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REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: November 22, 2022
SUBJECT: CONSIDERATION OF PROJECT 2022-1417 (JONES),
A REQUEST FOR A PROPERTY PRESERVATION
(MILLS ACT) AGREEMENT FOR THE ROACHPORTER HOUSE, A LOCALLY DESIGNATED HISTORIC LANDMARK LOCATED AT 4990 PORTER
HILL ROAD, APN 494-820-05-00 AND 494-820-06-00,
IN THE R1 (URBAN RESIDENTIAL) ZONE
ISSUING DEPARTMENT: Community Development
SUMMARY:
Issue:
Should the City enter into property preservation (Mills Act) agreement with the owner of the Roach-Porter House, a locally designated historic landmark? Recommendation:
The Historic Preservation Commission recommends that the City Council adopt a resolution (Attachment A) authorizing a Mills Act Property Preservation Agreement with the owner of the Roach-Porter House located at 4990 Porter Hill Road.
Fiscal Impact:
The amount of property tax to the City would be reduced by approximately $950 annually. In exchange for discounted property taxes, the City receives guaranteed property maintenance and improvements to ensure the ongoing preservation, rehabilitation, and restoration of Mills Act properties. Well maintained historic landmarks can increase property values in the neighborhood.
Report to Mayor and Councilmembers
Date: November 22, 2022
Page: 2 of 4
City’s Strategic Goals:
Revitalize neighborhoods and corridors
Ensure safe and affordable homes for La Mesa's current and future residents
Environmental Review:
This project is categorically exempt from environmental review pursuant to CEQA Guidelines Sections 15301 and 15331.
BACKGROUND:
The 0.75-acre subject property is located on the west side of Porter Hill Road, north of Roach Drive, in the Porter Hill neighborhood. Surrounding development consists of single-family residences to the north, south, and east, and the La Mesa Community Center, which is part of MacArthur Park, to the west. Existing improvements on the site are comprised of a one-and-a-half-story residence on a high raised foundation, a detached workshop building, and mature landscaping. A vicinity map is shown below, and the Assessor Parcel Map is provided as Attachment B. Photographs are provided as Attachment C.
The residence on the site, the 1893 RoachPorter House, obtained historic landmark designation from the City in 2003. Resolution
No. 2003-090 is provided as Attachment D.
It is one of only a few surviving 19th century
residences in La Mesa and is an unusual
example of French Colonial design influence.
The original owner, Henry Roach, was a Civil
War veteran and Texas merchant who had
the house built for use as a summer home.
By 1905, Henry and Elizabeth Porter had
acquired the property from Susan Roach and
renamed the house “Ping An Shan,” or Hill of
Peace. The Porters had lived in China for 30
years before retiring to La Mesa at the outset
of the Boxer Rebellion. One of their children,
James T. Porter, was a well-known artist and sculptor. The accessory structure in the rear yard was Mr. Porter’s art studio. The full statement of significance and physical description are provided in the landmark nomination report, Attachment E. An early photo of the house is shown below.
Report to Mayor and Councilmembers
Date: November 22, 2022
Page: 3 of 4
California Government Code Section 50280 et
seq. authorizes local governments to enter
into property preservation agreements with
owners of qualified historical properties for the
purpose of preserving, maintaining, and
restoring historic properties through reduced
property tax assessments. Locally designated
historic landmarks are eligible to participate in
the program, which is known as the Mills Act.
A Mills Act agreement has a 10-year term that
self-renews annually on the anniversary of its
effective date. The annual renewal
automatically adds one year to the initial term of the agreement, so that the remaining term is always 10 years unless either party files a notice of non-renewal.
At the property owner’s request, on October 4, 2022, the Historic Preservation Commission voted 6-0 to adopt a resolution recommending that the City Council authorize a Mills Act Preservation Agreement for the property. A resolution memorializing the HPC’s action is provided as Attachment F.
DISCUSSION:
The property was until recently in the
ownership of descendants of the Porter family.
A property preservation agreement was not put
into place at the time of landmarking because it
would not have provided any tax benefit to the
long-time owners. The new owner wishes to
establish a Mills Act agreement to fund
improvements to and maintenance of the
property.
The resource is in excellent condition. Two
alterations have occurred since historical
designation in 2003. The first was a re-roofing project in 2012 to replace wood shake shingles with simulated shake asphalt shingles. The second project involved alterations to the detached accessory structure in the rear yard. Certificates of Appropriateness were granted by the HPC for both.
The new owner has already completed upgrades to electrical and plumbing systems and foundation repairs. Future improvements identified by the owner that would be
Report to Mayor and Councilmembers
Date: November 22, 2022
Page: 4 of 4
funded with the Mills Act tax savings and included in the Mills Act agreement are as follows:
Install additional exterior porch lighting (by 2026)
Replace HVAC system, remove window AC units, and either install central air or mini split units in each bedroom (by 2028)
Repair or replace damaged garage doors (by 2028)
CONCLUSION:
The Historic Preservation Commission recommends that the City Council adopt the draft resolution provided as Attachment A authorizing execution of a Mills Act Preservation Agreement for the Roach-Porter House at 4990 Porter Hill Road.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Kerry Kusiak
City Manager Director of Community Development
Attachments:
A. Draft Council Resolution for Mills Act Agreement
B. Assessor Parcel Map Sheet
C. Photographs
D. City Council Resolution No. 2003-090
E. Historic Landmark Report
F. Resolution HPC 2022-07 Recommending a Mills Act Agreement
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
AUTHORIZING EXECUTION OF A HISTORIC LANDMARK PROPERTY
PRESERVATION AGREEMENT WITH THE OWNERS OF THE HISTORIC
LANDMARK KNOWN AS THE ROACH-PORTER HOUSE LOCATED AT 4990 PORTER HILL ROAD, APN 494-820-05-00 AND 494-820-06-00
________________________________________________________________ WHEREAS, Jeffrey W. Jones and Julie A. Jones, trustees of the Jones Family Trust dated July 1, 2001, owners of the property located at 4990 Porter Hill Road, APN 494-820-05-00 and 494-820-06-00 in the R1 (Urban Residential) zone, wish to protect and preserve the characteristics of historical significance of their historic property by entering into an Historic Landmark Property Preservation Agreement authorized under the Mills Act with the City; WHEREAS, properties listed on the City of La Mesa Historic Landmarks Registry are eligible, by Historic Landmark Property Preservation Agreement, for an assessment of valuation pursuant to the Provisions of Chapter 3, part 2, of Division 1 of the California Revenue and Taxation Code, also known as the Mills Act;
WHEREAS, on July 22, 2003, the City Council of the City of La Mesa adopted Resolution No. 2003-090 designating the Roach-Porter House located at 4990 Porter Hill Road as a historic landmark; and
WHEREAS, the City Council of the City of La Mesa did hold a duly noticed public meeting November 22, 2022, considered a staff report, and accepted public testimony in considering the request for a Historic Landmark Property Preservation agreement.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
1. That the project is exempt from environmental review under California Environmental Quality Act Guidelines Sections 15301 and 15331. Section 15301 exempts activities involving negligible or no expansion of use of an existing facility.
Section 15331 exempts the preservation and conservation of historical resources when carried out in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. The project serves to protect the resource by ensuring that future alterations are subject to the standards described in Section 15331. The project meets the criteria for the exemptions and none of the exceptions listed in Section 15300.2 apply.
2. That the project is consistent with the La Mesa General Plan.
3. That the project complies with California Government Code Sections 50280 et seq. as set forth in the Historic Landmark Property Preservation Agreement.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA MESA AS FOLLOWS:
1. The foregoing findings of fact and determinations are true and hereby made a part hereof.
2. That the Mayor is hereby authorized and instructed to execute for and on behalf of said City that certain Historic Landmark Property Preservation Agreement with Jeffrey W. Jones and Julie A. Jones, owners of the Historic Landmark known as the Poach-Porter House located at 4990 Porter Hill Road, to be kept on file in the office of the City Clerk, subject to the following improvement schedule that shall be placed in a timeline as an attachment to the agreement:
a. Install additional porch lighting (by 2026).
b. Repair HVAC system, remove window AC units, and either install central air or mini-split units in each bedroom (by 2028).
c. Repair or replace damaged garage doors (by 2028).
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 22nd day of November, 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 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)
View of south elevaƟon from 2004.
Project 2022‐1417 4990 Porter Hill Road
Current street view from Porter Hill Road.
Current exterior views of the house and accessory building Project 2022‐1417 4990 Porter Hill Road Page 190 of 343
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: November 22, 2022
SUBJECT: Resolution of the City of La Mesa to Approve Revisions to the Utility Easement Reservations of the Quitclaim
Deed and Right-of-Way Vacation at 4243 Summit Drive
ISSUING DEPARTMENT: Public Works
SUMMARY:
Issues:
Should the City of La Mesa approve a Resolution making revisions to the utility easement reservations of the quitclaim deed and right-of-way vacation at 4243 Summit Drive approved by the City Council on October 12, 2021? Recommendation:
Staff recommends that the City of La Mesa approve the Resolution making revisions to the utility easement reservations of the quitclaim deed and right-ofway vacation at 4243 Summit Drive approved by the City Council on October 12, 2021.
Fiscal Impact:
There is no financial impact of this action on the City’s General Fund. All fees associated with this Resolution will be paid by the property owner.
City’s Strategic Goals:
Revitalize neighborhoods and corridors
BACKGROUND:
On October 12, 2021, the City Council approved Resolution 2021-124 (Attachment B) for the sale of excess public right-of-way, a dedication of public right-of-way, and a quitclaim deed of remnant parcels to the property owner of 4243 Summit Drive so that the property owner could develop a residence on the vacant parcels including the
Report to Mayor and Councilmembers
Date: November 22, 2022
Page: 2 of 2
former site of a Helix Water District tank. At the time of property transfer, utility easements were reserved over the conveyed properties. However, during the development of the plans for the new residence, a modification to those utility easements has been requested by the property owner.
DISCUSSION:
Staff has reviewed the attached revised quitclaim deed and vacation of right-of-way (Exhibits A and B to the Resolution), which describes more accurately the precise nature of the utility easements that need to be enacted. The revisions revert the broad language included in the October 2021 documents to that which appeared on the 1949 original property records. The property owner has indicated that this language is comparable and allows the residence to be constructed. If the revised language is approved by the City Council, the property owner will record the documents.
CONCLUSION:
Staff recommends that the City of La Mesa approve the Resolution making revisions to the utility easement reservations of the quitclaim deed and right-of-way vacation at 4243 Summit Drive approved by the City Council on October 12, 2021.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael Throne, PE
City Manager Director of Public Works
Attachments: A. Draft Resolution
B. Resolution No. 2021-124
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
APPROVING REVISIONS TO THE UTILITY EASEMENT RESERVATIONS OF THE QUITCLAIM DEED AND RIGHT-OF-WAY VACATION AT 4243 SUMMIT DRIVE
WHEREAS, The City Council approved Resolution 2021-124 ordering the sale of remnant parcels and excess street right-of-way and its transfer to the property owner of 4243 Summit Drive including the reservation of utility easements; and
WHEREAS, The property owner has requested that the description of the utility easements be revised to reflect the property’s original 1949 recorded utility easements so as to facilitate the development of a new residence.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the City Council in approves revisions to the utility easement reservations of the quitclaim deed and right-of-way vacation at 4243 Summit Drive as shown on Exhibit A and B to this Resolution.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 22
nd day of November 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)
CRAHA.101.1135306.2
RECORDING REQUESTED BY:
T&S Summit LLC
Attn: Victoria J. Crandall, Manager
929 Agate Street
San Diego, CA 92109
MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:
T&S Summit LLC
Attn: Victoria J. Crandall, Manager
929 Agate Street
San Diego, CA 92109
APN: 470-680-46 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE
CORRECTIVE QUITCLAIM DEED
This CORRECTIVE QUITCLAIM DEED is made as of September 9, 2022, and given by the City of La Mesa, a municipal Corporation (“City”), to T&S Summit LLC, a California limited liability company, to delete and terminate the reservation of easement in favor of SDG&E described in that Quitclaim Deed referenced in the following paragraph (“Existing Quitclaim Deed”), and to confirm that the property described in Exhibit A and depicted in Exhibit B to the Existing Quitclaim Deed is transferred subject to that recorded right of way easement in favor of SDG&E described below.
City made, executed and delivered to T&S Summit, LLC, a California limited liability company, a Quitclaim Deed which was recorded in the Official Records of the San Diego County Recorder’s Office (“Official Records”) on December 8, 2021, as Document Number 2021-0832687.
CORRECTION. The entire paragraph regarding a reservation of easement by City set forth in the Existing Quitclaim Deed, beginning with “With regard to Parcel “B” of said exhibit the following reservation of easement remain in effect:
Excepting and reserving…”, is hereby deleted, terminated, and replaced with the following:
This remise, release, and quitclaim of the Property is subject to those easements recorded in the Official Records, including but not limited to that certain Right of Way in favor of San Diego Gas & Electric Company and its successors and assigns executed November 15, 1948, which was recorded on November 1, 1949, in the Official Records in Book 3371, Page 181.
CITY OF LA MESA, A MUNICIPAL CORPORATION
By: _______________________________________
Name:_____________________________________
Its: _______________________________________
CRAHA.101.1135306.2
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF ____________ )
On _______________________, 2022, before me, ________________________________, a notary public, personally appeared ______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
___________________________________________
Notary Public
(seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
CRAHA.101.1142331.3
RECORDING REQUESTED BY:
T&S Summit LLC
Attn: Victoria J. Crandall, Manager
San
929 Agate Street
San Diego, CA 92109
WHEN RECORDED MAIL TO:
T&S Summit LLC
Attn: Victoria J. Crandall, Manager
929 Agate Street
San Diego, CA 92109
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE
CORRECTIVE VACATION OF RIGHT OF WAY
This CORRECTIVE VACATION OF RIGHT OF WAY is made as of September 9, 2022, and given by the City of La Mesa, a municipal Corporation (“City”), to T&S Summit LLC, a California limited liability company, to delete and terminate the reservation of easement in favor of SDG&E described in that Vacation of Right of Way referenced in the following paragraph (“Existing Vacation of Right of Way”), and to confirm that the property described in Exhibit A and depicted in Exhibit B to the Existing Vacation of Right of Way is remised, released, and vacated subject to that recorded right of way easement in favor of SDG&E described below.
City made, executed and delivered to T&S Summit, LLC, a California limited liability company, a Vacation of Right of Way which was recorded in the Official Records of the San Diego County Recorder’s Office (“Official Records”) on December 2, 2021, as Document Number 2021-0821672.
CORRECTION. The entire paragraph regarding a reservation of easement by City set forth in the Existing Vacation of Right of Way, beginning with “Excepting and reserving an easement unto SDG&E…” is hereby deleted, terminated, and replaced with the following:
This remise, release, and vacation of the Property is subject to those easements recorded in the Official Records, including but not limited to that certain Right of Way in favor of San Diego Gas & Electric Company and its successors and assigns executed November 15, 1948, which was recorded on November 1, 1949, in the Official Records in Book 3371, Page 181.
CITY OF LA MESA, A MUNICIPAL CORPORATION
By: _______________________________________
Name:_____________________________________
Its: _______________________________________
CRAHA.101.1142331.3
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF ____________ )
On _______________________, 2022, before me, ________________________________, a notary public, personally appeared ______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
___________________________________________
Notary Public
(seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
DOC# 2021- 0746096
RECORDING REQUESTED BY:
La Mesa City Clerk
Fee exempt per
Government Code Section 6103
Government Code Section 27383
IIIIII IIIII IIIII IIIII IIII IIIIII IIIII IIIII IIIII IIIII IIIII IIIII Ilil illl Oct 27, 2021 09:07 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 ( SB2 Atkins: $0.00)
PAGES: S
WHEN RECORDED RETURN TO:
Megan Wiegelman, CMC, City Clerk
City of La Mesa
P. O. Box 937
La Mesa, CA 91944-0937
Space Above for Recorder's Use Only
RESOLUTION NO. 2021- 124
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA TO APPROVE
THE QUIT CLAIM OF REMNANT PARCELS, SUMMARY VACATE EXCESS
PUBLIC RIGHT OF WAY AND ACCEPT THE DEDICATION OF PUBLIC RIGHT OF WAY FRONTING 4243 SUMMIT DRIVE, PER WINDSOR HILLS MAP NO. 19707 RECORDED DECEMBER 10, 1926
THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
RESOLUTION NO, 2021- 124
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA TO
APPROVE THE QUIT CLAIM OF REMNANT PARCELS, SUMMARY VACATE
EXCESS PUBLIC RIGHT OF WAY AND ACCEPT THE DEDICATION OF PUBLIC RIGHT OF WAY FRONTING 4243 SUMMIT DRIVE, PER WINDSOR HILLS MAP NO, 1970, RECORDED DECEMBER 10, 1926
WHEREAS, an easement and right-of-way for public road purposes was granted to the City of La Mesa on Windsor Hills, Map No, 1970, recorded on December 10, 1926 in the office of the San Diego County Recorder, San Diego California; WHEREAS, the surrounding property owner, T&S Summit, LLC, has requested the following related to Attachment " B"; the City to quit claim parcels A, B, and C, accept the dedication of parcels D and E and the City to summary vacate parcel. G, all to facilitate development and use of their property;
WHEREAS, the City of La Mesa holds parcels A, B and C of public property in fee title and it is required by law to have the property appraised prior to vacation; WHEREAS, parcels A, B and C have been appraised and the developer has agreed to pay $8, 162.001
WHEREAS, the Gity has agreed to accept the dedication of parcels D and E for public use as general utility easements and public right of way; WHEREAS, Section 8331, et seq., of the California Streets and Highways Code provides the criteria for summary vacation of public right of way, parcel G, or easements in both of the following cases,
a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel.
b) No public money was expended for maintenance on the street or highway during such period.
WHEREAS, Section 8334, et seq., of the California Streets and Highways Code provides the criteria for summary vacation of public right of way in any of the following cases:
a) Excess right-of-way of a street or highway is not required for street or highway purposes.
b) A portion of a street or highway lies within property under one ownership and that does not continue through such ownership or end touching property of another.
WHEREAS, the City Council finds that:
a) No public money was expended far maintenance on the street or highway during such period.
b) There is no present or prospective use for the right of way for which it was originally acquired or for any other public use of a like nature that can be anticipated; c) The right-of-way for public road purposes has been determined to be excess and there are no other public facilities located within the easement and right of way considered to be vacated;
d) The surrounding property owner will benefit from the vacation through improved utilization of the land; and
e) The vacation is consistent with the general plan or an approved community plan.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, as follows:
1. Parcels A, B and C of Attachment "B" are Quitclaimed, dedication of Parcels D and E are accepted as public right-of-way for road purposes and that the right-of-way for public road purposes by deed recorded on March 6, 1991, Document No. 1991-
0096875 and as described in Attachment "B", be ordered vacated.
