Agenda — Lemon Grove City Council, April 19, 2022

City of Lemon Grove
City Council Regular Meeting Agenda
Tuesday, April 19, 2022, 6:00 p.m.

Lemon Grove Community Center
3146 School Lane, Lemon Grove, CA 91945
For everyone’s protection, all attendees must maintain a safe social distance. Face coverings are optional but strongly recommended during the meeting.

City Council
Racquel Vasquez, Mayor
Jerry Jones, Mayor Pro Tem
Jennifer Mendoza, Councilmember
Liana LeBaron, Councilmember
George Gastil, Councilmember
A complete agenda packet is available for review on the City’s website The City Council also sits as the Lemon Grove Housing Authority, Lemon Grove Sanitation District Board, Lemon Grove Roadway Lighting District Board, and Lemon Grove Successor Agency
Call to Order
Pledge of Allegiance
Changes to the Agenda
Public Comment
Digitally submitted public comments received by the City Clerk at [email protected] will not be read out-loud during the meeting. However, they will be provided to the City Council and remain part of the meeting’s records. Per the Lemon Grove Municipal Code Section 2.14.150, live comments are allotted a maximum of three (3) minutes.

Consent Calendar
(Note: The items listed on the Consent Calendar will be enacted in one motion unless removed from the Consent Calendar by Council, staff, or the public.)

1.A Waive Full Text Reading of All Ordinances on the Agenda Reference: Kristen Steinke, City Attorney
Recommendation: Waive the full text reading of all ordinances included in this agenda; Ordinances shall be introduced and adopted by title only.

1.B City of Lemon Grove Payment Demands
Reference: Joseph Ware, Finance Director
Recommendation: Ratify Demands

1.C Approval of City Council Meeting Minutes
Reference: Audrey Malone, City Clerk
Recommendation: Approval of City Council Meeting Minutes, meetings of December 21, 2021, January 18, 2022 and February 1, 2022.

City of Lemon Grove City Council Meeting April 19, 2022

1.D Accept the McKnight Drive Drainage Project as Complete (Contract No. 2021- 12)
Reference: Ed Walton, Contract City Engineer
Recommendation: Adopt a resolution accepting the McKnight Drive Drainage Project as Compalete.

Public Hearing(s):

2. Minor Use Permit No. MUP-210-0002 Car Wash Appeal
Reference: Bill Chopyk, Interim Community Development Manager Recommendation: Hold a public hearing, make findings under LGMC 17.28.052, and adopt a resolution either granting the appeal (which would deny the project) or denying the appeal (which would approve the project).

3. Public Hearing to Consider Conditional Use Permit Application CUP-200-0001, A Request to Establish a Medical Marijuana Dispensary at 8280 Broadway in the Heavy Commercial Zone
Reference: Bill Chopyk, Interim Community Development Manager Recommendation: 1) Conduct the public hearing; 2) Receive Public Comment; and 3) Adopt a Resolution conditionally approving Conditional Use Permit CUP-200- 0001, to establish a medical marijuana dispensary (MMD) at 8280 Broadway in the Heavy Commercial (HC) Zone pursuant to Municipal Code Chapter 17.32.

Report(s) to Council:

4. Five-Year Agreement with the County of San Diego and the San Diego County Sheriff
Reference: Lydia Romero, City Manager
Recommendation: Adopt resolution approving a five-year agreement with the County of San Diego (County) and the San Diego Sheriff for law enforcement services.

City Council Reports on Meetings Attended at the Expense of the City (GC 53232.3 (d)) (53232.3. (d) states that members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.) City Manager Report
Continued Item from April 5, 2022 City Council Meeting
Closed Session:
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code § 54956.9(a) Name of Case: Project for Open Government vs. City of Lemon Grove; and Does 1 through 100 Case No.: 37-2022-00010862-CU-MC-CTL) City of Lemon Grove City Council Meeting April 19, 2022 Adjournment

AFFIDAVIT OF NOTIFICATION AND POSTING

STATE OF CALIFORNIA )

COUNTY OF SAN DIEGO ) SS

CITY OF LEMON GROVE )
I, Audrey Malone, City Clerk of the City of Lemon Grove, hereby declare under penalty of perjury that a copy of the above Agenda of the Regular Meeting of the City Council of the City of Lemon Grove, California, was delivered and/or notice by email not less than 72 hours, before the hour of 6:00 p.m. on April 14, 2022 to the members of the governing agency, and caused the agenda to be posted on the City’s website at www.lemongrove.ca.gov and at Lemon Grove City Hall, 3232 Main Street Lemon Grove, CA 91945.
/s/: Audrey Malone
Audrey Malone, City Clerk
In compliance with the Americans with Disabilities Act (ADA), the City of Lemon Grove will provide special accommodations for persons who require assistance to access, attend and/or participate in meetings of the City Council. If you require such assistance, please contact the City Clerk at (619) 825-3800 or email [email protected]. A full agenda is available for public review at City Hall.

City of Lemon Grove City Council Meeting April 19, 2022 Priority Category Budget Impact
Target
Completion
Dates
$75,000 Winter 22
$0 (Staff time) Summer 21
Up to $250,000 per year
dedicated to 0-25 PCI streets Ongoing
$0 (Staff time twice per week
currently) More personnel
could accommodate a higher
frequency.

Ongoing
Summer 21
$0 with payments by
participants. If we increase the
bulk item drop off, conceivably
it could also pay for itself.

Ongoing
$75,000 (high estimate for a
contractor to walk the streets,
assessment and quantity
sidewalks then prepare a report
of our current conditions and
assess how to get to the next
better walkability model)
Summer/Fall 21
Winter 21
Ongoing
Staff to bring to
Council to consider as
part of the regional
discussions
Continue to participate in regional meetings, especially with the East County cities exploring regional solutions $0 Ongoing Grant funded Ongoing
$35,000 - $45,000 Summer 21
Unknown at this time Summer 21
$5,000 to $7,000 Summer 21
$0 Ongoing
Ongoing
Ongoing
Ongoing
$35,000 est, Staff to bring a plan
for Council to consider
Ongoing
$50,000 Fall/Winter 21/22
Fall/Winter 21/22
$90,000-$100,000 Summer 21
Ongoing
Summer/Fall 21

ORGANIZATIONAL
DEVELOPMENT Summer 21
Lemon Grove City Council Priorities FY 21-22
Prepare City-Wide Sidewalk Master Plan
Strategy

PUBLIC STREETS &

SIDEWALKS
Priority: Increase Street Repair and Maintenance
Update Pavement Management Program
Schedule Street Maintenance / Repair Workshop
Evaluate and treat residential neighborhood streets in poor condition Priority: Focus on City Beautification and Attractiveness Efforts Continue to address trash and cleanliness issues citywide Identify trash incentive opportunities
Continue yearly bulk item and recycling drop off events Priority: Focus on Sidewalk Repair and Connections
Priority: Emphasis on Neighborhood Traffic Safety
Expand Neighborhood Safety Programs to facilitate traffic control devices and traffic calming

HOMELESSNESS
Priority: Focus on Homeless Solutions
Continue to participate in regional meetings, especially in the East County Homeless Task Force (ECHTF) Consider recommendations from the ECHTF
Unknown. The cost to maintain
a regional low barrier shelter is
currently being explored. It is
heavily dependent on the
County to put forth the initial
capital cost to build and the east
county cities would contribute
to annual maintenance costs
and cost for a contractor (nonprofit) to manage.
1) Increase year round beds
2) Increase permanent supportive housing
3) Sustain the ECHTF with funds
Continue HomeStart Program for homeless outreach

COMMUNITY LIFE
Priority: Examine Increasing Community Events
Create a PIO position - part time
Increase communication with residents on City programs using current city platforms Bring City Newsletter (The Zest) back
Priority: Increase Public Art
Explore partnership with local community groups for a City parade and other community events Ongoing Priority: Increase City Communication Efforts
Priority: Increase Economic Development Activity
Create Economic Development Plan
Priority: Create a Budget Review Committee
Encourage the development of public art
Priority: Increase Park and Open Space
Work with community group for additional community gardens Partner with School District to explore community use of school fields - Expand current joint use agreement Priority: Conduct Facilited Team Building for the City Council Utilize Community Advisory Commission as a budget review committee

PUBLIC SAFETY /

LAW ENFORCEMENT
Priority: Address Traffic and Speeding by Law Enforcement Explore adding a part-time traffic deputy
Work with Sheriff's to address street racing
Evaluate Animal Control contract for other service options Explore additional Park and/or any open space

DIVERSIFY CITY

REVENUE &

ECONOMIC

DEVELOPMENT
Priority: Explore Diversification of New Revenue
Explore Sales Tax (TUT) Measure
Explore more grant opportunities
CITY COUNCIL FY 2021-2022 PRIORITIES

CITY OF LEMON GROVE

CITY COUNCIL

STAFF REPORT
Item No. 1.A
Meeting Date: April 19, 2022
Submitted to: Honorable Mayor and Members of the City Council Department: City Manager’s Office
Staff Contact: Kristen Steinke, City Attorney
Item Title: Waive the Full Text Reading of all Ordinances Summary: Waive the full text reading of all ordinances included in this agenda.

Ordinances shall be introduced and adopted by title only.

