000
Report to Mayor and Councilmembers
Date: March 22, 2022
Page: 5 of 5
CONCLUSION:
As noted in May of last year, recommendations regarding ARPA funding would be brought to the full City Council in phases. For Phase 2, the City Council Ad-Hoc Subcommittee recommends an allocation totaling $1,873,628 for the activities and programs described in this report. Based on expenditures to date and the proposed programs for Phase 2, staff estimates there will be approximately $7.5 million in ARPA funding remaining. The City Council Ad-Hoc Subcommittee will continue to convene and provide updated recommendations for eligible expenditures, including revenue recovery, as part of Phase 3 later this year. Subject to City Council direction, staff would incorporate the approved Phase 2 expenditures into the Mid-Biennium Budget.
Reviewed by:
Greg Humora
City Manager
Attachment( s):
A. La Mesa Entrepreneurship Accelerator Program
Respectfully submitted by:
Director of Finance
ATTACHMENT A Page 229 of 250
Executive Summary ....................................................................................................... l Program Overview ............................. .... ......................................................................... 2 I. Problem Statement ............................. ............................... ... .................................... 2 II. Solution ............................................................................. : ............................................. 2 Ill. Program Guidelines············································································:··············· 2 A. Eligibility Requirements ............................................................................... 2 B. Sample Application ......................................................................................... 3 C. Screening Process .............. : .............................................................................. 4 IV. Program Outline ....................................................................................................... 5 A. Development Phase .................................................................................... 5-7 I. Advisor Biographies .................................................................................... 8 B. Launch Phase ...................................................................................................... 9 C. Growth Phase ..... ................. ......... ......................... .............................................. 9 V. Program Options ...................... ................................................................................. 10 A. Accelerator Package ...................................................................................... 10 VI. Risks ..................................................................................................... ........ ................... 11 VII. Outcomes ................................................................................................................... 12
Since 1984, the East County Economic Development Council (ECEDC) has supported entrepreneurship and economic development within La Mesa and San Diego's broader East County region. Through its East County Small Business Development Center (SBDC) services. ECEDC has supported more than 2,000 East County entrepreneurs and small business owners - helping them obtain financing, construct business plans. outfit facilities. and create jobs.
The COVID-19 pandemic brought multiple unforeseen challenges, but these hurdles have also engendered a disposition towards resilience and entrepreneurship. In September 2020, the Wall Street Journal wrote. "Americans are starting new businesses at the fastest rate in more than a decade, according to government data, seizing on pent-up demand and new opportunities after the pandemic shut down reshaped the economy."
During this pandemic period, existing businesses have benefitted from a multitude of federal. state. and local programs that were instrumental in keeping small businesses afloat. However. as our economy moves from survival into recovery, we must give some thought to how we will replace the small businesses we have lost.
The City of La Mesa. in partnership with the East County Economic Development Council (ECEDC). propose to launch the La Mesa Entrepreneurship Acceleration Program (LEAP) from June 2022through December 31 , 2026 with ARPA funds. LEAP would be available to all San Diego residents. but specifically marketed to women and minorities. LEAP would directly address the biggest obstacles to starting a new business. (1) training and (2) funding: LEAP would distribute funds to revitalize the La Mesa economy and encourage more entrepreneurship in La Mesa than if the City had simply relied on market forces. The program would provide each entrepreneur with a robust start-up training program, individualized advising sessions. an accountable case management system. and up to $20,000 in grant funds.
Participants would establish their small business by renting a space in the incorporated City of La Mesa. The LEAP Program would help reduce City of La Mesa's
5.5% vacancy rate: generate additional sales tax revenue. create jobs and opportunities within the community, and facilitate the local economy's resurgence following the COVID-19 pandemic.
I. PROBLEM STATEMENT
The COVID-19 pandemic has caused small business closures, loss of tax revenue. increased vacancy, and job/economic loss throughout the City of La Mesa and the greater San Diego region. Though entrepreneurs have expressed interest in starting businesses, many of the support programs have been directed exclusively towards existing entities. Entrepreneurs' biggest obstacles to starting a new business are lack of access to training and funding.
II. SOLUTION
The City of La Mesa, in partnership with the East County Economic Development Council (ECEDC), proposes to launch the La Mesa Entrepreneurship Acceleration Program (LEAP) in March 2022. LEAP would distribute grants to new restaurant and retail enterprises. The program would provide each entrepreneur with a robust start-up training program, individualized advising sessions, an accountable case management sys~em, and up to $20,000 in grant funds. Participants would establish their small business by renting a space in the incorporated City of La Mesa. The LEAP Program would help reduce city vacancy rates, generate additional sales tax revenue, create jobs and opportunities within the community, and facilitate the local economy's resurgence following the COVID-19 pandemic.
