La Mesa City Council
August 13, 2024

FY 2023 Operation Stonegarden Grant - Standard Assurances Page 6 of 10 Initials _______

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.

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 federal grant recipients 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
The Agency is 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 § 7920.000 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 2023 Operation Stonegarden Grant - Standard Assurances Page 7 of 10 Initials _______ HOMELAND SECURITY GRANT PROGRAM (HSGP) –

PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS

21. Acknowledgement of Federal Funding from DHS
The Agency must acknowledge its 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
The Agency 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. If the Agency collects PII, the Agency is required to have a publicly available privacy policy that describes standards on the usage and maintenance of PII it collects. The Agency may refer to the DHS Privacy Impact Assessments:

Privacy Guidance and Privacy template a useful resource.

24. Copyright
The Agency must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of United States 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 the Agency 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
The Agency 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
The Agency is required to be non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

28. Fly America Act of 1974
The Agency must comply with Preference for United States 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 2023 Operation Stonegarden Grant - Standard Assurances Page 8 of 10 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, the Agency 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
If the Agency receives federal financial assistance awards made under programs that prohibit supplanting by law, the Agency 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, the Agency is subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Agency is 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
If the Agency receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Agency must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

33. Terrorist Financing
The Agency must comply with Executive Order (EO) 13224 and United States law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Agency is legally responsible for ensuring 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, the Agency 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
The Agency 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
The Agency must obtain permission from its 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, the Agency 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 2023 Operation Stonegarden Grant - Standard Assurances Page 9 of 10 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 the grant recipient and flow down to subrecipients, sub tier subrecipients and contractors 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.

39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials The Agency must comply with the "Build America, Buy America" Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order (EO) 14005. Agencies receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
(a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
(b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
(c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.

The "Buy America" preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project.

Nor does a "Buy America" preference apply to equipment and furnishings, such as movable chairs, desk, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

Per Section 70914(c) of BABAA, FEMA may waive the application of a "Buy America" preference under an infrastructure program in certain cases.

On July 1, 2022, OMB approved FEMA's General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023. Agencies will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated after January 1, 2023, Agencies will be required to follow the BABAA requirements unless another waiver is requested and approved.

40. Advancing Effective, Accountable Policing and Criminal Justice Practice to Enhance Public Trust and Public Safety
The Agency must comply with the requirements of Section 12(c) of Executive Order (EO) 14074. The Agency is also encouraged to adopt and enforce policies consistent with Executive Order (EO) 14074 to support safe and effective policing.

FY 2023 Operation Stonegarden Grant - Standard Assurances Page 10 of 10 Initials _______

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 these assurances. These assurances are binding on the Agency, its successors, transferees, assignees, etc. as well as any of its principals, contractors, and subcontractors. 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 the Agency: (1) 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. Agencies are bound by the Department of Homeland Security (DHS) Standard Terms and Conditions 2023, Version 2, 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: ____________________________________________________________

EXHIBIT C
Homeland Security Grant Program – FY2023 Operation Stonegarden Grant (OPSG)

REQUIRED FEDERAL GRANT PROVISIONS

1. Termination for Default. In the event of Contractor's breach of this Agreement, County shall have the right to terminate this Agreement in whole or in part.
(a) Prior to termination for default, Contracting Officer will send Contractor written notice specifying the default.

Contractor shall have ten (10) days from issuance (unless a different time is given in the notice) to respond to the notice as directed by County to acknowledge the default or show cause as to why Contractor is not in default. Such notice may provide Contractor the opportunity to cure the default or to demonstrate progress towards curing the default. If Contractor fails to respond, or if Contractor’s response is not satisfactory to the County, County may terminate this Agreement for default upon written notice from Contracting Officer. (b) If County determines that the default contributes to the curtailment of an essential service; poses an immediate threat to life, health, or property; or constitutes fraud or other serious misconduct, County may terminate this Agreement for default by written notice from the Contracting Officer. (c) In the event of termination for default, all finished or unfinished documents, and other materials, prepared by Contractor under this Agreement shall become the sole and exclusive property of County. (d) If, after termination for default, it is determined for any reason that Contractor was not in default under this Agreement, the rights and obligations of the parties shall be the same as if terminated for convenience under section 2. “Termination for Convenience.”

2. Termination for Convenience. The County may, by written notice from Contracting Officer, terminate this Agreement for convenience, in whole or in part, at any time. Upon receipt of such notice, Contractor shall promptly report to County all undelivered or unaccepted work performed in accordance with this Agreement prior to termination (“Incomplete Work”). Contractor may, at County’s option, be required to complete some or all Incomplete Work during disentanglement.
(a) The County shall pay Contractor as full compensation for work performed and costs of termination:
i. The unit or pro rata price for any delivered and accepted portion of the work. ii. Actual and reasonable Contractor costs for Incomplete Work not mitigable or otherwise recoverable by Contractor. Such compensation shall not exceed the unit or pro rata price due to Contractor had the work been completed.
(b) In no event shall the County be liable for any loss of profits or any other consequential damages. (c) County's termination of this Agreement for convenience shall not preclude it from changing the termination to a default, as set forth in section 1. of this Agreement, nor from taking any action in law or equity against Contractor for:
i. Fraud, waste, or abuse of Agreement funds, or
ii. Improperly submitted claims, or
iii. Any failure to perform the work in accordance with the Statement of Work, or iv. Any breach of any terms or conditions of the Agreement, or

v. Any actions under any warranty, express or implied, or vi. Any claim of unprofessional negligence, or
vii. Any other matter arising from or related to this Agreement, whether know, knowable, or unknown before, during, or after the date of termination.

3. Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms.

Contractor shall, in accordance with 2 CFR 200.321, take affirmative steps to include minority business, women’s business enterprises, and labor surplus area firm by:
(a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (b) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
(c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (d) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and (e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

4. Clean Air Act and The Federal Water Pollution Control Act. [for contracts more than $150,000] (a) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. 7401 et seq.
(b) The Contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the appropriate federal agency, and the appropriate Environmental Protection Agency Regional Office. (c) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance.
(d) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (e) The Contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the appropriate federal agency, and the appropriate Environmental Protection Agency Regional Office. (f) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance.

5. Debarment and Suspension.
(a) This Agreement is a covered transaction for purposes of 2 C.F.R. 180 and 2 C.F.R. 3000. As such, the Contractor is required to verify that none of the Contractor’s principals (defined at 2 C.F.R. 180.995) or its affiliates (defined at 2 C.F.R. 180.905) are excluded (defined at 2 C.F.R. 180.940) or disqualified (defined at 2 C.F.R. 180.935).
(b) The Contractor must comply with 2 C.F.R. 180, subpart C and 2 C.F.R. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

(c) This certification is a material representation of fact relied upon by County. If it is later determined that the Contractor did not comply with 2 C.F.R. 180, subpart C and 2 C.F.R. 3000, subpart C, in addition to remedies available to County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

6. Byrd Anti-Lobbying Amendment. In accordance with 31 U.S.C. 1352 and related regulations, (a) Contractor certifies, and shall require each lower-tier recipient (as that term is defined in 31 U.S.C. 1352) to certify to the tier above, that it will not and has not used federal 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 covered federal contract, grant or any other award covered by 31 U.S.C. 1352, and (b) Contractor shall disclose, and shall require each lowertier recipient to disclose to the tier above, any lobbying with non-federal funds that takes place in connection with obtaining any covered federal award.

7. Procurement of Recovered Materials.
(a) In the performance of this Agreement, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:
i. Competitively within a timeframe providing for compliance with the contract performance schedule; ii. Meeting contract performance requirements; or
iii. At a reasonable price.
(b) Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site: https://www.epa.gov/smm/comprehensiveprocurementguideline-cpg-program. (c) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

8. Domestic Preferences. In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, Contractor shall, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement shall be included in all subcontracts under this Agreement. (a) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, must occur in the United States. (b) “Manufactured products” means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

9. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. In accordance with 2 CFR 200.216, Contractor and its subcontractors are prohibited from expending funds under this Agreement to:
(a) Procure or obtain;
(b) Extend or renew a contract to procure or obtain; or (c) Enter a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

i. For public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). ii. Telecommunications or video surveillance services provided by such entities or using such equipment. iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

10. Contract Work Hours and Safety Standards Act. [for contracts more than $100,000 that involve the employment of mechanics or laborers] If mechanics or laborers are to be employed under this Agreement, Contractor shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR 5). Contractor shall compute the wages of every mechanic and laborer based on a standard work week of 40 hours. Work more than the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked more than 40 hours in the work week. Contractor shall not require any laborer or mechanic to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous.

11. Equal Employment Opportunity. During the performance of this Agreement, the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (c) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.
(d) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(f) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (g) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(h) The Contractor will include the portion of the sentence immediately preceding paragraph (a) and the provisions of paragraphs (a) through (h) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

12. Davis-Bacon Act. [for construction contracts more than $2,000] (a) All transactions regarding this Agreement shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. 5 as may be applicable. The Contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. 5 as applicable. (b) Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. (c) Additionally, contractors are required to pay wages not less than once a week.

13. Copeland Anti-Kickback Act. [for construction or repair contracts more than $2,000] (a) Contractor. The Contractor shall comply with 18 U.S.C. 874, 40 U.S.C. 3145, and the requirements of 29 C.F.R. 3 as may be applicable, which are incorporated by reference into this Agreement. (b) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the federal funding agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all these contract clauses.
(c) Breach. A breach of the contract clauses above may be grounds for termination of the Agreement, and for debarment as a Contractor and subcontractor as provided in 29 C.F.R. 5.12.

FY 2023 Operation Stonegarden Grant – Certification Regarding Lobbying P a g e 1 | 2

EXHIBIT D
Homeland Security Grant Program - Operation Stonegarden Grant (OPSG) CERTIFICATION REGARDING LOBBYING UNDER FY2023 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 2023 Operation Stonegarden Grant – Certification Regarding Lobbying P a g e 2 | 2 Homeland Security Grant Program - Operation Stonegarden Grant (OPSG) CERTIFICATION REGARDING LOBBYING UNDER FY2023 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: _____________________________

APPENDIX A
U.S. Department of Homeland Security
U.S. Customs and Border Protection
Operations Order Report
Op Order Name: SDC OPERATION STONEGARDEN (OPSG) FY2023
Op Order Number: OPSG OO CA San Diego FY23 23-SDCSDC-08-003 V0 Op Dates: From: 09/01/2023 To: 08/31/2026 (POP)
Report Date: 10/11/2023
(U) Warning: The information contained herein remains under the control of the Department of Homeland Security (DHS), through U.S. Customs and Border Protection (CBP). Dissemination is for authorized law enforcement purposes only. (U) This document contains information that is UNCLASSIFIED//FOR OFFICIAL USE ONLY (U//FOUO). It contains information that may be exempt from public release under the Freedom of Information Act (5 U.S.C. § 552).

It is to be controlled, stored, handled, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO information and is not to be released to the public, the media, or other personnel who do not have a valid need-to-know without prior approval of an authorized CBP official. (U) Privacy Act 5 U.S.C. § 552a(b) “No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains [subject to 12 exceptions].” OOs and OPSG Operational documents contain shared intelligence, information, targeted enforcement information, Personally Identifiable Information (PII) of USBP and partner State, Local, and Tribal law enforcement entities. PII should not be released as it places public safety officials in danger from illicit actors and shared intelligence and information should not be disclosed without notice and permission from the contributing law enforcement agencies.”

EXECUTIVE SUMMARY
Law enforcement partnerships between federal, state, and local entities are critical to improving operational control of the border. Grant funding in the amount of $8,000,000 via Operation Stonegarden (OPSG) will be utilized by a total of 18 partner law enforcement agencies from local units of government within San Diego County, including the Sycuan Tribal Police Department, Sheriff's Departments from San Diego, Orange, Ventura, Santa Barbara, San Luis Obispo, Monterey, and San Mateo Counties, as well as California State Agencies to target border-related crime in the U.S./Mexico Border area and the California coastline. The San Diego County Sheriff’s Department (SDSD) will be the OPSG Grant Administrator. The point-of contact (POC) will be Lieutenant George Crysler. The USBP San Diego Sector Chief Patrol Agent will have operational oversight. The POC will be Special Operations Supervisor Anna Sofchek.

The USBP San Diego Sector Chief Patrol Agent, in coordination/collaboration with OPSG stakeholders, will determine which areas will be the focus of operations. Security threats and operational hours/activities will be determined jointly between the San Diego Sector unified command staff and the OPSG Integrated Planning Team (IPT). Maritime-specific operations will be coordinated jointly with the San Diego Regional Coordinating Mechanism (ReCoM), Los Angeles/Long Beach ReCoM, Central California Maritime Agency Coordination Group (CenCal MAC), and the San Francisco ReCoM.

Utilizing an all-threats approach in collaboration with U.S. Customs and Border Protection (CBP)-U.S. Border Patrol (USBP), state and local law enforcement agencies will exercise their unique jurisdictional capabilities in order to collaboratively address border security issues.

Historically, San Diego County has been a highly favored operational area for crime and drug smuggling organizations. The close proximity of Tijuana, Mexico to San Diego, California, population density, significant coastline, and extensive transportation networks leading to the interior immediately north of the border make San Diego a consistently lucrative target. Now, as the maritime smuggling threat increases, these organizations are looking for smuggling opportunities beyond San Diego County as demonstrated by Pangas being discovered more than 400 miles north in San Mateo County. Border-related crime represents an all-threat environment in that the primary criminal activity (drug/human smuggling) often results in cross-border criminal organizations and individuals undertaking secondary and frequently, tertiary criminal activities that involve a wider range of crimes (kidnappings, assaults, murders, money laundering, cross-border weapons trafficking, etc.). These criminal activities, when undertaken in the U.S., constitute a threat to domestic security, subsequently triggering involvement by state and local law enforcement.

I. SITUATION
A. General Situation:

San Diego County (SDC) includes approximately 60 miles of international land border, and the responsibility of the San Diego Sector includes the 931 miles of coastal border of the State of California, including beaches and bays. SDC has an effective level of security that is commensurate with known and identified risks associated with criminal organizations. The incidence of border violence associated with competing drug cartels in the Tijuana/Tecate areas has continued and still has great potential to spread into the United States. Frequent assaults against Border Patrol Agents are a common diversionary tactic utilized by smuggling organizations to further their criminal activity. During a particularly volatile situation on July 23, 2009, Border Patrol Agent Robert Rosas was murdered in close proximity to the border fence while responding to an incursion in the Campo Station AOR. As security of the border is established and/or expanded within key target zones, criminal organizations resort to increasingly elaborate smuggling methods such as sophisticated cross-border tunnels, watercraft in the maritime environment, and ultra-light aircraft. U.S. Border Patrol (USBP) San Diego Sector Operation Division will address specific threats posed by such organizations and aggressively integrate OPSG assets to reduce violent crime along the border, increase border security, and improve the quality of life within affected communities throughout the San Diego Sector operational AOR.

As the maritime threat continues to increase in San Diego Sector's AOR, it has been necessary to provide additional funding and support along the coast to address emerging maritime Panga smuggling events approximately 489 miles north in Monterey, Santa Cruz and San Mateo counties.

Since its inception, the intent of OPSG has been to enhance law enforcement preparedness and operational readiness along the nation’s borders. The

Department of Homeland Security Appropriations Act 2010 (PL 111-83), via the Homeland Security Grant Program, allocated $90 million in FY 2023 OPSG grant funds for use by local units of government to increase coordination and enforcement capabilities in support of Department of Homeland Security (DHS) goals including those outlined in the Border Patrol National Strategy. For this grant year, the San Diego Sector has been awarded $8,000,000 in FY 2023 OPSG Homeland Security Grant funds.

B. Terrain/Weather:

Terrain features within the San Diego Sector include beaches, estuaries, coastal plains, steep canyons and ravines, high desert, and mountains over six thousand feet in elevation. There are numerous environmentally sensitive and protected areas. Dense, low-lying brush and scrub trees cover much of the rural terrain throughout.

San Diego County’s western corridor is one of the most densely populated areas in the United States. The corridor includes the cities of San Diego, Imperial Beach, Chula Vista, Coronado, Encinitas, Carlsbad, and Oceanside. The County’s central corridor is comprised primarily of a blend of sparsely populated remote and rural wilderness areas. The eastern corridor consists of rural mountain and ranching enclaves with populations ranging from a few hundred up to several thousand.

Orange County through San Mateo County represents a rugged coastline along with varying weather. Ventura and Santa Barbara Counties include the Channel Islands. These islands are remote and desolate and represent an area of great concern for the San Diego Sector.

California State Parks and the California Highway Patrol are working together in remote areas from Ventura to San Mateo with the Sheriff’s Offices in each of those counties as the Maritime threat continues to move north along the California Coast.

Weather conditions vary greatly throughout the San Diego Sector. The western corridor generally maintains year-round mild temperatures that average 50 to 80 degrees. The central and eastern corridors can experience extremes in temperatures ranging from subfreezing to well over 100 degrees. Eastern portions of the County can experience occasional snowfall and high winds. In addition, the western portion of the San Diego Sector experiences frequent coastal eddies (a combination of low clouds and fog), which extend several miles inland.

Wildfires are a very real and persistent threat throughout the San Diego Sector.

The fire season extends from May through November. Historically, wildfires have resulted in the devastating loss of life and property.

The combination of climatic extremes, rugged terrain, dense urban corridors, and protected environmental areas presents a complex challenge to conducting daily operations. As such, enforcement entities operating within the counties utilize considerable ingenuity and flexibility in order to achieve their missions.

C. Criminal Element:

Drug smuggling organizations continue to pose significant threats throughout the area. These organizations have become increasingly sophisticated and use counter surveillance, diversionary tactics, night vision devices, and secure communications while conducting operations. Human trafficking, trans-border kidnappings, extortion, murder, and intimidation are common results of cartel competition for lucrative territory. Criminal debriefings, examination of pocket trash, and officer observations indicate substantial intelligence gathering efforts against law enforcement operations by area criminal organizations.

Smugglers frequently utilize dangerous tactics in order to further their cargo into the United States. Among these are failures to yield when vehicle or checkpoint stops are initiated, abandonment of the smuggling vehicle by the driver while it is still in motion, wrong-way driving on freeways north through the Mexican Port of Entry into the southbound lanes of Interstate 5, and the overloading of boats with human cargo. The abandonment of individuals or entire groups by their guides in remote, inhospitable environments is not uncommon and has resulted in a significant number of deaths. Smuggling organizations using these, and other tactics, have been historically responsible for several assaults on Border Patrol Agents and local law enforcement officers.

D. Friendly Forces:

San Diego County Sheriff’s Department
San Diego Harbor Police
Chula Vista Police Department
Escondido Police Department
La Mesa Police Department
El Cajon Police Department
Oceanside Police Department
Sycuan Tribal Police Department
Ventura County Sheriff's Office
Orange County Sheriff's Department
Monterey County Sheriff’s Office
Santa Barbara County Sheriff's Office
San Luis Obispo County Sheriff's Office
San Mateo County Sheriff’s Office
California Highway Patrol
California Department of Fish and Wildlife
California Department of Parks and Recreation
University of California San Diego Police Department

1 AGREEMENT FOR
FISCAL YEAR 2023

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 (collectively the CITIES), SAN DIEGO UNIFIED PORT DISTRICT (SDUPD), SYCUAN BAND OF THE KUMEYAAY NATION (SBKN), UNIVERSITY OF

CALIFORNIA SAN DIEGO (UCSD), COUNTY OF ORANGE (OC), 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 Office (SHERIFF).

1.1.2 For the CITIES, SDUPD, SBKN, and UCSD, participating agencies are their respective police departments.

1.1.3 For OC, LAC, SLOC, SBC, VC, MC, and SMC participating agencies are their respective Sheriff's Departments.

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) 2023 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.

2.3 WHEREAS, Government Code § 55632 authorizes COUNTY and PARTIES to contract for provision of joint law enforcement services.

2 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. XX on June 25, 2024, approved the appropriation and use of FY 2023 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 2023 OPSG Budget Worksheet in paragraph 2.9 (a), during the period of performance (POP) September 1, 2023 through May 31, 2026 but, the operational project period for PARTIES shall be the date of FEMA's approval, April 23, 2024 through February 28, 2026.