Environmental Review:

Not subject to review Negative Declaration
Categorical Exemption, Section Mitigated Negative Declaration Fiscal Impact: None.

Public Notification: None.

CITY OF LEMON GROVE

CITY COUNCIL

STAFF REPORT
Item No. 1.B
Meeting Date: April 19, 2022
Submitted to: Honorable Mayor and Members of the City Council Department: City Manager’s Office
Staff Contact: Joseph Ware, Finance Manager;
[email protected]
Item Title: City of Lemon Grove Payment Demands
Recommended Action: Ratify Demands.

Environmental Review:

Not subject to review Negative Declaration
Categorical Exemption, Section Mitigated Negative Declaration Fiscal Impact: None.

Public Notification: None.

City of Lemon Grove Demands Summary
Approved as Submitted:

Joseph Ware, Finance Manager ACH/AP Checks 03/25/22-04/07/22 524,274.70 For Council Meeting: 04/19/22
Payroll - 04/05/22 130,109.36
Total Demands 654,384.06
CHECK NO INVOICE NO VENDOR NAME CHECK DATE Description INVOICE AMOUNT CHECK
AMOUNT
ACH 32522 Sedgwick Claims Management Services, Inc. 03/25/2022 Workers Comp Settlement 52,000.00 52,000.00 ACH Mar9-Mar22 22 Calpers Supplemental Income 457 Plan 03/25/2022 457 Plan 3/9/22-3/22/22 8,053.33 8,053.33 ACH Mar22 22 US Treasury 03/29/2022 Federal Taxes 3/22/22 22,183.34 22,183.34 ACH Mar22 Wage Works 03/31/2022 FSA Reimbursement - Mar'22 2,649.80 2,649.80 ACH Mar22 Sedgwick Claims Management Services, Inc. 04/04/2022 CLG Workers Comp Claims - Mar'22 3,517.95 3,517.95 ACH Apr05 22 Employment Development Department 04/06/2022 State Taxes 4/5/22 7,872.51 7,872.51 ACH 1347485 Wells Fargo 04/06/2022 APA - Membership/Carrasco 275.00 3,508.05 1/23/22-2/22/22 AT&T - Backup City Hall Internet- 1/23/22-2/22/22 85.60 2/23/22-3/22/22 AT&T - Backup City Hall Internet- 2/23/22-3/22/22 85.60 82119501 Corelogic - Realquest Graphics Package - Jan22 300.00 2/11/2022 Cox - Calsense Modem Line: 2259 Washington 2/11/22-3/10/22 26.87 2/1/2022 Cox - Calsense Modem Line: 7071 Mt Vernon/Berry St Pk 2/1/22-2/28/22 27.32 2/11/2022 Cox - Calsense Modem Line: 8235 Mt Vernon/Berry St Pk 2/9/22-3/8/22 80.39 2/19/2022 Cox - Phone/PW Yard/2873 Skyline- 2/19/22-3/18/22 212.02 2/1/2022 Cox - Phone/City Hall 2/1/22-2/28/22 829.44
1/30/2022 Cox - Internet/Comm Ctr- 1/30/22-2/28/22 110.39 2/18/2022 Cox - Copy Room Fax Line- 2/18/22-3/17/22 4.12 2/1/2022 Cox - MainPhone/Fire 2/1/22-2/28/22 479.14
1/28/2022 Cox - City Hall Fire Alarm 1/27/22-2/26/22 91.76 2/7/2022 Cox - PEG Circuit Svc- 2/7/22-3/6/22 159.80
2/4/2022 Cox - Phone/Internet/Rec Ctr/3131 School Ln- 2/4/22-3/3/22 338.74 8000876464 Shredit - Shredding Service 1/20/22 88.83
9898722233 Verizon - Modems - Cardiac Monitors - 1/4/22-2/3/22 42.22 9899435508 Verizon - City Phone Charges- 1/13/22-2/12/22 189.44 9899435509 Verizon - PW Tablets- 1/13/22-2/12/22 141.36 Fire-9899980008 Verizon - MDC Engine Tablets- 1/21/22-2/20/22 351.96 CB 031322 Wells Fargo - Cash Back Award Stmt 3/13/22 -246.94 REF 020722 Refund/Wells Fargo - Charge/Bank Fee -39.00
REF 021022 Refund/Wells Fargo - Charge/Bank Fee -126.01 ACH 13038212 LEAF 04/07/2022 Ricoh C3502 Copier System-PW Yard - Mar'22 138.27 138.27 ACH Refill 4/6/22 Pitney Bowes Global Financial Services LLC 04/07/2022 Postage Usage 4/6/22 250.00 250.00 ACH 701957 Aflac 04/07/2022 AFLAC Insurance 4/6/22 1,803.86 1,803.86 ACH Apr 2022 Pers Health 04/07/2022 Pers Health Insurance - Apr22 48,417.42 48,417.42 ACH Mar23-Apr5 22 Calpers Supplemental Income 457 Plan 04/07/2022 457 Plan 3/23/22-4/5/22 8,045.57 8,045.57 15539 AbsolutelyElect Absolutely Electric Inc 03/30/2022 Refund/Absolutely Electric Inc/Incorrect Plan Check Fee B22-0042 734.18 734.18 15540 7421 Aguirre & Associates 03/30/2022 Canton/Drexel Dedication - Nov'21 367.50 1,180.00 7492 0 Bonita St TM0-000-065 Map Check - Jan'22 540.00
7525 Lemon Ave St Dedication - Feb'22 272.50
15541 01-6248804 AppleOne Employment Services 03/30/2022 Temp Replacement/Exec Asst 3/14-3/19/22 870.57 870.57 15542 12067923 Aztec Fire & Safety, Inc. 03/30/2022 Annual Svc & Inspection/Portable Fire Ext/Fire Alarm Sys/CommCtr 1,256.22 1,256.22 15543 282082 Feb22 Burke, William, & Sorensen, LLP 03/30/2022 08250-0001 General Feb'22 14,906.80 24,803.70 282083 Feb22 08250-0002 Code Enf Feb'22 66.40
282084 Feb22 08250-0003 Feb'22 49.80
282087 Feb22 08250-0008 Feb'22 6,493.90
282088 Feb22 08250-0010 Feb'22 182.60
282089 Feb22 08250-0011 Feb'22 49.80
282090 Feb22 08250-0012.001 Feb'22 547.80
282091 Feb22 08250-0012.002 Feb'22 99.60
282092 Feb22 08250-0002.001 Feb'22 249.00
282093 Feb22 08250-0011.002 Feb'22 1,112.20
282094 Feb22 08250-0011.003 Feb'22 1,045.80
15544 0000016100 City of El Cajon 03/30/2022 HFTA Fees - QTR 3 FY21/22 4,306.00 4,306.00 15545 2812 Clark Telecom & Electric Inc. 03/30/2022 Street Light Dig-Alert Markouts- Sep'21 1,693.90 17,996.95 2817 Street Light Repairs- Sep'21 2,119.27
2871 Street Light Dig-Alert Markouts- Nov'21 636.31
2898 Street Light Repairs- Oct'21 5,034.88
2915 Street Light Dig-Alert Markouts- Jan'22 524.44
2916 Street Light Repairs- Jan'22 7,988.15
15546 3537 Complete Paperless Solutions, LLC 03/30/2022 Laserfiche Annual Renewal - FY23 3,630.00 3,630.00 15547 7027 D- Max Engineering Inc 03/30/2022 7946 Broadway Kelvin Inspections 12/1/21-12/31/21 175.42 11,272.75 7072 7946 Broadway Kelvin Inspections 1/1/22-1/31/22 303.43 7113 6694 San Miguel Review 2/24/22-3/7/22 804.00
7121 7946 Broadway Kelvin Inspections 2/1/22-2/28/22 390.78 7122 8016 Broadway Inspections 2/1/22-2/28/22 219.51
7128 Vista Azul Inspections 2/1/22-2/28/22 467.78
7139 D-Max Stormwater Prof Svcs 2/1/22-2/28/22 8,911.83 15548 0122.02.1014 Dexter Wilson Engineering, Inc. 03/30/2022 Rate Study Assistance- Jan'22 585.00 585.00 15549 3/21-24/22 Esgil Corporation 03/30/2022 75% Building Fees- 3/21/22-3/24/22 7,167.67 7,167.67 15550 Mar-22 Fidelity Security Life Insurance Company 03/30/2022 Vision Insurance -Mar22 259.87 259.87 15551 9237972857 Grainger Inc 03/30/2022 Exhaust Fan Motor/Restroom - City Hall 146.63 146.63 15552 AR012001 Grossmont Union High School District 03/30/2022 Business Cards 25.50 25.50 15553 HS-5607-0015 Home Start, Inc. 03/30/2022 LG Homeless Outreach - Feb'22 8,603.32 8,603.32 15554 202202 Lemon Grove Car Wash, Inc. 03/30/2022 Oil Change - LGPW#07 '14 Ford F550 Patch Truck - 2/23/22 71.86 71.86 15555 2587 Prestige Doors Inc 03/30/2022 Repair Exit Doors/Replace Exit Device Lever - Rec Ctr Gym 904.91 904.91 15556 154830PS SCA of CA, LLC 03/30/2022 Street Sweeping/Parking Lot - Jan'22 6,428.55 12,857.10 154958PS Street Sweeping/Parking Lot - Feb'22 6,428.55
15557 Pr#300000471644 SDG&E 03/30/2022 City Pedestal Relocation Fee - 8119 Broadway/Proj 300000471644 840.00 840.00 15558 5088 Spring Valley Lawn Mower Shop 03/30/2022 Face Safety Cover/Trimmer Line/Rewind Spring - PW/Streets 89.22 89.22 15559 13233 T-Man Traffic Supply 03/30/2022 Sign Supplies - Streets 104.55 104.55 15560 220220391 Underground Service Alert/SC 03/30/2022 51 New Ticket Charges 94.15 94.15 15561 STMT 2/22/2022 US Bank Corporate Payment Systems 03/30/2022 Batteries/Tire Cleaner/Stove Replacement Parts 422.12 2,377.10 STMT 2/22/2022 Station Supplies 147.12
STMT 2/22/2022 Job Posting/Comm Dev Mgr 467.78
STMT 2/22/2022 Credit/Lodging/PARMA Conf/James - 2/27/22-3/2/22 -279.63 STMT 2/22/2022 Hold Down Kit/Reflector Tape - LGPW#29 '06 Dump Truck 85.77 STMT 2/22/2022 Lodging/Meals/Park & Rec Conf/Gonzalez & Torres 2/10/22-2/11/22 166.46 STMT 2/22/2022 Nitrile Gloves 75.40
STMT 2/22/2022 Fuel 115.03
STMT 2/22/2022 Replace Toilet Pressure Tank/Restroom - Courtyard 192.49 STMT 2/22/2022 IIMC Membership/Malone 215.00
STMT 2/22/2022 Zoom Subscription - Online Mtgs 93.99
STMT 2/22/2022 City Clerk Training 100.00
STMT 2/22/2022 Virtual Time App - City Mtgs 19.99
STMT 2/22/2022 Oil Change/Adjust Valves/Spark Plugs - LGPW#32 GapVax 490.93 STMT 2/22/2022 Diesel Exhaust Fluid 64.65
15562 01-6252801 AppleOne Employment Services 04/06/2022 Temp Replacement/Exec Asst 3/20/22-3/26/22 665.73 665.73 15563 17944439 AT&T 04/06/2022 Fire Backup Phone Line- 2/22/22-3/21/22 43.44 43.44 15564 5656917076 AutoZone, Inc. 04/06/2022 Steering Wheel Covers - PW Fleet Supply 31.55 31.55 15565 14421 Balestreri, Potocki & Holmes 04/06/2022 Legal Svcs: File 1019-224 - thru 2/28/22 1,360.50 1,360.50 15566 Apr2022 Benefit Coordinators Corporation (BCC) 04/06/2022 LTD Insurance - Apr'22 639.68 1,190.48 Life Insurance - Apr'22 550.80
15567 1000324558 City of San Diego 04/06/2022 Fuel Services-PW: Feb'22 2,654.44 7,504.97 1000325208 Fuel Services-PW: Jan'22 Supplemental 44.28
1000326800 Fuel Services-PW: Mar'22 4,806.25
15568 0488825 Conway Shield 04/06/2022 Helmet Shields 106.48 106.48 15569 Att:MarlaGraham County of Orange - Sheriff's Department 04/06/2022 Bicycle Patrol Training Course/Sheriff 2nd Regis-3/30/22-4/1/22 55.00 55.00 15570 2022029797 DOI/BLM 04/06/2022 Incident Response Pocket Guide/Interagency Stds for Fire & FireAv 148.15 148.15 15571 0322229905 Domestic Uniform Rental 04/06/2022 Shop Towels & Safety Mats 3/22/22 41.00 41.00 15572 3/28-31/22 Esgil Corporation 04/06/2022 75% Building Fees- 3/28/22-3/31/22 5,590.94 5,590.94 15573 SS000226829 Hawthorne Machinery Co 04/06/2022 Equip Repair - CAT Skidsteer- Repair Fuel System 1,211.79 1,211.79 15574 4/5/22 ICMA 04/06/2022 ICMA Deferred Compensation Pay Period Ending 4/5/22 780.77 780.77 15575 1127 On Duty Health, PLLC 04/06/2022 Standard NFPA-1582 Annual Firefighter Fitness Assessmts 10,501.00 10,501.00 15576 10438-02 PAL General Engineering, Inc. 04/06/2022 FY21 Street Rehab Proj #2021-15 2/21/22-3/23/22 196,657.69 196,657.69 15577 PD-50626 Plumbers Depot Inc 04/06/2022 Sewer Camera- Replace Accupoint Locator/Nozzle 2,949.12 2,949.12 15578 22401098 Public Risk Innovation Solutions & Management 04/06/2022 Employee Assistance Program - Apr-Jun 22 304.50 304.50 15579 INV00049002 RapidScale Inc. 04/06/2022 Virtual Hosting/Back Up Svc/Cloud Storage/Svr 3/31/22-4/29/22 4,385.78 4,385.78 15580 3/23/2022 SDG&E 04/06/2022 3225 Olive- 2/23/22-3/23/22 168.68 25,733.87 3/23/2022 3500 1/2 Main- 2/23/22-3/23/22 188.62
3/23/2022 3601 1/2 LGA-2/23/22-3/23/22 43.21
Feb22 Gas & Electric 1/22/22-2/22/22 25,333.36
15581 117497803-001 SiteOne Landscape Supply, LLC 04/06/2022 Straw Wattle Roll & Stakes 367.52 367.52 15582 123973058-0001 Sunbelt Rentals Inc. 04/06/2022 Propane 11.31 11.31 15583 37054 Superior Smog and Tune LLC 04/06/2022 Smog Test - LGPW#01 '12 Ford F350 Dump Truck 61.75 665.74 38504 Replace EGR Sensor/Fuel Filter/Smog Test- LGPW#17 '99 Ford F350 603.99 15584 13046 T-Man Traffic Supply 04/06/2022 Speed Limit Signs/Crosswalk Signs/Sign Supplies - Streets 2,145.04 2,315.50 13235 No Left Turn Signs - Streets 170.46
15585 CINV-018763 Trusaic 04/06/2022 2022 ACA Basic Plus Svcs - Initial Deposit 1,500.00 1,500.00 15586 394599100010 USI Education and Government Sales 04/06/2022 Laminate Pouches for Regulatory Licenses 21.54 21.54 15587 73197766 Vulcan Materials Company 04/06/2022 Asphalt/SS1H 4.5 Gallon Bucket 210.76 210.76 15588 80778379 Waxie Sanitary Supply 04/06/2022 Janitorial Supplies 1,302.22 1,302.22 524,274.70 524,274.70