Ill. PROGRAM GUIDELINES
A. ELIGIBILITY REQUIREMENTS
Must be at least 21 years old Must be a resident of San Diego County •
•
Must be a United States
Citizen
•
•
Must be willing to open a
business within the incorporated
City of La Mesa
2
8. SAMPLE APPLICATION
The La Mesa Entrepreneurship Acceleration
Program application would be offered online
through the ECEDC and City of La Mesa
websites. The application would open in June
2022and operate on a first-come, first-served
basis until the program reaches maximum
capacity. The application would be marketed
particularly to women and minority
communities. The application would ask for
the following information:
l.Applicant's First and Last Name
2.Applicant's Contact Information
3. Information for two character
references/additional points of contact.
including:
o First and Last Name
o Relation
o Contact Information
4.Applicant's Most Recent Resume
5.The Highest Level of Education Received by the Applicant
6. Detailed Narrative Answers to the following questions:
o Describe the business you would like to start. including the mission, industry, product. or service.
o Do you have experience within this industry?
■ If yes, please describe in detail.
■ If no, please describe what motivated your interest in this industry. o Why are you the right person to participate in the La Mesa Entrepreneurship Acceleration Program?
o What are your goals for this program?
o What qualities do you possess that will assist you in being an entrepreneur? o Have you ever started a business before?
■ If yes, please explain in ·detail including the business· status. o Describe your current or future schedule commitments including jobs, parental duties, etc.
o Can you commit to dedicating 5-l0hrs per week (minimum) to the La Mesa Entrepreneurship Acceleration Program?
o Have you ever been convicted of a crime?
o Have you ever declared bankruptcy?
7.Self-Certification l: The Applicant understands that the expenditure of funding is subject to review by the City of La Mesa, East County Economic Development Council. State of California, and the Federal Treasury. These funds may be audited and expenditures inconsistent with the program guidelines are required to be returned
8.Self-Certification 2: The Applicant has entered information that is true and correct The application must be completed in its entirety to be eligible for the program. 3 Page 233 of 250
C. SCREENING PROCESS
The ECEDC would screen applicants to the La Mesa Entrepreneurship Acceleration Program using a predetermined scoring rubric. An example of which can be found below:
APPLICATION CONTENT
Contact Information
Character References
Resume
Highest Level of Education
Narrative Question (NQ): Describe
the business you would like to
start including the mission,
industry, product, or service.
NQ: Do you have experience
w ithin this industry?
NQ: Why are you the right
person to participate in the La
Mesa Entrepreneurship
Acceleration Program?
NQ: What are your goals for this
program?
NQ: What qualities do you
possess that will assist you in
being an entrepreneur?
NQ: Have you ever started a
business before?
NQ: Describe your current or
future schedule commitments
including jobs, parental duties,
etc.
NQ: Can you commit to
dedicating 5-lOhrs per week at a
minimum to the La Mesa
Entrepreneurship Acceleration
Program?
Self-Certification l
Self-Certification 2
EVALUATION CRITERIA
Did the Applicant include complete and accurate contact information?
Did the Appl icant include two complete character references? Were the character references able to be reached and provide a positive review and recommendation of the Applicant?
Did the Applicant upload a recent resume?
Does the Applicants resume show a history of compelling work and industry experience, relevant skills, qualifications, and/or certifications?
Has the Applicant completed an educational program in the past?
How well did the Applicant provide a detailed plan showing a well-developed business concept?
Did the Applicant include their business' mission, industry, product, or service?
Does the Applicant have substantial experience within their desired industry?
If no: How well did the Applicant provide a detailed explanation of their desired industry, Including how they would be qualified? How well did the Applicant describe their skills, qualifications, and/or experience and make a compelling case as to why they should be included?
How well did the Applicant provide tangible and attainable goals for their personal and business development?
How well did the Applicant describe goals specifically relevant to the La Mesa Entrepreneurship Acceleration Program and its services?
How well did the Applicant describe their qualities relevant to their success in the La Mesa Entrepreneurship Acceleration Program?
If yes: Did the Applicant provide a detailed account of their business venture, including the business' development, operations, and status? If no: Leave section empty (this will not penalize the Applicant) Did the Applicant provide a thorough description of current or future time commitments?
"If the Applicant answered no, they are ineligible for the program
Did the Applicant consent to the Terms and Conditions of the La Mesa Entrepreneurship Acceleration Program?