2. That the City Clerk of the GI of La Mesa, California shall cause a certified copy of this resolution, attested to under the seal of the City of La Mesa, with exhibits, to be recorded in the office of the County Recorder of San Diego County, State of California.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 12t" day of October 2021, by the following vote, to wit% AYES: Councilmembers Baber, Parent, 0" u, and Mayor Arapostathis NOES: None
ABSENT: None
CERTIFICATE OF THE CITY CLERK
I, MEGAN WEIGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a firue and exact copy of Resolution No. 2021- 124, duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WEIGELMAN, CMC, City Clerk
SEAL OF CITY)
CITY OF
EWEL of the HILLS
State of California
ss
County of San Diego
CERTIFICATE OF CITY CLERK
I, Megan Wiegelman, City Clerk of the City of La Mesa, California, do hereby certify that the attached is a true and exact copy of City of La Mesa Resolution No. 2021- 124 dated October 12, 2021. The original of said document is on file in the Office of the City Clerk.
Date: October 19, 2021
Megar';
liegelman, C
8130 ALLISON AVENUE LA MESA, CA 91942 TEL; 619.463.661 I FAX: 619.667. 1 13 I
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: November 22, 2022
SUBJECT: RESOLUTIONS FOR APPLICATION TO THE STATE
WATER RESOURCES CONTROL BOARD FOR A
STATE REVOLVING FUND (SRF) LOAN FOR A
SEWER INFLOW AND INFILTRATION MITIGATION
PROJECT
DESCRIPTION: A. RESOLUTION AUTHORIZING THE SUBMITTAL OF
AN APPLICATION TO THE CALIFORNIA STATE
WATER RESOURCES CONTROL BOARD FOR A
STATE REVOLVING FUND LOAN FOR THE SEWER
INFLOW AND INFILTRATION MITIGATION PROJECT
PHASE 7 FOR AN AMOUNT NOT-TO-EXCEED
$7,000,000.
B. RESOLUTION ADOPTING A CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
CATEGORICAL EXEMPTION FOR THE SEWER
INFLOW AND INFILTRATION MITIGATION PROJECT
PHASE 7 AND FORMALLY ADOPTING THE PROJECT
FOR PURPOSES OF STATE REVOLVING FUND
SUBMITTAL TO THE CALIFORNIA STATE WATER
RESOURCES CONTROL BOARD.
C. RESOLUTION PLEDGING REVENUES AND FUNDS
TO REPAY THE STATE REVOLVING LOAN FOR THE
SEWER INFLOW AND INFILTRATION MITIGATION
PROJECT PHASE 7.
D. RESOLUTION APPROVING THE
REIMBURSEMENT OF PROJECT EXPENDITURES
FOR THE SEWER INFLOW AND INFILTRATION
MITIGATION PROJECT PHASE 7 IN AN AMOUNT
NOT-TO-EXCEED $7,000,000.
ISSUING DEPARTMENT: PUBLIC WORKS
Report to Mayor and Councilmembers
Date: November 22, 2022
Page: 2 of 6
SUMMARY:
Issues:
Should the City Council approve the attached Resolutions:
A. Authorizing the submittal of an application to the State Water Resources Control Board for the Sewer Inflow and Infiltration Mitigation Project for an amount not-to-exceed $7,000,000; and B. Adopting a CEQA Categorical Exemption for the Sewer Inflow and Infiltration Mitigation Project Phase 7 and formally adopting the project for submittal to the State Water Resources Control Board; and
C. Pledging Revenues and funds to repay the State Revolving Loan for the Sewer Inflow and Infiltration Mitigation Project Phase 7; and D. Approving the reimbursement of project expenditures for the Sewer Inflow and Infiltration Mitigation Project Phase 7 for an amount notto-exceed $7,000,000? Recommendation:
Approve the resolutions for a State Revolving Fund loan by approving the following resolutions as required by the State Water Resources Control Board (Attachments A-D):
A. Authorizing the submittal of an application to the State Water Resources Control Board for the Sewer Inflow and Infiltration Mitigation Project for an amount not-to-exceed $7,000,000; and B. Adopting a CEQA Categorical Exemption for the Sewer Inflow and Infiltration Mitigation Project Phase 7 and formally adopting the project for submittal to the State Water Resources Control Board; and
C. Pledging Revenues and funds to repay the State Revolving Loan for the Inflow and Infiltration Mitigation Project Phase 7; and D. Approving the reimbursement of project expenditures for the Inflow and Infiltration Mitigation Project Phase 7 for an amount not-toexceed $7,000,000.
Report to Mayor and Councilmembers
Date: November 22, 2022
Page: 3 of 6
Fiscal Impact:
Funds for the repayment of the SRF loan are anticipated to be available from future wastewater revenues. All expenditures for this loan will be made solely from wastewater funds. No General Fund monies will be used for this project.
City’s Strategic Goals:
Continue to improve high quality municipal services
Environmental Review:
This Project is categorically exempt pursuant to CEQA Section 15302(c), Replacement of Existing Facilities.
BACKGROUND:
Storm water inflow and infiltration (I&I) occurs when the sewer system deteriorates and allows for storm water and/or ground water to enter the wastewater pipes. This I&I (typically caused by pipe joint leakage) occurs during rain events when the pipe is conveying significantly more volume than its intended design. These excessive flows in the sewer system can lead to sanitary sewer overflows (SSOs) during heavy rainfall events. Eliminating inflow and infiltration will reduce the City’s financial environmental liabilities and potential for regulatory fines caused by sanitary sewer overflow.
The City will also reduce its wastewater treatment and transportation costs to the City of San Diego. Consequently, the lower sewer flow puts fewer burdens on the treatment plant and any reduction of sewer flows into the regional facilities will assist with the environmental challenges associated with sewer treatment. Finally, reductions in flow and costs will also benefit La Mesa rate payers in the long run.
The City of La Mesa’s wastewater CIP goals are to:
Avoid sanitary sewer overflows;
Reduce financial burdens;
Enhance the environment; and
Reduce the required maintenance efforts.
DISCUSSION:
Project Description
The Sewer Inflow and Infiltration Project Phase 7 contains a notable amount of concrete sewer pipe and slip lined pipe. Both concrete and slip lined pipe generally contribute a
Report to Mayor and Councilmembers
Date: November 22, 2022
Page: 4 of 6
significant amount of inflow and infiltration due to their poor condition or restricted capacity. This project is in one of the University sewer basins in the Eucalyptus Hill/College Streets neighborhood bound by University Avenue to the south, Santa Maria Drive to the north, Harbinson Avenue to the west and Pomona Avenue to the east (Attachment E). This basin was tributary to a large SSO in 2010. The project includes 43 sewer pipe segments totaling approximately 10,200 linear feet of replacement and rehabilitation, and 52 manholes.
The City of La Mesa has previously received six State Revolving Fund (SRF) loans for sewer I&I mitigation and trunk line projects beginning in 2004 (Attachment F). The SRF loans have allowed the City to address the systemic wastewater issues that would otherwise not be addressed due to the project size, costs, and City CIP budget limitations.
The cost of the project is estimated at $7,000,000. This includes planning, design, environmental study, surveying, construction, inspection, construction management and administration costs. Due to the magnitude of the cost being beyond the City’s CIP budget, the City is proposing to apply for a new SRF loan. No City funds are allocated for this project under the approved CIP budget. It is proposed that the City should proceed in applying for SRF funding to expedite the replacement of the concrete sewer pipe and avoid potential liabilities, additional costs and environmental issues that may arise. However, it should be noted that applying for and eventual approval of the loan does not obligate the City financially or legally to receive the funds and proceed with the project.
Upon approval of the City’s application by the State Water Board, staff will seek the City Council’s approval throughout the delivery of the project from acceptance of the loan to the construction award via individual contract award actions based on the City’s purchasing rules.
The following are the major milestones to complete the project after approval of the loan, which is anticipated to take two years to complete:
1. Complete the design, bid, and environmental package.
2. Execute a loan agreement.
3. Advertise award a construction contract.
4. Complete the construction.
Funding and Loan
The current status of the project is that of initial application; the State Water Board has been made aware of the City’s intent to submit this project and the scope of the preliminary design. Once the project is fully designed and the environmental study is completed, the project can be fully submitted and scored by the State. Projects are funded based on score and funding available. City staff believes that a fully completed
Report to Mayor and Councilmembers
Date: November 22, 2022
Page: 5 of 6
package is likely to be funded after the December 31, 2022 deadline, based on conversations with State Board staff. The Resolutions attached to this report are required steps to be completed for the submittal of the funding package.
Based on the current design, it is estimated that an SRF loan of $7,000,000 will fully fund the project, including planning, design, construction, construction management, and project administration.
No City funds are allocated for this project under the approved FY23 CIP budget. The anticipated future wastewater CIP available for this project is estimated to be $500,000 annually. Under a pay as you go funding scenario by the City, the project would not be able to be constructed until 2035; that is without utilizing the SRF process.
However, using an SRF loan the project would allow an earlier completion. Upon approval of the City’s application by the State Water Board and the City’s acceptance of the loan, the City will be required to make annual repayments towards the loan for 20 years starting one year after the date of completion of the construction. Using a 1.8% rate, the annual payment would be $420,000 with a total finance cost of $1,400,000, which is anticipated to be available from the annual wastewater revenues. This would allow the project to start construction by early 2024 based on the assumption that all required permits are obtained and the project is funded.
Environmental
At this time, the Project is seeking a Categorical Exemption based on and in accordance with the California Environmental Quality Act Section 15302(c), Replacement of Existing Facilities. The project meets all the conditions necessary to quality for the exemption: replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.
Report to Mayor and Councilmembers
Date: November 22, 2022
Page: 6 of 6
CONCLUSION:
Since the use of an SRF loan would allow an earlier completion and reduce the risk of further sewer spills, staff recommends that the City Council adopt the attached Resolutions required to obtain a State Revolving Fund loan for Phase 7 of the Sewer Inflow and Infiltration Project.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael Throne
City Manager Director of Public Works
Attachments:
A - Resolution- Authorizing Submittal of an Application B - Resolution- Resolution Adopting CEQA Exemption
C - Resolution-Pledging Revenue and Funds to Repay the Loan D- Resolution- Reimbursement of Expenditure
E- Project Location Map
F- City of La Mesa SRF Loan Repayment Schedules
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA
STATE WATER RESOURCES CONTROL BOARD FOR A STATE REVOLVING
FUND LOAN FOR THE SEWER INFLOW AND INFILTRATION MITIGATION PROJECT PHASE 7 IN AN AMOUNT NOT-TO-EXCEED $7,000,000
WHEREAS, this project will advance the City’s goal of continuing to improve high quality municipal services;
WHEREAS, the City’s wastewater capital improvement goals focus on replacement and/or rehabilitation of pipe with inadequate capacity, and/or in poor condition, and reduction of inflow and infiltration;
WHEREAS, the cost of this project is estimated at $7,000,000; WHEREAS, the City of La Mesa (Agency) desires to finance the costs of the project; WHEREAS, the City of La Mesa intends to finance the planning, design, construction and construction management of the Project moneys (“Project Funds”) provided by the State of California, acting by and through the State Water Resources Control Board (State Water Board);
WHEREAS, the State Water Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal tax purposes (the “Obligations”);
WHEREAS, prior to either the issuance of the Obligations or the approval by the State Water Board of the Project Funds the Agency desires to incur certain capital expenses (the “Expenditures”) with respect to the Project from available monies of the Agency; and WHEREAS, the Agency has determined that those monies to be advances on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the Agency for the Expenditures form the proceeds of the Obligations.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, ORDERED, AND DETERMINED AS FOLLOWS:
The Mayor of the City of La Mesa (the “Authorized Representative”) or Director of Public Works as the Mayor’s authorized designee is hereby authorized and directed to sign and file, for and on behalf of the City of La Mesa, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of the Sewer Inflow and Infiltration Mitigation Project Phase 7 (the “Project”).
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 22nd day of November 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 WEIGELMAN, CMC, City Clerk
(SEAL OF CITY)
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
ADOPTING A CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
CATEGORICAL EXEMPTION FOR THE SEWER INFLOW AND INFILTRATION MITIGATION PROJECT PHASE 7 AND FORMALLY ADOPTING THE
PROJECT FOR PURPOSES OF STATE REVOLVING FUND SUBMITTAL TO
THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD
WHEREAS, this project will advance the City’s goal of continuing to improve high quality municipal services;
WHEREAS, the City’s wastewater capital improvement goals focus on replacement and/or rehabilitation of pipe with inadequate capacity, and/or in poor condition, and reduction of inflow and infiltration;
WHEREAS, the cost of this project is estimated at $7,000,000; WHEREAS, the City of La Mesa desires to finance the costs of the project; WHEREAS, the City of La Mesa intends to finance the planning, design, construction and construction management of the Project moneys (“Project Funds”) provided by the State of California, acting by and through the State Water Resources Control Board (State Water Board);
WHEREAS, the City of La Mesa is required by the California State Water Resources Control Board to formally adopt the project for purposes of State Revolving Fund application submittal and the finalization of California Environmental Quality Act (CEQA) findings.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California as follows;
1. The project is categorically exempt from environmental review in accordance with the California Environmental Quality Act Section 15302(c), Replacement of Existing Facilities. The project meets all the conditions necessary to quality for the exemption: Replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.
Including but not limited to: Replacement or reconstruction of existing utility systems and/or facilities involving no or negligible expansion of capacity.
2. The City Council finds and determines that the applicable provisions of CEQA and the CEQA Guidelines have been duly observed.
3. The City Council formally adopts the Sewer Inflow and Infiltration Mitigation Project Phase 7 for the purposes of State Revolving Fund Submittal to the California State Water Resources Control Board.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 22
nd day of November 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)
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
PLEDGING REVENUES AND FUNDS TO REPAY THE STATE REVOLVING
LOAN FOR THE SEWER INFLOW AND INFILTRATION MITIGATION
PROJECT PHASE 7
WHEREAS, this project will advance the City’s goal of continuing to improve high quality municipal services;
WHEREAS, the City’s wastewater capital improvement goals focus on replacement and/or rehabilitation of pipe with inadequate capacity, and/or in poor condition, and reduction of inflow and infiltration;
WHEREAS, the cost of this project is estimated at $7,000,000; WHEREAS, the City of La Mesa desires to finance the costs of the project; WHEREAS, the City of La Mesa intends to finance the planning, design, construction and construction management of the Project moneys (“Project Funds”) provided by the State of California, acting by and through the State Water Resources Control Board (State Water Board); and
WHEREAS, the State Water Resources Control Board requires the City to pledge wastewater revenues and funds to repay the loan.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa (the ‘Entity’) dedicates and pledges wastewater funds to payment of any and all Clean Water State Revolving Fund Program financing for the Inflow and Infiltration Mitigation Project Phase 7 (the “Project”).
The City of La Mesa commits to collecting such revenues and maintaining such fund(s) throughout the term of such financing and until the City of La Mesa has satisfied its repayment obligation thereunder unless modification or change is approved in writing by the State Water Resources Control Board. So long as the financing agreement(s) are outstanding, the City of La Mesa pledges hereunder shall constitute a lien in favor or the State Water Resources Control Board on the foregoing fund(s) and revenues(s) without any further action necessary. So long as the financing agreement(s) are outstanding, the City of La Mesa commits to maintaining the fund(s) and revenue(s) at levels sufficient to meet its obligations under the financing agreement(s).
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 22nd day of November 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 WEIGELMAN, CMC, City Clerk
(SEAL OF CITY)
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
APPROVING THE REIMBURSEMENT OF PROJECT EXPENDITURES FOR THE SEWER INFLOW AND INFILTRATION MITIGATION PROJECT PHASE 7 IN AN AMOUNT NOT-TO-EXCEED $7,000,000
WHEREAS, this project will advance the City’s goal of continuing to improve high quality municipal services;
WHEREAS, the City’s wastewater capital improvement goals focus on replacement and/or rehabilitation of pipe with inadequate capacity, and/or in poor condition, and reduction of inflow and infiltration;
WHEREAS, the cost of this project is estimated at $7,000,000; WHEREAS, the City of La Mesa (Agency) desires to finance the costs of the project; WHEREAS, the City of La Mesa intends to finance the planning, design, construction and construction management of the Project moneys (“Project Funds”) provided by the State of California, acting by and through the State Water Resources Control Board (State Water Board);
WHEREAS, the State Water Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal tax purposes (the “Obligations”);
WHEREAS, prior to either the issuance of the Obligations or the approval by the State Water Board of the Project Funds the Agency desires to incur certain capital expenses (the “Expenditures”) with respect to the Project from available monies of the Agency; and WHEREAS, the Agency has determined those monies to be advances on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the Agency for the Expenditures form the proceeds of the Obligations.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, ORDERED, AND DETERMINED AS FOLLOWS:
SECTION 1: The City of La Mesa hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the State Water Board of the Project Funds.
SECTION 2: The reasonably expected maximum principal amount of the Project Funds is $7,000,000.
SECTION 3: The resolution is being adopted no later than 60 days after the date on which the Agency will expend moneys for the construction portion of the Project costs to be reimbursed with Project Funds.
SECTION 4: Each Agency expenditure will be of a type properly chargeable to a capital account under general income tax principles.
SECTION 5: To the best of our knowledge, this Agency is not aware of the previous adoption of official intents by the Agency that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued.
SECTION 6: This resolution is adopted as official intent of the Agency in order to comply with Treasury Regulation §1.150-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs.