CITY OF LEMON GROVE

CITY COUNCIL

STAFF REPORT
Item No. 1.C
Meeting Date: April 19, 2022
Submitted to: Honorable Mayor and Members of the City Council Department: City Manager’s Office
Staff Contact: Audrey Malone, City Clerk;
[email protected]
Item Title: Approval of City Council Meeting Minutes
Recommended Action: Approval of City Council Meeting Minutes, meetings of December 21, 2021, January 18, 2022 and February 1, 2022.

Environmental Review:

Not subject to review Negative Declaration
Categorical Exemption, Section Mitigated Negative Declaration Fiscal Impact: None.

Public Notification: None.

MINUTES OF THE REGULAR MEETING

OF THE LEMON GROVE CITY COUNCIL
Lemon Grove Community Center
3146 School Lane, Lemon Grove, CA 91945
TUESDAY, DECEMBER 21, 2021 at 6 PM
The City Council also sits as the Lemon Grove Housing Authority, Lemon Grove Sanitation District Board, Lemon Grove Roadway Lighting District Board, and Lemon Grove Successor Agency.

Call To Order:

Mayor Vasquez called the Regular City Council Meeting to order at 5:05 pm

Present:

Mayor Racquel Vasquez, Mayor Pro Tem Jerry Jones, Councilmember Jennifer Mendoza (arrives at 5:13 pm), Councilmember Liana LeBaron, and Councilmember George Gastil

Absent: None.

Staff Members Present:

Lydia Romero, City Manager, Kristen Steinke, City Attorney, Mike James, Assistant City Manager/Public Works Director, Noah Alvey, Community Development Manager, Steve Swaney, Fire Chief, Patrick McEvoy, San Diego Sheriff’s Lieutenant, and Audrey Malone, City Clerk.

Pledge of Allegiance:

Led by Councilmember Gastil.

Changes to the Agenda:

None.

Closed Session:
a. Conference with Legal Counsel – Anticipated Litigation Per Complaint Submitted Against City/Contract Employee(s) (Government Code Section 54956.9(d)(2)) Mike James, Assistant City Manager / Public Works Director adjourns meeting into closed session at 5:10 pm.

Councilmember LeBaron, City Manager, Lydia Romero and Kristen Steinke, City Attorney are recused from closed session.

Meeting is reconvened at 5:54 pm, Mr. James advises that there is not reportable action.

Mayor Vasquez calls a recess at 5:54 pm, meeting is reconvened at 6:02 pm.