Did the Applicant certify that all information was true and correct? Total
POINTS
AVAILABLE
2pts
2pts
lOpts
2pts
lOpts
4pts
lOpts
Spts
lOpts
lOpts
8pts
Spts
8pts
Spts
Spts
N/A
2pts
2pts
lOOpts ...... i thS1ddlUon1.I
points available for Appllcants who
have sla1led a bwlnu.s In the p;ut
4 Page 234 of 250
IV. PROGRAM OUTLINE
A. DEVELOPMENT PHASE
The participant would be connected to a
Case Manager from ECEDC. The Case
Manager would be a reliable point of
contact for program services, scheduling
classes and advising sessions, and
general check-ins. The participant would
work with their Case Manager to build a
path for success through the
Development Phase. This phase would
include five SBDC classes and ten hours
of one-on-one advising sessions. The
classes listed below are trainings and
webinars identified specifically for startup development. The courses would be taken in chronological order.
COURSE LEAP-100
TITLE Optimizing Your Start-Up: Simple Steps to Starting Your Small Business DESCRIPTION This Small Business Development Center (SBDC) course will walk entrepreneurs through their startup with a step-by-step guide. This course will help entrepreneurs navigate all aspects of starting a small business - from funding to licenses and permits; this is the perfect workshop to get the ball rolling. After this workshop, attendees are eligible to schedule an appointment to meet one on one with an SBDC business advisor to complete the process in detail.
COURSE LEAP-200
TITLE Business Plans that Get Results
DESCRIPTION Entrepreneurs will learn strategies to start or grow a small business while writing a strategic plan that will get them focused in the right direction to capture the attention of investors, partners. and lenders. The "Business Plans That Get Results" course is an effective tool to help brainstorm ideas to start or grow a business. Receive immediate feedback from an experienced entrepreneur. After this course, attendees are eligible to schedule an appointment to meet one-on-one with an SBDC Business Advisor to complete a business plan.
5 Page 235 of 250
COURSE LEAP-300
TITLE Pitching Your Product to Retail Store Buyers
DESCRIPTION This course will teach entrepreneurs everything they need to know to successfully launch a product at retail stores. In this class, students will learn about today's retail environment, how to find an ideal retailer, three ways to sell, and pricing, MOQ, and shipping.
COURSE LEAP-400
TITLE Opening and Operating a Successful Retail Store
DESCRIPTION This course covers-everything an entrepreneur needs to know to open and successfully operate a retail shop. In this course, the entrepreneur . will learn about business structures, business terminology and retail lingo, how to price products, the different types of retail stores, atmospherics, signage, and setting up an online store.
COURSE LEAP-500
TITLE How to Successfully Open Your New Food Business
DESCRIPTION
This course is delivered in partnership with the County of San Diego, Department of Environmental Health and Quality to reveal all the requirements you will need to start your new food business. Topics include: Requirements for the Plan Check Process, Equipment, Health Permitting, and Fees. This course is On-Demand, however personal questions can be addressed and referrals will be made as needed. - COURSE LEAP-600
TITLE Business Loan Readiness
DESCRIPTION This course is delivered in partnership with the South SBDC. This course will cover:
• How to prepare a loan package
• Review different types of funding
• Gain insight into what funding is the best fit for your small business 6
COURSE LEAP-700
TITLE Business Financing Overview
DESCRIPTION In this class, the entrepreneur will learn about financing strategies, how to prepare their financials and loan packages, and the different sources of capital. The class will cover the following concepts: Business Loans vs.
Commercial Real Estate Loans. Short Term Capital vs. Long Term Capital, Projection Based Loans vs. SBA Loans. Micro Loans. and Fintech Loans.
Classes would be taken concurrently with one-on-one advising sessions. Some classes are subject to change or alternatives in order to individualize a participants learning. ECEDC's SBDC advisors have advised hundreds of clients on navigating the start-up landscape and have a combined 75 years of experience. Case Managers would work with participants to assign an SBDC advisor based on their industry, strengths, and weaknesses.
LEAP would encourage further economic development in La Mesa by prioritizing new business started in underserved communities via site selection services. ECEDC would identify underserved regions within the City of La Mesa, provide a site list to participants, and encourage placement within these communities.
OUTCOMES OF THE DEVELOPMENT PHASE:
• Case Manager Assigned
• 5 SBDC Training Classes Attended
• Business Advisor Assigned
• 10+ hours of one-on-one advising
• Business Plan Developed
• Business Licenses and Permits are obtained
• Business would sign a lease in the incorporated City of La Mesa 7 Page 237 of 250
I. ADVISOR BIOGRAPHIES
DIANA BARBIAN!
For the better part of the last 20 years, Diana had the privilege and honor of being part of a large buying team.
She traveled to trade shows and met vendors in person and strategically planned out supply chains and customer operations. She developed pricing strategies, inventory systems, delivery logistics, contracts, and payment terms. In her Rep Academy monthly cohorts, she shares her knowledge as a former buyer and sales representative. She is a highly accomplished and results-oriented entrepreneur and business owner with extensive experience in developing and executing creative strategies to drive business growth, increase and sustain profitability, expand the customer base, and enhance the company's branding. She possesses excellent interpersonal and communication skills and experience creating high-performance, motivated teams.