SECTION 7: All the recitals in this Resolution are true and correct and this Agency so finds, determines and represents.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 22nd day of November 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 WEIGELMAN, CMC, City Clerk
(SEAL OF CITY)
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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community DATE SUBMITTED: OCTOBER 2022
CITY OF LA MESA - PHASE 7 INFLOW AND INFILTRATION MITIGATION
PROPOSED IMPROVEMENTS
0 200 FT
Legend
!. MH - To Replace
!. MH - To Rehab Bench/Channel and Line
!. MH - To Replace and Line
!. MH - To Replace Chimney/Cone
!. MH - To Rehab Bench/Channel
!. MH - New
!. MH - To Abandon
!. MH - To Remain
"S Cleanout - To Abandon
SSWR Pipe - To Replace
SSWR Pipe - To Remain
SSWR Pipe - To Abandon / Relocate
Ex SSWR Pipe (Not Phase 7)
Phase 7 Project Area
¹ STANFORD AVE
W POINT AVE
PRINCETON AVE
CORNELL AVE
VASSAR AVE
HARBINSON AVE
POMONA AVE
HARVARD AVE
YALE AVE
SENECA PL
UNIVERSITY AVE
HELIX HIGH SCHOOL
ANNAPOLIS AVE
73RD ST
DAUER AVE
POMONA WAY
PURDUE AVE
BERKELEY DR
POMONA AVE
HARBINSON AVE
ANNAPOLIS AVE
PURDUE AVE
DANA DR
UNIVERSITY AVE
15092 AVENUE OF SCIENCE, STE 200
SAN DIEGO, CA 92128
P: 858.385.0500 WWW.NV5.COM
JESSIE AVE
227522-0001422
JOB NUMBER
FIGURE
10 SCALE
1 inch = 200 feet
ATTACHMENT E
Project Name Agreement Number 2022‐2023 2023‐2024 2025‐2026 Final Payment I&I Mitigation Phase 1C‐06‐4729‐110 $304,569 $304,569 $304,569 2/1/28 I&I Mitigation Phase 2C‐06‐4729‐120 $189,473 $189,473 $189,473 7/31/28 I&I Mitigation Phase 3C‐06‐4729‐130 $178,076 $178,076 $178,076 7/15/29 I&I Mitigation Phase 4C‐06‐4729‐140 $184,991 $184,991 $184,991 1/21/30 Alvarado Trunk Sewer Improvements Phase 2C‐06‐7824‐110 $213,494 $213,494 $213,494 5/31/37 Parkway Drive and Alvarado Rd Trunk Sewer Phase 3 Upgrade* C‐06‐8394‐110 $264,380 $398,555 $398,555 7/30/41 I&I Mitigation Phase 6 2043
Total $1,334,983 $1,469,158 $1,469,158
*Annual payment amount will modified/reduced based on final construction cost Attachment F ‐ State Revolving Fund‐ Current Agreements and Financing Schedule Forthcoming in 2023
DATE: November 22, 2022
TO: Mayor and Members of the City Council
FROM: Ray Sweeney, Chief of Police
VIA: Greg Humora, City Manager
SUBJECT: Home Quarterly Report
Please see the attached 3rd Quarter Report for the City of La Mesa HOME Program.
City of La Mesa
Homeless Outreach &
Mobile Engagement (HOME) Program
Quarterly Report: July - September 2022
HOME Program Overview
The Homeless Outreach and Mobile Engagement (HOME) Team is an initiative of the City of La Mesa and the La Mesa Police Department (LMPD). The HOME Team provides a housing-first and traumainformed approach to addressing homelessness in La Mesa. The HOME Team utilizes progressive engagement and harm reduction to assist individuals who are unable to access homeless services on their own. This report breaks down the The HOME Team efforts and successes during the third quarter of 2022.
Since the beginning of the quarter, the HOME program outreach specialists have:
• Contacted 73 total individuals experiencing homelessness and newly enrolled 29 adults and 6 children. Many of these newly enrolled adults are one-time contacts that were provided shortterm services as they passed through La Mesa. A total of 12 individuals contacted this quarter were connected to a temporary or permanent home.
• Responded to 549 service calls routed through LMPD dispatch, HOME hotline or city email, and as follow-ups to previous contacts. Historically, many of these calls would have been handled by city emergency response services and law enforcement. • Prioritized the most vulnerable individuals in the City of La Mesa, including individuals living on the street with chronic physical and mental health conditions, households with children, and individuals facing chronic homelessness.
Clients Served
The HOME Team operates out of LMPD headquarters in downtown La Mesa and responds to nonemergency calls for service related to homelessness that are generated through police dispatch, HOME email, and The HOME Hotline. Each of these calls is first attended by a HOME Team outreach specialist; PD or PERT officers are only requested for rare cases involving legal or safety concerns. 38 35
Total Number of Clients Served
New Clients in Quarter Continuing Clients
73 Instances of
Service*
584
Calls for
Service
549
HOME Team Assistance: 26
# of Calls LMPD Officers
requested HOME assistance
# of Calls the HOME team
requested:
Officer Assistance: 5
PERT Assistance: 1
*Instances of service are included in the total calls for service. This number represent interactions with clients that are enrolled in the county’s case management system. More than one client may be present during a single call for service.
Client Demographics and Household Composition
Housing Outcomes
10 households (Twelve people) people left the HOME program to a temporary or permanent placement during the quarter.
4 households (Four people) exited to temporary housing, defined as an emergency shelter, transitional housing, or other location that provides housing/shelter without tenure.
6 households (Eight people) exited to permanent housing, defined as a leased unit meeting United States Department of Housing and Urban Development (HUD) occupancy standards with or without supportive services, such as mental health counseling.
Single Person
Households
79 Adult Couple
Households
3 3
27 45
1 Female Male UNK
7 4
5 21 13
7 14
1 0 to 17 18 to 24
25 to 34 35 to 44
45 to 54 55 to 61
62 or Above Unknown
Total Clients Served Demographics
Chronically
Homeless 54% Households
with Children
52
Client Services
The HOME Team continues to excel in helping clients navigate and connect with a variety of existing services within the community. Some of these services include ongoing nutritional, medical, and financial support through programs such as Cal-Fresh, Medi-Cal, and General Relief.
The HOME Team was able to connect multiple people with these services by transporting and supporting these clients in navigating these services at the Family Resource Centers located in Lemon Grove and El Cajon.
The HOME Team also continues to assist with acquiring identifying documentation. Almost all of the clients who successfully exited the program during this quarter worked with the HOME Team to acquire both State Identification cards and/ or Social Security Cards. Attaining these documents was an absolute necessity for their housing placements.
East County Transitional Living Center continues to be a great partner for the HOME Team and individuals experiencing homelessness in East County. HOME has also begun partnering with the Mission Academy located on Elm Street in San Diego to provide other transitional housing opportunities for La Mesa residents.
The HOME Team’s consistent access to a van continues to be an important resource for clients. During the quarter, the HOME Team utilized the van to view units for rent in El Cajon, Downtown San Diego, and San Diego County. Being able to go to units quickly and with little notice has resulted in clients being able to successfully exit our program into rental assistance programs. The HOME Team has also utilized this van to clear encampments by taking clients and their belongings to storage, housing opportunities, or alternative camping locations. Most importantly, this van is accessible to people that have disabilities or are experiencing mobility issues.
During this quarter, the HOME Team has provided some form of financial and/or basic-needs assistance to all enrolled clients with the dual objectives of moving them toward a housing outcome and keeping them safe during the COVID-19 pandemic. These objectives have not changed throughout this quarter.
All clients received COVID-19-related services, including updates related to local public-health guidelines, vaccine information, hygiene supplies, and personal protective equipment (PPE), such as face masks and hand sanitizer.
All clients received food, water, or other nutrition services, with approximately 73 prioritized for on-going meal support.
HOME program staff distributed $3,445.75 in direct financial assistance, including vehicle repair, and funds used to secure new rental units. 3 Clients received accommodation in a motel, designed to provide short-term, bridge shelter for those with a concrete housing plan.
HOME program staff arranged 68 rides to apartment viewings, shelter stays, program intake interviews, and other critical appointments via ridesharing service.
Calls for Service
The HOME Team responded to 549 calls for service during the quarter. This number includes service calls routed through LMPD dispatch, HOME hotline or city email, and follow-ups to previous contacts.
Of these calls for service, 197 calls were new requests for assistance related to homelessness in the City. Historically, these calls would have been addressed by city emergency response services and law enforcement.
Of these calls, 208 were direct responses from calls to the HOME hotline and email requests made by community members regarding someone experiencing homelessness.
Additionally, 229 calls were service driven appointments with clients or proactive rapport-building contacts, in support of the HOME Team’s mission.
During the entirety of this quarter, the HOME Team was connected to the La Mesa Police Department’s dispatch center via police radio. Starting the 4th quarter of 2021, the HOME Team has been able to realize the benefits of the technology and partnerships with call-takers through decreased response times to current calls for service, improved support to police officers, enhanced understanding of the program workload and service provision through data tracking, and improved safety of The HOME Team members and the community.
Hotel Utilization
The HOME Team provided bridge housing (in the form of motel stays) to 3 individuals. The people who accessed this assistance worked with the HOME Team very closely over the course of many months and were able to secure an exit plan before entering the motel. The HOME Team was also able to make a special accommodation for a 2-night stay for an elderly and medically vulnerable individual while their vehicle was being repaired.
Client success stories
During this quarter, The HOME Team met a woman and her two teenage children that were living out of their vehicle. Both of the children were students of a local high school, and they were being forced to go back and forth from staying with an older sister and living in a small SUV with their mom. The mom worked closely with the HOME Team to find a shelter option through Catholic Charities. Once this option was identified, The HOME Team submitted a Case Management plan that allowed this family to enter into the placement. While at this placement, the mom was able to focus on finding a unit that would be both affordable and accommodating to their family. After finding a unit, the HOME Team was able to provide the financial assistance necessary to pay the first month of renter’s insurance and internet connection (which was necessary for the children’s education). This family is now happily housed within the La Mesa City limits, and the children were able to continue their education with minimal disruption.
Another HOME Team success story involves a client that had been living in the dugout at one of La Mesa’s baseball fields on and off for over ten years. The HOME Team worked with this client on an
intermittent basis (utilizing the progressive engagement model) since the inception of the HOME Team.
After meeting this client over 20 times, this client finally agreed to work with the HOME Team, complete an assessment, and go into the Coordinated Entry System (CES). Once in the Coordinated Entry System, this client was quickly matched to a rental assistance opportunity. The client then worked with the HOME Team to acquire all of their necessary documentation. The HOME Team also supported this client with transportation to meetings with their housing provider as well as to potential rental units to view. Once a unit was identified, the HOME Team supported this client by moving them and their belongings to the new unit. A new lock and security system have been added to this dugout to ensure an encampment does not return.
Community Support Partnerships
• Journey Community Church continues to provide any and all food items to the HOME Program, allowing HOME staff to feed up to 60 people per week
• La Mesa Village Association
• La Mesa Thrift Shop
• La Mesa First United Methodist Church
• Empire Thrift Store of El Cajon
• Eagle Scouts
Community Resource Partnerships
• Home-Start, Inc.
• East County Mental Health
• Center Star ACT
• McAlister Inc.
• La Mesa – Spring Valley School District Social Workers • East County Homeless Task Force
• San Diego County Mental Health
• In addition, HOME staff has developed a word-of-mouth network of donors and residents and regularly interface with anyone interested in helping those facing hardship on the streets of La Mesa.
• Assisted Replacement Medication Therapy Medical Specialists • The Lodge of La Mesa (Transition Age Youth)
• Borrego Health-Centro Medico El Cajon
• New Found Homes ILF
• Mission Academy
HOME Program Historical Statistics
Client Enrollment
Quarter Total Clients
Served New Clients Continuing Clients
Q4 2020 56 n/a n/a
Q1 2021 108 61 47
Q2 2021 75 44 31
Q3 2021 86 44 31
Q4 2021 25 10 15
Q1 2022 69 48 21
Q2 2022 96 62 34
Q3 2022 73 38 35
Grand Total 588 307 214
Calls for Service
Quarter Instances of
Service1
Calls for Service
Calls Officers
requested HOME
Assistance
Calls HOME
requested Officer
Assistance
Calls HOME
requested PERT
assistance
Q4 2020 191 110 --- 1 1
Q1 2021 397 187 --- 0 1
Q2 2021 349 355 --- 0 0
Q3 2021 393 134 --- 0 0
Q4 2021 237 81 --- 0 0
Q1 2022 373 617 24 10 0
Q2 2022 626 657 11 22 4
Q3 2022 584 549 26 5 1
Grand Total 3150 2690 61 38 7
Services and Housing
Quarter HOME
Rides
Direct Financial
Assistance
Clients who
Received Motel
Vouchers
Clients
Permanently
Housed
Households
Permanently
Housed
Clients
Temporarily
Housed
Households
Temporarily
Housed
Q4 2020 18 $ 3,357.00 7 5 --- 3 ---
Q1 2021 16 $ 10,506.00 7 --- 4 --- 19
Q2 2021 7 $ 4,967.00 9 8 7 --- 5
Q3 2021 144 $ 16,623.42 7 8 3 --- 5
Q4 2021 84 $ 1,071.40 0 12 11 --- 4
Q1 2022 92 $ 6,579.56 5 10 9 6 6
Q2 2022 96 $ 3,727.96 2 16 11 5 3
Q3 2022 68 $ 3,445.75 3 8 6 4 4
Grand Total 525 $ 50,278.09 40 67 51 18 46
Total People Housed to Date: 85
1 Instances of service are included in the total calls for service. This number represent interactions with clients that are enrolled in the county’s case management system.
More than one client may be present during a single call for service.
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: November 22, 2022
SUBJECT: Proposed Memorandum of Agreement (MOA) between the San Diego Sheriff’s Department and the La Mesa
Police Department for the Operation Stonegarden Grant
ISSUING DEPARTMENT: Police Department
SUMMARY:
Issues:
1. Should the City Council approve the Police Department’s participation with the San Diego Sheriff’s Department (SDSD) in the Operation Stonegarden Grant for the reimbursement of expenses related to enforcement of regional crime with a border nexus?
2. Should the City Council authorize the Chief of Police to sign a MOA with the San Diego Sheriff’s Department for the Operation Stonegarden Grant which will reimburse personnel overtime and equipment expenses related to enforcement of regional crime with a border nexus?
Recommendation:
1. Approve the Police Department’s participation and entering into a MOA with the San Diego Sheriff’s Department for the Operation Stonegarden Grant, which will reimburse expenses related to the enforcement of regional crime with a border nexus.
2. Authorize the Chief of Police to sign a MOA with the San Diego Sheriff’s Department for the Operation Stonegarden Grant, which will reimburse personnel overtime and equipment expenses related to the enforcement of regional crime with a border nexus.
Report to Mayor and Councilmembers
Date: November 22, 2002
Page: 2 of 3
Fiscal Impact:
There is no fiscal impact to the City of La Mesa. This grant will allow the Police Department to receive full reimbursement for the cost of overtime, vehicle mileage and equipment up to $279,000 within the context of the grant. The reimbursements will consist of up to $160,000 for operational funding and up to $119,000 for approved equipment funding. The operational funding consists of $147,000 in operation overtime, $8,673 for fridge benefits, and $4,327 for mileage costs. The approved equipment funding consists of $74,000 for a fully equipped marked patrol unit, $40,000 for a mobile License Plate Reader (LPR) system to mount on the marked unit, and $5,000 for a Forward Looking Infrared (FLIR) camera which will be mounted on the driver’s side spotlight of the marked unit. Staff work to oversee the grant will not result in added expenditures.
City’s Strategic Goals:
Safe community
BACKGROUND:
Operation Stonegarden was established by the United States Department of Homeland Security in 2005. The intent of this grant is to enhance cooperation and coordination among federal, state, tribal and local law enforcement in an effort to reduce border related state crimes. The Stonegarden grant is designed to address crime and is not immigration enforcement related (MOA Section 4.2). The La Mesa Police Department shall comply with the California Values Act (SB 54) and department policy when conducting Stonegarden Operations. This is a competitive grant sponsored by the State Homeland Security Program (SHSP) which is awarding approximately $9.2 million dollars toward combating border violence in the San Diego Region.
DISCUSSION:
La Mesa has three major freeways running through it with multiple on and off ramps. It also has several trolley stations that have a direct link to the US/ Mexico border. These transportation corridors have the potential to bring border related crime (Drug Smuggling and Human Trafficking) into the surrounding areas, including La Mesa.
This grant would allow officers, detectives, dispatchers and sergeants from the Police Department to work with other police personnel throughout the County on reimbursable overtime to address border related criminal activity, which affects La Mesa and the entire county. Some operations may take place within La Mesa. Most other San Diego County police agencies are participating with the SDSD on this grant. Staffing Operation Stonegarden will be on an overtime basis only and not affect the normal daily operations within the Police Department.
Report to Mayor and Councilmembers
Date: November 22, 2002
Page: 3 of 3
This grant process involves each local agency submitting their overtime requests to the SDSD. The Sheriff’s Department will forward the San Diego County request to the State Administrative Agency (SAA) who will then submit the reimbursement request to Federal Emergency Management Agency (FEMA).
On grant overtime, La Mesa Police personnel would normally work with SDSD and other allied local, state and federal agency personnel conducting activities similar to:
High visibility enforcement and traffic stop activity in high intensity drug trafficking areas along the beaches and land borders.
Offer ground support for aerial flights during the day and night. High visibility criminal interdiction and/or covert interdiction operations. Specific operations targeting urban and rural border areas of San Diego County.
The City Attorney has reviewed and approved the MOA as to content and form.
CONCLUSION:
Staff recommends that the City Council approve the Police Department’s participation and entering into a MOA with the San Diego Sheriff’s Department for the Operation Stonegarden Grant, which will reimburse expenses related to addressing regional crime with a border nexus.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Ray Sweeney
City Manager Chief of Police
Attachments: A. La Mesa Grant Fund Allocation (Exhibit A).