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: 2023-0042
(g) Federal CFDA Number: 97.067

2.9 WHEREAS, PARTIES agree and shall utilize and adhere to the Exhibits attached hereto and/or available using the referenced links:

3 (a) Exhibit A – FY 2023 OPSG Budget Worksheet
(b) Exhibit B – FY 2023 OPSG Standard Assurances
(c) Exhibit C – FY 2023 OPSG - Required Federal Grant Provisions (d) Exhibit D - FY 2023 OPSG – Byrd Anti-Lobbying Certification Form (e) Exhibit E – FY 2023 OPSG Operations Order
(f) Exhibit F – Title 2 of the Code of Federal Regulations Part 200, (g) Exhibit G – Appendix II Part 200
(includes instructions to develop specific language for the provisions to be incorporated within a contract)
(h) Exhibit H - FY 2023 Homeland Security Grant Program (HSGP) Notice of Funding Opportunity (NOFO)
(i) Exhibit I - FY 2023 Homeland Security Grant Program (HSGP) California Supplement to the Federal Notice of Funding Opportunity (NOFO) (j) Exhibit J – FEMA Preparedness Grants Manual (PGM)
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 2023 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 participating 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, 2023 through May 31, 2026, but the operational project period for PARTIES shall be the date of FEMA's approval, April 23, 2024 through February 28, 2026.

5.1 Initial Term
The term of this Agreement shall be retroactive to 12:01 a.m. on April 23, 2024 and shall continue in effect through and terminate at midnight on May 31, 2026; subject to the termination provision in paragraph 5.3.

5.2 Option to Extend
Renewal or extension of the Agreement beyond May 31, 2026 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 D, 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 E – FY 2023 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 reports 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.

6.4.1.1 Personnel assigned to perform law enforcement activities in support of OPSG initiative to enhance border security must be peace officers who are certified to act as public safety officers, including but not limited to rangers, lifeguards, detectives, and investigators who work in a patrol capacity, along with assistance from other law enforcement direct support personnel such as communication officers/dispatchers and patrol pilots.

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.

7 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.

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 E - FY 2023 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 J – FEMA Preparedness Grants Manual (PGM), shall be expended only for approved Operations operating expenses and equipment as detailed in Exhibit A – FY 2023 OPSG Budget Worksheet, and that unallowable costs are not reimbursable as set forth in Exhibit J – FEMA PGM.

7.1.2.1 Law enforcement activities, such as operational overtime costs incurred by increased patrol operations, in support of enhanced border security will be performed by peace officers who are certified to act as public safety officers, as described in paragraph 6.4.1.1 of this Agreement.

7.1.2.2 Personnel assigned to perform Operations may not work an overtime shift that exceeds 16 hours worked in any 24-hour period.

8 7.1.2.3 Unallowable OPSG activities include but are not limited to, costs associated with evidence collection, arrest processing, prosecution and Traffic/DUI checkpoints, such as evidence documentation cameras, fingerprinting supplies, alcohol breathalyzers, traffic barricades, and similar law enforcement expenses. General IT computing equipment, construction and/or renovation expenses, as well as exercise program costs are also prohibited under OPSG.

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 E – FY 2023 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, 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 Office
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.

9 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 G – Appendix II Part 200), notice of award, record of protest, performance or other bond documents, specialized endorsements and request form approvals (if applicable), 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 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.

10 7.3.6.1 Performance bond shall be included for reimbursement with invoice.

7.3.7 Within ninety (90) 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 2023 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 F - Title 2 of the Code of Federal Regulations Part 200 (2 CFR Part 200), Exhibit H – FY 2023 HSGP NOFO, Exhibit I – FY 2023 HSGP CA Supplement to the NOFO, and Exhibit J – 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.

8.1.3 Grant Requirements
PARTIES shall comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. 200 Subpart D, including requiring their contractors to comply with the applicable Federal Requirements contained in Exhibit C hereto.

11 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 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

12 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.

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:

13 To SHERIFF:

Sheriff
San Diego County Sheriff's Office
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 Court
9500 Gilman Drive, MC 0017 El Cajon, CA 92019
La Jolla, CA 92093

Sheriff Sheriff
Orange County Sheriff's Department Ventura County Sheriff's Office 550 North Flower Street 800 South Victoria Avenue
Santa Ana, CA 92703 Ventura, CA 93009
Sheriff Sheriff
Santa Barbara County Sheriff's Office Monterey County Sheriff's Office 4434 Calle Real 1414 Natividad Road
Santa Barbara, CA 93110 Salinas, CA 93906
Sheriff Sheriff
San Luis Obispo County Sheriff's Office San Mateo County Sheriff's Office 1585 Kansas Avenue 400 County Center
San Luis Obispo, CA 93405 Redwood City, CA 94063

14 Chief Chief
California Department of Fish and Wildlife California Highway Patrol Law Enforcement Division Border Division
1416 9th Street, Room 1326 9330 Farnham Street
Sacramento, CA 95814 San Diego, CA 92123
Chief
California Department of Parks and Recreation
P.O. Box 942896
Sacramento, CA 94296-0001
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 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 among 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 nonPage 195 of 518 15 County 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 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 U. S. 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 PARTY’s 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.

16 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 U. S.

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.

IN WITNESS WHEREOF, the PARTIES hereto approve and agree to the terms of this Agreement, such Agreement being effective April 23, 2024, unless otherwise specified.

Approved as to form and legality:

SAN DIEGO COUNTY CLAUDIA G. SILVA

SHERIFF'S OFFICE OFFICE OF COUNTY COUNSEL

COUNTY OF SAN DIEGO
___________________________ _____________________________ Kelly A. Martinez Mark Day
Sheriff Senior Deputy

CHULA VISTA POLICE EL CAJON POLICE

DEPARTMENT DEPARTMENT
___________________________ _____________________________ Roxana Kennedy Mike Moulton
Chief Chief

17 ESCONDIDO POLICE LA MESA POLICE

DEPARTMENT DEPARTMENT
___________________________ _____________________________ Ed Varso Ray Sweeney
Chief Chief

OCEANSIDE POLICE SAN DIEGO HARBOR POLICE

DEPARTMENT DEPARTMENT
___________________________ _________________________________ Kedrick Sadler Magda Fernandez
Chief Chief

UNIVERSITY OF CALIFORNIA SYCUAN TRIBAL POLICE

SAN DIEGO POLICE DEPARTMENT DEPARTMENT
___________________________ ___________________________ Lamine Secka Anthony O'Boyle
Chief Chief
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

VENTURA COUNTY SAN LUIS OBISPO COUNTY

SHERIFF'S OFFICE SHERIFF'S OFFICE
___________________________ ___________________________ James Fryhoff Ian Parkinson
Sheriff Sheriff

18 SANTA BARBARA COUNTY MONTEREY COUNTY

SHERIFF'S OFFICE SHERIFF'S OFFICE
___________________________ ___________________________ Bill Brown Tina Nieto
Sheriff-Coroner Sheriff-Coroner

SAN MATEO COUNTY CALIFORNIA HIGHWAY PATROL

SHERIFF'S OFFICE BORDER DIVISION
___________________________ ___________________________ Christina Corpus Tommie Cocroft
Sheriff Chief

CALIFORNIA DEPARTMENT CALIFORNIA DEPARTMENT

OF FISH AND WILDLIFE OF PARKS AND RECREATION

LAW ENFORCEMENT DIVISION

___________________________ ___________________________ Amy Mowrer Lisa Tomas
Chief District Superintendent
Business Management Branch

RESOLUTION NO. 2024-__

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
________________________________________________________________ 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 up to $361,000 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 13
th day of August 2024, 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. 2024- , 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)

DATE: August 13, 2024
TO: Mayor and Members of the City Council
FROM: Ray Sweeney, Chief of Police
VIA: Greg Humora, City Manager
SUBJECT: HOMELESS OUTREACH AND MOBILE ENGAGEMENT (HOME) PROGRAM QUARTERLY REPORT (APRIL 2024 – JUNE 2024)
The Homeless Outreach and Mobile Engagement (HOME) Team continues to interact with and serve those experiencing homelessness in La Mesa. As part of their continued efforts, they track the interactions and services provided in a quarterly report. The report depicts the total number of clients served, the number of calls for service handled, demographics, and a narrative that shares recent successes, partnerships, and community engagement. Thank you for the continued support for this program as we continue to assist those experiencing homelessness.

City of La Mesa
Homeless Outreach &
Mobile Engagement (HOME) Program
Quarterly Report: April – June 2024

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 2nd quarter of 2024.

Since the beginning of the quarter, the HOME program outreach specialists have:
• Contacted 40 total individuals experiencing homelessness and newly enrolled 18 adults and 3 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 473 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. 21 19
Total Number of Clients Served
New Clients in Quarter Continuing Clients
40 Instances of
Service*
261
Calls for
Service**
473
HOME Team Assistance:13
# of Calls LMPD Officers
requested HOME assistance
# of Calls the HOME team
requested:

Officer Assistance:9
PERT Assistance: 0
*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. **Calls for Service include multiple calls about the same person and potentially repeat calls.

Client Demographics and Household Composition
Housing Outcomes
9 household (12 people) people left the HOME program to a temporary or permanent placement during the quarter.
5 household (5 person) exited to temporary housing, defined as an emergency shelter, transitional housing, or other location that provides housing/shelter without tenure.
4 households (7 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.
1 housing match was provided through the Coordinated Entry System.

Single Person
Households
79 Adult Couple
Households
2 4
19 21
Female Male
4 1
5 9
7 10
4 0 to 17 18 to 24
25 to 34 35 to 44
45 to 54 55 to 64
65 or Above Unknown
Total Clients Served Demographics
Chronically
Homeless
37%
Households
with Children
26

Housing Matches
Housing matches provided through the Coordinated Entry System (CES) are an essential part of people attempting to access permanent housing. In short, a housing match is when a person is connected to a housing provider for assistance in the form of a subsidized room or ongoing rental assistance. Once a person has been matched through CES, the HOME Team does their best to help a client connect with the housing provider to complete the housing process. During this quarter, the HOME Team received 1 housing match. Connecting people to housing without matches continues to be a significant struggle for the HOME Team.

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, Medical, 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 has continued to provide housing navigation throughout this quarter. Housing Navigation aids individuals who have an income, housing voucher, or rental assistance subsidies that could support a rental unit on an ongoing basis. The HOME Team has assumed the role of Housing Navigator and works with these clients to identify suitable units, pay for application fees, advocate to landlords, and provide financial assistance to cover the move-in costs related to the rental unit. This position has traditionally been contracted through HomeStart. However, the position remains vacant as HomeStart attempts to fill this role. The HOME Team clinician has been filing this role in the absence of this position.

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 a necessity for their housing placements.

The HOME Team has continued to partner with a non-profit: 2nd Chance. This non-profit provides a Job Readiness Training (JRT) course for clients who struggle with connecting to employment due to their homelessness status and/ or involvement with the justice system. As part of the JRT, the participants are provided with professional interview attire. During the last week of JRT, the participants take part in a round of interviews with potential employers including but not limited to Western Towing, ACE Parking, and Sycuan Casino.

The HOME Team having 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 43 prioritized for on-going meal support.

HOME program staff distributed $8,428.53 in direct financial assistance, including vehicle repair, and funds used to secure new rental units. 0 households received accommodation in a motel, designed to provide shortterm, bridge shelter for those with a concrete housing plan.

HOME program staff arranged 86 rides to apartment viewings, shelter stays, program intake interviews, and other critical appointments via ridesharing service.
1 client was connected to ongoing physical, mental, and/or behavioral healthcare.

Ongoing Care
Throughout the life of the program, HOME has noticed that the majority of calls related to someone experiencing homelessness were generated because of another community members concern for a person’s mental, physical, or behavioral health. Because of this, the HOME Team has prioritized connecting people to ongoing healthcare through organizations such as Family Health Centers, East County Behavioral Health, Jane Westin, Alvarado Parkway Institute, and Volunteers in Medicine. All of these organizations provide low to no-cost services to people experiencing homelessness. Connecting people to ongoing and preventative care such as what is being offered at these organizations is essential to addressing issues that invariably result in emergent health situations for people experiencing homelessness. These situations result in over-burdend emergency rooms, ambulances, and other emergency services. Additionally, due to the limited nature of HOME services provided to a person after they are housed, having connections to ongoing community support is an important part of someone maintaining housing stability.

Calls for Service
The HOME Team responded to 473 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, 94 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, 229 were direct responses to calls to the HOME hotline and email requests made by community members regarding someone experiencing homelessness.

Additionally,194 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 motel assistance to 0 clients during the quarter. Typically the HOME Team utilizes hotels to provide bridge housing to clients who have an expected move-in date for a housing accommodation.

Client success stories
One of the HOME success stories this quarter involves a 65-year-old woman that had been living on the street since 2016. This woman lived in various encampments around the City of La Mesa. She became connected to the HOME Team on 09/25/2023. The HOME Team and this person completed an enrollment, CES entry, and immediately began working on eliminating various barriers to housing.

The HOME Team assisted this person with obtaining a California ID and Social Security Card. After being in the Coordinated Entry System for 144 days, the client was offered a Rapid Rehousing (RRH) match which was quickly accepted. After accepting their RRH match, the Home Team worked with this client to get connected to ongoing physical and mental healthcare through the Father Joe’s Street Medicine clinic. Getting connected to this clinic allowed the client to receive an Emotional Support Animal letter which was necessary for this client’s rental unit. This client applied to and was accepted to a Single Room Occupancy (SRO) in downtown San Diego. The medical clinic that this client was connected to was within walking distance from their SRO which allowed for continued support throughout the clients stay at their SRO. The client was exited from the HOME Program and connected to support through Father Joe’s Street Medicine Clinic and Salvation Army Door of Hope on 7/9/2024
Another success story this quarter involves a man with significant physical disabilities who was housed after diligently working with the La Mesa HOME Team for 8 weeks. In February of 2024, a man reached out to the La Mesa HOME Team and explained that they were the victim of a rental scam which caused them to be evicted a day before calling the HOME Team. This person was on a fixed limited income, and while they could, maybe, afford a room to rent, the ability to come up with a

rental deposit was a significant barrier for them. The HOME Team and this client worked closely together to identify an Independent Living Facility (ILF) that was within this clients’ budget. This client was able to move into an ILF with move-in assistance from the HOME Team on 4/18/24.

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 Behavioral 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
• 2nd Chance
• Alvarado Parkway Institute
• Bayview Crisis Stabilization Unit
• Volunteers in Medicine

HOME Program Historical Statistics
Client Enrollment
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
Q4 2022 744 417 16 3 0
Q1 2023 633 435 19 7 0
Q2 2023 494 384 16 2 0
Q3 2023 173 447 12 3 0
Q4 2023 274 391 24 3 0
Q1 2024 273 443 19 2 0
Q2 2024 261 473 13 9 0
Grand Total 6002 5680 180 67 7
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.

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
Q4 2022 108 65 43
Q1 2023 71 28 43
Q2 2023 72 53 19
Q3 2023 71 43 28
Q4 2023 56 27 29
Q1 2024 43 29 14
Q2 2024 40 21 19
Grand Total 1049 573 409

Services and Housing
Total People Housed: 171
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
Q4 2022 69 $ 3,411.55 3 15 6 2 2
Q1 2023 56 $ 2,210.47 2 17 7 2 2
Q2 2023 59 $ 2,581.44 0 4 2 5 5
Q3 2023 59 $ 7,560.47 2 2 2 6 6
Q4 2023 91 $ 1,344.96 1 10 8 1 1
Q1 2024 52 $ 3,506.91 1 7 6 1 7
Q2 2024 86 $ 8,428.53 0 9 4 5 5
Grand
Total 997 $ 79,344.42 49 131 86 40 74

DATE: August 13, 2024
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: APPROVAL OF SECOND READING AND ADOPTION OF AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA,

CALIFORNIA, RELINQUISHING ENFORCEMENT AUTHORITY OF THE

MOBILEHOME PARKS ACT TO THE CALIFORNIA DEPARTMENT OF

HOUSING AND COMMUNITY DEVELOPMENT
At the Council meeting of July 23, 2024, the Council unanimously approved the introduction and first reading of the Ordinance relinquishing enforcement authority of the Mobilehome Parks Act to the California Department of Housing and Community Develompent.

Staff recommends the Council approve the second reading and adoption of the Ordinance.

ORDINANCE NO. 2024-_____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA,

CALIFORNIA, RELINQUISHING ENFORCEMENT AUTHORITY OF THE

MOBILEHOME PARKS ACT TO THE CALIFORNIA DEPARTMENT OF

HOUSING AND COMMUNITY DEVELOPMENT
WHEREAS, pursuant to Division 13, Part 2.1, commencing with section 18200, the Mobilehome Parks Act (MPA) requires the Department of Housing and Community Development (HCD) to develop and enforce both the regulations and the laws as defined in the MPA;
WHEREAS, pursuant to City Council Ordinance No. 2103, the City of La Mesa assumed responsibility for the enforcement of the MPA on May 10, 1977; WHEREAS, pursuant to Title 25 of the California Code of Regulations (25 CCR), Section 1005, the City of La Mesa desires to repeal Ordinance No. 2103 and relinquish enforcement authority of the MPA to the HCD; and
WHEREAS, HCD has the staff and expertise to further implement the MPA, not currently provided or anticipated in the City’s current or future fiscal year budgets.

NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the City Council of the City of La Mesa, California as follows:

SECTION 1: Findings. The City Council hereby finds and declares all of the following:

A. The City of La Mesa desires to relinquish enforcement authority of the Mobilehome Parks Act (MPA) and associated responsibilities for the enforcement of Division 13, Part 2.1, commencing with section 18200 of the California Health and Safety Code and their implementing regulations set forth in Title 25, California Code of Regulations Division 1, Chapters 2 and 2.2, the building standards published in the California State Building Standards Code relating to mobilehome parks and the related administration regulations to the California Department of Housing and Community Development (HCD).

B. Pursuant to 25 CCR Section 1005(b)(1), the City must send written notice to HCD not less than ninety days prior to the proposed effective date of the relinquishment, along with a copy of the adopted ordinance relinquishing enforcement authority.

C. Pursuant to 25 CCR Section 1005(b)(2) and (3), the City must, on or before the effective date of transfer of enforcement responsibility: (i) remit the appropriate fees to HCD, as identified in 25 CCR Section 1006; and (ii) transfer all park records to HCD.

SECTION 2: Relinquishment of Enforcement Responsibility. The City of La Mesa hereby relinquishes its enforcement responsibility under the Mobilehome Parks Act and all related enforcement provisions cited in City Council Ordinance No. 2103.

SECTION 3: Designation of Authority.

A. The City Manager, or his/her designee, is authorized and directed to provide written notification to HCD, along with a copy of this ordinance, not less than ninety days prior to a proposed effective date of transfer of enforcement responsibility (“effective transfer date”). The City Manager, or their designee, is authorized to identify the effective transfer date in the written notification to HCD.

B. The City Manager, or their designee, is authorized and directed to transfer the appropriate fees to HCD, as identified in 25 CCR Section 1006, on or before the effective transfer date.

C. The City Manager, or their designee, is authorized and directed to transfer all park records to HCD, on or before the effective transfer date.

SECTION 4: This Ordinance shall be effective 30 days after its adoption and the City Clerk shall certify to the adoption of this Ordinance. The City Clerk is hereby authorized to use summary publication procedures pursuant to Government Code Section 36933 utilizing 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 23rd day of July 2024, and thereafter PASSED AND ADOPTED at a Regular meeting of said City Council held the 13h day of August 2024, 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. 2024- , 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: August 13, 2024
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: APPROVAL OF SECOND READING AND ADOPTION OF AN
ORDINANCE AMENDING TITLE 24 (ZONING) OF THE LA MESA

MUNICIPAL CODE
At the Council meeting of July 23, 2024, the Council unanimously approved the introduction and first reading of the Ordinance amending the La Mesa Municipal Code to add a new Section 24.05.020(A)(6) to authorize by-right approval for projects with 20% affordable units on Reuse Sites as defined pursuant to Government Code Section 65583.2 and in compliance with the 6th Cycle Housing Element, Implementation Program 8.

Staff recommends the Council approve the second reading and adoption of the Ordinance.