JEFF BERNSTEIN
In 1973, Jeff opened a retail floor covering store in Milwaukee, Wisconsin while completing his B.S.B.A. in Accounting. When he graduated, he decided to forego a career in accounting and continue to devote his full time to his business. "I grew that business for the next 23 years into the largest single-store flooring retailer in Milwaukee," he shares. In 2000, he decided to close his business and accept a role as vice president of sales and operations for his biggest competitor, a five-showroom retailer/wholesaler. "I was able to double the revenues of this SO-year-old company during the next 12 years. I also earned a Flooring Executive Certification from the World Floor Covering Association." Jeff left Milwaukee for a short time in 2012 to become VP for a similar business in Chicago. His children had moved to San Diego years earlier, and he decided he wanted to be closer to them and their families. He accepted a VP position with the largest retailer in the Coachella Valley (Palm Springs area). During brief periods of retirement. he volunteered to provide advising services to the Coachella Valley SCORE (another partner of the SBA) chapter, eventually becoming vice-chair of the chapter. He also volunteered for the Coachella Valley Women's Business Center as a workshop presenter and periodic business advisor. In 2019, he and his wife decided to move to San Diego. Coincidentally, the East County Business Development Council had decided to host a new SBDC office just around this time. "They needed a workshop presenter, and I received strong referrals from both the CV SCORE chapter and the CVWBC. I was hired to present workshops but over time, many of my workshop clients asked me to advise them. Today, I have assisted over 80 clients, many of them on an ongoing basis." Jeff maintains that the work has been extremely gratifying. even more so during the pandemic. "When I can help struggling businesses survive these challenges, there is no better feeling."
JENN GARVEY
Growing up with a family of educators, Jennifer assumed an ongoing quest for knowledge where she learned to succeed in the intersection of technology and business owner effort. She has an associate's degree in computer science, a bachelor's degree in business, and an MBA in organizational leadership. She is a versatile executive with over 30 years of corporate experience, implementing strategic initiatives and executing programs with award-winning sales and marketing teams. At the EDC SBDC, Jennifer works with all types of clients, helping them with accounting, pivoting services, creating partnerships, and more. "I believe I am authentic, positive, and passionate with outstanding forensic accounting, negotiation, and process analysis skills," she says. "My inclination to seek to understand has fostered a culture where clients feel comfortable contributing to ongoing process improvement." She cultivates profitability by building processes and teams that support company visions through optimizing sales, reducing waste. clean data analytics, CRM implementation, people alignment, and crisis management. "I have assisted dozens of small businesses to get off the ground, scale to new heights, hire their first employee, and find access to capital." Advising sessions occur in one-hour intervals and are used to explore business possibilities, make progress on action items, and assign homework to be completed by future sessions. Each participant will meet for a minimum oflO hours with their advisor before moving on to the next stage of the program.
8
C. GROWTH PHASE
B. LAUNCH PHASE
After completing the required training and advising hours from the SBDC, the participant would begin preparing to launch the business. This process would largely involve locating and renting a space in the incorporated City of La Mesa and preparing the building for business launch.
Participants would continue to meet with their advisors regularly and take SBDC classes when applicable.
OUTCOMES OF THE LAUNCH PHASE:
• Business would obtain start-up materials
• Business would hire staff (if applicable)
• Business would renovate their space to prepare for
business launch
• Open for Business
The Growth Phase is the final stage of the La Mesa
Entrepreneurship Acceleration Program and would
guide the business as they operate in the City of La Mesa.
Participants wou!d continue to meet with advisors
regularly and take SBDC classes when applicable.
Businesses would focus on scaling their business to
increase their presence in the community, grow sales,
and work towards generating a profit.
OUTCOMES OF THE GROWTH PHASE:
• Business would develop a presence in the community
• Business would grow social media presence
• Business would increase their sales
• Business would promote inclusive economic growth
9 Page 239 of 250
B. ACCELERATOR PACKAGE
PROGRAM
AMOUNT
APPLICATION
PROCESS
MARKETING
SERVICES
OFFERED
GRANT
PROCESS
METRICS
REPORTED
$80,000
Google Form Application:
• Rubric listed on website for potential applicants to see scoring criteria • Applications screened for qualifying applicants
• City of La Mesa has access to the applicant database, including screening material
• City of La Mesa is given access to the application itself • Interviews are conducted for qualifying candidates
• Committee formed to evaluate best candidates
• Applicants are notified of status
• Website Page on the ECEDC site with resources
• Recorded webinar to walk applicants through the process • Marketed on YouTube and email marketing
• Custom Social Media posts designed for lnstagram, Twitter, Linked In, & Facebook
• Marketing push to the entire San Diego/ Imperial Valley SBDC clients in 'preventure' stage • Case Management
o Weekly ad min check-ins
o Email/phone access to advisors
o Detailed performance tracking
o Detailed performance
tracking/reporting
• 5 SBDC Class Program
4 Quarterly Payments of $5,000:
• Prioritized access to advisors with
time set aside to meet
• Advisor counseling weekly
• Monthly cohort meetings
• Site Selection Assistance
• Lease Negotiation
After the business has completed the Development Phase, the business would receive $5,000 and begin a quarterly review program. Upon review, if the business has continued attending counseling sessions and SBDC workshops and trainings, they would be given an additional $5,000, up to a total of $20,000.