B. FY2021 Grant Assurances (Exhibit B).
C. 2021 OPSG Byrd Anti-Lobbying Certification Form (Exhibit C).
D. MOA
E. Resolution
F. FY2021 OPSG Agency Allocation
FY 2021 OPERATION STONEGARDEN
ANNUAL BUDGET WORKSHEET
SUMMARY
A B C D E FGH I
AGENCY NAME Operational OT Fringe Benefits Vehicle/Vessel Maint Equip Maint New/Replace Equip Fuel Costs Mileage Flight Costs M&A TOTAL San Diego County Sheriff's Department 181,790 2,773,513 - 95,888 716,100 - 408,949 58,653 406,107 4,641,000Chula Vista Police Department 2,573 177,427 - - - - - - - 180,000El Cajon Police Department 47,966 2,034 - - 59,100 - - - - 109,100Escondido Police Department 10,000 - - - - - - - - 10,000La Mesa Police Department 8,673 147,000 - - 119,000 - 4,327 - - 279,000Oceanside Police Department 2,535 174,820 15,170 - 2,659 24,816 - - - 220,000San Diego Harbor Police Department 71,480 9,292 17,000 - - 51,840 388 - - 150,000Sycuan Tribal Police Department 18,718 1,282 - - 79,500 - - - - 99,500University of California San Diego Police Department 8,400 218 - - - - 1,382 - - 10,000Riverside County Sheriff's Department 10,319 151,950 - - 44,300 - 12,731 - - 219,300Seal Beach Police Department 29,571 429 - - 73,800 - - - - 103,800Huntington Beach Police Department 2,008 138,492 - 40,000 - - - - 9,500 190,000LA County Sheriff's Department - 500,000 - - - - - - - 500,000Orange County Sheriff’s Department 23,028 230,743 22,852 - 14,700 20,160 3,217 - - 314,700San Luis Obispo County Sheriff's Office 19,905 120,490 7,338 1,440 41,000 5,083 9,744 6,000 - 211,000Santa Barbara County Sheriff's Office - 164,225 9,920 - 12,600 9,180 10,443 56,232 - 262,600Ventura County Sheriff's Office - 400,000 - - 383,000 - - - - 783,000Monterey County Sheriff's Office 2,037 140,460 - - - - 7,503 - - 150,000San Mateo County Sheriff's Office 85,000 - - - - - - - - 85,000CA Highway Patrol 5,624 387,864 - - - - 45,072 61,440 - 500,000CA Department of Fish and Wildlife 19,714 286 - - - - - - - 20,000CA Department of Parks and Recreation 1,710 117,916 14,436 - 62,000 4,320 4,179 - 7,439 212,000 Grand Total San Diego County Region $ 5,915,749 $ 273,743 $ 86,716 $ 137,328 $ 1,607,759 $ 115,399 $ 507,935 $ 182,325 $ 423,046 $ 9,250,000 Budget Narrative Category
EXHIBIT A
FY 2021 Operation Stonegarden Grant - Standard Assurances Page 1 of 9 Initials _______
EXHIBIT B
Homeland Security Grant Program - Operation Stonegarden Grant (OPSG) FY 2021 Standard Assurances
(All OPSG Participating Agencies)
Name of Agency: ___________________________________________________________________________ Address: _____________________________________________________________________________________ City: _____________________________________ State: ______________ Zip Code: ______________ As the duly authorized representative of the Agency ("Agency") named above, I hereby certify that the Agency has the legal authority to apply for federal assistance and has the institutional, managerial and financial capability (including sufficient funds to pay any non-federal share of project cost or to retroactively repay any reimbursement found out of compliance which was paid to Agency, for as long as the grant is active) to ensure proper planning, management and completion of the project described in this application, within prescribed timelines.
I further acknowledge that the Agency is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) HSGP California State Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Agency hereby agrees to comply with the following:
1. Proof of Authority
The Agency will obtain written authorization from the city council, governing board or authorized body in support of this project. This written authorization must specify that the Agency and the city council, governing board or authorized body agree:
(a) To provide all matching funds required for said project and that any cash match will be appropriated as required;
(b) That any liability arising out of the performance of this agreement shall be the responsibility of the Agency and the city council, governing board or authorized body; (c) That grant funds shall not be used to supplant expenditures controlled by the city council, governing board or authorized body;
(d) That the Agency is authorized by the city council, governing body, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any, or to retroactively repay any reimbursement found
FY 2021 Operation Stonegarden Grant - Standard Assurances Page 2 of 9 Initials _______ out of compliance, which was paid to Agency, for as long as the grant is active) to ensure proper planning, management and completion of the project described in this application; and (e) That the official executing this agreement is, in fact, authorized to do so.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The Agency is only authorized to perform allowable activities approved under the award, within the period of performance specified in the grant. Allowable activities may be initiated after approval of the award.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the U.S. Code (U.S.C.), for persons entering into a contract, grant, loan or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Agency certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Agencies shall certify and disclose accordingly.
The Agency will also comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
Finally, the Agency agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Suspension and Debarment
As required by Executive Orders (EO) 12549 and 12689, and 2 C.F.R §200.214 and codified in 2 C.F.R Part 180, Debarment and Suspension, the Agency will provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Agency certifies that it and its principals, contractors, or subcontractors:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
FY 2021 Operation Stonegarden Grant - Standard Assurances Page 3 of 9 Initials _______ (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public transaction (Federal, State, or local) terminated for cause or default.
Where the Agency is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Agency will comply with all state and federal statutes relating to non-discrimination. These include, but are not limited to the following:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, and requires buildings and structures be accessible to those with disabilities and access and functional needs (42 U.S.C. § 12101-12213);
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd --- 2), relating to confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units --- i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) --- be designed and constructed with certain accessible features (See 24 C.F.R § 100.201);
(h) Executive Order (E.O.) 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin;
(i) Executive Order (E.O.) 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; (j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19; (l) The Agency will comply with California's Fair Employment and Housing Act (FEHA) (California Government Code § 12940, 12945, 12945.2), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender
FY 2021 Operation Stonegarden Grant - Standard Assurances Page 4 of 9 Initials _______ expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) which may apply to the application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Agency certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The Agency will comply with State and Federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387); (c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401), which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Orders (EO) 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; (f) Evaluation of flood hazards in floodplains in accordance with Executive Order (EO) 11988 (g) Executive Order (EO) 11514 which sets forth national environmental standards; (h) Executive Order (EO) 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order (EO) 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§ 7401 et seq.); (m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
The Agency shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
FY 2021 Operation Stonegarden Grant - Standard Assurances Page 5 of 9 Initials _______
8. Audits
For grant recipients expending $750,000 or more in federal grant funds annually, the Agency will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
The agency must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R § 200.337, the Agency will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Agency will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Agency will establish safeguards to prohibit the Agency's employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Agency will comply with 31 U.S.C § 3729-3733 which sets forth that no subgrantee, recipient or subrecipient shall submit a false claim for payment, reimbursement or advance.
12. Reporting - Accountability
The Agency agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $30,000 or more in federal funds and (b) executive compensation data for first tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. part 170 Reporting Subaward and Executive Compensation Information.
13. Whistleblower Protections
The Agency also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
14. Human Trafficking
The Agency will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Agency will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327- 333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.
16. Worker’s Compensation
The Agency must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.
FY 2021 Operation Stonegarden Grant - Standard Assurances Page 6 of 9 Initials _______
17. Property-Related
If applicable to the type of project funded by this federal award, the Agency will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs.
These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires Agencies in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order (EO) 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 C.F.R. Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally Funded Construction Projects For all construction projects, the Agency will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project. (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and
(c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms to the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
Agencies are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
20. California Public Records Act and Freedom of Information Act The Agency acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Agency should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
FY 2021 Operation Stonegarden Grant - Standard Assurances Page 7 of 9 Initials _______ HOMELAND SECURITY GRANT PROGRAM (HSGP) –
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgement of Federal Funding from DHS
All Agencies must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
All Agencies must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All Agencies who collect PII are required to have a publicly available privacy policy that describes standards on the usage and maintenance of PII they collect. Agencies may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.
24. Copyright
All Agencies must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude Agencies from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
26. Energy Policy and Conservation Act
All Agencies must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
27. Federal Debt Status
All Agencies are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A129.
28. Fly America Act of 1974
All Agencies must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.
FY 2021 Operation Stonegarden Grant - Standard Assurances Page 8 of 9 Initials _______
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Agencies must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
30. Non-supplanting Requirement
All Agencies who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, Agencies are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All Agencies are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
32. SAFECOM
All Agencies who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
33. Terrorist Financing
All Agencies must comply with Executive Order (EO) 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Agencies are legally responsible to ensure compliance with the EO and laws.
34. Reporting of Matters Related to Subrecipient Integrity and Performance If the total value of the Agency's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
35. USA Patriot Act of 2001
All Agencies must comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
36. Use of DHS Seal, Logo, and Flags
All Agencies must obtain permission from DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, agencies must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.
FY 2021 Operation Stonegarden Grant - Standard Assurances Page 9 of 9 Initials _______
38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Agency recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Agency, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Agency and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Agency may be ineligible for award of any future grants if Cal OES determines that any of the following has occurred: (1) the Agency has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. All Agencies are bound by the Department of Homeland Security Standard Terms and Conditions 2021, Version 11.4, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15- dhs-standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the above-named Agency.
Name of Agency:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
Email Address: ____________________________________________________________
FY 2021 Operation Stonegarden Grant – Certification Regarding Lobbying P a g e 1 | 2
EXHIBIT C
Homeland Security Grant Program - Operation Stonegarden Grant (OPSG) CERTIFICATION REGARDING LOBBYING UNDER FY2021 OPSG
(All OPSG Participating Agencies)
Certification for Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FormLLL, 'Disclosure of Lobbying Activities,' in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
FY 2021 Operation Stonegarden Grant – Certification Regarding Lobbying P a g e 2 | 2 Homeland Security Grant Program - Operation Stonegarden Grant (OPSG) CERTIFICATION REGARDING LOBBYING UNDER FY2021 OPSG
(All OPSG Participating Agencies)
The Subrecipient, as identified below, certifies, or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Subrecipient understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
Name of Agency: ________________________________________________________________ Signature of Authorized Agent: _______________________________________________ Printed Name of Authorized Agent: ___________________________________________ Title: _____________________________________ Date: _____________________________
1 AGREEMENT FOR
FISCAL YEAR 2021
OPERATION STONEGARDEN (OPSG)
1. PARTIES TO THE AGREEMENT
This Agreement is between the COUNTY OF SAN DIEGO (COUNTY), the CITY OF
CHULA VISTA, CITY OF EL CAJON, CITY OF ESCONDIDO, CITY OF LA MESA, CITY OF OCEANSIDE, CITY OF SEAL BEACH, CITY OF HUNTINGTON BEACH (collectively the CITIES), SAN DIEGO UNIFIED PORT DISTRICT (SDUPD), SYCUAN BAND OF THE
KUMEYAAY NATION (SBKN), UNIVERSITY OF CALIFORNIA SAN DIEGO (UCSD),
COUNTY OF RIVERSIDE (RC), COUNTY OF ORANGE (OC), COUNTY OF LOS
ANGELES (LAC), COUNTY OF SAN LUIS OBISPO (SLOC), COUNTY OF SANTA
BARBARA (SBC), COUNTY OF VENTURA (VC), COUNTY OF MONTEREY (MC),
COUNTY OF SAN MATEO (SMC), CALIFORNIA HIGHWAY PATROL (CHP), DEPARTMENT OF FISH AND WILDLIFE (DFW), and the CALIFORNIA DEPARTMENT OF PARKS AND RECREATION (DPR), each a PARTY and collectively the PARTIES, for support of the Operation Stonegarden (OPSG) program.
1.1 Party Departments or Agencies Participating In The Agreement
1.1.1 For the COUNTY, participating agency is the Sheriff's Department (SHERIFF).
1.1.2 For the CITIES, SDUPD, SBKN, and UCSD, participating agencies are their respective police department.
1.1.3 For RC, OC, LAC, SLOC, SBC, VC, MC, and SMC participating agencies are their respective Sheriff's department.
1.1.4 CHP, DFW, and DPR do not have subordinate agencies or department participants.
2. RECITALS
2.1 WHEREAS, COUNTY through SHERIFF applied for, and was awarded grant funds from the U. S. Department of Homeland Security (DHS) passed through the California Governor's Office of Emergency Services (Cal OES), under the Fiscal Year (FY) 2021 Operation Stonegarden (OPSG) grant program. As an applicant for the San Diego Border Patrol Sector, SHERIFF shall be the lead agency to manage the OPSG program.
2.2 WHEREAS, funds shall be used to support the OPSG program to enhance law enforcement preparedness and operational readiness along the land and water borders of the United States.
2 2.3 WHEREAS, Government Code § 55632 authorizes COUNTY and PARTIES to contract for provision of joint law enforcement services.
2.4 WHEREAS, PARTIES desire to enter into an agreement with provisions concerning the nature and extent of OPSG collaboration, services rendered, and compensation.
2.5 WHEREAS, COUNTY, by action of the Board of Supervisors Minute Order No. 24 on June 28, 2022, approved the appropriation and use of FY 2021 OPSG funds to reimburse PARTIES for program related overtime and fringe benefits; equipment purchases and maintenance costs; fuel; mileage; flight; and management and administration costs incurred not to exceed the amounts described in Exhibit A – FY 2021 OPSG Budget Worksheet in paragraph 2.9 (a), during the period of performance (POP) September 1, 2021 through May 31, 2024 but, the operational project period for PARTIES shall be the date of FEMA's approval, July 18, 2022 through February 29, 2024.
2.6 WHEREAS, PARTIES shall retain documentation supporting all expenditures reimbursed from OPSG grant funds, ensure all expenditures are allowable under grant requirements, adhere to the federal procurement standards found in Title 2 of the Code of Federal Regulations, Part 200, Subpart D, Section § 200.317-§ 200.327, and comply with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F - Audit Requirements regarding organization-wide financial and compliance audit reports if $750,000 or more of OPSG federal funds are expended in a fiscal year.
2.6.1 Documentation shall be retained in accordance with the FEMA Preparedness Grants Manual and other OPSG grant requirements and shall be available for audit and inspection.
2.7 WHEREAS, PARTIES agree that this Agreement does not provide Federal authority to PARTIES to enforce immigration laws (Title 8 USC).
2.8 WHEREAS, PARTIES acknowledge the following information for the OPSG grant program:
(a) Federal Grantor Agency: U. S. Department of Homeland Security (DHS) (b) Administrative Authority: Federal Emergency Management Agency (FEMA) (c) Operational Oversight: U. S. Customs and Border Protection (CBP) (d) State Administrative Agency (SAA) or Pass-Through Agency: California Governor's Office of Emergency Services (Cal OES)
(e) Program Title: Homeland Security Grant Program (HSGP) Operation Stonegarden (OPSG)
(f) Grant Identification Number: 2021-0081
(g) Federal CFDA Number: 97.067
3 2.9 WHEREAS, PARTIES agree and shall utilize and adhere to the Exhibits attached hereto and/or available using the referenced link:
(a) Exhibit A – FY 2021 OPSG Budget Worksheet
(b) Exhibit B – FY 2021 OPSG Standard Assurances
(c) Exhibit C – FY 2021 OPSG – Byrd Anti-Lobbying Certification Form (d) Exhibit D – FY 2021 OPSG Operations Order
(e) Exhibit E – Title 2 of the Code of Federal Regulations Part 200, (f) Exhibit F – Federal Contract Provisions
(language to be developed and incorporated within a contract) (g) Exhibit G - FY 2021 Homeland Security Grant Program (HSGP) Notice of Funding Opportunity (NOFO)
(h) Exhibit H - FY 2021 Homeland Security Grant Program (HSGP) California Supplement to the Federal Notice of Funding Opportunity (NOFO) (i) Exhibit I – FEMA Preparedness Grants Manual
Nothing in the Exhibits above shall limit the requirements of this Agreement.
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, PARTIES jointly intend that COUNTY will reimburse, and PARTIES will provide, a level of OPSG services as set forth in this Agreement.
3. PURPOSE AND INTENT
The purpose of this Agreement is to satisfy the OPSG grant program proposal awarded by the DHS and passed through to Cal OES, under the FY 2021 Operation Stonegarden grant program.
4. SCOPE OF SERVICES
4.1 Method of Service Delivery
SHERIFF shall manage the OPSG grant program, oversee the funding allocation of PARTIES, and be administratively responsible for coordination of PARTIES' obligations under this Agreement. SHERIFF's OPSG grant program team will be staffed as described in paragraph 6. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES.
4.2 Overview of Basic Services
PARTIES shall perform OPSG Operations ("Operations") by increasing law enforcement presence in each PARTY's designated jurisdiction and in coordination with other OPSG partner agencies to support the U. S. Customs and Border Protection (CBP) efforts to improve border security in the region. PARTIES shall enforce local and state laws within their designated jurisdiction subject to the California Values Act (SB 54; Chapter 495) and shall not enforce or aid in the enforcement of immigration laws on behalf of U. S.
Customs and Border Protection (CBP) and U. S. Border Patrol (BP). This Agreement does not provide Federal authority to PARTIES to enforce immigration laws (Title 8 USC).
4 5. TERM OF AGREEMENT
The OPSG grant program period of performance (POP) is September 1, 2021 through May 31, 2024, but the operational project period for PARTIES shall be the date of FEMA's approval, July 18, 2022 through February 29, 2024.
5.1 Initial Term
The term of this Agreement shall be retroactive to 12:01 a.m. on July 18, 2022 and shall continue in effect through and terminate at midnight on May 31, 2024; subject to the termination provision in paragraph 5.3.
5.2 Option to Extend
Renewal or extension of the Agreement beyond May 31, 2024 shall be subject to remaining grant funds and to a time extension approved by Cal OES. PARTIES that choose not to renew shall terminate its participation at the end of the term of this Agreement.
5.3 Termination
Subject to the applicable provisions of state law, each PARTY may terminate its participation in this Agreement upon ninety (90) days minimum written notice to the other PARTIES.
5.3.1 A PARTY may terminate its participation in this Agreement immediately upon written notice to the other PARTIES in the event it becomes ineligible to receive grant funds under this Agreement.
5.3.2 As the lead agency, SHERIFF, with approval from FEMA, CBP, and/or Cal OES as needed, may require the termination of a PARTY's participation if it is determined that the PARTY has violated the provisions of this Agreement, including failure to provide the Anticipated Outcome set forth in section 6.3.
6. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES
6.1 Suspension and Debarment
SHERIFF will request, and PARTIES shall provide a copy of the SAM.gov report for their agency which shows their Active and Inactive Exclusions. Any PARTY with Active Exclusions at the onset of, or any time during, the term of this Agreement is not eligible to participate as set forth in Executive Orders 12549 and 12689, 2 CFR 200.214, and codified in 2 CFR Part 180, and shall terminate its participation in this Agreement as provided for in paragraph 5.3 Termination.
6.2 Byrd Anti-Lobbying Amendment
PARTIES that receive an award greater than $100,000 shall certify to SHERIFF on the Byrd Anti-Lobbying Certification Form attached hereto as Exhibit C, that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each
5 PARTY shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from agency to agency up to the recipient who in turn will forward the certifications to the federal awarding agency.
6.3 Anticipated Outcome
The anticipated outcome of Operations to be performed by PARTIES under this Agreement is increased law enforcement presence in each PARTY's designated jurisdiction to support U. S. DHS and U. S. CBP efforts in the region to improve border security and reduce border related crime. The anticipated outcome will be reached by achieving the goals and accomplishing the missions set forth below by PARTIES and in Exhibit D – FY 2021 OPSG Operations Order.
6.3.1 PARTIES shall provide enhanced enforcement by increasing patrol presence in proximity to the border and/or routes of ingress from the border, including the water borders. In addition, PARTIES shall utilize their unique investigatory areas of expertise in operations.
6.3.2 Increased intelligence/information sharing among PARTIES, including but not limited to:
(a) Conducting bi-monthly meetings with a minimum of one representative from each PARTY.
(b) Increasing information sharing during operations.
6.3.3 Prior to Operations, PARTIES' Designated Operations Coordinator, in paragraph 6.4.3, shall submit an operational plan and schedule to the Integrated Planning Team (IPT) at least 72 hours prior to the operation.
6.3.3.1 The IPT is comprised of SHERIFF and CBP sworn personnel.
6.3.3.2 The role of the IPT is to provide support and guidance to the local, state, and federal law enforcement stakeholders within the grant.