ORDINANCE NO. 2024-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA

AMENDING THE LA MESA MUNICIPAL CODE TO ADD A NEW SECTION

24.05.020(A)(6) TO AUTHORIZE BY-RIGHT APPROVAL FOR PROJECTS WITH 20% AFFORDABLE UNITS ON REUSE SITES AS DEFINED PURSUANT TO GOVERNMENT CODE SECTION 65583.2 AND IN COMPLIANCE WITH THE 6TH CYCLE HOUSING ELEMENT, IMPLEMENTATION PROGRAM 8
WHEREAS, in 2017, the California legislature passed AB 1397, which strengthens and adds specifications to Housing Element Law, Government Code Sections 65580, 65583, and 65583.2, to identify and make sites available for the Regional Housing Needs Allocation (RHNA) for lower-income households;
WHEREAS, AB 1397 applies to housing element updates beginning January 1, 2018 and amends Housing Element Law (see specifically Government Code 65580, 65583, 65583.2); WHEREAS, Government Code Section 65583.2 adds specifications to Housing Element Law that authorizes by-right approval for projects with 20% affordable units on "Reuse Sites”; WHEREAS, “Reuse Sites” are those sites identified in the 4th and 5th Housing Cycles and relisted in the 6th cycle 2021-2029 Housing Element (Housing Element), as listed in Appendix D of the Housing Element; “
WHEREAS, the Council adopted the Housing Element on July 27, 2021, including Housing Element Program 8, which requires that the City will amend the Zoning Ordinance to allow for by-right approval of projects with 20% Affordable Units on “Reuse Sites”; WHEREAS, this Ordinance would authorize a by-right approval process for projects with 20% affordable units on “Reuse Sites” and would ensure compliance with Housing Element Law pursuant to Government Code Section 65583.2;
WHEREAS, this Ordinance would also ensure compliance with the City’s Housing Element, certified on July 6, 2023, by the California Department of Housing and Community Development (HCD);
WHEREAS, the Planning Commission adopted Resolution No. PC-2024-07, on July 8, 2024, on file with the Office of the City Clerk and incorporated by this reference, recommending approval of this Ordinance;
WHEREAS, the City Council conducted a public hearing on July 23, 2024, regarding this Ordinance;
WHEREAS, notices of all said public hearings were made at the time and in the manner required by law; and
WHEREAS, this Ordinance is exempt from environmental review pursuant to the California Environmental Quality Act Guidelines:, Section 15282, “Other Statutory Exemptions”, Subsection (r) “Determinations made regarding a city or county's regional housing needs as set forth in Section 65584 of the Government Code”.

NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the City Council of the City of La Mesa, California as follows:

SECTION 1: The City Council finds and determines the following:
a. That the foregoing recitals are true and correct and an integral part of the City Council’s decision, and hereby adopts such recitals as findings.
b. That the regulations proposed herein are consistent with California Government Code Section 65852.2.
c. The project is exempt from environmental review pursuant to the California Environmental Quality Act Guidelines: Section 15282, “Other Statutory Exemptions”, Subsection (r) “Determinations made regarding a city or county's regional housing needs as set forth in Section 65584 of the Government Code”.

SECTION 2: A new section 24.05.020(A)(6) is hereby added to the La Mesa Municipal Code as follows:

6. Housing Element Reuse Sites
“Reuse Sites as identified in the City's Housing Element Appendix B (as certified by the California Department of Housing and Community Development on July 6, 2023) that provide 20% of new housing units as affordable to lower-income households, shall be processed as by-right development and shall not require discretionary approval.”
SECTION 3. This Ordinance shall be effective 30 days after its adoption and the City Clerk shall certify to the adoption of this Ordinance. The City Clerk is hereby authorized to use summary publication procedures pursuant to Government Code Section 36933 utilizing 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 23rd day of July 2024, and thereafter PASSED AND ADOPTED at a Regular meeting of said City Council held the _____th day of __________ 2024, 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. 2024- , 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)

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER

DATE: July 23, 2024
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING
TITLE 24 (ZONING) OF THE LA MESA MUNICIPAL
CODE
DESCRIPTION: Consideration of an ordinance amending Title 24 (Zoning) of the La Mesa Municipal Code to implement state law
(AB1397) that requires by-right approval for projects with 20% affordable units on “Reuse” sites pursuant to
California Government Code Section 65583.2. This action is in compliance with the 6th Cycle Housing Element,
Implementation Program 8.

ISSUING DEPARTMENT: Community Development
SUMMARY:

Issues:

Pursuant to Government Code 65583.2(c) and in compliance with the City of La Mesa 6th Cycle Housing Element (Housing Element Implementation Program 8), Should the City Council amend the Zoning Ordinance allow a by-right approval process for projects that provide 20% affordable units on “reuse” sites? Recommendation:

That the City Council introduce the first reading of the Ordinance (Attachment A) to amend Title 24 (Zoning) of the La Mesa Municipal Code to allow by-right approval for projects with 20% affordable units, on “reuse” sites pursuant to California Government Code Section 65583.2 and find that the proposed amendments are consistent with the General Plan, in compliance with the Housing Element (Implementation Program 8).

Report to Mayor and Councilmembers
Date: July 23, 2024
Page: 2 of 4
Fiscal Impact:

There would be no impact to the General Fund related to this project. The City of La Mesa policy is to recover 100% of the cost of staff time through project application processing fees.

City’s Strategic Goals:
 Promote a high quality of life that current and future generations can afford to call home.

Environmental Review:

The project is exempt from environmental review pursuant to CEQA Code Section 15282. OTHER STATUTORY EXEMPTIONS (r) Determinations made regarding a city or county’s regional housing needs as set forth in Section 65584 of the Government Code.

BACKGROUND:

In 2017, the California legislature passed a “housing package” of 15 bills that increased both the available financing of affordable developments and the obligation of local governments to plan, zone, and approve affordable housing developments. One of those bills was AB 1397, which added additional specifications to the Housing Element Law that identified and made sites available for the Regional Housing Needs Allocation (RHNA) for lower-income households.

The City’s 6th Cycle Housing Element (Housing Element), adopted by the City of La Mesa City Council on July 27, 2021, and certified by the Department of Housing and Community Development (HCD) on July 6, 2023, outlined goals and policies implemented through a series of housing implementation programs. Pursuant to state law (Government Code section 65583.2 (c)), Housing Element Implementation Program 8 provides that the City will amend the Zoning Ordinance to allow for by-right approval of housing developments that include 20% of the units as affordable to lower income households when the project is proposed on sites identified as “reuse” sites in the Housing Element. Reuse sites are those sites identified in the 4th and 5th Housing Cycles and relisted in the 6th Cycle Housing Element (Attachment B). Although there is a total of 152 sites identified and listed, a number of sites would require lot consolidation in order to maximize applicable development capacity.

On July 8, 2024, at a duly noticed public hearing, the Planning Commission approved Resolution Number PC-2024-07 (Attachment C), recommending that the City Council

Report to Mayor and Councilmembers
Date: July 23, 2024
Page: 3 of 4
amend Title 24 of the La Mesa Municipal Code in compliance with state law, pursuant to Government Code section 65583.2, and in compliance with the City’s Housing Element Implementation Program 8 (Attachment D).

DISCUSSION:

In addition to meeting state law and the City’s Housing Element, a by-right approval process for projects on “reuse” sites that provide 20% affordable units would provide an opportunity for the City to further meet its Regional Housing Needs Allocation (RHNA) goals. RHNA is a process where local governments are given a minimum number of new homes to plan for. RHNA sites are identified by considering zoning regulations, environmental considerations, and community input. The City of La Mesa’s share of regional future housing needs is a total of 3,797 new units for the 2021-2029 Housing Element. This allocation is distributed into various income categories, as shown in Table 1 below.

Table 1: Housing Needs for 2021-2029 Housing Element
Income Category (% of County AMI) Number of
Units Percent
Extremely Low (30% or Less) 429 11.3%
Very Low (31 to 50%) 430 11.3%
Low (51 to 80%) 487 12.8%
Moderate (81% to 120%) 577 15.2%
Above Moderate (Over 120%) 1,874 49.4%
Total 3,797 100.0%
Source: Final Regional Housing Needs Allocation, SANDAG, August 2020.

A by-right approval process would involve no hearings to obtain project approval, and a building permit could be issued if the project meets all objective zoning and design standards in effect at the time the application is submitted. Further, the proposed amendment to Title 24 (Zoning) would ensure that the City of La Mesa is in compliance with state housing law pursuant to Government Code 65583.2(c) and the City’s Housing Element (Implementation Program 8).

Report to Mayor and Councilmembers
Date: July 23, 2024
Page: 4 of 4
CONCLUSION:

The proposed amendment to the Zoning Ordinance is statutorily required pursuant to state housing law. Therefore, staff recommends that the City Council accept the Planning Commission’s recommendation to amend Title 24 (Zoning) of the La Mesa Municipal Code to allow for a by-right approval process for projects with 20% affordable units on “reuse” sites pursuant to California Government Code Section 65583 and in compliance with the City’s Housing Element. The proposed Zoning Ordinance amendment will assist the City in further meeting its Regional Housing Needs Allocation (RHNA) goals and will support the City of La Mesa’s Livability Goal in the Strategic Plan by ensuring an adequate supply of housing that is affordable and accessible to current and future generations.

Reviewed by: Respectfully submitted by:

Lynnette Santos
____________________ ____________________________
Greg Humora Lynnette Santos
City Manager Community Development Director
Attachments:

A. Ordinance 2024-XX
B. Appendix B – “Reuse” Sites Inventory
C. PC-2024-07 – Planning Commission Resolution (Approval Recommendation)

ORDINANCE NO. 2024-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA

AMENDING THE LA MESA MUNICIPAL CODE TO ADD A NEW SECTION

24.05.020(A)(6) TO AUTHORIZE BY-RIGHT APPROVAL FOR PROJECTS WITH 20% AFFORDABLE UNITS ON REUSE SITES AS DEFINED PURSUANT TO GOVERNMENT CODE SECTION 65583.2 AND IN COMPLIANCE WITH THE 6TH CYCLE HOUSING ELEMENT, IMPLEMENTATION PROGRAM 8
WHEREAS, in 2017, the California legislature passed AB 1397, which strengthens and adds specifications to Housing Element Law, Government Code Sections 65580, 65583, and 65583.2, to identify and make sites available for the Regional Housing Needs Allocation (RHNA) for lower-income households;
WHEREAS, AB 1397 applies to housing element updates beginning January 1, 2018 and amends Housing Element Law (see specifically Government Code 65580, 65583, 65583.2); WHEREAS, Government Code Section 65583.2 adds specifications to Housing Element Law that authorizes by-right approval for projects with 20% affordable units on "Reuse Sites”; WHEREAS, “Reuse Sites” are those sites identified in the 4th and 5th Housing Cycles and relisted in the 6th cycle 2021-2029 Housing Element (Housing Element), as listed in Appendix D of the Housing Element; “
WHEREAS, the Council adopted the Housing Element on July 27, 2021, including Housing Element Program 8, which requires that the City will amend the Zoning Ordinance to allow for by-right approval of projects with 20% Affordable Units on “Reuse Sites”; WHEREAS, this Ordinance would authorize a by-right approval process for projects with 20% affordable units on “Reuse Sites” and would ensure compliance with Housing Element Law pursuant to Government Code Section 65583.2;
WHEREAS, this Ordinance would also ensure compliance with the City’s Housing Element, certified on July 6, 2023, by the California Department of Housing and Community Development (HCD);
WHEREAS, the Planning Commission adopted Resolution No. PC-2024-07, on July 8, 2024, on file with the Office of the City Clerk and incorporated by this reference, recommending approval of this Ordinance;
WHEREAS, the City Council conducted a public hearing on July 23, 2024, regarding this Ordinance;
WHEREAS, notices of all said public hearings were made at the time and in the manner required by law; and
WHEREAS, this Ordinance is exempt from environmental review pursuant to the California Environmental Quality Act Guidelines:, Section 15282, “Other Statutory Exemptions”, Subsection (r) “Determinations made regarding a city or county's regional housing needs as set forth in Section 65584 of the Government Code”.

ATTACHMENT A

NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the City Council of the City of La Mesa, California as follows:

SECTION 1: The City Council finds and determines the following:
a. That the foregoing recitals are true and correct and an integral part of the City Council’s decision, and hereby adopts such recitals as findings.
b. That the regulations proposed herein are consistent with California Government Code Section 65852.2.
c. The project is exempt from environmental review pursuant to the California Environmental Quality Act Guidelines: Section 15282, “Other Statutory Exemptions”, Subsection (r) “Determinations made regarding a city or county's regional housing needs as set forth in Section 65584 of the Government Code”.

SECTION 2: A new section 24.05.020(A)(6) is hereby added to the La Mesa Municipal Code as follows:

6. Housing Element Reuse Sites
“Reuse Sites as identified in the City's Housing Element Appendix B (as certified by the California Department of Housing and Community Development on July 6, 2023) that provide 20% of new housing units as affordable to lower-income households, shall be processed as by-right development and shall not require discretionary approval.”
SECTION 3. This Ordinance shall be effective 30 days after its adoption and the City Clerk shall certify to the adoption of this Ordinance. The City Clerk is hereby authorized to use summary publication procedures pursuant to Government Code Section 36933 utilizing 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 23rd day of July 2024, and thereafter PASSED AND ADOPTED at a Regular meeting of said City Council held the _____th day of __________ 2024, 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. 2024- , 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)

Appendix B: Sites Inventory
Lot Consolidation: While the sites inventory includes potential for lot consolidation because they are contiguous parcels, lot consolidation is not needed to achieve the units and income level as projected in this inventory. Opportunity sites only include parcels that are already under common ownership or with developer interest to consolidate.

Table B-1. Prior Cycle Sites Remaining (as of February 14, 2023) APN General Plan Designation Zoning Density
(du/ac) Acres Current Use
Lot
Consolidation
Group
Realistic
Capacity (units)
Infrastructure
Capacity
On-site
Constraints
Income
Level
4643101700 Urban Residential R1 10 0.18 Vacant 2 yes none AM 4643102600 Urban Residential R1 10 0.29 Vacant 2 yes none AM 4643900200 Local Serving Commercial C 1.21 Parking Lot 0 yes none AM 4644011700 Urban Residential R1 10 0.45 Vacant 4 yes none AM 4644800100 Urban Residential R1 10 2.32 Vacant 20 yes none AM 4684911600 Urban Residential R1 10 0.07 Vacant o 1 yes none AM 4684912400 Urban Residential R1A 10 0.34 Vacant o 3 yes none AM 4690201200 Multiple Unit Residential R3 23 1.73 Vacant 34 yes none AM 4692505600 Urban Residential R1 10 0.21 Backyard s 2 yes none AM 4692505900 Urban Residential R1 10 0.24 Vacant s 2 yes none AM 4692506000 Urban Residential R1 10 0.20 Vacant s 2 yes none AM 4692506100 Urban Residential R1 10 0.28 Vacant s 2 yes none AM 4692605800 Urban Residential R1 10 0.08 Vacant 1 yes none AM 4694201800 Urban Residential R1 10 0.09 Driveway 1 yes none AM 4694202400 Urban Residential R1 10 0.29 Vacant 2 yes none AM 4700114400 Mixed Density Residential
(7-23 Du/Acre) R1 23 0.14 Vacant 3 yes none AM
4700310300 Mixed Density Residential R1 23 0.15 Vacant 3 yes none AM 4700321600 Mixed Density Residential RB 23 0.06 Vacant 1 yes none AM

ATTACHMENT D

ATTACHMENT B

Table B-1. Prior Cycle Sites Remaining (as of February 14, 2023) APN General Plan Designation Zoning Density
(du/ac) Acres Current Use
Lot
Consolidation
Group
Realistic
Capacity (units)
Infrastructure
Capacity
On-site
Constraints
Income
Level
4701000200 Mixed Use Urban (24-40
Du/Acre) R2 40 0.15 Vacant 5 yes none AM
4701421600 Mixed Use Urban R3 40 0.10 Vacant 3 yes none AM 4701810300 Mixed Use Urban C 40 0.09 Landscaping/
Parking lot 3 yes none AM
4701820100 Road C 0.05 Parking Lot 0 yes none AM
4701820200 Road C 0.06 Parking Lot 0 yes none AM
4701901600 Mixed Use Urban (24-40
Du/Acre) RB 40 0.05 Parking 2 yes none AM
4702002100 Mixed Density Residential R2 23 0.16 Misc structures 3 yes none AM 4702003400 Mixed Density Residential R2 23 0.07 Side Yard 1 yes none AM 4702621300 Urban Residential R1 10 0.18 Vacant 2 yes none AM 4703100600 Urban Residential R1 10 0.69 Vacant t 6 yes none AM 4703100800 Urban Residential R1 10 0.44 Vacant t 4 yes none AM 4703202100 Urban Residential R1 10 0.22 Vacant t 2 yes none AM 4703621600 Mixed Use Urban C 40 0.14 Parking lot 5 yes none AM 4703822000 Urban Residential R1 10 0.22 Vacant r 2 yes none AM 4703825600 Urban Residential R1 10 0.17 Vacant r 1 yes none AM 4704411000 Urban Residential R1 10 0.17 Backyard/ Pool 1 yes none AM 4704413800 Urban Residential R1 10 0.22 Vacant q 2 yes none AM 4704413900 Urban Residential R1 10 0.23 Vacant q 2 yes none AM 4704502700 Urban Residential R1 10 0.47 Vacant 4 yes none AM 4704710100 Urban Residential R1 10 0.23 Vacant 2 yes none AM 4704922600 Urban Residential R1 10 0.14 Vacant x 1 yes none AM 4705420500 Urban Residential R1 10 0.14 Vacant 1 yes none AM 4705520200 Urban Residential R1 10 0.16 Vacant 1 yes none AM

ATTACHMENT D
Table B-1. Prior Cycle Sites Remaining (as of February 14, 2023) APN General Plan Designation Zoning Density
(du/ac) Acres Current Use
Lot
Consolidation
Group
Realistic
Capacity (units)
Infrastructure
Capacity
On-site
Constraints
Income
Level
4705820400 Restricted Multiple Unit
Res (14 Du/Acre) CD 14 0.05 Vacant 1 yes
Landlocke
d AM
4705822400 Restricted Multiple Unit
Residential R2 14 0.20 Landscaping/ Parking lot 2 yes none AM 4706624700 Urban Residential R1 10 0.39 Vacant w 3 yes none AM 4706624800 Urban Residential R1 10 0.37 Vacant w 3 yes none AM 4741440100 Mixed Use Urban RB 40 0.14 Vacant bb 5 yes none AM 4741440200 Mixed Use Urban RB 40 0.13 Vacant bb 4 yes none AM 4741441700 Urban Residential RB 10 0.15 Vacant bb 1 yes none AM 4741700600 Mixed Use Urban R3 40 0.17 Vacant 6 yes none AM 4743530500 Urban Residential R1 10 0.45 Vacant 4 yes none AM 4751800600 Urban Residential R1 10 0.82 Vacant ii 7 yes none AM 4752221400 Suburban Residential R1S 4 0.94 Vacant 3 yes none AM 4753011600 Urban Residential R1 10 0.15 Driveway n 1 yes none AM 4753011700 Urban Residential R1 10 0.06 Vacant n 1 yes none AM 4753017000 Urban Residential R1 10 0.19 Vacant p 2 yes none AM 4753017200 Urban Residential R1 10 0.24 Vacant p 2 yes none AM 4753512700 Suburban Residential R1S 4 0.13 Vacant c 0 yes Hillside AM 4753512800 Suburban Residential R1S 4 0.23 Vacant c 1 yes none AM 4753512900 Suburban Residential R1S 4 0.32 Vacant c 1 yes none AM 4753513000 Suburban Residential R1S 4 0.37 Vacant c 1 yes none AM 4753521400 Multiple Unit Residential R3 23 0.11 Vacant 2 yes none AM 4755620700 Suburban Residential R1S 4 0.22 Vacant 1 yes none AM 4756001900 Suburban Residential R1S 4 0.54 Vacant 2 yes Street
access
AM

ATTACHMENT D
Table B-1. Prior Cycle Sites Remaining (as of February 14, 2023) APN General Plan Designation Zoning Density
(du/ac) Acres Current Use
Lot
Consolidation
Group
Realistic
Capacity (units)
Infrastructure
Capacity
On-site
Constraints
Income
Level
4756213200 Suburban Residential R1S 4 0.70
Driveway/ slope
runoff
infrastructure
ii 2 yes Hillside AM
4756311900 Suburban Residential R1S 4 1.37 Vacant 5 yes none AM 4756402800 Suburban Residential R1S 4 0.09 Vacant c 0 yes Hillside AM 4864912600 Urban Residential R1 10 0.13 Vacant 1 yes none AM 4864932700 Urban Residential R1 10 0.25 Vacant 2 yes
Landlocke
d AM
4868400100 Suburban Residential (4
Du/Acre) R1S 4 0.62 Vacant 2 yes none AM
4868400200 Suburban Residential (4
Du/Acre) R1S 4 0.24 Vacant 1 yes none AM
4902102900 Restricted Multiple Unit
Residential R2 14 0.56 Park 7 yes Existing park AM
4902610300 Railroad/Trolley C 1.71 Vacant 0 yes Very
sloped AM
4902830800 Restricted Multiple Unit
Residential R2 14 0.14 Vacant 2 yes none AM
4904035900 Suburban Residential (4
Du/Acre) R1S 4 0.06 Vacant 0 yes none AM
4904036100 Suburban Residential R1S 4 0.26 Vacant l 1 yes none AM 4904036200 Suburban Residential R1S 4 0.27 Vacant l 1 yes none AM 4904040500 Suburban Residential R1S 4 0.29 Vacant 1 yes none AM 4904042200 Suburban Residential (4
Du/Acre) R1S 4 0.10 Vacant 0 yes none AM
4904361100 Freeway CM 1.02 Parking Lot 0 yes none AM
4904721100 Mixed Use Urban (24-40
Du/Acre) R3 40 0.17 Parking Lot 6 yes none AM