Reported every month:
• # of Counseling hours and Type of
Counseling
• Total Contact Time and types
• # of Training Events Attended and type
• # of FT and PT employees
• # of Jobs Created
• Ownership Gender and Ethnicity
• Business Ownership Percentage
• Total Sales
• Gross Revenue
• Gross Exported Related Revenue
• Organization Type
• Profit/Losses
• Capital Infused
• ·census Tract
• , Opportunity Zone
• HUB Zone
• Client Surveys
• Detailed Client Update
• Company Veteran Status
• Company Refugee/Immigrant
Status
10
VI. RISKS
~~~ WHY INVEST IN ENTREPRENEURS WHEN CURRENT SMALL
~ ttJ ~ BUSINESSES ARE STRUGGLING BECAUSE OF THE COVID-19 PANDEMIC?
Over the course of the COVID-19 pandemic, there have been many programs to support existing small businesses through federal. state, and local initiatives. Many San Diego businesses that weathered the last year have received aid from several different sources, such as EIDL, PPP, and the California Relief Grant. As the San Diego community looks to rebuild and rebound from the effects of the pandemic. we need to develop and offer resources to grow the next generation of small business owners. Providing a robust program for entrepreneurs to develop new businesses in La Mesa will directly reduce the region's 5.7% unemployment level. reduce the 5.5% commercial vacancy rate, increase sales tax numbers, and bring new amenities to our local community. Supporting the creation of new businesses is a tangible way to stimulate the local economy, create jobs and opportunities, and begin to undo the damage wrought by COVID-19 and the corresponding shutdowns. LEAP will use a combination of platforms and databases to report the regions vacancy rates changes, new business starts, jobs created/retained, unemployment levels, capital infusion, and business owner demographics.
The La Mesa Entrepreneurship Acceleration Program would provide support for a group of people not addressed in prior stimulus programs and bring meaningful economic development to the City of La Mesa.
WHAT IS STOPPING SOMEONE FROM RECEIVING THE GRANT AND
DROPPING OUT OF THE PROGRAM WITHOUT USING THE FUNDS
FOR ENTREPRENEURSHIP?
The La Mesa Entrepreneurship Acceleration Program would address this risk through its robust screening process. In the application for the program, the applicant is asked to provide two character references/points of contact. Applicants would only be accepted if both character references can positively vouch for the applicant's character and responsibility. Additionally, every applicant is required to agree to the Terms & Conditions; this agreement states by joining the program and accepting the grant. the expenditure of funding is subject to review by the City of La Mesa, East County Economic Development Council. State of California, and the Federal Treasury and the funds may be audited and any expenditures inconsistent with the program guidelines are required to be returned. Applicants that do not agree to this clause. will not be accepted into the LEAP.
Lastly, every participant will be assigned a case manager that oversees regular communication with the participant. The case managers will provide a strong support system to keep participants informed, engaged, and always looking toward the next step in the program. ~A) WHAT IF THE LEAP BUSINESSES ARE NOT
~l rr SUCCESSFUL?
As with all startups, there is a risk that some businesses will not result in a profitable enterprise. LEAP will mitigate this risk by providing a comprehensive support system at each step of the program. Case managers and advisors will work with participants to keep them on track and address issues that their businesses may have. For example, if a business having trouble getting new customers, their advisor and/or case manager may recommend an extra marketing course or training to address that weakness.
The LEAP does not expect 100% of the start-ups to be successful. but ECEDC is confident that the vast majority of participants will result in successful businesses that will help the City of La Mesa bounce back from the losses suffered during the COVID-19 pandemic.