Public Comment:

Email Submitted:
• Becky Rapp
In-Person:
• Richard Gold
• John Wood
• Nghia Nguyen
• Mary
• Penny Martinez
• Jessyka Heredia
City of Lemon Grove Minutes December 21, 2021
2 • Roslinda Legge
• Shawn Farson
• Tanya Harris
• Chris Williams
Mayor Vasquez calls a recess at 6:32 pm, meeting is reconvened at 6:42 pm.

Consent Calendar:

1.A Waive Full Text Reading of All Ordinances on the Agenda

1.B City of Lemon Grove Payment Demands

1.C Recognized Obligation Payment Schedule July 1, 2022 – June 30, 2023

1.D National Prescription Opioid Litigation Settlement (USDC Case No. 1:17-CV-2804) Action: Motion by Mayor Pro Tem Jones, second by Councilmember Mendoza to approve the Consent Calendar Items 1.A – 1.D.

The motion passed by the following vote:

Ayes: Vasquez, Jones, Mendoza, Gastil.

Noes: LeBaron.

Report(s) to Council:

2. Award an Agreement for the Five-Year Sanitation District Rate Study (Contract No. 2021-18) to Harris & Associates, Inc.

Reported presented by Mike James, Assitant City Manager / Public Works Director.

Public Comment:

Email Submitted: None.

In-Person: None.

Mayor Vasquez calls a recess at 7:09 pm, meeting is reconvened at 7:19 pm.

Motion: Adopt a resolution awarding an agreement with Harris & Associates to perform the Five-Year Sanitation District Rate Study (Contract No. 2021-18).

Action: Motioned by Mayor Pro Tem Jones and second by Councilmember Gastil.

The motion passed by the following roll call vote:

Ayes: Vasquez, Jones, Mendoza, Gastil.

Noes: LeBaron.

3. Second Amended Employment Agreement - City Manager
Report presented by Kristen Steinke, City Attorney.

Public Comment:

Email Submitted: None.

In-Person:
• Penny Martinez
• Jessyka Heredia
Mayor Vasquez calls a recess at 7:45 pm, meeting is reconvened at 7:55 pm.

City of Lemon Grove Minutes December 21, 2021
3 Motion: Adopt a resolution authorizing the Mayor to sign Second Amended Employment Agreement with City Manager Lydia Romero.

Action: Motioned by Mayor Pro Tem Jones and second by Councilmember Mendoza.

The motion passed by the following roll call vote:

Ayes: Vasquez, Jones, Mendoza, Gastil.

Noes: LeBaron.

4. Mayor Pro Tem Rotation for Calendar
Report presented by Lydia Romero, City Manager.

Public Comment:

Email Submitted: None.

In-Person: None.

Motion: Approve Mayor Pro Tem Jerry Jones to continue serving as Mayor Pro Tem for the period of December 21, 2021 through December 20, 2022.

Action: Motioned by Councilmember Gastil and second by Councilmember Mendoza.

The motion passed by the following roll call vote:

Ayes: Vasquez, Jones, Mendoza, Gastil.

Noes: LeBaron.

Mayor Vasquez calls a recess at 8:04 pm, meeting is reconvened at 8:12 pm.

Mayor Pro Tem Jones exits at 8:13pm.

Adjournment:

After reconvening the meeting, Mayor Vasquez adjourns the meeting due to continued meeting disruptions at 8:17 pm.

Audrey Malone
City Clerk

MINUTES OF THE REGULAR MEETING

OF THE LEMON GROVE CITY COUNCIL
Lemon Grove Community Center
3146 School Lane, Lemon Grove, CA 91945
TUESDAY, January 18, 2022 at 6 PM
The City Council also sits as the Lemon Grove Housing Authority, Lemon Grove Sanitation District Board, Lemon Grove Roadway Lighting District Board, and Lemon Grove Successor Agency.

Call To Order:

Mayor Vasquez called the Regular City Council Meeting to order at 6:05 pm

Present:

Mayor Racquel Vasquez, Mayor Pro Tem Jerry Jones, Councilmember Jennifer Mendoza, Councilmember Liana LeBaron, and Councilmember George Gastil (arrives at 6:42 pm).

Absent: None.

Staff Members Present:

Lydia Romero, City Manager, Kristen Steinke, City Attorney, Mike James, Assistant City Manager/Public Works Director, Steve Swaney, Fire Chief, Patrick McEvoy, San Diego Sheriff’s Lieutenant, and Audrey Malone, City Clerk.

Pledge of Allegiance:

Led by Mayor Pro Tem Jones.

Changes to the Agenda:

None.

Public Comment:

Email Submitted:
• Barbara Gordon
• Diane Grace
• Judi Strang
• Kelly McCormick
In-Person:
• Teresa Rosiak-Proffit
• Tanya Harris
• Chris Williams
• Sergio Padilla
• Mic Thomas
• Jacquelyn Clark
• Paul Fine
• Jessyka Heredia
• John Wood
• Sarah Ditges
• Tim Lewis
Mayor Vasquez calls a recess at 6:22 pm, meeting is reconvened at 6:27pm.

Mayor Vasquez calls a second recess at 6:37 pm, meeting is reconvened at 6:43pm.

City of Lemon Grove Minutes January 18, 2022
2 Consent Calendar:

1.A Waive Full Text Reading of All Ordinances on the Agenda

1.B City of Lemon Grove Payment Demands

1.C Accept the Public Works Yard Wall Replacement Project as Complete (Contract No. 2021-20)

1.D Accept the Berry Street Park Walking Path Extension Project as Complete (Contract No. 2021-21)
Action: Motion by Mayor Pro Tem Jones, second by Councilmember Mendoza to approve the Consent Calendar Items 1.A – 1.D.

The motion passed by the following vote:

Ayes: Vasquez, Jones, Mendoza, Gastil.

Noes: LeBaron.

Report(s) to Council:

2. Approve a Memorandum of Understanding with San Diego Metropolitan Transit System for Bus Shelter and Bench Advertising
Report presented by Mike James, Assitant City Manager / Public Works Director.

Public Comment:

Email Submitted:
• Jeremy Ogul
In-Person:
• Jacquelyn Clark
• Jessyka Heredia
• John Wood
Motion: Adopt a resolution approving a memorandum of understanding with San Diego Metropolitan Transit System for Bus Shelter and Bench Advertising.

Action: Motioned by Mayor Pro Tem Jones and second by Councilmember Gastil.

The motion passed by the following roll call vote:

Ayes: Vasquez, Jones, Mendoza, Gastil.

Noes: LeBaron.

3. Award an Agreement with Rick Engineering Company to Design the Fiscal Year 2020-2021 and Fiscal Year 2021-2022 Sewer Replacement and Maintenance Project (Contract No. 2021- 24)
Report presented by Mike James, Assitant City Manager / Public Works Director.

Public Comment:

Email Submitted: None.

In-Person:
• Penny Martinez
• Jessyka Heredia
Mayor Vasquez calls a recess at 8:03 pm, meeting is reconvened at 8:10 pm.

City of Lemon Grove Minutes January 18, 2022
3 Motion: Adopt a resolution awarding an agreement with Rick Engineering Company to design the Fiscal Year 2020-2021 and Fiscal Year 2021-2022 Sewer Replacement and Maintenance Project (Contract No. 2021-24).

Action: Motioned by Mayor Pro Tem Jones and second by Councilmember Mendoza.

The motion passed by the following roll call vote:

Ayes: Vasquez, Jones, Mendoza, Gastil.

Noes: LeBaron.

4. Appointment of City Council Member to Committees, Commissions, and Boards Report presented by Mayor Racquel Vasquez.

Public Comment:

Email Submitted: None.

In-Person: None.

Motion: Ratify the Mayor’s Committees, Commissions and Boards assignments for City Council Members.

Action: Motioned by Councilmember Gastil and second by Councilmember Mendoza.

The motion passed by the following roll call vote:

Ayes: Vasquez, Jones, Mendoza, Gastil.

Noes: LeBaron.

City Council Reports on Meetings Attended at the Expense of the City Councilmember Mendoza:
• DRI Consulting Team Building Meeting
• SANDAG Transportation Committee Meeting
• LG Clergy Association Meeting
• Heartland Fire Training Authority Meeting
• LG Food Distribution
Councilmember LeBaron:
• LG Toy Drive
• LG Lion’s Club Clean-up
Councilmember Gastil:
• SANDAG Committee Meeting
Mayor Pro Tem Jones:
• DRI Consulting Team Building Meeting
Mayor Vasquez:
• CAL-OES Meeting
• SANDAG Executive Committee Meeting
• SANDAG Board of Directors Meeting
• League of California African American CAUCUS Meeting
• LG Food Distribution
City of Lemon Grove Minutes January 18, 2022
4 • Meeting with Director of SANDAG
City Manager Report: No Report.

Closed Session:
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code § 54956.9(a) Name of Case: City of Lemon Grove v. NV5, Inc. et al. (SDSC Case No.: 37-2020- 00022512-CU-CO-CTL)
Kristen Steinke, City Attorney, adjourns meeting into closed session at 9:48 pm.

Mrs. Steinke reconvenes meeting from closed session at 10:33 pm with no reportable action.

Adjournment:

There being no further business to come before the Council Mayor Vasquez adjourns the meeting at 10:33 pm.