ATTACHMENT D
Table B-1. Prior Cycle Sites Remaining (as of February 14, 2023) APN General Plan Designation Zoning Density
(du/ac) Acres Current Use
Lot
Consolidation
Group
Realistic
Capacity (units)
Infrastructure
Capacity
On-site
Constraints
Income
Level
4904721200 Mixed Use Urban (24-40
Du/Acre) C 40 0.16 Parking Lot 5 yes none AM
4904722900 Mixed Use Urban (24-40
Du/Acre) R2 40 0.31 Parking Lot 11 yes none AM
4906602900 Urban Residential (7-10
Du/Acre) R1 10 1.09 Vacant 9 yes none AM
4912600900 Suburban Residential R1S 4 0.17 Partially parking lot g 1 yes none AM
4912601000 Suburban Residential R1S 4 0.30 Partially parking lot g 1 yes none AM
4917900100 Suburban Residential (4
Du/Acre) R1S 4 0.18 Vacant 1 yes none AM
4917900200 Suburban Residential (4
Du/Acre) R1S 4 0.23 Vacant 1 yes none AM
4918001200 Road R1S 0.20 Vacant 0 yes none AM
4918002800 Rural Residential R1E 2 0.41 Vacant 1 yes none AM 4918003700 Suburban Residential (4
Du/Acre) R1S 4 0.12 Vacant 0 yes none AM
4940911400 Urban Residential R1 10 0.28 Vacant 2 yes none AM 4941600800 Urban Residential R1 10 0.14 Vacant 1 yes none AM 4941701100 Urban Residential R1 10 0.11 Vacant 1 yes none AM 4942020300 Urban Residential (7-10
Du/Acre) R1 10 0.05 Fence/ Sideyard pp 0 yes none AM
4942020500 Urban Residential (7-10
Du/Acre) R1 10 0.05 Backyard/ Driveway pp 0 yes none AM 4942200900 Road C 0.15 Vacant 0 yes none AM
4942910500 Mixed Use Urban C 40 0.18 Vacant aa 6 yes none AM 4942911800 Mixed Use Urban C 40 0.17 Vacant aa 6 yes none AM

ATTACHMENT D
Table B-1. Prior Cycle Sites Remaining (as of February 14, 2023) APN General Plan Designation Zoning Density
(du/ac) Acres Current Use
Lot
Consolidation
Group
Realistic
Capacity (units)
Infrastructure
Capacity
On-site
Constraints
Income
Level
4943402300 Suburban Residential R1S 4 0.22 Vacant 1 yes none AM 4944325400 Urban Residential (7-10
Du/Acre) R1 10 0.13 Vacant 1 yes none AM
4944720700 Suburban Residential R1S 4 0.52 Gardens, Misc 2 yes none AM 4944810400 Suburban Residential R1S 4 0.25 Vacant k 1 yes none AM 4944810500 Suburban Residential R1S 4 0.31 Vacant k 1 yes none AM 4945120200 Suburban Residential R1S 4 0.44 Vacant 2 yes none AM 4945211700 Suburban Residential R1S 4 0.32 Vacant 1 yes none AM 4946611200 Urban Residential (7-10
Du/Acre) R1 10 0.04 Vacant 0 yes
Landlocke
d AM
4946612000 Urban Residential R1 10 0.19 Trailer/ Driveway 2 yes none AM 4947002700 Suburban Residential R1S 4 0.29 Vacant 1 yes none AM 4947122200 Suburban Residential R1S 4 0.35 Trailer/ Driveway 1 yes none AM 4947303600 Suburban Residential R1S 4 0.24 Vacant 1 yes none AM 4947603000 Suburban Residential R1S 4 0.25 Vacant 1 yes none AM 4948200600 Urban Residential R1 10 0.23 Vacant 2 yes none AM 4948500100 Urban Residential (7-10
Du/Acre) R1 10 0.14 Parking Lot 1 yes none AM
4948712600 Urban Residential R1 10 0.51 Vacant 4 yes none AM 4950501900 Suburban Residential (4
Du/Acre) R1S 4 0.34 Vacant 1 yes none AM
4950507700 Suburban Residential (4
Du/Acre) R1S 4 0.27 Vacant 1 yes none AM
4950901500 Suburban Residential R1S 4 0.61 Vacant 2 yes none AM 4951515100 Suburban Residential R1S 4 0.59 Vacant 2 yes none AM 4951602800 Suburban Residential R1S 4 0.24 Vacant 1 yes Street
access? AM

ATTACHMENT D
Table B-1. Prior Cycle Sites Remaining (as of February 14, 2023) APN General Plan Designation Zoning Density
(du/ac) Acres Current Use
Lot
Consolidation
Group
Realistic
Capacity (units)
Infrastructure
Capacity
On-site
Constraints
Income
Level
4951730500 Suburban Residential R1S 4 0.99 Vacant 3 yes none AM 4951821400 Rural Residential R1E 2 0.41 Vacant 1 yes none AM 4951902000 Rural Residential R1E 2 0.47 Vacant 1 yes none AM 4952321800 Freeway R1S 0.30 Vacant 0 yes none AM
4952501800 Suburban Residential R1S 4 0.22 Vacant 1 yes none AM 4953208000 Suburban Residential (4
Du/Acre) R1S 4 0.45 Vacant 2 yes none AM
4953320500 Suburban Residential R1S 4 0.24 Vacant 1 yes none AM 4953322900 Suburban Residential R1S 4 0.45 Vacant 2 yes none AM 4954705200 Suburban Residential R1S 4 0.23 Vacant 1 yes none AM 4964200200 Rural Residential R1E 2 1.07 Vacant 2 yes none AM 4964201700 Rural Residential R1E 2 1.00 Vacant 2 yes none AM 4990100800 Railroad/Trolley R1S 1.04 Vacant 0 yes none AM 4990304900 Suburban Residential R1S 4 0.26 Vacant 1 yes none AM 4991712500 Suburban Residential (4
Du/Acre) R1S 4 0.08 Vacant 0 yes none AM
4991712600 Suburban Residential R1S 4 0.75 Vacant j 3 yes none AM 4991712800 Suburban Residential R1S 4 1.03 Vacant j 3 yes none AM 4991713400 Suburban Residential R1S 4 0.87 Vacant j 3 yes none AM 4991912600 Suburban Residential R1S 4 0.37 Vacant j 1 yes none AM 4992112100 Suburban Residential (4
Du/Acre) R1S 4 0.25 Vacant 1 yes none AM
4994911000 Suburban Residential R1S 4 0.62 Vacant 2 yes none AM 4994922300 Semi-Rural Residential R1R 3 0.40 Vacant 1 yes none AM 4994924500 Semi-Rural Residential R1R 3 0.46 Vacant b 1 yes none AM 4994924600 Semi-Rural Residential R1R 3 0.51 Vacant b 1 yes none AM 4994924800 Semi-Rural Residential R1R 3 0.67 Vacant b 2 yes none AM

ATTACHMENT D
Table B-1. Prior Cycle Sites Remaining (as of February 14, 2023) APN General Plan Designation Zoning Density
(du/ac) Acres Current Use
Lot
Consolidation
Group
Realistic
Capacity (units)
Infrastructure
Capacity
On-site
Constraints
Income
Level
4994926100 Semi-Rural Residential (3
Du/Acre) R1R 3 0.64 Vacant 2 yes none AM
4994926200 Semi-Rural Residential (3
Du/Acre) R1R 3 0.17 Vacant 0 yes none AM
4994926300 Semi-Rural Residential (3
Du/Acre) R1R 3 0.12 Vacant 0 yes AM
4994926400 Semi-Rural Residential (3
Du/Acre) R1R 3 0.28 Vacant 1 yes AM
4994926500 Semi-Rural Residential (3
Du/Acre) R1R 3 0.55 Vacant 1 yes AM
4995001400 Semi-Rural Residential (3
Du/Acre) R1R 3 0.21 Vacant 1 yes AM
4995009100 Semi-Rural Residential R1R 3 0.67 Vacant 2 yes none AM 4995009200 Semi-Rural Residential (3
Du/Acre) R1R 3 0.51 Vacant 1 yes none AM
4995233500 Semi-Rural Residential (3
Du/Acre) R1R 3 0.96 Vacant 2 yes none AM
Total Units 342

ATTACHMENT D
Housing Element | 110

ATTACHMENT D
LA MESA HOUSING ELEMENT – PROGRAM #8
La Mesa Housing Element

8. By-Right Approval of Projects with 20% Affordable Units on “Reuse” Sites
Pursuant to AB 1397 passed in 2017, the City will amend the Zoning Ordinance to require by-right approval of housing development that includes 20 percent of the units as housing affordable to lower income households, on sites being used to meet the 6th cycle RHNA that represent “reuse sites” previously identified in the 4th and 5th cycles Housing Element.

The “reuse” sites are specifically identified in the inventory (see Appendix B).

Time Frame and Objectives:
• Amend Zoning Ordinance within one year of Housing Element adoption. In the interim, the City will process proposals by right for projects with 20 percent affordable pursuant to Government Code 65583.2(c).

Responsible Agencies: Community Development Department
Financing: Departmental budget
Affordable Housing Opportunities
New construction creates housing opportunity for prospective homeowners and renters.

However, the cost of new construction is substantially greater than other program categories.

Incentive programs, such as density bonus, provide a mechanism to facilitate private sector production of new affordable housing development.

RESOLUTION NO. PC-2024-07

A RESOLUTION OF THE PLANNING COMMISSION OF LA MESA,

CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF LA MESA AMEND TITLE 24 OF THE LA MESA MUNICIPAL CODE, ADOPTING SECTION

24.05.020(A)(6) TO ALLOW FOR BY- RIGHT APPROVAL FOR PROJECTS WITH 20% AFFORDABLE UNITS ON "REUSE" SITES PURSUANT TO
GOVERNMENT CODE SECTION 65583.2, AND IN COMPLIANCE WITH THE 6TH CYCLE HOUSING ELEMENT, IMPLEMENTATION PROGRAM 8.
___________________________________________________________________ WHEREAS, the adoption of La Mesa Municipal Code (LMMC) Section 24.05.020(A)(6) would ensure compliance with California Housing Law pursuant to Government Code Section 65583.2;
WHEREAS, the adoption of LMMC Section 24.05.020(A)(6) would also ensure compliance with the City of La Mesa 6th Cycle 2021-2029 Housing Element, certified on July 6, 2023, by the California Department of Housing and Community Development (Housing Element); WHEREAS, the Housing Element outlines a series of goals and policies implemented through housing implementation programs referred to as the Housing Element Implementation Program (Implementation Program);
WHEREAS, pursuant to Government Code section 65583.2 (c), Implementation Program 8 provides that the City of La Mesa will amend the Zoning Ordinance to allow for by-right approval of projects with 20% Affordable Units on "Reuse" sites; WHEREAS, "Reuse" sites are those sites identified in the 4th and 5th Housing Cycles and relisted in the 6th cycle Housing Element, as listed in Appendix D of the Housing Element; WHEREAS, the adoption of LMMC 24.05.020(A)(6) is exempt from environmental review pursuant to the California Environmental Quality Act Guidelines, Section 15282, Other Statutory Exemptions, Subsection (r) Determinations made regarding a city or county's regional housing needs as set forth in Section 65584 of the Government Code; WHEREAS, at a Special Meeting held on July 8, 2024, the Planning Commission of the City of La Mesa held a duly noticed public hearing to consider recommending that City Council amend Title 24 of the Municipal Code to adopt LMMC 24.05.02(A)(6) to allow for by-right approval for projects with 20% affordable units on "Reuse" Sites pursuant of Government Code 65583.2(c) and in compliance with Housing Element Implementation Program 8; WHEREAS, based on the totality of the record and evidence described and referenced in this Resolution, the Planning Commission finds that the proposed text amendment is consistent with the purpose of the General Plan and Municipal Code; THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS:

1. The proposed amendments ensure and maintain internal consistency with all of the objectives, policies, general plan land uses, programs, and actions of all elements of the General Plan.

ATTACHMENT C

Resolution PC-2024-07 July 8, 2024

EXHIBIT A
PROPOSED AMENDMENTS TO TITLE 24 (ZONING) OF THE LA MESA MUNICIPAL CODE FOR BY-RIGHT APPROVAL OF PROJECTS WITH 20% AFFORDABLE ON "REUSE" SITES

24.05.020 Permitted structures and uses.

The following structures and uses are permitted on each building and site in the residential zones as stated below, subject to the provisions of this chapter and Chapter 24.04, Vehicle Parking.

A. Permitted Principal Uses and Structures.

1. In Zones R1E, R1R, R1S and R1:
a. Agriculture other than the raising of animals or fowl. b. One, one-family dwelling unit per lot.
c. Mobilehomes and homes manufactured offsite, installed on a permanent foundation in accordance with Section 65852.3 of the California Government Code. d. Residential care facility, licensed by the state of California, serving six or fewer persons. e. Two-unit residential development in accordance with Section 24.05.032.

2. In zone R1A:
a. One, one-family dwelling unit per lot; except that, on a lot of at least nine thousand square feet in area, one additional detached one-family dwelling is permitted; or b. Residential care facility, licensed by the state of California, serving six or fewer persons. c. Two-unit residential development in accordance with Section 24.05.032.

3. In zone R2:
a. One-family dwelling or two-family dwellings.
b. Residential care facility, licensed by the state of California, serving six or fewer persons.

4. In zone R3 and RB:
a. One-family dwellings.
b. Apartments.
c. Residential care facility, licensed by the state of California, serving six or fewer persons.

5. In zone RB:
a. Professional and corporate offices (operations not involving the fabrication, sale or storage of merchandise, the delivery of merchandise, or the parking or dispatching of vehicles for a service. This category shall not include banks, savings and loans or loan and thrifts, and shall not include consumer services.)
b. Retail sales from shops with a GFA of not more than three thousand square feet. c. Barber and beauty shops for humans.
d. Medical, dental laboratories (providing services directly to clinical medical and dental practice.)

6. Housing Element "Reuse Sites"
a. Reuse Sites as identified in the City's Housing Element Appendix B (as certified by the California Department of Housing and Community Development on July 6, 2023) that

Resolution PC-2024-07 July 8, 2024

provide 20% of new housing units as affordable to lower income households, shall be processed as by-right development and shall not require discretionary approval.

B. Permitted Uses With Approved Site Development Plan. The following uses may be permitted by the planning commission upon its determination that the development goals and objectives of the city have been achieved.

1. In any R zone: planned residential developments.

2. In any R zone: mobilehome parks, as described in Section 65852.7, Cal. Admin. Code. The density limit of any such park shall be that of the park site's zoning. All development standards of the site's zoning shall also apply, in addition to the requirements of the Cal. Admin. Code, Part II, Title

25. 3. The following if located on a building site which has direct vehicular access to major or collector street:
a. In any R zone:

1. A church or similar place of public worship on a building site of two acres or more;

2. Any use or structure proposed by a local agency of the state of California including public schools.
b. In zones R2 or R3: Day nurseries; residential care facilities licensed by the state of California serving more than six persons.
c. In zone R2: apartments, upon determination by the commission that such buildings are compatible with development in the vicinity said apartments shall not exceed a land area to dwelling unit ratio of one unit for each three thousand square feet of net land area.

4. The outdoor display of produce and flowers in the RB zone in conformance with the design guidelines adopted by city council resolution.

C. Conditionally Permitted Uses and Structures. The following uses and structures are permitted with the granting of a conditional use permit.

1. Accessory parking to an adjacent business use may be permitted if the proposed site either adjoins the site on which the business is located or is located on the opposite side of the street.

Such parking shall be subject to all the development standards required for a commercially zoned lot adjoining a residential zone. (See 24.04)

2. The following when located on a site having frontage on a major or collector street:
a. Church or similar place of public worship on a building site of less than two acres. b. Private educational institution, day nurseries.
c. In other than the R2 or R3 zones, residential care facilities licensed by the state of California serving more than six persons.
d. Public utility substation or equipment building required for service to the surrounding residential area.

3. In the RB zone, those uses principally permitted in the CN zone; banks, savings and loans, loan and thrifts; clubs; and service organizations, when the planning commission makes the following findings:
a. The subject property is adjacent to commercial zoned property; and b. Any adverse effect on adjacent residential property is mitigated through project design.

Resolution PC-2024-07 July 8, 2024

4. In any R zone when located within a single detached single-family dwelling, a commercial residential use with seven or greater adult residents upon issuance of a business license, when the following provisions are met:
a. A minimum of two hundred square feet of living area shall be provided per adult resident. b. One parking space shall be provided per adult resident. A maximum of two spaces may be provided in tandem to other required parking spaces (such as in a driveway to a garage), when no more than one vehicle is parked behind one other vehicle and no more than fifty percent of the front setback area is paved.
c. A minimum of two bathrooms, each including either a bathtub or shower, shall be provided.

5. In any R zone, the following uses when located within a locally designated historical landmark:
a. Professional offices (including medical).
b. Retail sales when such sales are found to be compatible with the historical status of the building. Accessory manufacture of crafts for sale on site may be permitted when no special equipment or materials incompatible with the residential neighborhood are needed.
c. Bed and breakfast inns.
d. Restaurant.
e. Apartments or condominiums.

The parking requirements for such uses may be modified through the conditional use permit review in accordance with Section 24.04.020I.

6. Wireless communications facilities, either freestanding or attached to a building or structure, shall be subject to the requirements of the urban design program and approval by the design review board and city council in accordance with Resolution No. 15540, as well as approval of a conditional use permit. Conditional use permits for wireless communications facilities shall expire ten years from the date of approval, unless amended or extended by the planning commission.

Facilities (consisting of a single antenna) under three feet in width and height and located no higher than five feet above the building roofline are exempt from this review when serving residential uses on the subject property.

D. Permitted Accessory Uses and Structures. Accessory uses and structures are those which are subordinate, clearly incidental and customarily appropriate to the operation of the principal use and are permitted in all residential zones. Those permitted accessory uses and structures shall be limited to:

1. Accessory structures including: garages, carports for vehicles, and swimming pools; those structures used in landscaping and beautification of the building site including storage sheds, arbors, trellises, fences and flagpoles; and
a. Temporary fabric shade structures assembled with non-permanent fasteners and without a foundation that comply with the following standards:
(1) Only one permitted on a lot developed with a single-family residence. (2) The structure shall be no larger than four hundred square feet in size. (3) The structure shall not block or cover a required vehicle access easement, driveway, garage, carport, or required off-street parking.

Resolution PC-2024-07 July 8, 2024

(4) The structure must comply with the height limit for detached accessory structures.
(5) The structure must comply with all applicable building and fire safety requirements, and development standards as approved by the city. The property owner shall certify that they are abiding by the requirements and development standards.
(6) The structure shall be maintained on the property for a maximum period of ninety consecutive days in a twelve-month period.
(7) The structure may not encroach in any required setback. Exception: The structure may be located within a setback and anywhere else on the lot for special events not to exceed a total of forty-eight hours within any seven day time period. No other setback exceptions shall apply.
(8) The structure may not be located in a front yard area as defined by Section

24.01.100. EXCEPTION: The development standards set forth above shall apply except as modified by approval of a special permit by the planning commission for the following: 1) exceeding the maximum ninety-day time period; 2) encroaching in setbacks or front yard areas; or 3) exceeding the size and height limitations.
b. Conventional (open-grid or open-wire) television/radio receiving antennas, and satellite dish antennas which comply with the following standards:
(1) Maximum dish diameter shall not exceed twelve feet. (2) Maximum overall height of fifteen feet from base to top of the antenna and all ancillary equipment in an operative position.
(3) Dish antennas must be ground mounted.
(4) Dish antennas must not be located between a building and an exterior property line abutting a public right-of-way (i.e., not located in front yards). This shall not preclude locating dish antennas in side yards of corner lots, rear yards of through lots, or other locations generally not visible from an adjacent street. (5) Dish antennas shall not be located within a required setback area from primary structures within the underlying zone district.
(6) The area within which the antenna is located must be enclosed by a solid fence or wall of five to six feet in height (an existing perimeter backyard fence can be used to meet this requirement).
(7) A maximum of one satellite dish antenna per residential lot. (8) Landscaping shall be installed in close proximity to the satellite dish antenna to screen the nonreceiving side of an antenna which will be clearly visible from an adjacent property. Landscaping materials installed to meet this requirement shall be of a size, type, quality, and located to reasonably screen the antenna within a three-year time period from the date of installation. (9) All dish antennas over three feet in diameter shall obtain a building permit as required by the building division.
(10) Satellite dish antennas three feet in diameter or less shall be exempt from the screening requirements and may be located on a roof provided they are not greater than five feet above the height of the roof on which they are mounted.

Resolution PC-2024-07 July 8, 2024

(11) All proposed dish antennas which do not comply with the above standards shall require a conditional use permit as provided in Section 24.05.020(D)(8)(d).