6.3.4 Within 48 hours following the conclusion of each Operation:
6.3.4.1 Each PARTY shall complete a Daily Activity Report (DAR) form in Excel format, which will be submitted as supporting documentation for any reimbursement request. Information entered in the Narrative section of the DAR form shall include statistical data and report from Field Interviews (FIs), Arrest Reports, and/or Citations.
6.3.4.2 PARTIES' Designated Operations Coordinator in paragraph 6.4.3, or designee, shall enter and submit the same DAR information directly into DHS's Homeland Security Information Network (HSIN).
6 6.3.4.3 PARTIES' Designated Operations Coordinator or designee shall ensure DAR information entered in HSIN is correct and shall make necessary corrections until it is processed for approval.
6.4 Personnel Qualifications and Assignment
6.4.1 Qualifications
Each PARTY shall ensure that personnel assigned to perform Operations pursuant to this Agreement meet the minimum qualifications for their specific classification.
6.4.2 Management, Direction, and Supervision; Independent Contractors The hiring, firing, management, direction, and supervision of each PARTY's personnel, the standards of performance, the discipline of each PARTY's personnel, and all other matters incident to the performance of such services, shall be performed by and be the responsibility of each PARTY in each PARTY's sole but reasonable judgment and in accord with the provisions of applicable labor agreements. Each PARTY shall be the appointing authority for all its personnel provided to OPSG by this Agreement. PARTIES shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to any other PARTY's personnel.
Each PARTY and its respective officers, agents, and employees are independent contractors and are not officers, agents, and employees of any other PARTY. Each PARTY's personnel are under the direct and exclusive supervision of that PARTY, and each PARTY assumes full responsibility for the performance of its own personnel in connection with this Agreement. No PARTY has the authority to bind any other PARTY.
6.4.3 Designated Operations Coordinators
SHERIFF shall select a Designated Operations Coordinator, at the rank of Sheriff's Lieutenant or higher, who shall manage and direct OPSG operations. All other PARTIES shall select a Designated Operations Coordinator for their respective agency under this Agreement. The Designated Operations Coordinator for each PARTY shall serve as their agency contact and shall implement, as needed, appropriate procedures governing the performance of all requirements under this Agreement and shall be responsible for meeting and conferring in good faith to address any disputes which may arise concerning implementation of this Agreement.
6.4.4 Staffing for Basic Services
PARTIES shall ensure that adequate numbers of their qualified respective personnel are always provided to Operations during the term of this Agreement to meet the Basic Services, Scope of Services, and Standards of Service commitments set forth herein.
7 6.4.5 Equipment and Supplies
COUNTY will provide SHERIFF OPSG personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform Operations. Similarly, all other PARTIES will provide their respective OPSG personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform Operations unless otherwise specified in Exhibit D- FY 2021 OPSG Operations Order.
6.4.5.1 PARTIES are responsible for the procurement of their own equipment to be used in Operations.
6.4.5.2 PARTIES shall maintain an inventory list of all equipment purchased with OPSG funds and when practicable, equipment shall be labeled with:
"Purchased with funds provided by the U. S. Department of Homeland Security".
7. COST OF SERVICES/CONSIDERATION
7.1 General
7.1.1 As full consideration for the satisfactory performance and completion by PARTIES of Operations set forth in this Agreement, COUNTY shall reimburse PARTIES for personnel assigned to perform Operations based on claims and submittals as set forth hereunder. Such payments by COUNTY are dependent on the continued availability of funds from the DHS passed through the Cal OES.
7.1.2 PARTIES agree that awarded funds identified as allowable costs, as set forth in Exhibit G – FY 2021 Homeland Security Grant Program Notice of Funding Opportunity (HSGP NOFO), shall be expended only for approved Operations operating expenses and equipment as detailed in Exhibit A – FY 2021 OPSG Budget Worksheet, and that unallowable costs are not reimbursable as set forth in Exhibit G – FY 2021 HSGP NOFO.
7.1.3 No reimbursement shall be made to a PARTY during any period within which that PARTY is in default on filing any informational or financial reports required by SHERIFF. SHERIFF shall make any necessary adjustments to PARTY claims to correct for overpayments, underpayments, or disallowances.
7.2 Project Costs/Rate of Compensation
SHERIFF shall reimburse PARTIES for overtime worked by personnel assigned to perform Operations and shall reimburse for costs approved in Exhibit D – FY 2021 OPSG Operations Order, based upon available funding and the actual costs incurred by PARTIES to provide Operations.
7.3 Reimbursement Method
PARTIES shall submit to SHERIFF, accurate and complete reimbursement forms, labor reports, timesheets, DARs, equipment and equipment maintenance invoices,
8 procurement documents, purchase orders and/or contracts, and proof of payment, that represent amounts to be reimbursed under this Agreement within ninety (90) days from the date when expenditure was incurred. All requests for reimbursement shall be sent to:
San Diego County Sheriff's Department
O-41 Grants Unit (OPSG)
P. O. Box 939062
San Diego, CA 92193-9062
7.3.1 Reimbursement forms and invoices must have the signature of PARTY's Authorized Agent, certifying that the invoice and substantiating documentation, e.g., DARs, timesheets, payroll and labor reports, procurement documents, etc., are true and correct.
7.3.2 PARTIES shall provide payroll records for each person whose costs are reimbursable under this Agreement, to include, at a minimum, the person's name, classification, duty position, task, regular hourly rate, overtime hourly rate, overtime hours worked, date(s) overtime worked, and fringe benefit rate and cost.
7.3.2.1 PARTIES shall make available to SHERIFF for inspection, upon request, all payroll records and any other records that relate to the Basic Services provided under this Agreement.
7.3.3 PARTIES shall submit to SHERIFF, verifiable and complete supporting documentation to substantiate reimbursement requests for service maintenance and/or equipment purchase, to include the equipment inventory ledger, certified copies of invoice, purchase order, proof of payment to vendor and other procurement documentation. Compliance with the disclosure requirements of this Agreement by any PARTY shall not otherwise waive Attorney-Client privilege or any other privilege or exemption.
7.3.3.1 PARTIES shall provide procurement records that show proof of compliance to 2 CFR 200.317-200.327 requirements, and documents that substantiate full and open competition, to include but not limited to copies of solicitation (RFQ, RFB, RFP), rationale for the method of procurement, contract policy, basis for the contract type and price, purchase request, statement of work and other pre-solicitation documents, cost/price analysis (if applicable), profit negotiation (if applicable), purchase orders, federal contract provisions with required language incorporated within contracts under federal award (as directed herein by Exhibit F – Federal Contract Provisions), notice of award, record of protest, performance or other bond documents, specialized endorsements, suspension and debarment listing, etc.
7.3.3.2 PARTIES shall make available to SHERIFF for inspection and upon request, all procurement records that provide historical and background
9 information to answer inquiries pertaining to the acquisition of service maintenance and/or equipment that may arise in a review or audit or until the grant record retention period expires.
7.3.4 PARTIES shall ensure awareness, understanding, and compliance to all grant rules and procurement requirements. PARTIES shall be responsible in making sure that proper authorizations are in place for any OPSG equipment purchase that requires specialized endorsement or approvals, including waiver request forms or Environmental and Historic Preservation (EHP) review and compliance.
7.3.5 Noncompetitive procurements of equipment exceeding the $250,000 simplified acquisition threshold established by Federal Acquisition Regulation (FAR) 48 CFR Subpart 2.1, in accordance with 41 U.S.C. 1908, requires prior written approval from Cal OES.
7.3.5.1 Prior to purchasing equipment determined to be noncompetitive, PARTIES shall email SHERIFF a copy of their Purchasing Agent's approval for the noncompetitive procurement which SHERIFF will submit to Cal OES for approval.
7.3.6 PARTIES shall obtain a performance bond from vendors prior to procuring equipment over $250,000, or any vehicle, aircraft, or watercraft, to be paid at the time of purchase, to ensure delivery of the equipment within ninety (90) days of the performance period end date.
7.3.6.1 Performance bond shall be included for reimbursement with invoice.
7.3.7 Within ninety (90) business days of receipt of valid invoice and supporting documentation specified in subparagraphs under 7.3, SHERIFF will reimburse PARTIES for the Basic Services agreed to.
7.3.8 Each PARTY shall manage their allocation and track their claims to remain within their allocated amount as specified in Exhibit A – FY 2021 OPSG Budget Worksheet.
7.4 Reimbursement Disallowances
PARTIES not in compliance with procedures in paragraph 7.3 above risk having incurred expenditures disallowed for reimbursement by SHERIFF. PARTIES that fail to submit claims for reimbursement within ninety (90) days will be notified in writing by SHERIFF that the claim(s) is/are past due, and funds allocated to the PARTY for that period may be redistributed among other PARTIES.
8. PROGRAM/FINANCIAL ADMINISTRATION
8.1 PARTIES shall use as the primary reference in all programmatic, financial, and grant administration matters and adhere to the policies and regulations in Exhibit E - Title 2 of the
10 Code of Federal Regulations Part 200 (2 CFR Part 200), Exhibit G – FY 2021 HSGP NOFO, Exhibit H – FY 2021 HSGP CA Supplement to the NOFO, and Exhibit I – FEMA Preparedness Grants Manual, in conjunction with updates issued by the Office of Management and Budget (OMB), Grants & Training (G&T) information bulletins, and Cal OES policy, regulations, and statutes.
8.1.1 Contract Provisions
PARTIES shall ensure that all contracts adhere to all applicable procurement rules and regulations stated in 2 CFR 200.317–200.327 and described in Appendix II Part 200 - Contract Provisions for Non-Federal Entity Contracts under Federal Awards.
Reimbursement claims associated with contracts found to be out of compliance will be denied.
8.1.2 Methods of Procurement
PARTIES shall adhere to the procurement methods found in 2 CFR 200, Subpart D, § 200.320.
9. REPAYMENT OF REIMBURSEMENTS
9.1 Any PARTY found through compliance assessments, audits, or monitoring site visits, to be out of compliance with paragraphs 7.3 and 8 above, shall retroactively repay SHERIFF, within ninety (90) days of notification, any reimbursement found out of compliance which was paid to PARTY during the term of, and even after the term, of this Agreement. This provision shall survive termination or expiration of this Agreement.
10. INDEMNIFICATION – WORKERS' COMPENSATION, EMPLOYMENT AND
CLAIMS AND LIABILITY ISSUES
10.1 The COUNTY shall fully indemnify and hold harmless non-County PARTIES and their respective officers, employees and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs and/or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY.
10.2 Each non-County PARTY shall fully indemnify and hold harmless the COUNTY, its officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of that respective non-County PARTY or any contract
11 labor provider retained by non-County PARTY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective non-County PARTY or any contract labor provider retained by the non-County PARTY.
10.3 Each non-County PARTY shall fully indemnify and hold harmless the other nonCounty PARTIES, its officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of that respective non-County PARTY or any contract labor provider retained by non-County PARTY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective non-County PARTY or any contract labor provider retained by the non-County PARTY.
11. INDEMNIFICATION RELATED TO ACTS OR OMISSIONS; NEGLIGENCE
11.1 Claims Arising from Sole Acts or Omissions of a PARTY Each PARTY to this Agreement hereby agrees to defend and indemnify the other PARTIES to this Agreement, their agents, officers, and employees, from any claim, action, or proceeding against the other PARTIES, arising solely out of its own acts or omissions in the performance of this Agreement. At each PARTY's sole discretion, each PARTY may participate at its own expense in the defense of any claim, action, or proceeding, but such participation shall not relieve any PARTY of any obligation imposed by this Agreement.
PARTIES shall notify each other promptly of any claim, action, or proceeding and cooperate fully in the defense.
11.2 Claims Arising from Concurrent Acts or Omissions
The PARTIES hereby agree to defend themselves from any claim, action, or proceeding arising out of the concurrent acts or omissions of the PARTIES. In such cases, PARTIES agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 11.4 below.
11.3 Joint Defense
Notwithstanding paragraph 11.2 above, in cases where PARTIES agree in writing to a joint defense, PARTIES may appoint joint defense counsel to defend the claim, action, or proceeding arising out of the concurrent acts or omissions of PARTIES. Joint defense counsel shall be selected by mutual agreement of PARTIES. PARTIES agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 11.4 below. PARTIES further agree that no PARTY may bind the others to a settlement agreement without the written consent of the others.
12 11.4 Reimbursement and/or Reallocation
Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, PARTIES may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments, and awards, consistent with such comparative fault.
12. GENERAL PROVISIONS
12.1 Notices
Any notice, request, demand, or other communication required or permitted hereunder shall be in writing and may be personally delivered or given as of the date of mailing by depositing such notice in the United States mail, first-class postage prepaid and addressed as follows, or, to such other place as each PARTY may designate by subsequent written notice to each other:
To SHERIFF:
Sheriff
San Diego County Sheriff's Department
P. O. Box 939062
San Diego, CA 92193-9062
To Non-County PARTIES:
Chief Chief
Chula Vista Police Department El Cajon Police Department 315 Fourth Avenue 100 Civic Center Way
Chula Vista, CA 91910 El Cajon, CA 92020
Chief Chief
Escondido Police Department La Mesa Police Department
1163 North Centre City Parkway 8085 University Avenue
Escondido, CA 92026 La Mesa, CA 91942
Chief Chief
Oceanside Police Department San Diego Harbor Police Department 3855 Mission Avenue 3380 North Harbor Drive
Oceanside, CA 92054 San Diego, CA 92101
Chief Chief
University of California-San Diego Sycuan Tribal Police Department Police Department 4 Kwaaypaay Road
9500 Gilman Drive, MC 0017 El Cajon, CA 92019
La Jolla, CA 92093
Chief Chief
Seal Beach Police Department Huntington Beach Police Department 911 Seal Beach Boulevard 2000 Main Street
Seal Beach, CA 90740 Huntington Beach, CA 92648
13 Sheriff Sheriff
Riverside County Sheriff's Department Orange County Sheriff's Department 4095 Lemon Street 550 North Flower Street
Riverside, CA 92501 Santa Ana, CA 92703
Sheriff Sheriff
Los Angeles County Sheriff's Department Ventura County Sheriff's Office Special Enforcement Bureau 800 South Victoria Avenue
1060 North Eastern Avenue Ventura, CA 93009
Los Angeles, CA 90063
Sheriff Sheriff
San Luis Obispo County Sheriff's Office Monterey County Sheriff's Office 1585 Kansas Avenue 1414 Natividad Road
San Luis Obispo, CA 93405 Salinas, CA 93906
Sheriff Sheriff
Santa Barbara County Sheriff's Office San Mateo County Sheriff's Office 4434 Calle Real 400 County Center
Santa Barbara, CA 93110 Redwood City, CA 94063
Chief Chief of Enforcement
California Highway Patrol California Department of Fish and 9330 Farnham Street Wildlife
San Diego, CA 92123 1416 9th Street, Room 1326
Sacramento, CA 95814
Chief
California Department of Parks and
Recreation
1416 9th Street
Sacramento, CA 95814
A notice shall be effective on the date of personal delivery if personally delivered before 5:00 p.m. on a business day or otherwise on the first business day following personal delivery; or two (2) business days following the date the notice is postmarked, if mailed; or on the first business day following delivery to the applicable overnight courier, if sent by overnight courier for next business day delivery and otherwise when received.
12.2 Amendment; Assignment
This Agreement may be modified or amended only by a written document signed by the COUNTY through SHERIFF and the affected PARTY or PARTIES, and no oral understanding or agreement shall be binding on any PARTY or PARTIES. No PARTY shall
14 assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other PARTIES.
12.3 Entire Agreement
This Agreement constitutes the complete and exclusive statement of agreement between the COUNTY and non-County PARTIES with respect to the subject matter hereto.
As such, all prior written and oral understandings are superseded in total by this Agreement.
12.4 Construction
This Agreement will be deemed to have been made and shall be construed, interpreted, governed, and enforced pursuant to, and in accordance with, the laws of the State of California. The headings and captions used in this Agreement are for convenience and ease of reference only and shall not be used to construe, interpret, expand, or limit the terms of the Agreement and shall not be construed against any one PARTY.
12.5 Waiver
A waiver by COUNTY or non-County PARTIES of a breach of any of the covenants to be performed by COUNTY or non-County PARTIES shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions of this Agreement. In addition, the failure of any PARTY to insist upon strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by COUNTY or nonCounty PARTIES of either performance or payment shall not be considered a waiver of PARTY's preceding breach of this Agreement.
12.6 Authority to Enter Agreement
COUNTY and non-County PARTIES have all requisite power and authority to conduct their respective business and to execute, deliver, and perform the Agreement. Each PARTY warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective PARTY.
12.7 Cooperation
COUNTY through SHERIFF and Non-County PARTIES will cooperate in good faith to implement this Agreement.
12.8 Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. SHERIFF will provide each PARTY with a copy of this Agreement once fully executed.
12.9 Severability
This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed upon by the PARTIES, to conflict with any law or regulation, then the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of
15 this Agreement to any PARTY is lost, then the Agreement may be terminated at the option of the affected PARTY, with the notice as required in this Agreement. In all other cases, the remainder of this Agreement shall be severable and shall continue in full force and effect.
12.10 Legislative Changes
If any changes are made to regulations pursuant to which this Agreement is made or to any successor legislation or regulations, or if the DHS imposes any budget requirements or limitations applicable to this Agreement and the services to be provided hereunder, then (1) to the extent any of the changes are of mandatory application, such change(s) shall apply to the PARTIES in this Agreement, and this Agreement shall be deemed to be amended to be consistent with such changes(s) except to the extent that such change(s) alter(s) a material provision of this Agreement in which case such material provision shall be voidable and the PARTIES will negotiate in good faith to amend the Agreement as necessary, and (2) to the extent any of the changes are not of mandatory application, such change(s) shall not affect this Agreement or the right or obligations of COUNTY and non-COUNTY under this Agreement unless the PARTIES mutually agree to subject themselves to such changes(s).
12.11 Representation
Each PARTIES' Chief, and/or Sheriff, or their respective designee, shall represent its PARTY in all discussions pertaining to this Agreement. SHERIFF, or his or her designee, shall represent COUNTY in all discussions pertaining to this Agreement.
12.12 Dispute Resolution Concerning Services and Payment In the event of any dispute concerning services and payment arising from this Agreement, representatives described in paragraph 12.11, will meet, and confer within ten (10) business days after receiving notice of the dispute to resolve the dispute.
12.13 Termination of Funding
If funding for reimbursement of costs related to Operations is terminated by the DHS, this Agreement in its entirety shall be considered null and void and COUNTY through SHERIFF and PARTIES shall no longer be required to provide Operations as described herein. In such event, PARTIES shall meet immediately, and if agreed upon by the PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of Operations through alternate means.