Audrey Malone
City Clerk

MINUTES OF THE REGULAR MEETING

OF THE LEMON GROVE CITY COUNCIL
Lemon Grove Community Center
3146 School Lane, Lemon Grove, CA 91945
TUESDAY, February 1, 2022 at 6 PM
The City Council also sits as the Lemon Grove Housing Authority, Lemon Grove Sanitation District Board, Lemon Grove Roadway Lighting District Board, and Lemon Grove Successor Agency.

Call To Order:

Mayor Vasquez called the Regular City Council Meeting to order at 6:03 pm

Present:

Mayor Racquel Vasquez, Mayor Pro Tem Jerry Jones, Councilmember Jennifer Mendoza, and Councilmember Liana LeBaron.

Absent: Councilmember George Gastil.

Staff Members Present:

Changes to the Agenda:

Councilmember LeBaron request to pull Item 1.B – Payment Demands from the Consent Calendar. No second, motion fails.

Presentation:
2-1-1 San Diego, Meg Storer, Chief of Staff and Luis Monteagudo, Jr., Vice President of Community Relations
Pledge of Allegiance:

Led by Mayor Pro Tem Jones.

Public Comment:

Email Submitted:
• Denise Dupee
• Rebecca Rapp
In-Person:
• Paul Shanahan
• Teresa Rosiak-Proffit
• Victor Vega
• Tanya Harris
• Jessyka Heredia
Consent Calendar:

1.A Waive Full Text Reading of All Ordinances on the Agenda

1.B City of Lemon Grove Payment Demands
Action: Motion by Mayor Pro Tem Jones, second by Councilmember Mendoza to approve the Consent Calendar Items 1.A – 1.B.

The motion passed by the following vote:

Ayes: Vasquez, Jones, Mendoza.

Noes: LeBaron.

Absent: Gastil.

City of Lemon Grove Minutes February 1, 2022
2 Mayor Vasquez calls a recess at 6:49 pm and immediately reconvenes the meeting at 6:49 pm.

City Council Reports on Meetings Attended at the Expense of the City Councilmember LeBaron: No report on meetings attended at the expense of the City.

Councilmember Mendoza:
• Little League Clean-Up
• Heartland Fire Communications Facility Meeting
• Intergovernmental Round-Table – Homelessness
Mayor Pro Tem Jones: No report on meetings attended at the expense of the City.

Mayor Vasquez:
• League of California African American CAUCUS Meeting
• SANDAG Audit Committee Meeting
• SANDAG Board of Directors Meeting
• Meeting with USDC Chancellor – communities have access to education at the University
• CAL-OES Meeting
• California Mayor’s Coalition Meeting
City Manager Report: No Report.

Mayor Vasquez reconvenes meeting from closed session at 8:36 pm. Mrs. Steinke reports out of closed session, no reportable action.

Adjournment:

There being no further business to come before the Council, Mayor Vasquez adjourns the meeting at 8:36 pm to the next regularly scheduled City Council meeting, Tuesday, February 15, 2022 at 6 pm.

Audrey Malone
City Clerk
Accept the McKnight Drive Drainage
Project as Complete
April 19, 2022
Page | 1

CITY OF LEMON GROVE

CITY COUNCIL

STAFF REPORT
Item No. 1. D
Meeting Date: April 19, 2022
Submitted to: Honorable Mayor and Members of the City Council Department: Public Works Department
Staff Contact: Ed Walton, Contract City Engineer;
[email protected]
Item Title: Accept the McKnight Drive Drainage Project as Complete (Contract No. 2021-12)
Recommended Action: Adopt a resolution (Attachment A) accepting the McKnight Drive Drainage Project as complete (Contract No. 2021-12).

Summary: The City Council awarded the McKnight Drive Drainage Project to PAL General Engineering, Inc. on April 6, 2021 not to exceed a total project budget of $354,000. The project consisted of installation of a storm drain system along Mt. Vernon and McKnight Drive to include a reinforced concrete pipe (RCP), catch basins, clean-outs, inlets, headwalls, and rip rap. Staff completed its final inspection of the improvements and determined that the work was completed per the contract specifications. The total cost of the project was $330,825.34. The unspent balance of $23,174.66 will be returned to the general fund.

Discussion: On April 6, 2021, PAL General Engineering, Inc. was awarded the McKnight Drive Drainage Project (Contract No. 2021-12) with a total construction contract amount of $237,140. The project included an additional $35,000 for inspection services, $23,000 for materials testing and a $58,860 contingency for a total project budget of $354,000.

Three construction change orders were required to complete the project:

1. Removal and replacement of a concrete driveway to accommodate an 18” RCP at a cost of $3,887;

2. Installation of an asphalt dike, spillway and fence at a cost of $26,685; and

3. Added work for a concrete driveway apron and RCP protection at a cost of $9,003.84.

Accept the McKnight Drive Drainage
Project as Complete
April 19, 2022
Page | 2
The change orders increased the construction contract amount $39,575.84 for a total construction contract amount of $276,715.84. Inspection services for the project were performed by the City’s contract inspector, Infrastructure Engineering Corporation (IEC).

The project required more staffing time than originally anticipated. More attention to the field crew work was required in order to assure proper construction techniques, public safety measures and limited impacts to the surrounding neighborhood. The total inspection portion of the project equaled $43,634.50. Materials Testing for the project was performed by Atlas Technical Consultants, LLC. The total materials testing portion of the project equaled $10,475. The total final project cost equaled $330,825.34.

Between April and June 2021, staff worked with the contractor to obtain all contract and submittal documents required before construction activity can begin. A Notice to Proceed for the project was issued to the contractor on June 28, 2021. Significant project delays included contractor mobilization and workload, construction crew staffing shortages due to COVID, changes to the design in the field due to unanticipated sewer lines, rain and the scheduling of all final work and inspections.

On January 6, 2022, staff completed the
final inspection of the improvements and
determined the work was completed per the
contract specifications (139 days).

Staff recommends that the City Council
adopt a resolution (Attachment A)
accepting the work as complete, authorize
the City Manager or her designee to file a
Notice of Completion with the County of
San Diego Recorders Office, and authorize
staff to release the retention no sooner than
thirty (30) days after the Notice of
Completion has been filed.

Completed portion along Mt. Vernon
Accept the McKnight Drive Drainage
Project as Complete
April 19, 2022
Page | 3
Environmental Review:

Not subject to review Negative Declaration
Categorical Exemption, Section Mitigated Negative Declaration Fiscal Impact: Funding for this project was budgeted in the current fiscal year from Account Number 01-50-11-7135 (General Fund Reserve).

Public Notification: None.

Staff Recommendation: Adopt a resolution (Attachment A) accepting the McKnight Drive Drainage Project as complete (Contract No. 2021-12).

Attachment:

Attachment A – Resolution
Accept the McKnight Drive Drainage
Project as Complete
April 19, 2022
Page | 4
Attachment A
RESOLUTION NO. 2022 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LEMON GROVE,

CALIFORNIA, ACCEPTING THE MCKNIGHT DRIVE DRAINAGE PROJECT AS COMPLETE (CONTRACT NO. 2021-12)
WHEREAS, on April 6, 2021, the City Council awarded the McKnight Drive Drainage Project to PAL General Engineering, Inc. (Contract No. 2021-12); and WHEREAS, the contract bid amount was established at $237,140; and WHEREAS, the project budget include $35,000 for inspection services, $23,000 for materials testing and a $58,860 contingency for a total project budget of $354,000; and
WHEREAS, three construction change orders increased the contract amount $39,575.84 for a total construction contract amount of $276,715.84; and WHEREAS, the cost for inspection services was $43,634.50 and the cost for materials testing was $10,475; and
WHEREAS, the final project cost was $330,825.34; and
WHEREAS, the final project cost was allocated for this project from the General Fund; and
WHEREAS, on January 6, 2022, PAL General Engineering, Inc. completed the scope of work as defined by the original contract and changes in the field; and WHEREAS, City staff inspected all of the improvements and determined that PAL General Engineering, Inc. fulfilled its contractual obligations.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lemon Grove, California hereby:

1. Accepts the work for the McKnight Drive Drainage Project as complete (Contract No. 2021-12); and
Accept the McKnight Drive Drainage
Project as Complete
April 19, 2022
Page | 5
Attachment A

2. Authorizes the City Manager or her designee to file a notice of completion with the County of San Diego; and

3. Authorizes city staff to release the retention no sooner than thirty (30) days after the notice of completion is filed.

PASSED AND ADOPTED on April 19, 2022, the City Council of the City of Lemon Grove, California, adopted Resolution No. _______, passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Racquel Vasquez, Mayor
Attest:
__________________________
Audrey Malone, City Clerk
Approved as to Form:
_________________________
Kristen Steinke, City Attorney
MUP-210-0002 Car Wash Appeal
April 19, 2022
1 | Page

CITY OF LEMON GROVE

CITY COUNCIL

STAFF REPORT
Item No. 2.

Meeting Date: April 19, 2022
Submitted to: Honorable Mayor and Members of the City Council Department: Community Development Department
Staff Contact: Bill Chopyk, Interim Community Development Manager; [email protected]
Item Title: Minor Use Permit No. MUP-210-0002 Car Wash Appeal Recommended Action: Adopt a resolution (Attachment B or C) either approving or denying an appeal of the Planning Commission (PC) decision to approve Minor Use Permit MUP-210-0002 to construct and operate a car wash at 7431 Broadway in the General Commercial (GC) zone.