2. In zones R2, R3 and RB zones, for the sole use and pleasure of the family occupying the premises, animals may be kept as follows, subject in addition to all applicable limitations and regulations of Title 8:
a. Two adult dogs per multi-family dwelling unit and up to five adult dogs for a single-family dwelling unit.
b. Two adult cats per dwelling unit. The number of adult cats may be increased, to a maximum of ten, if those cats exceeding the first two are spayed or neutered. c. Two adult potbellied pigs per dwelling unit.
d. Ordinary household pets (no limits except for those listed above). d. Ordinary household pets (no limits except for those listed above). e. There shall be no boarding or keeping of animals for others. f. In the R2 and R3 zones only, on lots developed with one single-family residence, a minimum of two chickens, excluding roosters, per two thousand square feet of lot area, up to a maximum of twenty. Enclosures shall be covered and comply with all setback requirements and located no less than twenty-five feet from any neighboring dwelling unit.

Feed shall be stored in a secured sealed container. For purposes of this section, "enclosure" shall mean any covered structure in which chickens are kept. The area of a lot shall be computed pursuant to Section 24.01.100 of this code.

3. In zones R1E, R1R, R1S, R1, and R1A, for the sole use and pleasure of the family occupying the premises, animals may be kept as follows, subject in addition to all applicable limitations and regulations of Title 8:
a. Two adult dogs per multi-family dwelling unit and up to five adult dogs for a single-family dwelling unit.
b. Two adult cats per dwelling unit. The number of adult cats may be increased, to a maximum of ten, if those cats exceeding the first two are spayed or neutered. c. Two adult potbellied pigs per dwelling unit.
d. Ordinary household pets (no limits except for those listed above). e. A minimum of two chickens, excluding roosters, per two thousand square feet of lot area, up to a maximum of twenty. Enclosures shall be covered and comply with all setback requirements and located no less than twenty-five feet from any neighboring dwelling unit.

Feed shall be stored in a secured sealed container. For purposes of this section, "enclosure" shall mean any covered structure in which chickens are kept. The area of a lot shall be computed pursuant to Section 24.01.100 of this code.
f. In the R1R and R1E zones only, the following additional animals may be kept:
(1) Bees may be kept in conformance with the regulations of San Diego County Department of Agriculture.
(2) On lots over one-half acre in size, one horse, goat, or sheep. g. There shall be no boarding or keeping of animals for others.

4. In Zones R1E, R1R, R1S, R1, and R1A, for the sole use and pleasure of the persons occupying the premises, racing or homing pigeons may be kept as follows, subject in addition to all applicable

Resolution PC-2024-07 July 8, 2024

limitations and regulations of Title 8 (excepting therefrom location requirements with respect to specific distances from adjoining residences):
a. The number of birds may not exceed one hundred.
b. The birds shall be kept confined in aviaries except when exercising for short periods. c. The aviaries shall observe the setbacks required for principal buildings within the zone, but in no case be located within thirty feet of any residence on an adjoining lot. d. The owner shall be affiliated with a certified racing pigeon club or organization. e. The cages and food supplies shall be kept clean and clear of pests.

5. Uses customarily enjoyed by a family such as gardening, horticulture, and hobbies. Hobbies shall not be construed to mean the manufacture of goods or services provided in connection with a home occupation or any use set forth in paragraph 7 below.

6. Fences, walls and retaining walls, as per the development standards of this chapter.

7. Home occupations operated by residents of the property, conducted wholly within the dwelling unit.

8. Accessory Dwelling Units, Attached and Detached.
a. Development and Use Standards.
i. One attached or one detached accessory dwelling unit may be permitted in conjunction with an existing or proposed dwelling on lots zoned for singlefamily or multifamily residential use. ii. The floor area of an attached or detached accessory dwelling unit shall not exceed one thousand two hundred square feet.
iii. An additional five percent of lot coverage above that established for the underlying zoning designation shall be allowed for accessory dwelling units only for lots of ten thousand square feet or less and where there is an existing single-family residence.
iv. An accessory dwelling unit may be permitted on the same lot as a junior accessory dwelling unit.
v. Except as provided herein, attached and detached accessory dwelling units shall comply with the development standards of the underlying zone and/or overlay zone, and all other ordinances, regulations, and policies, applicable to the development of residential dwelling units.
vi. No lot coverage limitation, front setback, minimum open space requirement, or minimum lot size requirement shall preclude the development of an accessory dwelling unit that is at least eight hundred square feet in area with side and rear setbacks of not less than four feet, provided that all other development standards are met.
vii. Except as provided herein, attached and detached accessory dwelling units shall comply with all local building and fire code requirements, as appropriate. viii. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

Resolution PC-2024-07 July 8, 2024

ix. Projects solely proposing the development of an accessory dwelling unit shall be exempt from public right-of-way dedication and improvement requirements.
b. Setbacks for Accessory Dwelling Units.
i. Except as provided herein, attached and detached accessory dwelling units shall comply with the setbacks required for the primary dwelling as established by the underlying zoning designation or overlay zone, as applicable. ii. Notwithstanding the setbacks established by the underlying zoning designation or overlay zone, attached or detached accessory dwelling units shall have a setback of not less than four feet from side and rear property lines, or from the interior edge of adjacent access easements, whichever is more restrictive, except where the underlying zoning allows a lesser setback. iii. Any accessory dwelling unit that is created by new construction, including additions to existing structures, that does not comply with the setbacks established by the underlying zoning designation or overlay zone shall be maintained as an accessory dwelling unit and shall not be converted to or used for any other purpose without express authorization of the city. iv. Building appendages for accessory dwelling units shall comply with Municipal Code Section 24.05.030G.
c. Historical Sites and Districts.
i. An accessory dwelling unit may be allowed on designated historical sites and within historical districts provided that the location and design of the accessory dwelling unit meets corresponding historical preservation requirements in place at the time the accessory second dwelling unit is built and complies with the requirement of this section.
ii. Detached accessory dwelling units shall be located behind the primary residence and/or historic structure.
iii. The construction of the accessory dwelling unit shall not result in the removal of any other historically significant accessory structure, such as garages, outbuildings, stables or other similar structures.
iv. The accessory dwelling unit shall be designed in substantially the same architectural style and finished materials composition as the primary residence or historic structure.
v. Construction of an accessory dwelling unit shall not result in demolition, alteration or movement of the primary residence/historic house and any other on-site features that convey the historic significance of the house and site. vi. If the historic house/site is under a Mills Act contract with the city, the contract shall be amended, as needed, to authorize the introduction of the accessory dwelling unit on the site.
d. Overlay Zones.
i. The requirements of Municipal Code Chapter 24.09, Scenic Preservation Overlay Zone, shall apply to the development of accessory dwelling units, except that planning commission review shall not be required for a project that solely proposes an accessory dwelling unit.

Resolution PC-2024-07 July 8, 2024

ii. Projects proposing solely the development of an accessory dwelling unit shall not be subject to the requirements of Municipal Code Chapter 24.11, Urban Design Overlay Zone, or the requirements of the Urban Design Program. iii. The requirements of Municipal Code Chapter 24.13, Hillside Overlay Zone, shall apply to the development of accessory dwelling units, except that planning commission review shall not be required for a project that solely proposes an accessory dwelling unit.
iv. Within the Bowling Green Overlay Zone, any tree that was required to be planted pursuant to Municipal Code Section 24.17.030D that is disturbed by a project to construct an accessory dwelling unit shall be preserved in place, or replaced in kind on the subject property if disturbed by the project. e. Notwithstanding subsections a. through d. above, a building permit shall be ministerially approved for accessory dwelling units in a residential or mixed-use zone when it falls into one of the four categories listed below as provided by California Government Code section 65852.2(e):
i. One accessory dwelling unit on a lot with an existing or proposed single-family dwelling created from converting existing or proposed space within a singlefamily dwelling, or existing accessory structure, provided that the accessory dwelling unit has exterior access from the existing or proposed single-family dwelling and setbacks are sufficient for fire safety as determined by the fire marshal or the building official. Accessory dwelling units converted from an existing accessory structure may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure solely for the purpose of accommodating ingress and egress.
ii. One detached, new construction, accessory dwelling unit on a lot with an existing or proposed single-family dwelling, provided that the accessory dwelling unit is at least eight hundred square feet in area, has side and rear setbacks of not less than four feet, and complies with the maximum height limitations of the underlying zoning district.
iii. One or more accessory dwelling units on a lot with an existing multifamily dwelling converted from non-livable space (including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages), provided that each unit complies with state building standards. The greater of one accessory dwelling unit or accessory dwelling units totaling not more than twenty-five percent of the existing dwelling units in a multifamily dwelling structure may be permitted on lots with existing multifamily dwelling structures in any residential or mixed-use zone.
iv. Up to two detached accessory dwelling units located on a lot with an existing or proposed multifamily dwelling, provided that each unit has side and rear setbacks of not less than four feet and complies with the height limitations of the underlying zoning district. The two accessory dwelling units allowed by this subsection may be created from converting space within an existing accessory structure that is detached from the primary residential structure(s), provided that setbacks are sufficient for fire safety as determined by the fire marshal or the building official. If the existing multifamily dwelling has a rear or side setback of less than four feet, modifications to the existing multifamily dwelling shall not be required.
f. Parking.

Resolution PC-2024-07 July 8, 2024

i. New or additional parking spaces shall not be required for the creation of accessory dwelling units.
ii. Where provided, parking spaces for accessory dwelling units shall comply with Chapter 24.04 (Parking) of the Municipal Code, including, but not limited to, the design requirements of the parking standards adopted by city council resolution no. 17128, or as those standards may be amended or modified by city council action.
iii. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, any required parking spaces removed shall not be required to be replaced.
g. Utilities.
i. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, except that an accessory dwelling unit proposed to be constructed with a new single-family residence may be considered a new residential use for the purposes of calculations connection fees or capacity charges.
ii. For an accessory dwelling unit that is contained wholly within the space of an existing or proposed single-family residence or an existing accessory structure, plus any expansion of the accessory structure as allowed by Section

24.05.020D8e(i), has independent exterior access from the existing residence and the side and rear setbacks are sufficient for fire safety, no new or separate utility connection directly between the accessory dwelling unit and the utility shall be required and no related connection fee or capacity charge shall be imposed, unless the accessory dwelling unit is proposed to be constructed with a new single-family residence.
iii. For an accessory dwelling unit that does not meet the criteria of Municipal Code Section 24.05.020D8c(ii) and where the physical characteristics of the lot on which the accessory dwelling unit is proposed preclude connection to the existing utility connection of the primary dwelling, a new or separate connection directly to the utility shall be required and related connection fees and capacity charges shall be imposed.
iv. For attached or detached accessory dwelling units constructed on the same lot as an existing multifamily dwelling structure as described in Section

24.05.020D8e(iii) and (iv), a new or separate utility connection may be required between the accessory dwelling unit and the utility. The connection may be subject to a connection fee and/or capacity charge.
v. Connection fees and capacity charges shall be imposed for accessory dwelling unit projects that voluntarily propose a new or separate connection directly between the accessory dwelling unit and the utility.
vi. When connection fees and/or capacity charges are imposed, the fee and/or charge shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its area or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code, upon the water or sewer system. The fee and/or charge shall not exceed the reasonable cost of providing this service.

Resolution PC-2024-07 July 8, 2024

vii. Prior to approval of an accessory dwelling unit on properties with a private sewage system, approval by the County of San Diego Department of Environmental Health, or any successor agency, shall be required. h. Permit and Review Requirements.
i. Not more than one attached accessory dwelling, one detached accessory dwelling unit, and one junior accessory dwelling unit shall be permitted on a lot with an existing or proposed single-family dwelling.
ii. Not more than two detached, new construction accessory dwelling units shall be permitted on a lot with an existing or proposed multifamily dwelling. iii. Applications for accessory dwelling units conforming to the requirements of this section shall be considered ministerially without discretionary review or a hearing, and the city shall approve or deny such applications within sixty calendar days after receiving the application, if there is an existing single-family or multifamily dwelling on the lot. If a permit application for an accessory dwelling unit is submitted with an application for a new single-family or multifamily dwelling on the same lot, approval or denial of the accessory dwelling unit shall be delayed until the city approves or denies the permit application for the single-family or multifamily residence. If the applicant requests a delay, the sixty-day time period shall be extended for the period of the delay.
iv. The correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit shall not be required for approval of a building permit for an accessory dwelling unit.
v. No impact fees shall be imposed for an accessory dwelling unit that is less than seven hundred fifty square feet in area. Any impact fees charged for an accessory dwelling unit that is seven hundred fifty square feet in area or greater shall be assessed proportionately in relation to the square footage of the primary dwelling unit. "Impact fee" as used herein does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
vi. Any demolition permit required for or associated with an application for construction of an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. vii. A certificate of occupancy for an accessory dwelling unit shall not be issued before issuance of a certificate of occupancy for the primary dwelling. viii. At the request of the owner of an accessory dwelling unit, enforcement of state building standards related to the accessory dwelling unit shall be delayed, subject to compliance with Section 17980.12 of the Health and Safety Code, provided that the accessory dwelling unit was built prior to January 1, 2020. ix. Accessory dwelling units shall not be considered in the application of any ordinance, policy, or program to limit residential growth. i. Conveyance and Rental.
i. The rental of an accessory dwelling unit created under Section 24.05.020D8e shall be for terms longer than thirty days.

Resolution PC-2024-07 July 8, 2024

ii. An accessory dwelling unit shall not be sold or otherwise conveyed separately from the primary residence, but may be rented.
iii. An accessory dwelling unit may be sold or conveyed separately from the primary residence to a qualified buyer provided that all of the following apply:
(1) The ADU or primary dwelling was built or developed by a qualified nonprofit corporation.
(2) There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
(3) The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
(a) The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each qualified buyer occupies.
(b) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the property if the buyer desires to sell or convey the property.
(c) A requirement that the qualified buyer occupy the property as the buyer's principal residence.
(d) Affordability restrictions on the sale and conveyance of the property that ensure the property will be preserved for low-income housing for forty-five years for owner-occupied housing units and will be sold or resold to a qualified buyer.
(4) If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all of the following:
(a) Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant's obligations to each of the other cotenants have been satisfied.
(b) Delineation of each cotenant's responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.
(c) Procedures for dispute resolution among the parties before resorting to legal action.
(5) A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the Office of the San Diego County Recorder. A Preliminary Change of Ownership Report shall

Resolution PC-2024-07 July 8, 2024

be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
(6) Notwithstanding Section 24.05.020D8c, if requested by a utility providing service to the primary residence, the accessory dwelling unit shall have a separate water, sewer, or electrical connection to that utility. j. For the purposes of this section, the following definitions apply:
i. "Accessory dwelling unit" shall be as defined in Municipal Code Section

24.01.100.
ii. "Living area" shall mean the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. iii. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards. iv. "Objective standards" means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
v. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting. vi. "Public transit" shall mean a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
vii. "Qualified buyer" means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code. viii. "Qualified nonprofit corporation" means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.

9. Junior Accessory Dwelling Units:
a. One junior accessory dwelling unit may be permitted in conjunction with an existing or proposed single-family residence on lots zoned for single-family or multifamily residential use.
b. A junior accessory dwelling unit may be permitted on the same lot as one accessory dwelling unit.
c. A junior accessory dwelling unit shall not be sold separately from the primary residence. d. A junior accessory dwelling unit may be rented, but only with a rental agreement with terms greater than thirty days.
e. The owner of a lot with a junior accessory dwelling unit shall occupy as a principal residence either the primary dwelling or the junior accessory dwelling unit, except where the primary dwelling and junior accessory dwelling are held by an agency such as a land trust or housing organization in an effort to create affordable housing. f. Junior accessory dwelling unit development standards:

Resolution PC-2024-07 July 8, 2024

(i) A junior accessory dwelling unit shall not exceed five hundred square feet in total floor area.
(ii) A junior accessory dwelling unit shall be contained entirely within an existing or proposed single-family residence. Attached, enclosed uses, including garages, are considered a part of the proposed or existing single-family residence. For purposes of this subsection, "attached" shall mean that the enclosed use shares a common wall with interior, habitable living space of the primary dwelling unit.
(iii) A junior accessory dwelling unit shall be provided with a separate exterior entry.
(iv) A junior accessory dwelling unit shall include an efficiency kitchen, with the following components:
(1) A cooking facility with appliances.
(2) A food preparation counter and storage cabinets that are reasonable to the size of the unit.
(v) No additional parking shall be required for a junior accessory dwelling unit other than that required when the existing primary residence was constructed. (vi) A junior accessory dwelling unit may share bathroom/sanitation facilities with the primary residence or may provide separate facilities. If the junior accessory dwelling unit shares sanitation facilities with the primary residence, an interior entry to the primary residence's main living area shall be maintained to provide access to the sanitation facilities.
g. Except as provided herein, a junior accessory dwelling unit shall comply with all local building and fire code requirements, as appropriate.
h. The correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit shall not be required for approval of a building permit for a junior accessory dwelling unit. i. Junior accessory dwelling units shall not be required to provide fire sprinklers or fire attenuation specifications if they are not required for the primary residence. An inspection to confirm that the junior accessory dwelling unit complies with development standards may be assessed.
j. No sewer or water connection fees shall be required for the development of a junior accessory dwelling unit. An inspection to confirm that the junior accessory dwelling unit complies with development standards may be assessed.
k. Prior to issuance of a building permit for a junior accessory dwelling unit, a covenant shall be recorded between the owner and the city of La Mesa agreeing to the terms stipulated in this chapter. The covenant shall specifically mention that:
(i) The junior accessory dwelling unit shall not be sold separately from the primary dwelling unit.
(ii) The junior accessory dwelling unit may be rented, but only with a rental agreement with terms greater than thirty days.
(iii) The junior accessory unit is limited to the size and attributes set forth by this section.

Resolution PC-2024-07 July 8, 2024

(iv) The owner of record of the property shall occupy the primary dwelling unit or the junior accessory dwelling unit, except where the primary dwelling and junior accessory dwelling are held by an agency such as a land trust or housing organization in an effort to create affordable housing. (v) The covenant shall be binding upon any successors in interest or ownership of the property and lack of compliance with the provisions thereof may result in legal action against the property owner, including revocation of the right to maintain a junior accessory dwelling unit on the property. l. Applications for junior accessory dwelling units conforming to the requirements of this section shall be considered ministerially without discretionary review or a hearing, and the city shall approve or deny such applications within sixty calendar days after receiving the application if there is an existing single-family dwelling on the lot. If a permit application for a junior accessory dwelling unit is submitted with an application for a new single-family dwelling on the same lot, the approval or denial of the junior accessory dwelling unit shall be delayed until the city approves or denies the permit application for the single-family residence. If the applicant requests a delay, the sixty-day time period shall be extended for the period of the delay.
m. Projects solely proposing a junior accessory dwelling unit shall be exempt from the requirements for public right-of-way dedication and improvement.

10. Accessory Uses and Structures by Conditional Use Permit:
a. Tennis, handball or similar courts. (As part of the original construction of a PRD, condominium or apartment development, such court may be approved through the normal project review, providing the judgment is made that its location, lighting and use will not be disruptive to adjacent residential properties.)
b. Columbarium cabinets with a capacity to store more than two hundred urns, in conjunction with a church use. All such cabinets shall only be installed inside enclosed buildings. c. The construction of large objects unrelated to the premises such as boats or airplanes on a one-time basis.
d. Non-conventional antennas, and satellite dish antennas over three feet in diameter which do not comply with the provisions of Section 24.05.020.D.1.

11. Commercial residential use within a detached single-family residence with six or fewer adult residents upon issuance of a business license, when the following provisions are met:
a. A minimum of two hundred square feet of living area shall be provided per adult resident. b. One parking space shall be provided per adult resident. A maximum of two spaces may be provided in tandem to other required parking spaces (such as in a driveway to a garage), when no more than one vehicle is parked behind one other vehicle and no more than fifty percent of the front setback area is paved.
c. A minimum of two bathrooms, each including either a bathtub or shower, shall be provided.

12. Unattended storage containers for recyclable materials occupying less than fifty square feet located on the premises of residential property and used solely for the recycling of material generated by the residential property, or unattended storage containers for recyclable materials on permitted institutional uses in residential districts for the donation of recyclable materials for noncommercial purposes. Such storage containers shall be located in the general vicinity of other trash collection facilities on the site.

13. Small family day care homes located in a single-family residence.

Resolution PC-2024-07 July 8, 2024

14. Large family day care homes located in a single-family residence when the following criteria are met:
a. A minimum of one off-street parking stall shall be provided for the unloading/loading of children.
b. All outdoor play areas shall be enclosed within a minimum four-foot high fence. c. A plot plan shall be furnished to the planning department with the business license application clearly showing how items a. and b. are being met. d. The fire department has conducted an inspection of the property prior to issuance of the business license to ensure that all Fire Codes applicable to such a facility are being met.