12.14 Obligation
This Agreement shall be binding upon the successors of the PARTIES.
12.15 California Law
This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by, the laws of the State of California.
16 IN WITNESS WHEREOF, the PARTIES hereto approve and agree to the terms of this Agreement, such Agreement being effective July 18, 2022, unless otherwise specified.
Approved as to form and legality:
SAN DIEGO COUNTY CLAUDIA G. SILVA
SHERIFF'S DEPARTMENT OFFICE OF COUNTY COUNSEL
COUNTY OF SAN DIEGO
___________________________ _____________________________ Anthony C. Ray Mark Day
Sheriff Senior Deputy
CHULA VISTA POLICE CITY OF EL CAJON
DEPARTMENT
___________________________ _____________________________ Roxana Kennedy Graham Mitchell
Chief City Manager
Approved as to form:
EL CAJON POLICE CITY OF EL CAJON
DEPARTMENT
___________________________ _____________________________ Mike Moulton Morgan L. Foley
Chief City Attorney
ESCONDIDO POLICE LA MESA POLICE
DEPARTMENT DEPARTMENT
___________________________ _____________________________ David Cramer Ray Sweeney
Interim Chief Chief
OCEANSIDE POLICE SAN DIEGO HARBOR POLICE
DEPARTMENT DEPARTMENT
___________________________ _________________________________ Fred Armijo Magda Fernandez
Chief Chief
17 UNIVERSITY OF CALIFORNIA SYCUAN TRIBAL POLICE
SAN DIEGO POLICE DEPARTMENT DEPARTMENT
___________________________ ___________________________ Lamine Secka William Denke
Chief Chief
SEAL BEACH POLICE HUNTINGTON BEACH POLICE
DEPARTMENT DEPARTMENT
___________________________ ___________________________ Philip L. Gonshak Eric Parra
Chief Chief
RIVERSIDE COUNTY VENTURA COUNTY
SHERIFF'S DEPARTMENT SHERIFF'S OFFICE
___________________________ ___________________________ Chad Bianco William Ayub
Sheriff Sheriff
Approved as to form and legality:
ORANGE COUNTY LEON J. PAGE
SHERIFF'S DEPARTMENT THE OFFICE OF COUNTY COUNSEL
COUNTY OF ORANGE
___________________________ ___________________________ Don Barnes Nicole A. Sims
Sheriff-Coroner Supervising Deputy
Approved as to form:
LOS ANGELES COUNTY DAWYN R. HARRISON
SHERIFF'S DEPARTMENT OFFICE OF THE COUNTY COUNSEL
COUNTY OF LOS ANGELES
___________________________ ___________________________ Alex Villanueva Michele Jackson
Sheriff Principal Deputy County Counsel
18 SAN LUIS OBISPO COUNTY MONTEREY COUNTY
SHERIFF'S OFFICE SHERIFF'S OFFICE
___________________________ ___________________________ Ian Parkinson Steve Bernal
Sheriff Sheriff-Coroner
SANTA BARBARA COUNTY SAN MATEO COUNTY
SHERIFF'S OFFICE SHERIFF'S OFFICE
___________________________ ___________________________ Bill Brown Carlos G. Bolanos
Sheriff-Coroner Sheriff
CALIFORNIA HIGHWAY PATROL CALIFORNIA DEPARTMENT
BORDER DIVISION OF FISH AND WILDLIFE
___________________________ ___________________________ Scott Parker Melinda Peacock
Chief Section Chief
Contracts and Procurement Section
Business Management Branch
CALIFORNIA DEPARTMENT
OF PARKS AND RECREATION
___________________________
Gina Moran
District Superintendent
RESOLUTION NO. 2022-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A MEMORANDUM
OF AGREEMENT BETWEEN THE POLICE DEPARTMENT AND THE SAN
DIEGO COUNTY SHERIFF’S DEPARTMENT FOR THE OPERATION
STONEGARDEN GRANT IN THE AMOUNT OF $279,000
________________________________________________________________ NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, that the City Council authorizes the Chief of Police to sign and enter into a Memorandum of Agreement with the San Diego County Sheriff’s Department and the La Mesa Police Department for the reimbursement of overtime and equipment expenditures incurred while increasing law enforcement presence in the County of San Diego to reduce crime with a border nexus by enforcing state and local laws.
BE IT FURTHER RESOLVED that, the City, if awarded the grant, appropriates the funds in the amount of $279,000 for Operation Stonegarden; 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.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 22nd day of November 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)
FY 2021 OPERATION STONEGARDEN
AGENCY ALLOCATION WORKSHEET
AGENCY NAME TOTAL ALLOCATION
EQUIPMENT QTY COST
Fully Equipped Marked, Patrol Vehicle (SUV) 1 $ 74,000
Mobile LPR for Fully Equipped Marked, Patrol Vehicle (SUV) 1 $ 40,000 FLIR Camera for Fully Equipped Marked, Patrol Vehicle (SUV) 1 $ 5,000 2021 OPSG AWARD AMOUNT 9,250,000 $
La Mesa Police Department
FY 2021 APPROVED EQUIPMENT ALLOCATION FY2021 APPROVED
ALLOCATION
(FINAL ALLOCATION)
FINAL ALLOCATION
160,000 279,000
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: November 22, 2022
SUBJECT: Resolution to Approve the Emergency Purchase of a Replacement Pierce Triple Combination Pumper from
South Coast Fire Equipment to be used by the Fire
Department on Emergency Responses
ISSUING DEPARTMENT: Fire
SUMMARY:
Issues:
Should the City Council adopt a resolution to approve the emergency purchase of a replacement Pierce triple combination pumper from South Coast Fire Equipment for a not to exceed amount of $976,000?
Recommendation:
That the City Council adopt a resolution to approve the emergency purchase of a replacement Pierce combination pumper from South Coast Fire Equipment in an amount not to exceed $976,000
Fiscal Impact:
The quoted cooperative contract cost for the vehicle is $961,334.97. The total cost of the engine should not exceed $976,000. Funds are requested from the unappropriated reserves and will then be moved into the Equipment Replacement Account 1315-6585.
City’s Strategic Goals:
Safe community
Report to Mayor and Councilmembers
Date: November 22, 2022
Page: 2 of 3
BACKGROUND:
The Fire Department uses Triple Combination Pumpers for emergency responses due to the versatility and statewide typing of this piece of equipment. Fire Engine 11 was recently involved in an accident, in which it sustained major damage. The City was not at fault for the accident. It is our intention to utilize all available insurance options for cost recovery. The total repair costs are currently unknown, with the possibility of the fire engine being unrepairable or, at best, the repairs taking over a year to complete.
The loss of Engine 11 has resulted in a 16-year-old reserve engine having to be placed into front line status. It also creates a reduction in our reserve fleet to a single engine that is 20 years old.
The purchase order will be contingent upon Pierce Manufacturing Inc. and Southcoast Fire Equipment meeting the City of La Mesa’s purchasing requirements, including supplying Houston-Galveston Area Council (HGAC) pricing, providing a detailed specification, proof of insurance and bid bond. Delivery of this unit is expected in April of 2023. This is substantially quicker than ordering a custom apparatus, which would be delivered in 22-26 months while incurring a higher cost.
Pierce Manufacturing, Inc. is the supplier of standardized fire engine equipment for the City of La Mesa - Heartland Fire & Rescue fleet because the equipment has proven to be very reliable with minimal down time for repairs. Southcoast Fire Equipment is the exclusive dealer of Pierce Fire Engines. Entering a contract to purchase a fire engine will bring a new apparatus into front-line service, providing reliable service to the citizens.
DISCUSSION:
In accordance with the La Mesa Municipal Code Section 2.40.190 – Cooperative Purchasing, the Purchasing Officer shall have the authority to join with other public jurisdictions in cooperative purchasing plans, programs or pricing agreements. South Coast Fire Equipment is the local supplier of Pierce engines and has provided a quote utilizing pricing from a cooperative purchasing program, the HGAC. The City has previously used this program to purchase other equipment. Once the order is placed for this unit, the truck will be built and is anticipated to arrive within six months. The purchase price of the replacement equipment is expected to not exceed $976,000.
Report to Mayor and Councilmembers
Date: November 22, 2022
Page: 3 of 3
CONCLUSION:
Staff recommends that the City Council adopt a resolution to approve the purchase of a replacement Pierce triple combination pumper from South Coast Fire Equipment in the amount of $976,000.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Steve Swaney
City Manager Fire Chief
____________________________
Tammi Royales
Director of Finance
Attachments: A. Resolution
B. HGAC Contract Pricing Worksheet
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA TO
APPROVE THE EMERGENCY PURCHASE OF A REPLACEMENT
PIERCE TRIPLE COMBINATION PUMPER FROM SOUTH COAST FIRE
EQUIPMENT TO BE USED BY THE FIRE DEPARTMENT ON
EMERGENCY RESPONSES
________________________________________________________________ WHEREAS, the Fire Department uses Triple Combination Pumpers for emergency responses due to the versatility and statewide typing;
WHEREAS, Fire Engine 11 was recently involved in an accident, in which it sustained major damage;
WHEREAS, the total repair costs are currently unknown, with the possibility of the fire engine being unrepairable or, at best, the repairs taking over one year; WHEREAS, the loss of Engine 11 has resulted in a 16-year-old reserve engine having to be placed into front line status. It also creates a reduction in our reserve fleet to a single engine that is 20 years old;
WHEREAS, funds are requested from the unappropriated reserves for this emergency purchase;
WHEREAS, in accordance with the La Mesa Municipal Code Section 2.40.190 – Cooperative Purchasing, the Purchasing Officer shall have the authority to join with other public jurisdictions in cooperative purchasing plans, programs or pricing agreements; WHEREAS, South Coast Fire Equipment is the local supplier of Pierce engines and has provided a quote utilizing pricing from a cooperative purchasing program, the HoustonGalveston Area Council (HGAC); and WHEREAS, once the order is placed for this unit, the truck will be built and is anticipated to arrive within six months with a purchase price not to exceed $976,000.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the City Council intends to award the Purchase of a Replacement Pierce Triple Combination Pumper from South Coast Fire Equipment in an amount not to exceed $976,000.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 22nd day of November 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)
Contract
No.: FS12-19 DatePrepared: 11/14/22
Buying
Agency: Contractor:
Contact
Person:
Prepared
By:
Phone: Phone:
Fax: Fax:
Email: Email:
Product
Code: FS19VC07 Description:
$616,653.00
Cost Cost
$243,212.00
Subtotal B: $243,212.00
Cost Cost
$35,254.00
Subtotal C: $35,254.00
4.10%
1 895119 = Subtotal D: $895,119.00
Subtotal E: $2,000.00
Cost Cost
$74,983.43 $2,193.04
-$12,961.00
$10.50 Subtotal F: $64,225.97
$961,344.97
CONTRACT PRICING WORKSHEET
For MOTOR VEHICLES Only
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly.
La Mesa Fire Department South Coast Fire Equipment/Pierce Manufacturing Todd Nelson Kevin Newell
619-441-1618 909-673-9900
[email protected] [email protected]
Pierce Enforcer, 4-Door, Full-Tilt, Aluminum Cab, Aluminum Body, Single Axle, 1250 GPM Pump, A. Product Item Base Unit Price Per Contractor's H-GAC Contract:
B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable. (Note: Published Options are options which were submitted and priced in Contractor's bid.) Description Description
Description Description
Subtotal From Additional Sheet(s):
C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary E. H-GAC Order Processing Charge (Amount Per Current Policy) Subtotal From Additional Sheet(s):
Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B). For this transaction the percentage is:
D. Total Cost Before Any Applicable Trade-In / Other Allowances / Discounts (A+B+C) Quantity Ordered: X Subtotal of A + B + C:
Tire Fee
Delivery Date: 6-8 months G. Total Purchase Price (D+E+F):
F. Trade-Ins / Other Allowances / Special Discounts / Freight / Installation Description Description
Sales Tax Performance Bond
100% Pre-Payment Discount
Pulse Published Unpublished
Number Qty Description Options Options
109 1 TAK-4 Suspension $19,833.00
106 1 upgrade to 27,000# rear axle $6,124.00
137 1 Brake fittings compression type $1,751.00
143 1 Cummins 450 to x12 $31,802.00
149 1 EVS 3000 TO 4000 $11,772.00
159 1 Add Extended Bumper $2,845.00
161 1 Bumper tray with cover $1,179.00
170 1 Raised roof, custom cab $2,923.00
175 1 Electric Windows $2,579.00
179 1 Safety System $12,511.00
186 1 EMS cabinet $3,902.00
188 3 Upgrade SCBA Bracket to Hands Free $2,802.00
221 1 Camera System Rear only $1,757.00
208 4 Spare 12 volt power (each) $772.00
237 1 IOTA Charger $1,443.00
245 1 Auto-eject 20 amp $669.00
252 1 430 amp Delco alternator $4,839.00
253 1 LED cab lighting $1,185.00
255 1 LED Headlights $2,997.00
259 1 12 volt LED Flood Brow light B $3,984.00
264 8 12 volt LED Flood Recessed or surface (per light) B $25,928.00 266 1 Tail lighting LED Upgrade $2,041.00
285 1 Long Pumper body $4,253.00
297 1 LED Compartment Lighting premium $4,940.00
298 1 Increase Booster Tank to: 1000 Gallons $2,080.00
302 1 Rear Direct tank fill electric $6,219.00
288 2 Catwalk-Hatch Compartment, Each $8,748.00
290 1 Add Right High Side Compartments $4,772.00
310 6 Adjustable Compartment shelves $1,464.00
314 4 Slide-out floor tray $4,104.00
327 2 SCBA Cylinder storage in fender panel triple (each) $3,310.00 326 2 SCBA Cylinder storage in fender panel double (each) $2,780.00 293 1 Ladder Storage next to tank $5,900.00
334 1 Increase Pump from 1250 to 1500 gpm $7,514.00
353 1 Add Large Diameter Side Discharge $6,990.00
343 1 1.5" discharge front bumper $2,752.00
1 Deluge piping and appliance $0.00 $8,952.00
2.5" crosslay with piping $0.00 $4,206.00
403 1 LED Emergency Light Package $17,359.00
382 1 20 gallon foam tank $1,940.00
422 1 Q2B Siren $5,347.00
429 1 Traffic Directing light bar "B" $3,396.00
495 1 Two-tone Cab paint $3,706.00
1 Material surcharge $22,096.00
#N/A $0.00
#N/A $0.00
#N/A $0.00
#N/A $0.00
#N/A $0.00
#N/A $0.00
#N/A $0.00
#N/A $0.00
#N/A $0.00
#N/A $0.00
#N/A $0.00
#N/A $0.00
#N/A $0.00
#N/A $0.00
Base Bid $616,653.00
Published Options $243,212.00
Total Published Options $859,865.00
Unpublished Options $35,254.00 4.10%
Total Options w/o HGAC Fee $895,119.00
DATE: November 22, 2022
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA AMENDING SECTION 2.73.010 OF THE LA
MESA MUNICIPAL CODE TO ADJUST THE NUMBER OF
COMMISSIONERS ON THE COMMUNITY RELATIONS AND
VETERANS COMMISSION
In November 2016, the Aging and Veteran Commission and the Human Relations Commissions were combined to create the Community Relations and Veterans Commission. The Community Relations and Veterans Commission was formed with nine (9) positions on the roster to accommodate representation from both Commissions.
Currently, two (2) members represent the disabled community, two (2) members represent the older adult community, two (2) members represent the veteran community, and three (3) members are at large. All nine (9) members are resident electors of the City. It is recommended to reduce the number of commissioners from nine (9) to seven (7) resident electors of the City; one (1) disabled community representative, one (1) older adult community representative, two (2) veteran community representatives, and three (3) at large representatives. The reduction of commissioners is recommended because there have been challenges recruiting members and struggles with maintaining quorums for meetings.
This update will require reassigning two current Commissioners, Don Long, from an older adult representative to a veteran representative (a seat he has held in the past), and Glenna Bloemen, from a disabled community representative to an older adult representative (a seat she has held in the past). This will leave the Commission with only one (1) at large vacancy to fill.
Staff recommends the Council approve the introduction and first reading of the Ordinance amending Section 2.73.010 of the La Mesa Municipal Code as noted above.
Attachment: A. Draft Ordinance
ORDINANCE NO. 2022-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA AMENDING SECTION 2.73.010 OF THE LA MESA MUNICIPAL CODE TO
ADJUST THE NUMBER OF COMMISSIONERS ON THE COMMUNITY
RELATIONS AND VETERANS COMMISSION
________________________________________________________________ THE CITY COUNCIL OF THE CITY OF LA MESA DOES ORDAIN AS FOLLOWS:
SECTION 1: Section 2.60.010 of the La Mesa Municipal Code is hereby amended to read as follows:
“There is hereby created the community relations and veterans commission of the city of La Mesa. The commission shall consist of seven appointed members. One member shall represent senior adults and shall not be less than fifty-five years of age at the time of appointment. One member shall be disabled or represent the disabled members of the community, three members shall be at large and two members shall represent veterans. These two members must meet one of the following criteria: 1) be an honorably discharged veteran of the United States armed forces; 2) be an active duty armed forces member serving in a civilian capacity; or 3) be a member of a veterans service organization based within the La Mesa city limits which is federally chartered and/or recognized by the department of veterans affairs for claim representation. If these particular appointments cannot be made and consequently vacancies occur, the remaining vacancies may be appointed at large. All seven members shall be resident electors of the city.
Each member is entitled to vote on matters before the commission.” SECTION 3: This Ordinance shall be effective 30 days after its adoption and the City Clerk shall certify to the adoption of this Ordinance and cause the same to be published at least once in the Daily Transcript within 15 days of its adoption.
INTRODUCED AND FIRST READ at a Regular meeting of the City Council of the City of La Mesa, California, held the 22nd day of November 2022, and thereafter PASSED AND ADOPTED at a Regular meeting of said City Council held the 13th day of December 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED:
__________________________
MARK ARAPOSTATHIS, Mayor
ATTEST:
___________________________________
MEGAN WIEGELMAN, CMC, City Clerk
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 correct copy of Ordinance No. 2022-XXXX 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, CMC, City Clerk
(SEAL OF CITY)
DATE: November 22, 2022
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LA MESA ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE
At the Council meeting of October 11, 2022, the Council unanimously approved the introduction and first reading of the Ordinance adopting by reference the 2022 Edition of the California Building Standards Code, Title 24 of the California Code of Regulations, incorporating the 2021 International Building Code, the 2021 International Residential Code, the 2021 Uniform Plumbing Code, the 2021 Uniform Mechanical Code, and the 2020 National Electrical Code, and amending Title 14 of the La Mesa Municipal Code and all other ordinances in conflict therewith.