Summary: On December 21, 2021, a Notice of Decision was published that the Community Development Manager (CDM) intends to deny MUP-210-0002. Decisions of the CDM on use permit applications may be appealed under Section 17.28.020 I. of the Lemon Grove Municipal Code (LGMC). Under the powers and duties of the Planning Commission (LGMC 2.36.070), the Planning Commission shall be the initial appeal body for all appealable staff decisions. On January 3, 2022, an appeal of the CDM Decision was filed by the applicant, Neil Capin, Jr. (Applicant).

On February 28, 2022, the PC adopted Resolution No. 2022-001 (Attachment A) granting the Applicant’s appeal of the CDM decision and approving the car wash project.

Pursuant to LGMC 2.36.070, the City Council shall hear appeals from Planning Commission decisions.

On March 8, 2022, an appeal of the PC decision was filed by Katie Dexter (Appellant) stating: “Use is inconsistent with Lemon Grove General Plan and is not compatible with the neighborhood or community. I feel it will injure immediate neighbors. Doesn’t belong on perimeter of residential neighborhood. Also feel decision was made based on undue influence by Councilmember LeBaron and supporters at that meeting.” The Appellant informed staff the she is unable to attend the City Council hearing on the appeal as she is in Wisconsin for a few months. However, she gave her consent to proceed with the public hearing on her appeal without her presence.

MUP-210-0002 Car Wash Appeal
April 19, 2022
2 | Page
Required Findings: The following findings must be made to approve (or deny) a Minor Use Permit (LGMC 17.28.052):

1. The use is compatible with the neighborhood or the community;

2. The use is not detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity;

3. The use complies with performance standards according to Section 17.24.080;

4. The use is consistent with the applicable provisions of the particular zoning district and with the policies and standards of the general plan.

The performance standards of Section 17.24.080 include the following:

1. Noise. All noises shall be limited so that they do not exceed the ambient noise level by more than five dBA or exceed seventy dBA during daytime operations. All noises shall comply with the Noise Abatement and Control Ordinance, LGMC Chapter 9.24.

2. Glare. Bright or flashing lights or reflections shall not be visible off the premises and shall be shielded and positioned to contain light to the site. All lighted signs shall be subject to citywide sign regulations, LGMC Chapter 18.12.

3. Traffic Circulation. New development must demonstrate that it will not substantially increase traffic.

4. Vibrations. No detectable vibrations shall be permitted off the development site.

5. Fire, Explosion, and Hazardous Materials. Burning waste materials in open fires is prohibited. Operations that involve storage, use, or transport of flammable or explosive materials or gases, or other hazardous materials shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate firefighting and spill containment equipment and supplies standard in industry, as approved by the Fire Department. Such operations must be conducted in a manner which meets with the approval of the Fire Chief and complies with LGMC Chapter 18.44 (Water Efficient Landscape Ordinance) and the regulations of any other government agency with jurisdiction.

6. Airborne Emissions. No use shall exceed the maximum permissible emissions standards established by the San Diego County Air Pollution Control District.

7. Liquid and Solid Wastes. No discharge shall be permitted of any materials of such nature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements into any public sewer, private sewage disposal system, stream, or ground.

8. Electrical Disturbance. No activities shall be permitted that emit electrical disturbance affecting the operation at any point of any equipment other than that of the creator of such disturbance, according to the standards of the Federal Communications Commission, as amended.

MUP-210-0002 Car Wash Appeal
April 19, 2022
3 | Page

9. Radioactivity. No activities shall be permitted which utilize fissionable or radioactive material if their use results at any time in the release or emission of any fissionable or radioactive material into the atmosphere, the ground, or sewage systems, according to the standards of the Federal Nuclear Regulatory Commission, as amended.

Discussion: The property at 7431 Broadway was previously used for retail commercial, including, among other things, taco shops and a music studio. After these retail businesses left, the property became abandoned and neglected. An illegal cannabis dispensary was established for a short period of time where code enforcement action was taken to vacate the dispensary. The property is currently vacant, fenced and in disrepair.

The new owner of the property applied for a Minor Use Permit (MUP) to demolish the existing buildings and construct a new drive-through car wash.

After thorough review of MUP-210-0002, the CDM intended to deny the MUP. However, the applicant appealed the CDM decision. Staff had made the following findings to deny the MUP-210-0002:

1. The use is incompatible with the neighborhood. The land uses surrounding the subject site include residential structures that are accessed from Pacific Ave. and immediately south of the subject site. The closest residential structure is approximately 15 feet from the southerly property line of the proposed car wash site. The proximity of the drive-through to nearby residential structures and the potential for cars to create disturbing, excessive or offensive noise, car exhaust from idling engines, and stacking of vehicles causing congestion will result in the use being incompatible with the surrounding neighborhood and the community.

2. The use is detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity. The proposed car wash will be detrimental to the general welfare of persons residing in nearby residential structures because their close proximity to the car wash and potential noise impacts from cars accessing the site and creating disturbing, excessive or offensive noise, car exhaust from idling engines and stacking of vehicles, causing discomfort or annoyance in accordance with Lemon Grove Municipal Code Section

9.24.160.

3. The use does not comply with performance standards according to Section 17.24.080. The applicant submitted a noise study (Eilar Associates, Inc.

April 28, 2021) confirming the proposed use complies or will be made to comply with applicable performance standards; however, cars utilizing the car wash may generate noise that exceeds the ambient noise level by more than five decibels or exceed 70 decibels during daytime operations. The applicant submitted an updated noise study by Eilar Associates, Inc. dated January 14, 2022 (Attachment B) that MUP-210-0002 Car Wash Appeal
April 19, 2022
4 | Page
includes an analysis of noise generated from stacked idling vehicles. Although the noise study concludes that noise impacts from the proposed on-site equipment and idling vehicles are not expected to exceed City of Lemon Grove property line noise limits at surrounding property lines, staff remains concerned about noise exceeding 50 dB on adjacent residences from the car wash equipment, and stacked cars revving their engines and playing loud music (not addressed in the 1/14/22 Eilar noise study). The car wash is expected to generate 150-200 vehicle trips per day which would not significantly impact the traffic level of service on Broadway.

However, turning movements are limited by one-way in and one-way out due to the raised median on Broadway, and a tight right-hand turn to enter the vehicle stacking area.

4. The use is inconsistent with applicable provisions of the particular zoning district and with policies and standards of the general plan.

Policy 5.5 of the General Plan states. “Promote development that enhances and is compatible with the surrounding environs.” The proposed use will generate disturbing, excessive or offensive noise from cars, fumes from idling engines, and congestion which will result in the use being incompatible with the surrounding residential environs.

Furthermore, staff recommended that the Applicant hold a community meeting to gage the community reaction to a car wash next to a residential neighborhood. The Applicant declined to hold a community meeting.

In support of the Applicant’s appeal to the PC of the CDM’s decision, the Applicant provided a response letter including 3 support letters (2 unsigned) and 34 postcards supporting the proposed car wash (Attachment D). The project site plan, building elevations and landscaping plan are included in Attachment E.

At the February 28, 2022 PC appeal hearing, the PC overturned the CDM decision; granted the applicant’s appeal; approved MUP-210-0002 subject to conditions that (a) anti-graffiti paint shall be applied to the 12-foot high sound wall and (b) additional trees shall be planted in the rear yard between the car wash structure and the adjacent residential uses to the south; and made the following findings in Resolution No. 2022- 001 (Attachment A):

1. The use is compatible with the neighborhood or the community. The car wash is compatible with the land uses surrounding the subject site including commercial uses and structures on Broadway, and residential uses and structures that are accessed from Pacific Avenue south of the subject site.

2. The use is not detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity. The proposed car wash will not be detrimental to the general welfare of persons residing in nearby residential MUP-210-0002 Car Wash Appeal
April 19, 2022
5 | Page
structures because the proposed car wash construction and 12-foot tall sound wall will attenuate sound to acceptable noise level standards in accordance with Lemon Grove Municipal Code Chapter 9.24: Noise Abatement and Control.

3. The use complies with performance standards according to Lemon Grove Municipal Code Section 17.24.080 as there are no dangerous or objectionable effects from the proposed car wash activity.

4. The use is consistent with applicable provisions of the particular zoning district and with policies and standards of the general plan. Policy 5.5 of the General Plan states: “Promote development that enhances and is compatible with the surrounding environs.” The proposed car wash design minimizes disturbing, excessive or offensive effects with the surrounding environs.

5. The Minor Use Permit is categorically exempt from the environmental review requirements under the California Environmental Quality Act Guidelines under Section 15332, Infill Development.

MUP-210-0002 Car Wash Appeal
April 19, 2022
6 | Page
Environmental Review:

Not subject to review Negative Declaration
Categorical Exemption, Sections 15301
and 15332
Mitigated Negative Declaration
Fiscal Impact: None
Public Notification: The Notice of Public Hearing for this item was mailed to all property owners within 500 feet of the subject property. The City of Lemon Grove received no comments in response to the Notice of Public Hearing at the time this staff report was prepared. At the time of the public hearing, staff will provide the City Council with any comments received after the date this staff report was prepared.