11
VII. OUTCOMES
The ECEDC expects the La Mesa Entrepreneurship
Acceleration Program to be successful in
providing unique economic development
opportunities to the San Diego Community. Some
of the expected outcomes include:
Money distributed to
local entrepreneurs
Start-ups developed and
supported
La Mesa commercial
vacancies decreased
Increased job
opportunity
The City of La Mesa generates additional
sales tax from the new businesses
La Mesa stimulates the local economy
through entrepreneurial support
12
~,tl J-:.~ CITYOF
/ ~~Fl LA MESA ~ " ) JEWEL of the HILLS ' ~::,- STAFF REPORT DATE:
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
March 22, 2022
SUBJECT: Consideration of the Community Development Block Grant (CDBG) program for Fiscal Year 2022-23 and substantial amendments to Fiscal Years 2019-20 and 2021-22
ISSUING DEPARTMENT: Community Development
SUMMARY
Issues:
1. Are the current CDBG program priorities in alignment with community needs?
2. How should the City program unexpended FY 2019-20 CARES Act allocations?
3. How should the City expend FY 2022-23 and prior year allocations? Recommendations:
1. Adopt the Resolution (Attachment A) approving an amendment to CARES Act allocations in the Fiscal Year 2019-20 Annual Action Plan and authorizing submittal to HUD.
2. Reaffirm CDBG program priorities and direct staff to draft and circulate for public review the FY 2022-23 CDBG Action Plan and amended FY 2021-22 Action Plan for HUD-funded activities and return to Council on April 26, 2022, for final review and approval.
Fiscal Impact:
There is no impact to the City's General Fund. Federal CDBG funds allow the City to support programs and complete projects that benefit low and moderate-income people and eliminate slum and blight. The City's CDBG entitlement funding allocation for FY 2022-23 has not yet been announced, but is expected to be approximately $450,000. In addition, the City has $36,422 unexpended CARES Act funding and $60,000 current and prior year funding available to reprogram. Activities proposed in the Action Plan will be adjusted to match the actual entitlement amount once the actual appropriation amount is known.
Report to Mayor and Councilmembers
Date: March 22, 2022
Page: 2 of 2
Strategic Goals:
• Revitalize neighborhoods and corridors
• Enhanced recreation and quality of life opportunities • Ensure safe and affordable homes for all current and future residents BACKGROUND:
As a CDBG entitlement community with a population of over 50,000, the City receives federal funds from HUD that can be used to carry out a wide range of community development activities directed toward neighborhood revitalization, economic development, and community facilities and services, with priority given to activities benefiting low and moderate income communities. La Mesa has participated in the CDBG program since the 1980s.
To remain eligible, the City is responsible for identifying community needs and priorities through the Consolidated Planning process. Every five years, the City is required to prepare a Consolidated Plan that establishes goals towards addressing those needs. Annual Action Plans are then developed to program activities that carry out the long term goals. The process , includes multiple opportunities for citizen participation. Fiscal year 2022-23 is Year 3 of the 2020-25 Consolidated Plan. The current CDBG program goals are as follows:
• Improve facilities and infrastructure
• Fair Housing
• Planning and Administration
• Homeless Services
• Public and Community Services
• Conserve the Housing Stock
The City's CDBG allocation has fluctuated over the
years, from a high of $689,000 in 1993, to a low of
$337,000 in 2012. Over the past ten years, funding has
been trending upward, with 24% growth since 2012. In
addition to the entitlement allocation, the City
periodically receives program income from a Housing
Rehabilitation Loan program that was CDBG-funded
prior to 2011 . Although the loan program is currently
suspended, under recommendation by HUD, annual
program income from repayment of outstanding loans
can be expected until all have been repaid.
HUD's three statutory program goals for serving lower
Ten-Year CDBG Allocation History
$500,000 -----------~
$400,000
$300,000
$200,000
$100,000
$0
income populations are: decent housing, a suitable living environment, and expanded economic opportunity. All of the City's CDBG-funded activities meet at least one of the statutory goals.
The CDBG program goals fit within the City Council's strategies and goals. Projects and activities funded with CDBG revitalize neighborhoods, enhance recreation and quality of life opportunities, and improve access to safe and affordable housing. These projects and activities
Report to Mayor and Councilmembers
Date: March 22, 2022
Page: 3 of 3
also help the City to improve public services and infrastructure and increase financial stability and public safety.
CARES Act funding is also prioritized to benefit low- and moderate-income persons. It is used exclusively to support pandemic response to prevent, prepare for, and respond to COVID-19.
For activities funded under the CARES Act, HUD has waived the 15% cap on public services DISCUSSION:
In addition to the annual allocation of $450,000 anticipated for FY 2022-23, current and prior year funding is also available, as follows:
• CARES Act funding of $36,442 is available from a homeless services activity completed in late 2021 and from unused program administration. • Current program year 2021-22 funding of $40,000 is available from a homeless services activity that was not carried out and from unused program administration. • Prior year funding of $20,000 is available from various sources, including program income.