15. Columbarium cabinets or columbaria, with a capacity limited to store two hundred urns or less, in conjunction with a church use. All such cabinets shall only be installed inside enclosed buildings.

16. Exterior lighting shall be compatible with residential use. All lighting shall be designed, installed and maintained to project the light primarily on the owner's property. This may require the use of shields, and may limit the location, type and height of light fixtures. Any light falling on adjacent properties shall be minimal and incidental. Lighting shall be focused directly on the owner's property, and shall not be focused on adjacent properties. (Ord. 2263; May 19, 1981: Ord. 2421 §§ 2, 3; March 11, 1986: Ord. 2446 § 1; January 27, 1987: Ord. 2484 § 2; November 10, 1987: Ord. 2528 § 1; June 13, 1989: Ord. 2557 §§ 3, 4; March 27, 1990: Ord. 2569 §§ 1, 2; January 22, 1991: Ord. 2583 §§ 3, 4; June 11, 1991: Ord. 2598 § 2; March 24, 1992: Ord. 2600 §§ 16-18; April 28, 1992: Ord. 2643 §§ 2, 3; May 24, 1994: Ord. 2646 § 1; June 28, 1994: Ord. 2658 §§ 1—3; May 9, 1995: Ord. 97-2684 §§ 2—7; October 14, 1997: Ord. 2001-2714 § 2; November 13, 2001: Ord. 2002-2720 § 1 (part); June 11, 2002: Ord. 2002- 2723 § 2; September 24, 2002: Ord. 2003-2736 § 1; October 14, 2003: Ord. 2003-2741 § 1; November 12, 2003:

Ord. 2003-2743 § 1; November 25, 2003: Ord. 2014-2832 §§ 2—4; April 8, 2014: Ord. 2016-2845 §§ 2, 3; February 9, 2016; Ord. 2019-2865, §§ 2C, D, March 12, 2019; Ord. 2019-2866, § 2C, March 12, 2019; Ord. 2020-2877, § 1, January 28, 2020; Ord. 2020-2879, § 2C, D, April 14, 2020; Ord. 2020-2880, § 2A, April 14, 2020; Ord. 2022-2894, § 6, February 8, 2022; Ord. No. 2023-2903, §§ 2B, C, March 14, 2023; Ord. No. 2023-2904, § 2, March 14, 2023)

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: August 13, 2024
SUBJECT: RESOLUTION APPROVING THE FIRST AMENDMENT

TO THE STANDARD SERVICES AGREEMENT FOR

PROFESSIONAL SERVICES BETWEEN THE CITY OF

LA MESA AND SOLANA CENTER FOR

ENVIRONMENTAL INNOVATION FOR EDIBLE FOOD

RECOVERY EDUCATION AND COMPLIANCE

CONSULTANT SERVICES
ISSUING DEPARTMENT: Public Works
SUMMARY:

Issues:

Should the City Council adopt a resolution amending an existing professional services agreement for $118,878.35 between the City of La Mesa and Solana Center for Environmental Innovation for edible food recovery education and compliance consultant services?
Recommendation:

That the City Council adopt a resolution amending an existing professional services agreement for $118,878.35 between the City of La Mesa and Mesa and Solana Center for Environmental Innovation for edible food recovery education and compliance consultant services.

Fiscal Impact:

This amendment to the professional services agreement for an additional $118,878.35 will primarily be funded by two cycles of Senate Bill 1383 Local Assistance Grant Funds (OWR1 and OWR4) provided from State agency CalRecycle, GL Account 208-46560-000-000000, totaling $95,993 from grant funding. The use of funds for this purpose has been approved by CalRecycle. The

Report to Mayor and Councilmembers
Date: August 13, 2024
Page: 2 of 4
remaining $22,885.35 will be utilized from Environmental Services Professional and Specialized Services, GL Account 208-64300-301.

City’s Strategic Goals:
 Promote a high quality of life that current and future generations can afford to call home.

Climate Action Plan Reduction Strategy:
 SW-1 Food Scrap and Yard Waste Diversion – Promote efforts in the development of a residential food and organic waste collection program.  SW-3 Divert 75% Waste from Landfill – Maximize waste diversion (75% diversion rate) in the City through zero waste strategy and best practices.

BACKGROUND:

Senate Bill 1383 (SB 1383) was adopted by the State in 2016 and mandates jurisdictions educate, monitor, and enforce compliance of business and residential entities on organic waste recycling and edible food recovery. Due to SB 1383 requirements, the City of La Mesa passed Ordinance 2022-2895 to add Chapter 7.30 Mandatory Organics Recycling and Edible Food Recovery to the La Mesa Municipal Code, which requires education and compliance monitoring of La Mesa-based food recovery organizations (FROs) and defined commercial edible food generators.

Staff solicited proposals from three local firms, Global Disposal, TRC, and Solana Center for Environmental Innovation (Solana Center), who were deemed qualified to provide consultant services. Based on the application proposals, Solana Center’s proposal was selected by City staff due to their expertise in edible food recovery and understanding of the food recovery landscape in San Diego. On July 3, 2023, the City entered into a professional services agreement for edible food recovery education and compliance consultant services with Solana Center.

Solana Center has been providing technical assistance and education to La Mesa Tier One generators since late summer of 2023 and have proven to be knowledgeable and adept in their work. They are currently contracted with 12 other jurisdictions in San Diego.

Other cities utilizing Solana Center for SB 1383 edible food recovery services include Encinitas, Del Mar, Solana Beach, San Marcos, Oceanside, Vista, El Cajon, and Imperial Beach.

Report to Mayor and Councilmembers
Date: August 13, 2024
Page: 3 of 4
DISCUSSION:

As of January 1, 2022, defined commercial edible food generators, also called Tier One generators, must recover and donate the maximum amount of edible food generated. “Tier One commercial edible food generator” refers to large commercial edible food generators such as a supermarket, food service provider, food distributor, or wholesale food vendor. Starting January 1, 2022, jurisdictions are required to inspect Tier One generators. By February 1, 2022, jurisdictions must provide education and outreach to Tier One and Tier Two commercial edible food generators. “Tier Two” generators are defined as large restaurants, hotels, health facilities, venues, and events, with specific definitions for each category. In La Mesa, there are 14 identified Tier One generators, and 30 identified Tier Two commercial edible food generators.

When the City first entered into an agreement with Solana Center in June 2023, education and outreach to Tier One generators was prioritized due to limited budget. Jurisdictions are required to enforce on commercial edible food generators beginning January 1, 2024, and Solana Center is well-positioned to provide Tier Two generator technical assistance and education to help businesses be in compliance with State regulations. Therefore, City staff requested a quote for an additional year of technical assistance to both Tier One and Tier Two edible food generators, through Fiscal Year 25. The proposed Scope of Work will cost $118,878.35 and will primarily be funded by grants from two cycles (OWR1 and OWR4) of SB 1383 Local Assistance Grants from State agency, CalRecycle. The higher cost is due to the anticipated need for extra support for Tier Two generators, who are less likely than Tier One generators to have food recovery and donation processes in places.

Education and outreach will be prioritized in order to bring Tier One and Tier Two food generators into compliance.

CONCLUSION:

Staff recommends that the City Council adopt a resolution amending an existing professional services agreement for $118,878.35 between the City of La Mesa and Mesa and Solana Center for Environmental Innovation for edible food recovery education and compliance consultant services.

Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael Throne, PE
City Manager Director of Public Works

Report to Mayor and Councilmembers
Date: August 13, 2024
Page: 4 of 4
____________________________
Hilary Ego
Environmental Sustainability Manager
____________________________
Serena Lee
Environmental Analyst II
Attachments: A. First Amendment
B. First Amendment Agreement Attachment 1
C. Executed Agreement with Solana Center
D. Resolution

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SB 1383 Flat Fee Pricing- Base Services
Task Units Deliverable # of Units
FY25 Cost/Unit
(Medium) Total Cost

1. EDUCATION & RESOURCE DEVELOPMENT

2. INSPECTIONS & TECHNICAL ASSISTANCE

3. TIER ID & CAPACITY PLANNING SERVICES

1.1 Annual Education & Outreach Assessment Annual
-Annual review and update of
City's website to reflect accurate
resources, such as FROs 1 $1,102.50 $1,102.50

2.1 Business Analysis & Inspection Plan Annual
-1 reminder to all businesses
about areas of improvement
-1 customized plan of which
businesses to inspect
-1 hour meeting about inspection
plan with client 1 $3,638.50 $3,638.50

2.2 Inspection Business Coordination Business -2 outreach attempts per business 67 $55.13 $3,693.38

2.3 Food Generator or Food Rescue Organization Site Visit Business -1 visit to a FG or FRO
-1 report & photos 67 $578.81 $38,780.44

2.4 Individualized Business Support Hourly
-extra communication or
assistance with businesses
-external stakeholder
communication 75 $110.25 $8,268.75

3.1a Comprehensive Annual Tier List Completion Annual
-1 updated list of FG Tier ID
-1 updated list of FROs 1 $6,615.00 $6,615.00

3.1b Joint Annual Tier List Completion Annual
-1 updated list of FG Tier ID with
city providing the necessary
specified documentation
-1 updated list of FROs with city
providing the necessary specified
documentation 0 $220.50 $0.00

3.1c Business Tier Identification Business
-1 review of new businesses
provided by city 0 $220.50 $0.00
Solana Center for Environmental Innovation - Scope of Work for the City of La Mesa Attachment 1

SB 1383 Flat Fee Pricing- Base Services
Task Units Deliverable # of Units
FY25 Cost/Unit
(Medium) Total Cost

3.2 Capacity Planning Report
As per
CalRecycle
Regulations 0 $2,756.25 $0.00

3.3 FRO Annual Reporting Assistance Business
-1 updated list of FRO compliance
to city
-2 outreach attempts to FRO for
Annual Reporting information
-Assistance per FRO for reporting 6 $248.06 $1,488.38

3.4 FG Annual Reporting Assistance Business
-1 updated list of FG compliance
to city
-2 outreach attempts to FG for
Annual Reporting information
-Assistance per FG for reporting 41 $192.94 $7,910.44

4.1 Food Recovery Data Recordkeeping Business
-Recordkeeping of inspection data
& organization contact
information
-Developing outreach materials
(Tier ID letters, email templates,
inspection & investigation
checklists, and annual reporting
forms) for FGs & FROs
-EAR Readiness 67 $220.50 $14,773.50

4.2 City Enforcement Recordkeeping Documents Annual
-1 Edible Food Recovery Programs
SOP
-1 Pass/Fail Guidance Document 0 $1,102.50 $0.00

4.3 Procurement Assessment Survey
-1 Procurement Survey for
Recycled Paper Content 0 $771.75 $0.00

6.1a Comprehensive Consulting Monthly
-7 hours of monthly
communication with client 0 $992.25 $0.00
-1 report quantifying edible food
generation vs food recovery
capacity

4. IMPLEMENTATION SERVICES

5. ORGANIC WASTE RECYCLING SERVICES

6. PROGRAM MANAGEMENT SERVICES

SB 1383 Flat Fee Pricing- Base Services
Task Units Deliverable # of Units
FY25 Cost/Unit
(Medium) Total Cost

6.1b Standard Consulting Monthly
-4 hours of monthly
communication with client 12 $661.50 $7,938.00

6.2 Invoicing & Reporting Monthly 12 $523.69 $6,284.28

7.1 Inspection Drive Time & Mileage Trip 67 $158.33 $10,608.11 Flex Funds As-Needed 5-10% of total services $111,101.27 7% $7,777.09 -1 invoice
-1 monthly summary report
$111,101.27
$118,878.35

7. HARD COSTS

SERVICES TOTAL

FINAL TOTAL

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SB 1383 Support Pricing Services for the City of La Mesa Unit Pricing
Following is a pricing list for tasks for the City of La Mesa. This pricing is good through fiscal year 2023-24.

Task Units Cost/Unit
Task 1: Technical Assistance for businesses
Task 1b: Abbreviated technical assistance for any sized business per entity $603.75 Task 1c: Extensive in-person technical assistance for restaurant (T2) per entity $840 Task 1d: Extensive in-person technical assistance for large generator (T1) per entity $1,260 Task 2: Inspections for businesses
Task 2a: In-person inspections for Tier 1 or Tier 2 commercial generators per entity $603.75 Task 2c: In-person inspections of food recovery organizations (FROs) per entity $603.75 Task 3: Additional Services
Task 3a: Upfront planning/pre-work, and any additional services needed (NTE placeholder per task). hourly $105
Task 3b: Extensive communication with business (NTE placeholder).

Includes phone assessments @ 2.5 hrs/business. hourly $105 Task 4: Manage Program
Task 4a: Stakeholder meetings & project management hourly $105 Task 4b: Invoicing & report compilation/delivery monthly $500 Task 4c: Drive time ($78.75/hr) & mileage (current Federal mileage rate 0.655/mi)* per trip $157 *Average round trip from Solana Center to La Mesa is 60 miles and 1.5 hrs = ~ $157 Task Descriptions
Task 1: Technical Assistance for businesses
Supporting SB 1383 requirements: by February 1, 2022 for outreach [14 CCR 18985.1.a] and by October 1, 2022 for reporting
• One-on-one technical assistance (TA) consultations are offered in-person to food generators. • Two types of TA are offered – abbreviated and extensive. City has the option of providing either TA type, or a combination of both, if desired.
o Abbreviated TA ensures that each business receives complete information about gaps in their compliance with resources to become compliant. This TA option provides generalized guidance to businesses to get them started but with very limited handholding.
o Extensive TA provides more in-depth guidance that is customized to ensure food recovery programs are established and solutions for disposal are installed. o Extensive TA consultations include a visual waste assessment, assistance setting up food donation, recommendations for improving organic waste diversion practices, and reporting.

City of La Mesa SB 1383 Services Pricing 1
Solana Center for Environmental Innovation
DocuSign Envelope ID: C61822FE-3159-4033-854C-0832B0A6798D

Task 2: Inspections for businesses
Required by SB 1383: inspections to begin by January 1, 2022 [14 CCR 18995.1]; by 2024 for Tier 2 ● Using an inspection plan and protocol customized for La Mesa, Solana Center can inspect Tier 1 and Tier 2 commercial edible food generators, and food recovery organizations. ● Inspections will verify that generators have established a contract or written agreement for food recovery and they are maintaining records of their food donation activities. Note that the County will not be doing this for cities; this task is the responsibility of each jurisdiction. ● Inspections must be conducted in-person, per CalRecycle requirements.

Task 3: Additional Services
● Prework/planning (required);
● Extra communication with business. Examples include: Phone assessments = NTE 2.5 hrs/business, 4 outreach attempts to a business = 1 hr, connecting business to FRO = NTE 1 hr. ● Examples of other as-needed assistance per City request, billed hourly: feedback from other meetings relevant to the city (e.g., TAC), website review, business compliance letter, EAR support, implementation record keeping for edible food recovery, annual report assistance to businesses, etc.

Task 4: Manage Program
● Solana Center will seamlessly manage all aspects of the contracted work. ● This task includes stakeholder communications with the City, such as the initial kick off meeting, as well as any additional stakeholder communications with CALRECYCLE, Food Banks, etc. ● Prep and delivery of business reports, monthly summary progress reports, and invoices. ● Whenever feasible, visits to multiple sites will be scheduled on the same day to minimize per trip travel expenses.

Points of Contact
Mallika Sen, Environmental Solutions Director
[email protected], (760) 436-7986 x724
Jessica Toth, Executive Director
[email protected], (760) 436-7986 x713
Sarah Milligan, Contracts Manager
[email protected], (760) 436-7986 X716
City of La Mesa SB 1383 Services Pricing 2
Solana Center for Environmental Innovation
DocuSign Envelope ID: C61822FE-3159-4033-854C-0832B0A6798D

SB 1383 services for La Mesa through FY 2023-24 (June 30, 2024) La Mesa has: 30 T1s, 50 T2s, and ~10 FROs
● On site inspections for 20% of Tier 1 businesses and Food Recovery Organizations (FROs).

Proposing 80% could be attempted through phone assessments. ● Tier 2 businesses not included.
● Up to 3 abbreviated technical assistance (TA) offerings, no full TAs. ● Additional Services does not include ‘Annual Reporting Support’ for FROs.

Task Units
Cost/Unit
FY24
Total # Units
Task 1: Technical Assistance for businesses $1,811.25
1a: Technical assistance (abbreviated) per entity $603.75 $1,811.25 3 entities 1b: In-person technical assistance per restaurant (T2) per entity $840.00 $0.00 0 entities 1c: In-person technical assistance per large generator (T1) per entity $1,260.00 $0.00 0 entities Task 2: Inspections for businesses $4,226.25
2a: In-person inspections for Tier 1 commercial generators per entity $603.75 $3,622.50 6 entities 2b: In-person inspections for Tier 2 commercial generators per entity $603.75 $0.00 0 entities 2c: In-person inspections of food recovery agencies per entity $603.75 $603.75 1 entities Task 3: Additional Services $18,900.00
Extra communication with business hourly $105.00 $10,500.00 100 hours Prework / Planning hourly $105.00 $5,250.00 50 hours
Solana Center management support for field work hourly $105.00 $1,050.00 10 hours Implementation recordkeeping for Edible Food reporting hourly $105.00 $2,100.00 20 hours Annual reporting support (~3.5 hrs/business) hourly $105.00 $0.00 0 hours Task 4: Manage Program $13,560.00
4a: Stakeholder Meetings & Project Management hourly $105.00 $7,560.00 72 hours 4b: Invoicing & report delivery monthly $500.00 $6,000.00 12 months Task 5: Hard Costs $1,099.00
Drive time & mileage per trip $157.00 $1,099.00 7 trips Total
NTE: $39,596.50
Includes phone assessments @ 2.5 hrs/business, initial pre-work/planning for program set up, and implementation record keeping for Edible Food reporting. In addition, up to 20 hours of extra communication has been factored in to handle outreach attempts to non-responsive businesses, and connecting businesses to FROs, if necessary.

It should be noted that some phone assessments may need to turn into on-site inspections, so the percentage of phone assessments to in-person visits may need to be adjusted over time.

Any other additional services can be included for $105 per hour. Thank you for your business.

City of La Mesa SB 1383 Services Pricing 3
Solana Center for Environmental Innovation
DocuSign Envelope ID: C61822FE-3159-4033-854C-0832B0A6798D

RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA APPROVING

THE FIRST AMENDMENT TO THE STANDARD SERVICES AGREEMENT FOR

PROFESSIONAL SERVICES BETWEEN THE CITY OF LA MESA AND SOLANA

CENTER FOR ENVIRONMENTAL INNOVATION FOR EDIBLE FOOD RECOVERY

EDUCATION AND COMPLIANCE CONSULTANT SERVICES
WHEREAS, Senate Bill 1383 (SB 1383) was adopted by the State in 2016 and mandates jurisdictions educate, monitor, and enforce compliance of business and residential entities on organic waste recycling and edible food recovery;
WHEREAS, staff solicited proposals from three local firms, Global Disposal, TRC, and Solana Center for Environmental Innovation (Solana Center), who were deemed qualified to provide consultant services;
WHEREAS, staff selected Solana Center’s proposal due to their expertise in edible food recovery and understanding of the food recovery landscape in San Diego and thereby entered into an agreement on July 3, 2023;
WHEREAS, at this time, both parties mutually agree to amend the project to include all the tasks and items listed and described in First Amendment Attachment 1 attached hereto and incorporated herein as part of the Agreement;
WHEREAS, the fee for professional services provided in FY 25 shall be amended to the amount of $118,878.35; and
WHEREAS, all other terms, conditions and obligations contained in the Agreement other than those specified in this First Amendment shall remain in full force and effect.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the Mayor is hereby authorized to approve the First Amendment with Solana Center for Environmental Innovation for Consultant Services for edible food recovery education and compliance in the amount of $118,878.35.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 13th day of August 2024, 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. 2024- , 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)

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: August 13, 2024
SUBJECT: RESOLUTION APPROVING AN AGREEMENT WITH

PUBLIC HEALTH INSTITUTE FOR CLIMATE ACTION
PLAN IMPLEMENTATION SERVICES FOR THE 2024-
2025 CIVICSPARK PROGRAM
ISSUING DEPARTMENT: Public Works
SUMMARY:

Issues:

Should the City Council adopt a resolution to approve an agreement with Public Health Institute for Climate Action Plan Implementation Services for the 2024-2025 CivicSpark program?
Recommendation:

Staff recommends the City Council adopt a resolution to approve an agreement with Public Health Institute for Climate Action Plan Implementation Services for the 2024-2025 CivicSpark program
Fiscal Impact:

The cost for this service is $62,000, which is budgeted in the Fiscal Year 2024- 2025 Budget Account No. 208-64300-301-000000.