Staff recommends the Council approve the second reading and adoption of the Ordinance adopting by reference the 2022 Edition of the California Building Standards Code and amending Title 14 of the La Mesa Municipal Code.
Attachment: A. Draft Ordinance
B. Review of Changes in the 2022 CA Building Standards Code
ORDINANCE NO. 2022-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, INCORPORATING THE 2021 INTERNATIONAL BUILDING CODE, THE 2021 INTERNATIONAL RESIDENTIAL CODE, THE 2021 UNIFORM PLUMBING CODE, THE 2021 UNIFORM MECHANICAL CODE, AND THE 2020 NATIONAL ELECTRICAL CODE, AND AMENDING TITLE 14 OF THE LA MESA
MUNICIPAL CODE AND ALL OTHER ORDINANCES IN CONFLICT
THEREWITH
The City Council of the City of La Mesa, California, DOES HEREBY ORDAIN as follows:
SECTION 1. Findings of Local Conditions. Pursuant to Health and Safety Code Sections 17958.5 and 17958.7, the City Council hereby makes the following findings:
A. Mediterranean weather conditions, hilly terrain, density of development, canyons with dry dense brush, and the environment existing in the City of La Mesa constitute local conditions which require that the California Building Code and the California Residential Code be modified as expressed herein.
B. The high water table expansive clay-like soils and history of unregulated grading, including uncompacted fills existing in the City of La Mesa constitute, local conditions which require that the California Building Code be modified as expressed herein.
SECTION 2. Chapter 14.04 of the La Mesa Municipal Code is hereby repealed in its entirety and rewritten to read as follows:
“Chapter 14.04
BUILDING CODE
14.04.010 Adoption of the California Building Code. There is hereby adopted by reference the California Building Code, 2022 Edition (Part 2, Title 24, California Code of Regulations), incorporating the International Building Code, 2021 Edition, published by the International Code Council. Said document is hereby adopted as the Building Code of the City of La Mesa for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings or structures within the City of La Mesa. There is one (1) copy of said Code on file in the office of the City Clerk for use and examination by the public as required by law.” SECTION 3. Chapter 14.05 of the La Mesa Municipal Code is hereby repealed in its entirety and rewritten to read as follows:
“Chapter 14.05
GRADING
14.05.010 Adoption of Appendix J of the California Building Code. There is hereby adopted by the City of La Mesa for the purpose of prescribing regulations governing the excavation and grading on private property and the issuance of permits and providing for the inspection thereof, Appendix J of the California Building Code, 2022 Edition, one (1) copy of which is on file in the office of the City Clerk of the City of La Mesa.
14.05.020 Permits Required. Section J103.2 of Appendix J of the California Building Code, 2022 Edition, adopted by reference in Section 14.05.010 hereof is hereby amended to read as follows:
J103.2 Exemptions. A grading permit shall not be required for the following:
8. An excavation or fill which is less than three (3) feet (915 mm) in depth and does not create a slope steeper than two horizontal to one vertical and does not exceed 100 cubic yards (76.5 m3) on any one lot and does not obstruct or alter a drainage course.
SECTION 4. Chapter 14.08 of the La Mesa Municipal Code is hereby repealed in its entirety and rewritten to read as follows:
“Chapter 14.08
PLUMBING CODE
14.08.010 Adoption of the California Plumbing Code. There is hereby adopted by the City of La Mesa for the purpose of prescribing regulations governing the installation, alteration, or repair of plumbing and drainage systems, the California Plumbing Code, 2022 Edition (Part 5, Title 24, California Code of Regulations), incorporating the Uniform Plumbing Code, 2021 Edition, published by the International Association of Plumbing and Mechanical Officials. There is one (1) copy of said Code on file in the office of the City Clerk for use and examination by the public as required by law.”
SECTION 5. Chapter 14.09 of the La Mesa Municipal Code is hereby repealed in its entirety and rewritten to read as follows:
“Chapter 14.09
MECHANICAL CODE
14.09.010 Adoption of the California Mechanical Code. There is hereby adopted by the City of La Mesa for the purpose of prescribing regulations governing the design, installation, alteration, or repair of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heating producing appliances within the City of La Mesa, the California Mechanical Code, 2022 Edition, (Part 4, Title 24, California Code of Regulations), incorporating the Uniform Mechanical Code, 2021 Edition, published by the International Association of Plumbing and Mechanical Officials. There is one (1) copy of said code on file in the office of the City Clerk for use and examination by the public as required by law.”
SECTION 6. Chapter 14.10 of the La Mesa Municipal Code is hereby repealed in its entirety and rewritten to read as follows:
“Chapter 14.10
ELECTRICAL CODE
14.10.010 Adoption of the California Electrical Code. There is hereby adopted by the City of La Mesa for the purpose of operation and maintenance of all electrical wiring and electrical apparatus of any nature, whether inside or outside of any building, the California Electrical Code, 2022 Edition (Part 3, Title 24, California Code of Regulations), incorporating the National Electrical Code, 2020 Edition, published by the National Fire Protection Association. There is one (1) copy of said Code on file in the office of City Clerk for use and examination by the public as required by law.”
SECTION 7. Chapter 14.12 of the La Mesa Municipal Code is hereby repealed in its entirety and rewritten to read as follows:
“Chapter 14.12
RESIDENTIAL CODE
14.12.010 Adoption of the California Residential Code. There is hereby adopted by reference the California Residential Code, 2022 Edition (Part 2.5, Title 24, California Code of Regulations), incorporating the International Residential Code, 2021 Edition, published by the International Code Council. Said document is hereby adopted as the Residential Code of the City of La Mesa for regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every detached one- and two-family dwelling, efficiency dwelling unit, and townhouse not more than three stories above grade plane in height with a separate means of egress and structures accessory thereto within the City of La Mesa. There is one (1) copy of said Code on file in the office of the City Clerk for use and examination by the public as required by law.
14.12.020 Climatic and Geographic Design Criteria. Table R301.2(1) of the California Residential Code, 2022 Edition, adopted by reference in Section 14.12.010 hereof is hereby amended to read as follows:
TABLE R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
Ground
Snow Load
Wind Design
Seismic
Design
Category
Subject to Damage from
Winter
Design
Tempe
Ice Barrier
Underlayment
Requiredh
Flood
Hazardg
Air
Freezing
Indexi
Mean
Annual
Tempj
Wind Speedd
(mph)
Topographic Effectsk WeatheringaFrost Line
Depthb Termitec
Zero 85 No D1 Negligible 12” Very Heavy 44oF No Footnote ‘g’ Zero 60oF For SI: 1 pound per square foot = 0.0479kPa, 1 mile per hour = 0.447m/s.
Footnotes:
a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., “negligible, “moderate” or “severe”) for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C34, C55, C62, C73, C90, C129, C145, C216 or C652. b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost depth column with the minimum depth of footing below finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2(4)]. Wind exposure category shall be determined on a sitespecific basis in accordance with Section R301.2.1.4. e. Temperatures shall be permitted to reflect local climates or local weather experience as determined by the Building Official.
f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. The jurisdiction shall fill in this part of the table with:
(a) the date of the jurisdiction’s entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), i.e., City of La Mesa Ordinance 2002-2721 06/25/2002,
(b) the date(s) of the Flood Insurance Study, i.e., Study date 01/31/2001 adopted by Ordinance 2002-2721;
(c) the panel numbers and dates of all currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended, i.e., Panel 06073C1643H current effective date 09/28/2006; Panel 06073C1644G current effective date 09/05/2006.
h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with “YES”. Otherwise, the jurisdiction shall fill in this part of the table with “NO”. i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99%) value on the National Climatic Data Center data table “Air Freezing Index – USA Method (Base 32o)” at www.ncdc.noaa.gov/fpsf.html.
j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table “Air Freezing Index – USA Method (Base 32oF)” at www.ncdc.noaa.gov/fpsf.html.
k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed up effects, the jurisdiction shall fill in this part of the table with “YES.” Otherwise the jurisdiction shall indicate “NO” in this part of the table.”
SECTION 8. Chapter 14.13 of the La Mesa Municipal Code is hereby repealed in its entirety and rewritten to read as follows:
“Chapter 14.13
GREEN BUILDING CODE
14.13.010 Adoption of the California Green Building Standards Code. There is hereby adopted by reference the California Green Building Standards Code, 2022 Edition (Part 11, Title 24, California Code of Regulations). Said document is hereby adopted as the Green Building Code of the City of La Mesa for establishing minimum standards to improve public health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices. There is one (1) copy of said Code on file in the office of the City Clerk for use and examination by the public as required by law.” SECTION 9. Chapter 14.14 of the La Mesa Municipal Code is hereby repealed in its entirety and rewritten to read as follows
“Chapter 14.14
EXISTING BUILDING CODE
14.14.010 Adoption of the California Existing Building Code. There is hereby adopted by reference the California Existing Building Code, 2022 Edition (Part 10, Title 24, California Code of Regulations), based on the 2021 International Existing Building Code. Said document is hereby adopted as the Existing Building Code of the City of La Mesa for regulating alteration, repair, addition, and change of occupancy or relocation of existing building and structures. There is one (1) copy of said Code on file in the office of the City Clerk for use and examination by the public as required by law.”
SECTION 10. Constitutionality. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council of the City of La Mesa hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, respective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional. If any provision of this Ordinance or application thereof to any person or circumstances is held invalid. Such invalidity shall not affect other provisions or applications and, to this end, the provisions of the Ordinance are declared to be severable.
SECTION 11. This Ordinance shall be effective January 1, 2023 and the City Clerk of the City of La Mesa is hereby authorized to use summary publication procedures pursuant to Government Code Section 36933 utilizing the Daily Transcript, a newspaper of general circulation published in the City of La Mesa.
INTRODUCED AND READ at a Regular meeting of the City Council of the City of La Mesa, California, held the 11th day of October 2022, and thereafter PASSED AND ADOPTED at a Regular meeting of said City Council held the 22nd day of November 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED:
__________________________
MARK ARAPOSTATHIS, Mayor
ATTEST:
___________________________________
MEGAN WIEGELMAN, CMC, City Clerk
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 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, CMC, City Clerk
(SEAL OF CITY)
Review of changes in the 2022 California Building Standards Code The following provides a review of the Building Code Adoption process and a summary of significant changes in the 2022 edition of the California Building Standards Code (Title 24, California Code of Regulations) compared to the existing code affecting permits in the City of La Mesa.
Adoption process
State Law requires that the City of La Mesa adopt the same edition of the model technical codes as adopted and amended by the State. The California Building Standards Code incorporating the latest edition of the model technical codes applies in all parts of California. Failure to adopt the codes within 180 days of State adoption results in the codes being enforced by the City by default. The California Building Standards Commission has published and adopted the 2022 Edition of the California Building Standards Code that incorporates the 2021 International Building Code, the 2021 International Residential Code, the 2021 Uniform Plumbing Code, the 2021 Uniform Mechanical Code, 2020 National Electrical Code, 2022 California Green Building Standards Code and the 2022 California Existing Building Code, based on 2021 International Existing Building Code.
Section 18947.5 of the State Health and Safety Code provides that local amendments to the State's Building Standard for all occupancies are limited to those amendments required to addresslocalclimatic,geological ortopographical conditions.
Summary
The following is a summary of the Building Codes that staff has identified as relevant to future design and development within the City of La Mesa. The Residential Code brings important updates to “Aging in place” design to contribute towards California’s housing goals. The 2022 Energy Code encourages the state’s clean energy goals with efficient electric heat pumps and electric-ready requirements for new homes. It expands on solar photovoltaic and battery storage standards, strengthens ventilation standards, and more.
The 2022 California Green Code brings progressive changes related to electric vehicle (EV) charging that account for the Governor’s Executive Orders to achieve over 1.5 million zero emission vehicles (ZEV’s) on California roadways in 2025. Furthermore, the Building, Residential, Plumbing and Mechanical codes all officially changed permit expirations from 180 days to 12 months, in agreement with La Mesa’s existing Municipal Code. 2022California Building Code (2021 International Building Code) CCR Title 24 Part 2
CBC 105.5.1 Permit expiration
New section changed permit expiration from 180 days to 12 months.
CBC 310.3 Residential Group R- 2
Amended definition for Group R-2 to meet requirements of SB 234, Small and large family child care in apartment houses can operate in R-2 occupancies when they comply with Health and Safety Codes.
CBC 508 Mixed Use and Occupancy
Amendment permitting the consideration of some uses as accessory occupancies, mainly in medical and long-term care facility occupancy exterior entrances.
CBC 710A Accessory Buildings and Misc Structures
Clarifies that Group U occupancy accessory buildings shall conform to this section.
Amendment and subsections that are organized by categories of distances from applicable buildings and mandate enforcement for buildings greater than 120 sq feet.
CBC 903.3.1.1.3 Solar Photovoltaic power systems
Amendment to delete requirement for the installation of smoke detectors in outdoor locations as a substitute for sprinkler protection.
CBC 11B 108 Maintenance of Accessible Features
Added requirements to include facilities regulated by Ch 11B. 2022 California Residential Code(2021 International Residential Code) CCR Title 24 Part 2.5
CRC 105 Permit expiration
New section changed permit expiration from 180 days to 12 months.
CRC 326 Habitable Attics
New section that states a habitable attic shall be considered a story above grade plane.
CRC 327 Aging in place design and fall protection
Sets infrastructure in new residential construction for grab bars, electrical control height, and door sizing for at least one bedroom and one bath on the entry level. 2022 California Electrical Code (2020 National Electrical Code) CCR Title 24 Part3
Article 404.4 Damp or Wet Locations. (C)
Switches in Tub or Shower Spaces Amendment to reduce the restriction distance for the installation of receptacles from five feet to three feet horizontally. 2022 California Mechanical Code (2020 Uniform Mechanical Code) CCR Title 24 Part 4
CMC 104.4.3.1 Permit Expiration
New section changed permit expiration from 180 days to 12 months. 2022 California Plumbing Code (2020 Uniform Plumbing Code) CCR Title 24 Part 5
CPC 105.5.1 Permit Expiration
New section changed permit expiration from 180 days to 12 months. 2022 California Energy Code (2019 California Energy Code) CCR Title 24 Part 6
A) Residential
Section §150.1(c)6 Space heating equipment must be a heat pump in climate zones 3, 4, 13, and 14. In other climate zones it can be either a heat pump or a gas heating system.
Section §150.1(c)8 Water heating equipment must be a HPWH meeting certain criteria or solar water heating system with electric backup.
Section §150.0(s) New energy storage system (ESS) ready requirements, including interconnection equipment or a dedicated raceway, a minimum of four branch circuits, a minimum busbar rating of 225 amps, and space for future installation of a system isolation equipment or transfer switch.
Section §150.0(t)-(v) New electric ready requirements for space heating, cooking, and clothes dryers when gas equipment is installed. Electrical infrastructure must be provided and reserved to the equipment location for the future installation of electrical appliances.
Section §150.1(c)14 No PV system required when size is less than 1.8 kWdc.
B) Non Residential
Section §140.10 New prescriptive requirements added for PV and battery storage systems for specific building types.
Section §140.1(b) Energy Commission-approved shared solar PV, other renewable electric generation system, or ESS may be used to meet PV or ESS requirements using the performance method.
2022 California Green Building Standards Code
CCR Title 24 Part 11
A) Residential
4.106.4 and subsections. EV charging for new construction Expanded EV charging requirements to installation of EV charging receptacles and EV chargers (EVSE). Modified Exception 1 to address situations in which there is no local utility power supply or when the local utility is unable to supply adequate power. Repealed references to specific dollar amounts for exceptions due to variations in utility costs based upon locations. Included an exception related to adverse impact to construction cost of a project, similar to the provision for nonresidential EV charging.
4.106.4.2 New multifamily dwellings, hotels and motels and new residential parking facilities
New regulation to clarify that calculations for EV spaces are to be rounded up to the
nearest whole number and EV spaces to be counted as parking spaces only for the purposes of meeting parking space requirements at the local level (Vehicle Code Section 22511.2).
4.106.4.2.1 Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms New regulation requiring that ten percent of the total number of parking spaces on a building site support future Level 2 EVSE, the installation of EV ready spaces for twentyfive percent (25%) of the total number of parking spaces equipped with low power Level 2 EV charging receptacles, and clarification that no more than one receptacle must be installed per dwelling unit.
4.106.4.2.2 Multifamily development projects with 20 or more dwelling units, hotels and motels with 20 or more sleeping units or guest rooms
New regulations requiring that ten percent (10%) of the total number of parking spaces on site support future Level 2 EVSE; the installation of EV-ready spaces for twenty-five percent (25%) of the total number of parking spaces equipped with low power Level 2 EV charging receptacles; and five percent (5%) of the total number of parking spaces shall be equipped with Level 2 EVSE. The use of an ALMS is allowed when low-power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required.
4.106.4.2.2.1 Electric vehicle charging stations (EVCS) Added requirements for space location and dimensions, with a reference to the California Building Code to address accessibility.
4.106.4.2.3 EV space requirements
Amended requirements for single and multiple EV spaces, and added a requirement for EV-ready space signage.
4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings
Expanded EV charging infrastructure for additions and alterations triggered when new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered, and the work requires a building permit. The new regulation requires that 10 percent (10%) of the total number of parking spaces being added or altered be EV capable to support future Level 2 EVSE.
B) Non-Residential
5.106.5.2 Designated parking for clean air vehicles
Repealed the mandatory requirement for designated parking for clean air vehicles.
5.106.5.3 Electric vehicle (EV) charging and subsections Amended to increase the EV capable space percentages and add a new requirement for installed Level 2 or DCFC chargers.
5.106.5.4 Electric vehicle (EV) charging: medium-duty and heavy-duty and subsections Added new regulations for electric vehicle charging readiness requirements for new construction of warehouses, grocery stores and retail stores with planned off-street loading spaces.
DATE: November 22, 2022
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF LA MESA ADOPTING BY
REFERENCE THE 2022 EDITION OF THE CALIFORNIA FIRE CODE
At the Council meeting of November 8, 2022, the Council unanimously approved the introduction and first reading of the Ordinance adopting by reference the 2022 Edition of the California Fire Code, known as the California Code of Regulations, Title 24, Part 9 (CCR, T-24, P-9), incorporating the International Fire Code, 2021 Edition published by the International Code Council, with certain amendments, additions and deletions, and amending Title 11 of the La Mesa Municipal Code and all other ordinances in conflict therewith.
Staff recommends the Council approve the second reading and adoption of the Ordinance adopting by reference the 2022 Edition of the California Fire Code and amending Title 11 of the La Mesa Municipal Code.