Staff Recommendation: Hold a public hearing, make findings under LGMC

17.28.052, and adopt a resolution (Attachment B or C) either granting the appeal (which would deny the project) or denying the appeal (which would approve the project).

Attachments:

Attachment A – Planning Commission Resolution No. 2022-001 Attachment B – Draft City Council Resolution granting the appeal and denying MUP-210- 0002
Attachment C – Draft City Council Resolution denying the appeal and approving MUP210-0002 Attachment D – 3 support letters and 34 postcards
Attachment E – Project Site Plan, Elevations, Landscaping Plan, Colors & Materials Attachment F – Appeal Application filed by Katie Dexter MUP-210-0002 Car Wash Appeal
April 19, 2022
7 | Page
Attachment A
(Signed PC Resolution No. 2022-001)
MUP-210-0002
February 28, 2022
P a g e | 1
RESOLUTION NO. 2022-001

A RESOLUTION OF THE PLANNING COMMISION OF THE CITY OF LEMON

GROVE GRANTING AN APPEAL OF THE COMMUNITY DEVELOPMENT
MANAGER (CDM) DECISION TO DENY MINOR USE PERMIT MUP-210-0002 TO CONSTRUCT AND OPERATE A CAR WASH AT 7431 BROADWAY IN THE GENERAL COMMERCIAL (GC) ZONE AND APPROVING MUP-210-0002 WHEREAS, the applicant, Neil Capin, Jr., filed an application for a Minor Use Permit (MUP-210-0001) on February 10, 2021, a request to construct and operate a car wash at 7431 Broadway, Lemon Grove, California; and
WHEREAS, the subject property is located in the General Commercial (GC) zoning district and has a General Plan Land Use designation of Retail Commercial; and WHEREAS, the GC zone allows for “Vehicle Service/Maintenance” which includes car washing services with an approval of a Minor Use Permit; and WHEREAS, a Notice of Decision of the Community Development Manager of the City of Lemon Grove Denying Minor Use Permit MUP-210-0002 to construct and operate a car wash at 7431 Broadway, Lemon Grove, California was published on December 21, 2021; and
WHEREAS, Staff decisions on use permit applications may be appealed under Section 17.28.020 I. of the Lemon Grove Municipal Code (LGMC); and WHEREAS, the Applicant filed an appeal of the CDM Decision on January 3, 2022; and
WHEREAS, a Notice of Public Hearing was published in the February 18, 2022 edition of the East County Californian and mailed to all property owners within 500 feet of the subject property; and
WHEREAS, under the powers and duties of the Planning Commission (LGMC Section 2.36.070), the Planning Commission shall be the initial appeal body for all appealable staff decisions; and
WHEREAS, the Planning Commission held a duly noticed public hearing and received public testimony on February 28, 2022.

MUP-210-0002
February 28, 2022
P a g e | 2
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Lemon Grove, California hereby grants the Applicant’s appeal of the CDM decision to Deny Minor Use Permit MUP-210-0002 to construct and operate a car wash at 7431 Broadway based on the following findings:

2. The use is not detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity. The proposed car wash will not be detrimental to the general welfare of persons residing in nearby residential structures because the proposed car wash construction and 12-foot tall sound wall will attenuate sound to acceptable noise level standards in accordance with Lemon Grove Municipal Code Chapter 9.24: Noise Abatement and Control.

3. The use complies with performance standards according to Lemon Grove Municipal Code Section 17.24.080 as there are no dangerous or objectionable effects from the proposed car wash activity.

4. The use is consistent with applicable provisions of the particular zoning district and with policies and standards of the general plan. Policy 5.5 of the General Plan states:
“Promote development that enhances and is compatible with the surrounding environs.” The proposed car wash design minimizes disturbing, excessive or offensive effects with the surrounding environs.

5. The Minor Use Permit is categorically exempt from the environmental review requirements under the California Environmental Quality Act Guidelines under Section 15332, Infill Development.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Lemon Grove, California hereby approves Minor Use Permit MUP-210-0002 to construct and operate a car wash at 7431 Broadway subject to the following conditions of approval:

MUP-210-0002
February 28, 2022
P a g e | 3

1. Anti-graffiti paint shall be applied to the 12-foot high sound wall; and

2. Additional trees shall be planted in the rear yard between the car wash structure and the adjacent residential uses to the south.

PASSED AND ADOPTED on February 28, 2022, the Planning Commission of the City of Lemon Grove, California, adopted Resolution No. 2022-001, passed by the following vote:

AYES: BAILEY, EVANS, SMITH, BROWNE, JACOBS
NOES: NONE.

ABSENT: NONE.

ABSTAIN: NONE.

Attest:
__________________________
Audrey Malone, Planning Commission Clerk
Approved as to Form:
__________________________
Elizabeth Mitchell, Planning Commission Attorney
MUP-210-0002 Car Wash Appeal
April 19, 2022
8 | Page
Attachment B
RESOLUTION NO. 2022- _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LEMON GROVE

GRANTING AN APPEAL OF THE PLANNING COMMISSION DECISION TO APPROVE MINOR USE PERMIT MUP-210-0002 TO CONSTRUCT AND
OPERATE A CAR WASH AT 7431 BROADWAY IN THE GENERAL
COMMERCIAL (GC) ZONE AND DENYING MUP-210-0002
WHEREAS, the applicant, Neil Capin, Jr., filed an application for a Minor Use Permit (MUP-210-0001) on February 10, 2021, a request to construct and operate a car wash at 7431 Broadway, Lemon Grove, California; and
WHEREAS, the subject property is located in the General Commercial (GC) zoning district and has a General Plan Land Use designation of Retail Commercial; and WHEREAS, the GC zone allows for “Vehicle Service/Maintenance” which includes car washing services with an approval of a Minor Use Permit; and WHEREAS, a Notice of Decision of the Community Development Manager of the City of Lemon Grove Denying Minor Use Permit MUP-210-0002 to construct and operate a car wash at 7431 Broadway, Lemon Grove, California was published on December 21, 2021; and
WHEREAS, Staff decisions on use permit applications may be appealed under Section 17.28.020 I. of the Lemon Grove Municipal Code (LGMC); and WHEREAS, the Applicant filed an appeal of the CDM Decision on January 3, 2022; and
WHEREAS, under the powers and duties of the Planning Commission (LGMC Section 2.36.070), the Planning Commission shall be the initial appeal body for all appealable staff decisions; and
WHEREAS, the Planning Commission held a duly noticed public hearing and received public testimony on February 28, 2022; and
WHEREAS, the city council shall hear appeals from planning commission decisions pursuant to LGMC Section 2.36.070; and
MUP-210-0002 Car Wash Appeal
April 19, 2022
9 | Page
WHEREAS, on February 28, 2022 the Planning Commission adopted Resolution No. 2022-001 granting the Applicant’s appeal of the CDM decision to deny MUP-210- 0002 to construct and operate a car wash at 7431 Broadway and approving MUP-210- 0002 subject to specified conditions; and
WHEREAS, the Appellant, Katie Dexter, filed an Appeal of the Planning Commission Decision on March 8, 2022; and
WHEREAS, a Notice of Public Hearing was mailed to all property owners within 500 feet of the subject property at least ten days prior to the City Council appeal hearing; and
WHEREAS, on April 19, 2022, the City Council held a public hearing and received and considered all evidence submitted at or before the hearing.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lemon Grove, California hereby grants the Appellant’s appeal of the Planning Commission decision and denies Minor Use Permit MUP-210-0002 to construct and operate a car wash at 7431 Broadway. This denial is based on the following findings:

1. The use is incompatible with the neighborhood or the community. The land uses surrounding the subject site include residential structures that are accessed from Pacific Ave. and immediately south of the subject site. The closest residential structure is approximately 15 feet from the southerly property line of the proposed car wash site. The proximity of the drive-through to nearby residential structures and the potential for cars to create disturbing, excessive or offensive noise, car exhaust from idling engines, and stacking of vehicles causing congestion will result in the use being incompatible with the surrounding neighborhood and the community.

2. The use is detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity. The proposed car wash will be detrimental to the general welfare of persons residing in nearby residential structures because their close proximity to the car wash and potential noise impacts from cars accessing the site and creating disturbing, excessive or offensive noise, car exhaust from idling engines and MUP-210-0002 Car Wash Appeal
April 19, 2022
10 | Page
stacking of vehicles, causing discomfort or annoyance in accordance with Lemon Grove Municipal Code Section 9.24.160.

3. The use does not comply with performance standards according to Section

17.24.080. Noise levels would exceed 50 dB on adjacent residences from the car wash equipment, and stacked cars revving their engines and playing loud music. Turning movements are limited by one-way in and one-way out due to the raised median on Broadway, and a tight right-hand turn to enter the vehicle stacking area.

4. The use is inconsistent with applicable provisions of the particular zoning district and with policies and standards of the general plan. Policy 5.5 of the General Plan states. “Promote development that enhances and is compatible with the surrounding environs.” The proposed use will generate disturbing, excessive or offensive noise from cars, fumes from idling engines, and congestion which will result in the use being incompatible with the surrounding residential environs.