City’s Strategic Goals:
 Promote a high quality of life that current and future generations can afford to call home.

Climate Action Plan Reduction Strategy:

This item supports all measures within the Climate Action Plan.

Report to Mayor and Councilmembers
Date: August 13, 2024
Page: 2 of 3
BACKGROUND:

The CivicSpark program is an AmeriCorps program dedicated to building capacity for local public agencies to address community resilience issues such as climate change, water resource management, housing, and mobility. The CivicSpark program is administered by the Public Health Institute (PHI). Previously, the program was administered by CivicWell.

The CivicSpark program provides a dedicated Fellow for an 11-month period to support research, planning, and implementation projects for community resilience. Fellows are AmeriCorps members selected through a competitive national application process.

Fellows have at minimum a college degree in a relevant field, as well as workplace and community service experience. Projects must support local public agency resiliency needs around climate change adaptation or mitigation, affordable housing, energy efficiency, water management or policy, sustainable mobility, or rural broadband.

The City has hosted two Fellows for the past three service terms, each making significant contributions in Climate Action Plan (CAP) implementation. To continue to assist with CAP implementation, the City applied, and subsequently was approved for two Fellows for the 2024-2025 service year.

DISCUSSION:

To participate in the CivicSpark program, the City is required to execute an agreement with PHI (Attachment B). PHI serves as the employer of the Fellows and provides the Fellows training and professional development, health insurance, and general support.

The City’s Environmental Sustainability Manager and Environmental Analyst will provide direct supervision.

CONCLUSION:

Staff recommends the City Council adopt the resolution to approve the agreement with PHI. If approved, the Fellows placement would begin on September 16, 2024.

Report to Mayor and Councilmembers
Date: August 13, 2024
Page: 3 of 3
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Assistant City Manager
City Manager Amanda Lee
____________________________
Director of Public Works, PE
Michael Throne
____________________________
Environmental Sustainability Manager
Hilary Ego
Attachments: A. Resolution
B. Agreement

RESOLUTION NO. 2024-____

RESOLUTION APPROVING AN AGREEMENT WITH PUBLIC HEALTH

INSTITUTE FOR CLIMATE ACTION PLAN IMPLEMENTATION SERVICES FOR THE 2024-2025 CIVICSPARK PROGRAM
WHEREAS, in March 2018, the City of La Mesa approved the Climate Action Plan (CAP), which charts a course to reduce community-wide greenhouse gas (GHG) emissions serves as a long-range road map with measures in energy, transportation and land use, solid waste, water, and green infrastructure;
WHEREAS, successful CAP implementation requires additional staff and resources; WHEREAS, the nonprofit, Public Health Institute, administers the CivicSpark program, which is a Governor’s Initiative AmeriCorps program dedicated to building capacity for local governments to address climate change in California;
WHEREAS, the City of La Mesa successfully applied to the CivicSpark program to host two CivicSpark Fellows for 11 months for the 2024-2025 service year; WHEREAS, the CivicSpark Fellows will work on Climate Action Plan implementation activities focused on transportation and community engagement; and WHEREAS, the CivicSpark program is funded in part by AmeriCorps and the City of La Mesa is matching $62,000 to host two CivicSpark Fellows.

NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the Mayor is hereby authorized to approve an agreement in the amount of $62,000 with Public Health Institute for Climate Action Plan implementation services for the 2024-2025 CivicSpark program.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 13th day of August 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF CITY CLERK
I, MEGAN WEIGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2024- , 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)

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: August 13, 2024
SUBJECT: RESOLUTION AWARDING A TASK ORDER TO HARRIS

AND ASSOCIATES FOR WASTEWATER UTILITY

BILLING, ANNUAL ADMINISTRATION AND RELATED

SERVICES
ISSUING DEPARTMENT: Public Works
SUMMARY:

Issues:

Should the City Council approve a resolution awarding a task order to Harris and Associates for wastewater utility billing, annual administration, and related services in the amount of $60,000?
Recommendation:

Staff recommends that the City Council approve a resolution awarding a task order to Harris and Associates for wastewater utility billing, annual administration, and related services in the amount of $60,000.

Fiscal Impact:

Funds for the project are available in account 207-64300-401-000000. No general fund money will be used.

City’s Strategic Goals:
 Invest in infrastructure to serve the needs of the community.

Report to Mayor and Councilmembers
Date: August 13, 2024
Page: 2 of 3
BACKGROUND:

Every year the City analyzes water usage data to derive the sewer generation and billing for each property. The billing information is submitted to the County’s Assessor’s Office for each sewer user to include in the property tax bills.

In May 2024, the City advertised a request for qualifications (RFQ) and held a formal selection process to choose highly qualified firms that could provide various services.

Harris & Associates was selected to provide wastewater utility billing, annual administration, and related services.

On July 26, 2024, the Mayor executed a Master Agreement with Harris and Associates to provide wastewater utility billing, annual administration, and related services for an initial duration of three years and an option of two, one-year extensions. The terms of the Master Agreement allow for the issuance of task orders to authorize specific items of work on an as-needed basis to the selected consultants.

In accordance with the La Mesa Municipal Code Purchasing Ordinance, Section

2.40.180(F), the City Council shall approve professional service contracts over fifty thousand dollars.

DISCUSSION:

The City will require data analysis for upcoming Fiscal Year 2025 billing, as well as analysis throughout the year to prepare for Fiscal Year 2026 billing. Due to their familiarity and past performance, it is recommended that a task order be awarded to Harris and Associates for this work, which is proposed to include the following tasks:
 Analyze the water data for sewer billing purposes
 Verify the sewer billings for correctness and accuracy  Prepare and send out to the residents the upcoming billing amounts and details in advance of the property tax bills
 Provide a direct-billing database of properties that are not on the tax roll  Provide online parcel-based billing information
 Train new City staff to use the database
CONCLUSION:

Staff recommends that the City Council approve the resolution awarding a task order to Harris and Associates for wastewater utility billing, annual administration, and related services in the amount of $60,000.

Report to Mayor and Councilmembers
Date: August 13, 2024
Page: 3 of 3
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael W. Throne PE
City Manager Director of Public Works
_____________________________
Jacob Martin
Senior Management Analyst
Attachments: A. Resolution
B. Task Order

RESOLUTION NO. 2024-

RESOLUTION AWARDING A TASK ORDER TO HARRIS AND ASSOCIATES

FOR WASTEWATER UTILITY BILLING, ANNUAL ADMINISTRATION, AND

RELATED SERVICES
WHEREAS, one of the City of La Mesa’s strategic goals is to invest in infrastructure to serve the needs of the community;
WHEREAS, Harris and Associates was selected as the most qualified firm in RFQ 25-01 to provide sewer billing services;
WHEREAS, the City has a need for professional sewer billing services to analyze the water usage and communicate the billing data to the County of San Diego’s Assessor’s Office; WHEREAS, on July 26, 2024, the City executed a Master Agreement with Harris and Associates; and
WHEREAS The terms of the Master Agreement allow for the issuance of task orders to authorize specific items of work on an as-needed basis.

NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Mayor is hereby authorized and instructed to execute a task order between the City of La Mesa and Harris and Associates, for a fee of not to exceed $60,000, for wastewater utility billing, annual administration, and related services.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of La Mesa, California, held the 13th day of August 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, CMC, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2024- , 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)

600 B Street, Suite 2000, San Diego, CA 92101  (619) 236-1778  WeAreHarris.com July 9, 2024
Mr. Jacob Martin
Senior Management Analyst
City of La Mesa
8130 Allison Ave.

La Mesa, CA 91942

PROPOSAL FOR ADMINISTRATION AND RELATED SERVICES FOR
THE WASTEWATER UTILITY BILLING – FY 2024-25
Dear Mr. Martin:

Harris & Associates (“Harris”) appreciates the opportunity to submit this proposal for the continuation of our services providing the City’s Wastewater Utility Billing administration, programing, and related services. This proposal includes our qualifications and experience, work plan, staffing, references, and fees. Our Public Finance team is ready to continue serving the City. By selecting Harris, the City can rely upon our highly qualified staff, who have a wealth of knowledge and experience in all areas of financing district administration and have been providing these services for over 20 years. The City can expect the following:

Commitment – Harris’ Public Finance team members have provided similar service to those requested by the City to the same clientele for over 25 years. Our clients trust our work because we have delivered what they need when they need it and have consistently been accurate and thorough.

Knowledge and Expertise – Our team has consistently demonstrated their ability to serve the needs of our clients.

Our team members have years of experience in administering a wide variety of Districts and other support services.

They have worked with over 100 public agencies, many in Southern California, including the cities of Encinitas, Carlsbad, and Oceanside to name a few. Last year Harris placed assessments and fixed parcel charges on over a million parcels for agencies throughout the State. The experience of our team means that we will be able to evaluate the fiscal health of your districts, identify needed changes and provide annual administration with close integration with City staff.

Experience with the City – With a custom parcel database, we are able to provide the city with a high level of service at an affordable cost. Harris’ team looks forward to continuing to bring our technical knowledge, experience and customer focus to serving the City of La Mesa.

Harris has the experience, ability, and professional excellence to make your project successful. We look forward to working with the City of La Mesa. If you have any questions, please feel free to contact me.

Sincerely, Harris & Associates, Inc.

Donna Segura
Director, Municipal + District Finance
(949) 536-2512  [email protected]

Harris & Associates, Inc.  Proposal for Administration and Related Services for the Wastewater Utility Billing – FY 2024-25 2 of 6

PROJECT UNDERSTANDING
There are many ways to measure success, but the best measure—the one that guides us—is the satisfaction of our clients. We accomplish this by developing a thorough understanding of the City’s current circumstances and needs, objectives of the Scope of Services, and foreseeable goals of the City and its residents.

Harris staff has experience with the City as well as the County of San Diego Assessor and Auditor’s offices from working with our clients in San Diego County, including acting as administrator for the City of Lemon Grove’s Lighting and Sanitation Districts, City of Encinitas’ Landscape and Lighting District and the City of Oceanside’s Lighting and Landscaping Districts. In addition to coordination efforts, Harris will maintain the City of La Mesa Wastewater Utility Billing data in Harris’ web-based application and in the database. Harris has provided the City of La Mesa staff secured logins to access and view the database and charges placed on the parcels within the City of La Mesa. We have an available toll-free line for taxpayer inquiries, where our staff provide answers to your taxpayers within 24 hours to questions regarding their assessments. We train our staff to be knowledgeable regarding your District and ensure that the information you want given to your taxpayers is provided to callers.

SCOPE OF SERVICES
Annual Administration and Database Updates
• Harris will meet with City staff and finalize a schedule of milestones and deliverables. • Harris will coordinate with City staff to verify the parcels to be included in database by comparing the City of La Mesa’s customer database with the taxable parcels obtained from the County of San Diego Assessor’s Office.

Harris will coordinate with the City and the County of San Diego Assessor’s Office and other entities to obtain all information needed to provide the services requested, such as assessor’s parcel maps, assessor’s files, copies of secured tax rolls, boundary maps, budget information, historical data, etc. • Harris will work with City staff to obtain from Helix Water District the prior year’s water consumption for each customer and update our existing program and new charges for the City of La Mesa’s verification. • Harris will coordinate with City staff regarding all adjustments and corrections from prior year. Once all adjustments and corrections are complete, Harris will:
a) Give City Staff the updated information to be used in the City’s billing letters. b) Work with City staff on the text of the billing letters and get final approval from staff. c) Help with the coordination of printing and mailing of the billing letters to City of La Mesa sewer accounts. d) Finalize the roll and provide support to city staff as needed to present to City Council, including preparation of assessment list in parcel and address order for posting in the Clerk’s office for public review.
• Harris will, after confirmation of charges, submit the assessments in the required format to the San Diego County Auditor/Controller for inclusion on the property tax bills. Harris will make necessary corrections, if required, after receipt of the Exception Report from the County. • Harris will update the database to reflect those parcels that the City has provided direct billing, if the parcel is non-taxable pursuant to County Taxability Code and is subject to the levy. • Harris will provide the City customer information in an excel format. • Harris will provide support for City staff regarding taxpayer’s calls with questions, concerns or problems. Harris will work with City staff to resolve any issues including adjustments or corrections to the database.

Harris & Associates, Inc.  Proposal for Administration and Related Services for the Wastewater Utility Billing – FY 2024-25 3 of 6 On-line Public Access & City On-Line Access
Harris will provide secure access to online parcel detail that will enable the public to access data with either an Assessor’s Parcel Number (APN) or address to view the following characteristics:

Parcel Detail (SAMPLE)
Assessor’s Parcel Number: 4646403700
Address(Situs): 05430#82 BALTIMORE DR
Location as identified by Helix 33683301 (legacy acct: 90202302) Current Year Tax Bill Amount $411.90
Single Family Residential: $411.90 (Bi-monthly Rate: 68.65) Base Charge: $34.16
Water Use Charge: 3.630 per 100 CF
Average Usage: 9.5
(9.50 *3.63) + 34.16 = 68.65
Period Usage
Jan/Feb 2014 7
Mar/Apr 2014 6
Jan/Feb 2015 7
Mar/Apr 2015 6
Jan/Feb 2016 7
Mar/Apr 2016 9
Jan/Feb 2017 15
Mar/Apr 2017 13
Jan/Feb 2018 12
Mar/Apr 2018 13
Average: 9.5
The City of La Mesa public home page will need to provide a link or access to a Harris portal. Users will enter either an APN or Address as well as check an acceptance box that states:

By clicking on "I Accept", you acknowledge and accept the following statements, both as an individual and as an agency.

This data is made available through Harris’ parcel query as an added benefit of the City of La Mesa’s service to you and is intended for informational purposes only. It is intended to be used as base level information only and is not intended to replace any recorded documents or other public records, nor should it be relied upon for specific Disclosure, Parcel Data, Tax Bill data, and or Delinquency information. The information located on this site is collected from sources believed to be reliable but is not guaranteed. Harris and the City of La Mesa make no assurance about the accuracy or reliability of such information and assume no responsibility arising from its use.

No warranty of any kind is made, expressed or implied, including but not limited to, the implied warranties of merchantability and fitness for particular purpose. It is the responsibility of the recipient of this data to determine that the level of accuracy meets the need of their application prior to making any judgments or decisions based on this information.

Harris & Associates, Inc.  Proposal for Administration and Related Services for the Wastewater Utility Billing – FY 2024-25 4 of 6 Additional Agreement Requirements for On-line Access
All data provided on the Harris site will be provided by the City and various sources such as Helix Water Agency and the County of San Diego Assessor’s Office. Harris will not independently verify the veracity or accuracy of the information, nor provide any interpretation of the data. The data is intended to be used as base level information only and is not intended to replace any recorded documents or other public records, nor should it be relied upon for specific Disclosure, Parcel Data, Tax Bill data, and or Delinquency or Owner information. Harris makes no assurance about the accuracy or reliability of such information and assumes no responsibility arising from its use.

No warranty of any kind is made, expressed or implied, including but not limited to, the implied warranties of merchantability and fitness for particular purpose. It is the responsibility of the recipient of this data to determine that the level of accuracy meets their needs prior to making any judgments or decisions based on this information. • As Harris is acting only as a data host for the provided parcel detail, The City will defend and hold Harris harmless from any and all claims, costs, losses, attorney’s fees and damages related to the services provided by Harris pursuant to this Agreement, (including but not limited to, claims of violation of privacy, property damage, and HIPAA) except to the extent caused by Harris’ gross negligence or willful misconduct. • In recognition of the relative risks and benefits of the work performed under this agreement to the City and Harris, City agrees, to the fullest extent permitted by law, that any liability created by or arising out of this Agreement, for any and all claims, liabilities, losses, costs, damages of any nature whatsoever, or claims expenses from any cause or causes (including without limitation any attorneys’ fees under this Agreement), shall not exceed 3 times the fee actually paid to Harris hereunder or $20,000, whichever is less. This risk allocation will not apply to any losses or damages that have been found by a trier of fact to have been caused by Harris’ negligence or willful misconduct.

Additional As-Needed Programming Services
Additional programming may be provided on an as-needed basis based on the needs of the City. As-needed programming will be negotiated separately with the City based on the hourly rates provided in the attached fee schedule.

Harris & Associates, Inc.  Proposal for Administration and Related Services for the Wastewater Utility Billing – FY 2024-25 5 of 6

PROPOSED FEES
Harris strives to provide efficient and cost-effective services. It has been our policy to establish fair and equitable costs. As such we would like to provide you with our proposed compensation. Harris will bill the City on a quarterly basis for the work completed. Payment is expected to be made within 30 days of invoicing. Harris will provide an invoice which will include a description of work effort accomplished within the invoice period. The following fee schedule and hourly rates are valid July 1, 2024 through June 30, 2025. * Harris will provide an estimate of fees for each individual task once it has been determined by the City. Prior to beginning any programming work, Harris will negotiate additional programming services on a project by project basis using an hourly rate as provided below and will receive written authorization to proceed.

Hourly Rates
Key Personnel Hourly Rate
Any additional services outside of the agreed upon Scope of Services will be billed on a time and materials basis.

Our 2024 hourly rates are as follows.

Reimbursables
Mileage at current IRS allowable rate and parking expenses incurred by office employees are charged at cost.

Prints, messenger service, air travel, and other direct expenses will be charged at cost plus ten percent. The service of outside consultants will be charged at cost plus ten percent.

Task Total Costs
Annual Administration Fixed Fee $57,700
On-line Public Access Fixed Fee $2,300
Additional As-Needed Programming* Time and Materials N/A TOTAL $60,000
Title 2024 Hourly Rate
Vice President/Senior Consultant $300.00
Director $275.00
Project Manager $185.00
Deputy Project Manager $175.00
Senior Analyst $160.00

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: August 13, 2024
SUBJECT: RESOLUTION AUTHORIZING CONTRACT CHANGE
ORDER NO.1 FOR THE BOULEVARD DRIVE STORM
DRAIN IMPROVEMENT PROJECT, BID NO. 24-16, TO
SC VALLEY ENGINEERING, INC.

ISSUING DEPARTMENT: PUBLIC WORKS
SUMMARY:

Issues:

Should the City of La Mesa authorize Contract Change Order No. 1 in the amount of $99,394.77 for the Boulevard Drive Storm Drain Improvement Project, Bid No. 24-16 to SC Valley Engineering?
Recommendation:

Adopt the attached resolution authorizing Contract Change Order No. 1 in the amount of $99,394.77 for the Boulevard Drive Storm Drain Improvement Project, Bid No. 24-16 to SC Valley Engineering.

Fiscal Impact:

Funds for this change order will be provided from Storm Drain CIP Account 304- 4241TR.

City’s Strategic Goals:
 Invest in infrastructure to serve the needs of the community.

Report to Mayor and Councilmembers
Date: August 13, 2024
Page: 2 of 3
BACKGROUND:

On April 9, 2024, the City Council approved a resolution awarding a construction contract to SC Valley Engineering, Inc. in the amount of $6,400,470.95 for the Boulevard Drive Storm Drain Improvement Project, Bid No. 24-16.

The Boulevard Drive Storm Drain Improvement Project is currently under construction.

Improvements include the construction of a double 8-foot by 5-foot poured-in-place, reinforced concrete box and associated improvements. The project includes considerable wet and dry utility relocation in La Mesa and San Diego.

During construction, field conditions related to the lowering of Helix Water infrastructure have led to additional work that was unforeseen during design. Additionally, extremely long lead times for water line materials, such as an unexpected 30-week lead time for special valves required by Helix, have changed the order of construction, leading to additional costs.

DISCUSSION:

To address the unforeseen materials issues and field conditions, the Contractor worked on time and materials with oversight by the City contract inspector. Change Order No. 1 with the contractor is in the amount of $99,394.77 with the following changes to the scope of the contract:

Field conditions of Helix Water mains and the complicated sequence of water shutdowns needed to perform the above work required high line of water to several dozen residences and businesses prior to the shutdown sequence.

CONCLUSION:

Staff recommends that the City Council adopt the attached resolution authorizing Contract Change Order No. 1 to SC Valley Engineering in the amount of $99,394.77 including 11 additional working days to the contract duration for the Boulevard Drive Storm Drain Improvement Project, Bid No. 24-16.

Report to Mayor and Councilmembers
Date: August 13, 2024
Page: 3 of 3
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael Throne, PE
City Manager Director of Public Works
Respectfully submitted by:
____________________________
Joe Kuhn
Storm Water Program Manager
Attachments: A. Resolution
B. Contract Change Order Form

RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
AUTHORIZING CONTRACT CHANGE ORDER NO. 1 FOR THE BOULEVARD DRIVE STORM DRAIN IMPROVEMENT PROJECT BID NO. 24-16, TO SC VALLEY ENGINEERING, INC.