Community participation is a key component of the consolidated planning process. In accordance with the City's adopted Citizen Participation Plan, two public hearings and a 30-day public review period are held annually. For activities funded under the CARES Act, HUD has waived the 15% cap on public services and has granted the City a waiver to allow for a reduced five-day public comment period and for virtual public hearings when necessary due to public health reasons. Notice of public hearing for this item was published in the Daily Transcript on March 9, 2022.
A detailed description of the various capital improvement, public service, and grant administration activities available for programming is provided below.
Improve Facilities and Infrastructure: Collier Park ($364,000) Available Budget: FY 2022-23: $334,000 + prior year: $20,000 FY 2021-22: $10,000
The highest CDBG funding priority identified by the community is capital improvements.
Investing in capital projects creates long-lasting neighborhood and community benefits. Collier Park is located in an eligible area and is suggested for funding in the upcoming year.
CDBG has long supported rehabilitation efforts at Collier Park. A need was identified by the community to create a safer, more active use park with improved connections to the neighborhood. Following adoption of the Collier Park Renovations Project Master Plan in 2015, Phase I improvements were completed in 2018. The Phase I scope included grading, new hardscape, new landscape, and irrigation improvements to the panhandle portion of the park, near the park entry. Implementation of the master plan is continuing. Phase II, which includes grading and landscaping, new restroom facilities, additional parking, roadway improvements, and security upgrades in the heart of the park is planned.
Report to Mayor and Councilmembers
Date: March 22, 2022
Page: 4 of4
An additional budget of $364,000, together with prior year CDBG allocations totaling $1.39 million and leveraged with $3 million in State Parks and Recreation funding and Prop 68 funds, will allow the city to complete Phase II in the coming year.
Homeless Services ($60,000)
Current funding: FY 2021-22: $30,000
Available budget: FY 2021-22: $30,000
CARES Act Homeless Housing Solutions ($166,372)
Current funding: CDBG-CV3: $129,930
Available budget: CDBG-CV1: $18,006
CDBG-CV3: $18,436
An annual public services budget of $30,000 was planned for allocation in 2021-22 for a housing specialist to find homes for people outside of the limited shelter system and to assist with stabilizing clients placed in bridge housing. That activity did not transpire and the funds are available for reallocation. The CARES Act Homeless Housing Solutions project is currently funded at $129,930 as a program to provide bridge housing using motel vouchers and homefinding services. Additional CARES Act budget of $36,442 is also available. These projects have overlapping scope and serve the same clientele.
Homeless services continue to be a critically important and an underserved need in the community. Outreach efforts coordinated through the City's person-centered Homeless Outreach and Mobile Engagement (HOME) program have identified a shortage of housing solutions. A single, coordinated housing stabilization program would most effectively provide a range of housing navigation services. Leveraged with American Rescue Plan Act (ARPA) funding, the project would fund a prevention and diversion specialist, motel vouchers, and flex funds for rental applications, utility deposits, and move-in cost assistance over a two-year period.
The total proposed CDBG budget is $226,372. The proposed scope of work fits within the existing Homeless Services and Homeless Housing Solutions project descriptions. Only the budget would change. A provider will be selected through an RFP process.
Fair Housing ($30,000)
Under the Consolidated Plan, fair housing services are funded as a public service program. Fair housing services are provided to the City by the Center for Social Advocacy (CSA) San Diego County. Each year, the City must certify to HUD that the City is affirmatively furthering fair housing and the contract with CSA helps the City meet this CDBG program implementation requirement. The City's contribution to CSA, combined with that of several other east county jurisdictions, including the cities of El Cajon, Santee, and Lemon Grove, supports this organization and furthers fair housing goals within La Mesa and the region. An allocation of $30,000 is consistent with prior years. This activity falls within the 20 percent administrative cap.
Planning and Administration ($50,000)
Planned administrative activities include preparation of annual plans and reports, environmental review of projects, contract administration, financial reporting, development of a Notice of Funding Availability for homeless services, subrecipient monitoring, and public outreach. This
Report to Mayor and Councilmembers
Date: March 22, 2022
Page: 5 of 6
activity falls within the 20 percent administrative cap.
Conserve the Housing Stock ($6,000)
Administrative activities associated with the housing rehabilitation loan program include monitoring the loan portfolio and processing loan pay-off paperwork. This activity falls within the 20 percent administrative cap.
Program Summary Table
Facility and Infrastructure Improvements
Collier Park Improvements 2022-23
Collier Park Improvements 2021-22
Total Facilities
Service Programs
Homeless Services 2022-23
Homeless Services 2021-22
CARES Act Homeless Housing Solutions
Fair Housing
CSA, San Diego County Fair Housing
Total Services
Planning and Administration
CDBG Program Administration
Housing Program Rehab Administration
Total Administration
Total
CONCLUSION:
Recommended
Funding Level
$354,000
$344,233
$698,233
$30,000
$30,000
$166,372
$30,000
$256,372
$50,000
$6,000
$56,000
$1,010,605
Description
Includes $20,000 prior year
Increase existing budget by $10,000
Housing stabilization
Housing stabilization
Housing stabilization
Fair housing and landlord/tenant
mediation
The current CDBG program priorities remain in alignment with community needs, with facility and infrastructure improvements being of the highest priority, followed by homeless services, fair housing, and program administration. Staff recommends that the Council:
1. Adopt the Resolution {Attachment A) approving an amendment to CARES Act allocations in the Fiscal Year 2019-20 Annual Action Plan and authorizing submittal to HUD.