Attachment: A. Draft Ordinance
B. Ordinance Strikeout and Code References
ORDINANCE NO. 2022-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA FIRE CODE, KNOWN AS THE CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9 (CCR, T-24, P-9), INCORPORATING THE INTERNATIONAL FIRE CODE, 2021 EDITION PUBLISHED BY THE INTERNATIONAL CODE
COUNCIL, WITH CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS, AND AMENDING TITLE 11 OF THE LA MESA MUNICIPAL CODE AND ALL
OTHER ORDINANCES IN CONFLICT THEREWITH
THE CITY COUNCIL OF THE CITY OF LA MESA DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings of local conditions. Pursuant to Health and Safety Code Section 17958, the City Council makes the following finding:
A. Hot summer Mediterranean climate (Koppen), hilly terrain, density of development, canyons and dry dense brush, and the environment existing in the City of La Mesa constitute local conditions which require the California Fire Code be modified as expressed therein.
SECTION 2. Chapter 11.04 of the La Mesa Municipal Code is hereby repealed in its entirety and rewritten to read as follows:
Chapter 11.04
FIRE CODE
11.04.010 California Fire Codes, 2022 Edition – Adopted by reference The California Fire Code, 2022 Edition, and including Appendix Chapters 4, B, BB, C, CC, H, and O but excluding section 109 and 112.4 as published by the International Code Council, is adopted by reference as the fire code of the city (the "fire code"), for protecting the interests of health, life and safety as they relate to the use or occupancy of building or premises. All of the regulations, provisions, penalties, conditions and terms of the California Fire Code 2022 Edition, are referred to, adopted and made a part of this chapter as though fully set out in this chapter, excepting such portions as are added, deleted, modified or amended by this chapter. The California Fire Code is referred to in this chapter as the "CFC" and one copy is on file in the office of the city clerk.
11.04.020 – Repealing of Previous Ordinance
Ordinance 2019-2875 of the City of La Mesa adopting by reference the California Fire Code, 2019 Edition, known as the California Code of Regulations, Title 24, Part 9 incorporating the International Fire Code, 2018 Edition, published by the International Code Council, and all other ordinances or parts of ordinance in conflict herewith are hereby repealed.
11.04.030 Section 101.1 Amended - Title
Section 101.1 of the CFC is amended to read as follows:
2 101.1 Title. These regulations will be known as the Fire Code of the City of La Mesa, hereinafter referred to as "this code".
11.04.040 Section 105.3.1 Amended – Expiration
Section 105.3.1 of the CFC is amended to read as follows:
105.3.1 Expiration. An operational permit shall remain in effect until reissued, renewed or revoked, or such a period of time as specified in the permit. Construction permits shall automatically become invalid unless the work authorized by such permit is commenced within one hundred eighty days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of one hundred eighty days after the time the work is commenced. If a final inspection is not obtained within the three-year time period, a permit will become invalid and a new permit will be required. Before such work commences, a new permit shall be first obtained and the fee to recommence work, if any, shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year. Permits are not transferable and any changes in occupancy, operation, and tenancy or owner shall require that a new permit be issued.
11.04.080 Section 107 Amended and Added – Schedule of Fees Section 107.2 of the CFC is amended to read as follows:
107.2 Schedule of fees. The permit fees for all permits authorized by this code shall be as listed in the City of La Mesa Schedule of Fees.
Section 107.5 of the CFC is added to read as follows:
107.7 Cost Recovery. This section is to establish authority to obtain reimbursements from responsible individuals for the expenses of any emergency response and/or code enforcement action by the City of La mesa Fire Department to protect the public from fire or hazardous substances and situations as allowed by the general laws if the State of California and the La Mesa Municipal Code.
Section 107. 7 of the CFC is added to read as follows:
107.7 Reimbursements. (a) in accordance with the Health as Safety Code Section 13000 et seq., any individual who acts negligently or in violation of the law and thereby requires the jurisdiction to provide an emergency response to a danger posed by a fire or hazardous substances shall be liable for reimbursement to the agency for the cost incurred.(b) In accordance with Government Code Sections 53150 through 53158, any individual who is under the influence of an alcoholic beverage or any drug or the combined influence of an alcoholic beverage or any drug, and whose negligent operation of a motor vehicle, boat or vessel, or civil aircraft caused by that influence, proximately causes any incident and thereby requires that agency to provide an emergency response shall reimburse the agency for the cost incurred.
Section 107.8 of the CFC is added to read as follows:
107.8 Expense Recovery. This section establishes authority to obtain from responsible individuals for the expanse of any emergency response and/or enforcement action by the City of
3 La Mesa Fire Department to protect the public from fire, hazardous substances and dangerous situations as allowed under the La Mesa Municipal Code and by laws if the State of California.
Section 107.9 of the CFC is added to read as follows: 107.9 Cumulative Remedies. The remedies contained in this code are cumulative and inclusive of other remedies contained in the La Mesa Municipal Code. Nothing herein prevents the City Attorney or appropriate enforcement officer from pursuing remedies at law or equity to address violations of this code. Nothing herein shall prevent the application of civil remedies authorized by La Mesa Municipal Code Section
1.12.010(e).
11.04.050 Section 111 Amended - Board of Appeals
Section 111 of the CFC is amended to read as follows:
Appeals Board. Appeals to the decisions or determinations made by the Fire Marshal or Fire Code Official relative to the application and interpretation of the Fire Code adopted by the City, the applicant may appeal the decision to the Fire Chief and the City Manager within thirty (30) days from the date of the decision appealed and further defined in the City of La Mesa Municipal Code 11 .12. 030.
11.04.060 Section 112.4 Amended - Violation Penalties
Section 112.4 is amended to read as follows:
Violation Penalties. Any person who violates a provision of this code or shall fail to comply with any of the requirements thereof or who shall to erect, install, alter, repair or do work in violation of the approved construction documents or lawful directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of an infraction or misdemeanor, punishable by a fine of not more than $1,000 dollars or by imprisonment in the County jail not to exceed six (6) months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time as determined by the fire code official: and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.
11.04.070 Section 113.4 Amended - Failure to Comply
Section 113.4 of the CFC is amended to read as follows:
Section 113.4 Failure to Comply. Any person, who shall continue any work having been served with a stop work notice, except such work as that the person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $250 dollars or more than $1,000 dollars.
11.04.090 Section 202 Amended – Definitions
Section 202 of the CFC is amended by adding the following definitions:
Accessory Structure is a building or structure used to shelter or support any material, equipment, chattel, or occupancy other than a habitable building. (A) (See Structure).
4 Combustible Vegetation is material that in its natural state will readily ignite, burn and transmit fire from the vegetation growth to any structure: this includes ground fuels which are any native or landscape vegetation not considered a tree and generally in contact with the ground.
Fire Authority Having Jurisdiction (FAHJ) is the designated entity providing enforcement if the fire regulations as they relate to planning, construction, and development. This entity may also provide fire suppression and other emergency services.
Fire Department is any regularly organized fire department, fire protection district, a legally formed volunteer fire department recorded with the County of San Diego, or a fire company regularly charged with the responsibility of proving fire protection to the jurisdiction.
Fire Hazard is anything that increases or could create an increase of hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or anything or act which could obstruct, delay, hinder or interfere with the operations of the fire department or egress of the occupants in the event of fire.
Fuel Modification Zone is a strip of land where combustible vegetation has been thinned, modified or both and partially or totally replaced with approved drought tolerant, fire resistant, and/or irrigated plants to provide an acceptable level of risk from vegetation fires. Fuel modification reduces radiant and convective heat, thereby reducing the amount of heat exposure on the roadway or structure and providing fire suppression forces a safer area in which to operate.
Hazardous Fire Area is any geographic area mapped by State or local jurisdiction as a high or very high fire hazard area, or as set forth by the FAHJ that contains the type and condition of vegetation, topography, weather, and structure density to potentially increase the possibility of vegetation conflagration fires shall be considered a hazardous fire area.
Heavy Timber Construction as described in the California Building Code.
Off-site Roadway is a road, street, public highway, or private road, used for fire apparatus, access from a publicly maintained road to the boundary of the subject property.
On-site Roadway is a road, street, public highway, private road, or driveway used for fire apparatus access within the boundaries of the subject property or land division. Planning Authority Having Jurisdiction (PAHJ) is the identified authority regulating and enforcing planning and/or construction standards.
Response Time is the elapsed time from the fire department's receipt of the first alarm to when the first fire unit arrives on the scene.
Travel Time is the estimated time it would take for a responding agency to travel from the fire station to the furthest structure in a proposed development project, determined by measuring the safest, most direct, appropriate, and reliable route with consideration given to safe operating speeds for heavy fire apparatus.
Vegetation Conflagration is an uncontrolled fire spreading through vegetative fuels, and exposing and consuming structures in the advancing path of fire.
5 11.04.100 Section 503.2.1 Amended – Dimensions
Section 503.2.1 of the CFC is amended to read as follows:
Section 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed improved width of not less than twenty (20) feet, except for single family residential driveways not to exceed 150 feet in length from the public-right-a-way and serving no more than two single family dwellings, shall have a minimum of sixteen (16) feet unobstructed improved width. Any of the following, which have separated lanes of one-way traffic: gated entrances with card readers; guard stations or center medians, are allowed, provided that each lane is not less that fourteen (14) feet wide. All fire apparatus access roads shall have an unobstructed vertical clearance of not less than thirteen feet six inches (13'6"). Vertical clearance or road width shall be increased when, in the opinion of the fire code official, vertical clearances or road widths are not adequate to provide fire apparatus access.
11.04.040 Section 503.1 Added – Fire Lane Designation
Section 503.3.1 of the CFC is added to read as follows:
503.3.1 Fire lane designation. Where the fire code official determines that it is necessary to ensure adequate fire access, the fire code official may designate existing roadways as fire access roadways as provided by Vehicle Code Section 22500.1 (public) or 22658(a) (private).
11.04.010 Section 505.1 Amended – Address Identification Section 505.1 of the CFC is amended to read as follows:
Section 505.1 Address Identification. Address Numbers. Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, and shall meet the following minimum standards as to size: minimum three inches (3") high with a one-half inch (~"- stroke for individual suites and apartments, minimum four inches (4") high with a one-half inch (1/2") stroke for residential buildings, minimum eight inches (8") high and one-half (1/2") stroke for commercial, multi-residential building, and industrial buildings. Additional numbers shall be required where deemed necessary by the fire code official, such as rear access doors, building corners, and entrances to commercial centers. The fire code official may require larger address numbers based on visibility and the needs of emergency response personnel.
11.04.130 Section 505.3 Added – Response Map Updates
Section 505.3 of the CFC is added to read as follows:
505.3 Response map Updates. Any new development, which necessitates updating of the emergency response maps by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in a format compatible with current department mapping services, and shall be charged a reasonable fee for updating all response maps.
6 11.04.200 Section 5704.2.9.6.1 Amended – Location where above-ground tank are prohibited
Section 5704.2.9.6.1 of the CFC is amended to read as follows:
Location where above-ground tanks are prohibited. Storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited except for zones classified as commercial or industrial.
11.04.210 Section 5706.2.4.4 Amended – Location where above-ground tank are prohibited
Section 5704.2.4.4 of the CFC is amended to read as follows:
5705.2.4.4 Location where above-ground tanks are prohibited. Storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited except for zones classified as commercial or industrial.
11.04.220 Section 5806.2 Amended – Limitations
Section 5806.2 of the CFC is amended to read as follows:
5802.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited except for zones classified as commercial or industrial.
11.04.230 Section 6104.2 Amended – Maximum capacity within established limits Section 6104.2 of the CFC is amended to read as follows:
6104.2 Maximum capacity within established limits. The geographic limits in which the bulk storage of liquefied petroleum gas is prohibited for the protection of heavily populated and congested areas is hereby established as jurisdiction limits of the City of La Mesa except for areas zoned for industrial use."
SECTION 3. Constitutionality. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council of the City of La Mesa hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, respective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional. If any provision of this Ordinance or application thereof to any person or circumstances is held invalid. Such invalidity shall not affect other provisions or applications and, to this end, the provisions of the Ordinance are declared to be severable.
SECTION 4. This Ordinance shall be effective January 1, 2023 and the City Clerk of the City of La Mesa is hereby authorized to use summary publication procedures pursuant to Government Code Section 36933 utilizing the Daily Transcript, a newspaper of general circulation published in the City of La Mesa.
7 INTRODUCED AND FIRST READ at a Regular meeting of the City Council of the City of La Mesa, California, held the 8th day of November 2022, and thereafter PASSED AND ADOPTED at a Regular meeting of said City Council held the 22nd day of November 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED:
__________________________
MARK ARAPOSTATHIS, Mayor
ATTEST:
___________________________________
MEGAN WIEGELMAN, CMC, City Clerk
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 correct copy of Ordinance No. 2022-2XXX 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, CMC, City Clerk
(SEAL OF CITY)
Attachment B
Deleted
11.04.010 California Fire Codes, 2022 Edition – Adopted by reference Appendix D.
Explanation:
Appendix D puts unnecessary design constraints on infrastructure that is generally not operationally necessary and goes beyond the minimum design requirements as set forth in CFC Ch. 5.
11.04.100 Section 503.2.1 Amended – Dimensions
- Exception: Upon approval of the fire code official. Vertical clearance or road width may be reduced as long as the reduction does not impair access by fire apparatus. In cases where the vertical clearance has been reduced, approved signs shall be installed and maintained indicating the amount of vertical clearance.
Explanation
This exception is less restrictive than State code and is therefore unenforceable.
DATE: November 22, 2022
TO: Mayor and Members of the City Council
FROM: Councilmember Laura Lothian
SUBJECT: CONSIDERATION OF DIRECTING STAFF TO DRAFT POLICIES
REQUIRING PUBLIC NOTIFICATION OF ALL SIGNIFICANT OR
IMPACTIVE DEVELOPMENT PROJECTS UNDER CONSIDERATION
Background
As City Council members are aware, the recent discussion of the five-story apartment project in the Village on the site of the old Randall Lamb building resulted in several residents expressing concerns they had not been informed of the development proposal.
Given the nature of the development, the City was not obligated to publish any related information regarding the proposal nor inform businesses and residences within a certain distance of the site.
As a result, the project proposal may have gone largely undetected by many who might otherwise have had an interest and concerns.
Discussion and Consideration
In many instances, the City has an obligation to inform nearby property owners, businesses and/or residents of upcoming public hearings on development projects. In other instances, this is not the case.
The legal differences between what constitutes a requirement for notification and what doesn't is very likely confusing to the public, as well as the City Council, Planning Commission, and others.
From a transparency, due diligence, good governance, and trust in government standpoint, I believe it incumbent on the City to utilize reasonable, good faith efforts to inform the public of projects that may be significant or impactful on surrounding areas.
It is within the city's purview to inform the public of such proposals using means over and above what is minimally required.
Means of communicating such information could include the City's website's homepage, social media, the placement of signage on the property, and written notices sent to businesses and residences within a certain distance of the proposed project site (such as 300 feet). My City Council colleagues may have other ideas in this regard.
The other question is how will the determination be made as to what constitutes a significant or impactive project, and thus requiring notifications to the public? Would this be based on square footage, number of residential units, location, projects requiring waivers or variances, and/or projects not in compliance with Specific Plans or the General Plan?
I believe a constructive discussion by the City Council will provide enough input to staff so they may draft a policy proposal for consideration.
I request my colleagues join me in providing appropriate direction to staff to draft the needed policy changes in this regard. I look forward to the discussion.
DATE: November 22, 2022
TO: Mayor and Members of the City Council
FROM: Councilmember Jack Shu and Councilmember Bill Baber SUBJECT: CONSIDERATION OF AMENDING THE WORK PLANS FOR THE
ENVIRONMENTAL SUSTAINABILITY COMMISSION, LA MESA
COMMUNITY PARKING COMMISSION, MOBILITY COMMISSION, AND
THE PLANNING COMMISSION TO INCLUDE PROPOSED ACTIONS
FOR THE CITY TO TAKE WHICH WOULD REDUCE GREENHOUSE GAS
EMISSIONS AND POLLUTIONS AND BE CONSISTENT WITH THE
CURRENT CLIMATE ACTION PLAN AS WELL AS THE ANTICIPATED
CHANGES TO THE NEXT UPDATED CLIMATE ACTION PLAN
In light of the previous two Council Resolutions declaring a climate emergency and direction to staff and commissions to take action, the work plans for the Sustainably, Mobility, Planning and Community Parking Commissions be immediately amended to include proposed actions for the city to take which will reduce greenhouse emissions and pollution. These proposed actions should be consistent with the current Climate Action Plan as well as anticipated changes to the next updated CAP. They should meet or exceed the City's commitment to reduce GHG reduction targets in the CAP. Examples of proposed actions may include but are not limited to the following: transportation management plans for new developments; parking management systems; creation of parking districts which promote less driving and manage availability for local needs; incentive programs for people to drive less, changes to city building ordinances to reduce GHGs etc. The City Manager is further directed to give ongoing reports to the Council on the progress of Commissions and staff on this matter not less than every six months and bring proposed actions to the Council on a timely basis.
DATE: November 22, 2022
TO: Mayor and Members of the City Council
FROM: Councilmember Jack Shu and Councilmember Bill Baber SUBJECT: CONSIDERATION OF DIRECTING STAFF TO SEEK FUNDING
POSSIBILITIES INCLUDING, BUT NOT LIMITED TO, PARTNERING WITH
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) TO
SUBMIT A CALTRANS PLANNING GRANT, TO ASSESS THE FEASIBILITY
OF GRADE SEPARATION FOR SPRING STREET AND THE TROLLEY LINE
THROUGH THE CITY OF LA MESA
That the City investigates and seeks funding possibilities for a grade separation feasibility study for Spring Street and the trolley line through the City of La Mesa. The feasibility study and other associated work will be in partnership and/or collaboration with SANDAG, MTS and other agencies as appropriate.
La Mesa has the opportunity to partner with SANDAG to submit a Caltrans planning grant to assess the feasibility of grade separation for the Spring Street trolley station. The planning study will identify and assess feasibility of alternatives to enhance rail operations through La Mesa. This study will look to reduce barriers to multi-modal circulation in the project area. The team anticipates analyzing planning concepts for alignments both above and below grade. The study will develop planning-level conceptual design and high-level cost estimates that incorporate and address design criteria for increased operational efficiency of the trolley, freight, passenger vehicles, buses, bikes and pedestrians. The study area will be from the junction of the Orange and Green lines north of the freeway south to the La Mesa trolley station and extending to the Spring Street trolley station.
Grant applications are expected to be due in early 2023 and before an application is submitted, it will be presented to the City Council for review and approval.