WHEREAS, a contract was awarded to SC Valley Engineering Inc to provide construction services for the Boulevard Drive Storm Drain Improvement Project; WHEREAS, the Contractor was required to perform out of scope work in order to manage Helix Water mains located within prior rights easements within the project area; WHEREAS, the original design and intent of handling the Helix Water mains was changed due to field conditions and an inability to obtain materials required by Helix Water District; and
WHEREAS, Administrative Instruction F-13 requires approval by the City Council for Public Works construction change orders over $25,000.

NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the Mayor is hereby authorized and instructed to execute for and on behalf of said City, Contract Change Order No. 1 with SC Valley Engineering for additional construction services in the amount of $99,394.77 for the Boulevard Drive Storm Drain Improvement Project. Said contract change order is on file in the office of the City Clerk.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of La Mesa, California, held the 13th day of August 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF THE 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. 2024- , duly passed and adopted by the City Council of said City on the 13th of August 2024, and by the vote therein recited.

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

RE Contract: Date:

P.O. No.:

The time provided for the contract is
Therefore, the revised contract time is working days, and the revised completion date is
SC Valley Engineering, Inc. 2024-

CITY OF LA MESA
CONTRACT CHANGE ORDER NO. 1
You are hereby requested to comply with the listed changes in the contract plans and specifications. Furnish to the City of La Mesa as follows:

Item No.

Change in
Contract Price
8/13/2024
242396
Detailed Description of Changes & Quantities or Scope of Work Boulevard Drive Storm Drain Improvement
Project
Bid No.: 24-16
TO: Reso. No.:
1 Highline of Neighborhood for Waterline Shutdown Capping Sequence $ 99,394.77 Total Change $ 99,394.77
ORIGINAL CONTRACT AMOUNT $ 6,400,470.95

CITY OF LA MESA
TOTAL CCO's (+ or -)
CCO's PREVIOUSLY APPROVED (+ or -)
NET CHANGE THIS CCO (+ or -)
I, THE UNDERSIGNED CONTRACTOR/CONSULTANT, have given careful consideration to the changes proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the price shown above.

Michael Throne
Director of Public Works
Mark Arapostathis
Mayor
2%
$ - % Change 0%
$ 99,394.77 % Change
SC VALLEY, ENGINEERING, INC.
10/31/2024
Samuel Wathen, President
Megan Wiegelman
City Clerk
ATTESTED BY:
$ 99,394.77 % Change 2%
$ 6,499,865.72 % Change 2%
.

APPROVAL RECOMMENDED BY: APPROVED BY:

This document shall become an amendment to the contract and all provisions for the contract will apply hereto. The contractor accepts this change order as full compensation for additional work and delay to the project caused by this change order. This change order was requested by the City/Contractor. increased by 11 working days.
131
NEW CONTRACT AMOUNT (C + B + A)

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: August 13, 2024
SUBJECT: RESOLUTION APPROVING AGREEMENT RENEWAL

FOR PLAN REVIEW SERVICES FOR BUILDING AND

FIRE PERMITS WITH BPR CONSULTING GROUP, LLC
ISSUING DEPARTMENT: FIRE
SUMMARY:

Issues:

Should the City Council renew the agreement and approve a contract for $100,000 for plan review services with BPR Consulting Group, LLC? Recommendation:

That the City Council renew the agreement and approve a contract for $100,000 for plan review services with BPR Consulting Group, LLC.

Fiscal Impact:

Funds are budgeted in the department’s operating budget, acct no. 101-64300- 223. Expenses for this service are covered through cost recovery with fees paid by applicants for private development.

City’s Strategic Goals:
 Promote a high quality of life that current and future generations can afford to call home.

Report to Mayor and Councilmembers
Date: August 13, 2024
Page: 2 of 2
BACKGROUND:

A Request for Proposals (RFP) 23-20 for plan review services for building and fire permits was published on the City’s online bid system and the award for contract was given to BPR Consulting Group, LLC beginning fiscal year 24. The contract was awarded for $50,000 towards Fire plan review services.

The contract allows for annual renewals by mutual written consent of both parties with the City Manager having sole and exclusive right to exercise any options contained in the agreement on behalf of the City.

DISCUSSION:

The Fire department is anticipating an annual expense increase beginning with their first contract extension/renewal for FY25. The vendor has proven to provide positive assistance for the department in the plan review process, and staff would like to expand on this going forward. Due to high levels of private development, the need for plan review services has increased from the first year’s projections. As a result, the Fire department is requesting to increase this contract to $100,000.

CONCLUSION:

Staff recommends that the City Council approve additional funds for the annual renewal of contract for plan review services with BPR Consulting Inc.

Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Bent Koch
City Manager Fire Chief
Attachments:

A. Agreement
B. Resolution

STANDARD AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF LA MESA AND

BPR CONSULTING GROUP, LLC

FOR PLAN REVIEW SERVICES FOR BUILDING AND FIRE PERMITS
This Agreement is entered into by City of La Mesa as of this day of , 2023, by and between the City of La Mesa, a municipal corporation, hereinafter referred to as "the City", and BPR Consulting Group, LLC, hereinafter referred to as "Contractor." WITNESSETH THAT:

WHEREAS, the City has conducted Request For Proposals (RFP) 23-20 for Plan Review Services for Building and Fire Permits;
WHEREAS, the City has adopted Resolution No. 2023- ;
WHEREAS, the City has need for professional services to perform plan review services for building and fire permits and is willing to compensate Contractor for such services; WHEREAS, the City desires to engage Contractor to render certain technical and professional services in the providing of said professional services; and WHEREAS, Contractor is qualified to provide said professional services.

NOW THEREFORE, the parties do mutually agree as follows:

SECTION 1: ENGAGEMENT OF CONTRACTOR
The City hereby agrees to engage Contractor and Contractor hereby agrees to perform the services set forth in this Agreement. This Agreement shall be for an initial term from the execution date of the Agreement through June 30, 2024 and may be renewed for an additional four one-year terms by mutual written consent of both parties. The City Manager shall have sole and exclusive right to exercise any options contained in this agreement on behalf of the City.

SECTION 2: SERVICES TO BE PERFORMED BY CONTRACTOR
Contractor shall commence performance of the Project upon execution of this Agreement by both parties. The term "Project" as used in this Agreement shall include all of the tasks and items listed and described in Exhibit "A", attached hereto and incorporated herein as part of this Agreement.

SECTION 3: KEY PROJECT PERSONNEL
Contractor agrees to provide the services of Mark Berg, CBO, MCP, ICC, Project Manager, for the full term of this contract. No substitutions will be made without prior written approval by the City. The City reserves the right to request specific qualifications for personnel substituted under this section.

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17th July

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SECTION 4: CONTRACTORS
Contractor will utilize the services of the following subcontractors during the course of this study:

None
Payment for such services shall be the responsibility of the Contractor. No substitution of proposed subcontractors shall be made without prior written approval by the City.

SECTION 5: CITY REPRESENTATION
The Fire Chief for the City of La Mesa, or its designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to this Agreement and shall administer said Agreement on behalf of the City. This person shall hereinafter be referred to as the "City's Representative."
SECTION 6: RESPONSIBILITIES OF THE CITY
The City will provide the Contractor, or cause to be provided with, the following documents, services and site information, at no charge to the Contractor.

See Exhibit “A”
SECTION 7: PERFORMANCE SCHEDULE
Both Contractor and the City recognize that time is of the essence in the completion of this work and the following schedule is dependent upon timely actions by the Contractor and the City.

Accordingly, the Contractor shall complete all of the work outlined in Exhibit "A" and described in this Agreement in accordance with the following schedule:

See Exhibit “A”
The Contractor shall not be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or failure of City to furnish timely information or to approve or disapprove Contractor's work promptly, or delay or faulty performance by City, or governmental agencies.

SECTION 8: COMPENSATION TO CONTRACTOR
Final payment of fees shall be upon delivery of approved final services. Progress payments shall be made based upon evidence that the work is progressing satisfactorily as determined by the City's Project Manager and substantiated with detailed invoices. The amount to be billed shall be based on the Contractor schedule of fees for professional services and the actual time required for each DocuSign Envelope ID: 58D6C38E-9C25-443D-BB56-D05A99443E47

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activity. The schedule of fees and estimated time for the project are as shown in Exhibit "A" attached hereto and incorporated herein as part of this Agreement.

The total fee for professional services shall be billed on a monthly basis with a total amount not to exceed Fifty Thousand ($50,000) Dollars per term of the Agreement.

SECTION 9: RECORDS
Contractor shall maintain adequate records to permit inspection audit of Contractor's time-and-material charges under this Agreement. Contractor shall make such records available to the City and to other public agencies responsible for approval, funding or auditing the project, during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records and they will be available only to the City or to public agencies involved with approval, funding or audit functions. Such records shall be maintained by the Contractor for three (3) years following completion of the work under this Agreement.

SECTION 10: METHOD OF COMPENSATION
The City shall compensate Contractor for the services performed hereunder on a monthly basis within thirty (30) calendar days of receipt of Contractor's invoice for the services performed. The Contractor shall provide documentation regarding time-and-material charges sufficient to meet normal auditing practice. Copies of the invoices for materials in excess of $500 and subcontractor charges shall be submitted with the request for periodic payment.

The City shall promptly review invoicing and notify Contractor of any objection thereto in writing within fifteen (15) days of receipt of the invoice; absent such objection the invoice shall be deemed proper and acceptable.

In the event that any undisputed invoice is not paid within thirty (30) calendar days after receipt of the invoice by the City, it shall commence bearing interest on the date that the invoice was rendered at the rate of 1% per month and the City agrees to pay all accrued interest, together with the charges for services rendered.

SECTION 11: ITEMS TO BE DELIVERED TO CITY
The following items shall be delivered by the Contractor to the City of La Mesa:

See Exhibit “A”
SECTION 12: DESIGN CHANGES OR REVISIONS
No design changes or revisions will be required and no payment therefor will be made except pursuant to the provisions of this Agreement. No extra compensation shall be paid the Contractor for revisions required by reason of omissions or errors by the Contractor in the preparation of the DocuSign Envelope ID: 58D6C38E-9C25-443D-BB56-D05A99443E47

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original document, plans, working drawings, or specifications. Changes to the scope of this Agreement shall be negotiated prior to commencement of extra work.

SECTION 13: ADDITIONAL SERVICES OUTSIDE SCOPE
Only after written authorization from the City, additional services that Contractor could provide, or cause to be provided, include the following:

A. Additional work related to the Project but not included in the Scope of Work.

B. Additional work caused by changes unrelated to the Scope of Work described herein.

Contractor will be compensated for Contractor time and direct personnel expenses as approved by the City. Payment for such additional services shall include Contractor's time at the rates shown on Exhibit "A".

SECTION 14: HOLD HARMLESS
To the furthest extent allowed by law, Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Contractor, its principals, officers, employees, agents or volunteers in the performance of this Agreement.

If Contractor should subcontract all or any portion of the services to be performed under this Agreement, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.

This section shall survive termination or expiration of this Agreement.

SECTION 15: INSURANCE
Throughout the life of this Agreement, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A:VII" in Best's Insurance Rating Guide, or (ii) authorized by the City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:

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(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability of not less than the following:
$1,000,000 per occurrence
$2,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. (iii) WORKERS' COMPENSATION insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(iv) PROFESSIONAL LIABILITY (Errors and Omissions) insurance appropriate to Contractor’s profession, with limits of liability of $2,000,000 per claim/occurrence and $2,000,000 policy aggregate.

In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

Should Contractor maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either:
(i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to City, its elected officials, officers, officials, employees, agents and volunteers: or (ii) Contractor shall provide a financial guarantee, satisfactory to City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.

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All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name City, its elected officials, officers, officials, employees, agents and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City, its elected officials, officers, officials, employees, agents and volunteers. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected officials, officers, officials, employees, agents or volunteers. The Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its elected officials, officers, officials, employees, agents and volunteers.

If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made coverage form:
(i) The retroactive date must be shown, and must be before the effective date of this Agreement or the commencement of work by Contractor.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Agreement, whichever first occurs.
(iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Agreement, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to City for review. (v) These requirements shall survive expiration or termination of the Agreement.

Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received by City and approved by City Manager or his/her designee prior to City’s execution of the DocuSign Envelope ID: 58D6C38E-9C25-443D-BB56-D05A99443E47

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Agreement and before work commences. Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.

If at any time during the life of this Agreement or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Agreement.

The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City and its elected officials, officers, officials, employees, agents and volunteers shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, employees, agents, persons under the supervision of Contractor, vendors, suppliers, invitees, Contractors, subcontractors, or anyone employed directly or indirectly by any of them.

If Contractor should subcontract all or any portion of the services to be performed under this Agreement, Contractor shall require each subcontractor to provide insurance protection in favor of City, its elected officials, officers, officials, employees, agents and volunteers in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.

SECTION 16: OWNERSHIP OF WORK
All finished or unfinished documents, studies, reports, computer files and materials prepared by Contractor and subcontractors under this Agreement shall be considered the property of the City and will be turned over to the City upon demand, but in any event, upon completion of the Project.

The Contractor shall be allowed to retain copies of documents for his permanent records, if desired.

SECTION 17: ASSIGNABILITY
Contractor shall not assign, delegate, or transfer this Agreement or any work hereunder, nor assign any monies due or to become due hereunder, except as expressly stated herein. In no event shall any contractual relation be created between any third party and the City without prior written DocuSign Envelope ID: 58D6C38E-9C25-443D-BB56-D05A99443E47

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consent of the City. A consent to one assignment shall not be deemed to be consent to any subsequent assignment.

SECTION 18: INTEGRATION; AMENDMENTS
This Agreement sets forth the entire understanding of the parties with respect to the subject matter herein. There are no other agreements, expressed or implied, oral or written, except as set forth herein. This Agreement may be amended upon written mutual consent of both parties hereto.

Amendment requiring changes in compensation shall be subject to the City's change order procedures.

SECTION 19: NOTICES
Notices and requests to the City or Contractor shall be delivered at the following addresses, either served personally on the designated representative or by U.S. Postal Service at the following addresses:

City:

Fire Chief
City of La Mesa
8054 Allison Avenue
La Mesa, CA 91942
(619) 667-1355
FAX (619) 667-1461
Contractor:

Principal-in-Charge
BPR Consulting Group, LLC
2201 Francisco Drive, #140-658
El Dorado Hills, CA 95762
(916) 562-3600
SECTION 20: DISPUTE RESOLUTION
The City shall require that all Contractors agree to submit any unresolved claims, counterclaims, disputes, controversies and other matters between them and the City or the Contractor and/or any subcontractors of any tier arising out of or relating to their agreement with the City or the breach thereof (“disputes”) first to mediation and then if not resolved, to non-binding arbitration prior to initiating suit or judicial proceeding.

If applicable – As provided in Public Contract Code section 9204, any claim filed by the Contractor on a public works project shall be reviewed by the City with 45 days and a written statement will be provided to the Contractor identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, the City and the Contractor may, by mutual agreement, extend the time period or it may be extended to allow City Council approval. The Contractor shall include reasonable documentation to support the claim. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement.

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SECTION 21: TERMINATION OF AGREEMENT FOR CAUSE OR CONVENIENCE If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Agreement, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement immediately by giving written notice to the Contractor of such termination and specifying the effective date thereof. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Contractor under this Agreement shall, at the option of the City, become its property and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder.

In addition to termination for cause, the City may terminate this Agreement for City’s convenience upon not less than fifteen (15) days written notice to Contractor. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement unless said notice provides otherwise. If this Agreement is terminated as provided in this paragraph for City’s convenience, the Contractor shall be required to provide to City all finished or unfinished documents, data, studies, services, etc., prepared by the Contractor as may be requested by City and such work shall become City’s property upon payment to Contractor for the value of the work performed, less payments of compensation previously made.

Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined.

SECTION 22: BUSINESS LICENSE
The Contractor, including all subcontractors, shall obtain a business license for work within the City of La Mesa pursuant to La Mesa Municipal Code Sections 6.08.010 through 6.08.240.

No payments shall be made to any Contractor until such business license has been obtained, and all fees paid therefor, by the Contractor and all subcontractors. Business license applications and information may be obtained from the Finance Department, City Hall, 8130 Allison Avenue, La Mesa, CA 91942-5502, (619) 667-1118 or online at cityoflamesa.us/buslic.

SECTION 23: INTEREST OF MEMBERS OF THE CITY
No member of the governing body of the City and no other officer, employee, or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the Contractor shall take appropriate steps to assure compliance.

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SECTION 24: INTEREST OF CONTRACTOR AND EMPLOYEES; STATEMENT OF

ECONOMIC INTERESTS
The Contractor covenants that he presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. City may require Contractor to complete and submit a Form 700, Statement of Economic Interests, in accordance with applicable law, to City Clerk.

SECTION 25: FACILITIES AND EQUIPMENT
Contractor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.

SECTION 26: INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement.

SECTION 27: PERS ELIGIBILITY INDEMNIFICATION
In the event that Contractor’s employee providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor’s employees providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contributions to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 28: TIME
Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement.

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SECTION 29: CONTRACTOR NOT AGENT
Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

SECTION 30: NON-DISCLOSURE
The designs, plans, reports, investigations, materials and documents prepared or acquired by the Contractor pursuant to this Agreement (including any duplicate copies kept by the Contractor) shall not be shown to any other public or private person or entity, except as authorized by the City.

The Contractor shall not disclose to any other public or private person or entity any information regarding the activities of the City except as authorized by the City.

SECTION 31: SUBCONTRACTING
None of the services covered by the Agreement shall be subcontracted without the prior consent of the City. The Contractor shall be as fully responsible to the City for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of this Agreement.

SECTION 32: CHANGES
The City may, from time to time, request changes in the Scope of Services of the Contract to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the City and the Contractor shall be incorporated to this Contract.

SECTION 33: JOB SITE SAFETY
The general or prime Contractor who is responsible for means, methods and procedures of the project shall be responsible for job site safety.

The prime contractor and all subcontractors of all tiers shall:

A. Be responsible for the safety of their respective employees as required by law.

B. Come under the jurisdiction and supervision of the general or prime contractor’s job site safety program.

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C. Exercise reasonable care to avoid risk of injury to others as required by the professional standard of care.

SECTION 34: PREVAILING WAGES FOR PUBLIC WORKS PROJECTS– IF APPLICABLE A. No professional Contractor or subcontractor subject to the requirements of State of California’s prevailing wages may be awarded a contract, or contracted with, for a public works project (submitted on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

B. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

SECTION 35: CONFLICT BETWEEN AGREEMENT AND OTHER DOCUMENTS In the event of a conflict between this Agreement and any documents incorporated by reference in this Agreement, the terms and conditions of this Agreement shall supersede those contained in any such document incorporated by reference.

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SECTION 36: DATE OF AGREEMENT
The date of this Agreement shall be the date it shall have been signed by a duly authorized representative of City.

IN WITNESS WHEREOF, City and Contractor have executed the Agreement.

BPR Consulting Group, LLC
Date: By:

Ron Beehler, SE, CBO, Principal-in-Charge

CITY OF LA MESA,
A Municipal Corporation
Date: By:

Dr. Mark Arapostathis, Mayor
Date: By:

Greg Humora, City Manager
Date: By:

Bent Koch, Fire Chief

APPROVED AS TO FORM

CITY ATTORNEY
Attachment: Exhibit A – Scope of Work and Fee Schedule
6/22/2023
6/22/2023
6/26/2023
DocuSign Envelope ID: 58D6C38E-9C25-443D-BB56-D05A99443E47 7/12/2023

Proposal to Provide
Plan Review Services for Building and Fire Permits
RFP 23-20
Prepared by:

BPR Consulting Group
316 Tejon Place
Palos Verdes Estates, CA 90274
May 1, 2023
Prepared for:

City of La Mesa
Finance Department—Purchasing
8130 Allison Avenue
La Mesa, CA 91942

EXHIBIT A
DocuSign Envelope ID: 58D6C38E-9C25-443D-BB56-D05A99443E47

CITY OF LA MESA | RFP 23-20

PROPOSAL TO PROVIDE PLAN REVIEW SERVICES FOR BUILDING AND FIRE BPR

TABLE OF CONTENTS
SECTION 1
Information Statement.................................................................................................... 1 SECTION 2
Statement of Interest ...................................................................................................... 2 SECTION 3
Statement of Approach ................................................................................................... 3 SECTION 4
Statement of Qualifications ..........................................................................................10 Firm Introduction.......................................................................................................10 Organization Chart.....................................................................................................11 Brief Biographies........................................................................................................12 Licenses & Certifications............................................................................................18 Professional Associations ..........................................................................................23 Staff Development .....................................................................................................23 SECTION 5
Cost Schedule ..................................................................................................................25 SECTION 6
Experience and References............................................................................................26 Client References .......................................................................................................26 Project Summaries.....................................................................................................27

APPENDIX
Team Resumes

EXHIBIT A
DocuSign Envelope ID: 58D6C38E-9C25-443D-BB56-D05A99443E47