2. Authorize staff to develop the FY 2022-23 Action Plan and FY 2021-22 Action Plan Amendment that allocates available funding to Collier Park improvements, homeless services, fair housing services, and program administration as described above and as adjusted to reflect the actual entitlement amount once appropriations are announced.
Report to Mayor and Councilmembers
Date: March 22, 2022
Page: 6 of 6
3. Direct staff to return to Council on April 26, 2022, for final review and approval of the FY 2022-23 Action Plan for HUD-funded activities.
Reviewed by:
Greg Humora
City Manager
Respectfully submitted by:
Attachment: A - Draft City Council Resolution
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
APPROVING A SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2019-20
ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM TO PROGRAM CDBG CORONAVIRUS (CDBGCV1 AND CDBG-CV3) FUNDS AND AUTHORIZING SUBMITTAL TO THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
WHEREAS, the City of La Mesa is an entitlement city• in ac:cord~nc:e ~ith the regulations of the Community Development Block Grant (CDBG) Program Guide,li.nes .• established by the United States Department of Housing and Urban Development (HUC>)( .... . .
WHEREAS, the City of La Mesa has prepared aJive-year Co~!j1idited Plan for Community Development which establishes funding priorities >for the CDBG ahd HOME programs for the period July 1, 2015, to June 30, 2020; · · · · WHEREAS, on April 23, 2019, the City Coun,cil 9<:iopted a resolLition approving the FY 2019-20 Annual Action Plan for HUD funding prpgrams}~llocating a t6tal of $413,091 in new funding and $24,000 of prior year funding to eligible projefctf~nd programs; , . ., .
WHEREAS, on May 26, 2020, the d\K,; Co9ncil . :dor,t¢d a resolution approving a substantial amendment to the FY 2019-2()Annual Ac:.tion Plat"!, allocating a total of $262,416 in CDBG-CV1 Coronavirus Aid, Relief, >a11~:FEconomic s~:9yrity'(CARES) Act funding to homeless services;
WHEREA$r<gni/j=l6rtlciry 9, 2621'.tn~ City Council adopted a resolution approving a substantial ame11drheriftdt1iifY~919-20 Anr1ucllAction Plan, allocating a total of $486,366 in CDBG-CV3.Qoronavirus Aid, R~.li~f;.and Econ~mic Security (CARES) Act funding to homeless services c;\ndhousing stability servi<::~s,;
. . W~E.BEAS, at this time thJ~Bity of La Mesa has unexpended CARES Act funding in the amount of $3.6;442 available for reallocation;
WHEREi~,l1J>~sing navJ6:tion as a homeless services program has been identified as a priority community 6~¢d; · ··
WHEREAS, fo>~itl~ities funded under the CARES Act, HUD has waived the 15% cap on public services an.d/has granted the City a waiver to allow for a reduced five-day public comment period and for virtual public hearings when necessary due to public health reasons; WHEREAS, the City Council held a public hearing on March 22, 2022, to ensure adequate opportunity for public participation in the re-programming of the unallocated funds; and
WHEREAS, the City will incorporate public comments received into the final submission of said Plan.
NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, as follows;
1. That the foregoing fact and determinations are true and hereby made a part hereof.
2. That the City Council hereby approves a substantial amendment to the Annual Action Plan for FY 2019-20 to reallocate $36,442 CARES Act funding to homeless services.
3. That the City Council hereby authorizes allocation and submission of the amended Annual Action Plan for FY 2019-20 to HUD with<>.th.e req4ired certifications, applications, and agreements for the full implemenfatiori of.the activities funded under the Plan. · · · · ·
PASSED AND ADOPTED at a Regular meeting :qf'.the .City Cou~cil of the City of La Mesa, California, held the 22nd day of March, 2022, by the foll6vvi6g vote, to wit(> <• \ AYES:
NOES:
ABSENT:
~ . , . ' .
CERTIFIQ.A.JE OF CITY CLERK ,·, ·,
I, MEGAN WIEGELMAN, th~ City.Clerk of the City of La Mesa, California do hereby certify the foregoing to be a true and exact copy of Resolution No. 2022- , duly passed and adopted by the City pounciLof ~aid City oH the date and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)