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PASSED AND ADOPTED on April 19, 2022, the City Council of the City of Lemon Grove, California, adopted Resolution No. 2022- _____, passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Raquel Vasquez, Mayor
Attest:
__________________________
Audrey Malone, City Clerk
MUP-210-0002 Car Wash Appeal
April 19, 2022
12 | Page
Attachment C
RESOLUTION NO. 2022- _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LEMON GROVE

DENYING AN APPEAL OF THE PLANNING COMMISSION DECISION TO APPROVE MINOR USE PERMIT MUP-210-0002 TO CONSTRUCT AND
OPERATE A CAR WASH AT 7431 BROADWAY IN THE GENERAL
COMMERCIAL (GC) ZONE AND APPROVING MUP-210-0002
WHEREAS, the applicant, Neil Capin, Jr., filed an application for a Minor Use Permit (MUP-210-0001) on February 10, 2021, a request to construct and operate a car wash at 7431 Broadway, Lemon Grove, California; and
WHEREAS, the subject property is located in the General Commercial (GC) zoning district and has a General Plan Land Use designation of Retail Commercial; and WHEREAS, the GC zone allows for “Vehicle Service/Maintenance” which includes car washing services with an approval of a Minor Use Permit; and WHEREAS, a Notice of Decision of the Community Development Manager of the City of Lemon Grove Denying Minor Use Permit MUP-210-0002 to construct and operate a car wash at 7431 Broadway, Lemon Grove, California was published on December 21, 2021; and
WHEREAS, Staff decisions on use permit applications may be appealed under Section 17.28.020 I. of the Lemon Grove Municipal Code (LGMC); and WHEREAS, the Applicant filed an appeal of the CDM Decision on January 3, 2022; and
WHEREAS, under the powers and duties of the Planning Commission (LGMC Section 2.36.070), the Planning Commission shall be the initial appeal body for all appealable staff decisions; and
WHEREAS, the Planning Commission held a duly noticed public hearing and received public testimony on February 28, 2022; and
WHEREAS, the city council shall hear appeals from planning commission decisions pursuant to LGMC Section 2.36.070; and
MUP-210-0002 Car Wash Appeal
April 19, 2022
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WHEREAS, on February 28, 2022 the Planning Commission adopted Resolution No. 2022-001 granting the Applicant’s appeal of the CDM decision to deny MUP-210-0002 to construct and operate a car wash at 7431 Broadway and approving MUP-210-0002 subject to specified conditions; and
WHEREAS, the Appellant, Katie Dexter, filed an Appeal of the Planning Commission Decision on March 8, 2022; and
WHEREAS, a Notice of Public Hearing was mailed to all property owners within 500 feet of the subject property at least ten days prior to the City Council appeal hearing; and
WHEREAS, on April 19, 2022, the City Council held a public hearing and received and considered all evidence submitted at or before the hearing.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lemon Grove, California hereby denies the Appellant’s appeal of the Planning Commission decision to approve Minor Use Permit MUP-210-0002 to construct and operate a car wash at 7431 Broadway based on the following findings:

2. The use is not detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity. The proposed car wash will not be detrimental to the general welfare of persons residing in nearby residential structures because the proposed car wash construction and 12-foot tall sound wall will attenuate sound to acceptable noise level standards in accordance with Lemon Grove Municipal Code Chapter 9.24: Noise Abatement and Control.

3. The use complies with performance standards according to Lemon Grove Municipal Code Section 17.24.080 as there are no dangerous or objectionable effects from the proposed car wash activity.

4. The use is consistent with applicable provisions of the particular zoning district and with policies and standards of the general plan. Policy 5.5 of the General Plan states:

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“Promote development that enhances and is compatible with the surrounding environs.” The proposed car wash design minimizes disturbing, excessive or offensive effects with the surrounding environs.

5. The Minor Use Permit is categorically exempt from the environmental review requirements under the California Environmental Quality Act Guidelines under Sections 15301 (Existing Facilities) and/or 15332 (Infill Development).

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Lemon Grove, California hereby approves Minor Use Permit MUP-210-0002 to construct and operate a car wash at 7431 Broadway subject to the following conditions of approval:

1. Anti-graffiti paint shall be applied to the 12-foot high sound wall; and

2. Additional trees shall be planted in the rear yard between the car wash structure and the adjacent residential uses to the south.

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PASSED AND ADOPTED on April 19, 2022, the City Council of the City of Lemon Grove, California, adopted Resolution No. 2022- _____, passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Raquel Vasquez, Mayor
Attest:
__________________________
Audrey Malone, City Clerk

CUP-200-0001
April 19, 2022
Page | 1

CITY OF LEMON GROVE

CITY COUNCIL

STAFF REPORT
Item No. 3.

Meeting Date: April 19, 2022
Submitted to: Honorable Mayor and Members of the City Council Department: Community Development Department
Staff Contact: Bill Chopyk, Interim Community Development Manager; [email protected]
Item Title: Public Hearing to Consider Conditional Use Permit Application CUP-200-0001, A Request to Establish a
Medical Marijuana Dispensary Cannabis Retail Store at
8280 Broadway in the Heavy Commercial Zone
Recommended Action:
1) Conduct the public hearing;
2) Receive Public Comment; and
3) Adopt a resolution (Attachment A) conditionally approving Conditional Use Permit CUP-200-0001, to establish a medical marijuana dispensary (MMD) cannabis retail store at 8280 Broadway in the Heavy Commercial (HC) Zone pursuant to Municipal Code Chapter 17.32.

Summary: This is a request to establish a MMD cannabis retail store at 8280 Broadway in the HC Zone. The proposed project would utilize the existing single story commercial building and existing parking lot to be reused as a MMD. The scope of the project includes remodeling of the existing structure within the same floor area. Site modifications include parking lot re-striping, loading and pedestrian access from the parking lot and street frontage and miscellaneous site improvements such as lighting, signage, fencing and security cameras.

Discussion: Chapter 17.32 of the Lemon Grove Municipal Code (LGMC) allows MMDs with an approved Conditional Use Permit (CUP) application in commercial and industrial zoning districts. To be eligible, proposed MMD sites must be separated by 1,000 feet from the regulated and protected uses described in LGMC Section 17.32.090(B), including MMDs, licensed daycare facilities, schools and parks. Potential MMDs may be screened through a Minor Use Permit (MUP) application prior to CUP submittal to determine if CUP-200-0001
April 19, 2022
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the proposed site meets zoning and separation criteria, and establish early separation findings.

Background
On November 4, 2020, the Applicant, Pick Axe Holdings LLC, filed a MUP application to establish for early separation findings, and submitted a CUP application on November 28, 2020 to operate a MMD cannabis retail store at 8280 Broadway. On January 12, 2021 the Community Development Manager (CDM) published a Notice of CDM Decision to approve MUP-210-0007. No appeals were filed at that time. The CUP application was incomplete and was not approved prior to the one-year expiration of the MUP. The applicant reapplied for the MUP prior to its expiration date of January 12, 2022. On January 27, 2022 the CDM published a Notice of CDM Decision to again approve MUP210-0007.

An appeal of the CDM Decision to approve Minor Use Permit MUP-210-0007 was filed by Rita Hirmez & Sabah Toma (Appellants) on January 28, 2022. On April 5, 2022, the City Council denied the appeal, thereby granting approval of MUP-200-0007. The Appellants also filed a Conditional Use Permit (CUP) application for a proposed MMD cannabis retail store at 8290 Broadway on December 9, 2021. The proposed MMD cannabis retail store at 8290 Broadway is located directly northeast and adjacent to Applicant’s property at 8280 Broadway.

Project Description
The proposed project consists of an existing single story commercial building to be converted into a MMD cannabis retail store located at 8280 Broadway, Lemon Grove, CA 91945. The MMD cannabis retail store would sell both recreational and medical marijuana to customers age 21 and over; and only medical marijuana to persons of age 18 who possess a valid physician’s recommendation.

The scope of the project is to include interior remodel of the existing structure with nonstructural and non-load bearing walls. Site modifications include parking lot re-striping, pedestrian access from the parking lot and existing right-of-way and miscellaneous site improvements such as lighting, fencing and security cameras, etc.

The parcel addressed as 8280 Broadway (APN 499-200-22-00) is a 0.68 acre (29,729 square-feet) lot currently used as an automotive garage and towing yard. The property abuts Broadway with 152 feet of frontage on Broadway, with sidewalk, curb & gutter, two driveway curb cuts, and landscaping. The requested CUP proposes reuse of the existing commercial building and parking lot and authorization to operate the existing commercial building as a MMD cannabis retail store. The existing billboard on the southwest corner of the site would remain.

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The space within the 1,476 square-foot one-story building would be reconfigured with a one-way entrance into a lobby and another entry into the dispensary from the lobby.

There is a separate one-way exit from the dispensary and a separate side entrance for employees and deliveries. A new parapet and canopy would be added to the building with painted wall signs on the south and east facing parapet walls. 5,446 square feet (sf) of existing impervious surface area would be removed for new planting areas. 4,539 sf of new/replaced impervious surface area is proposed. This would result in an overall reduction of 907 sf of impervious surface area on the project site.

Land Use Analysis
The subject property has a Lemon Grove General Plan land use designation of General Business and a zoning designation of HC, Heavy Commercial. According to the General Plan, this land use designation is planned for professional office, wholesale business, research and development, high technology production, and sales. MMDs are authorized with a CUP in commercial zoning districts, including the HC zone, according to LGMC Section 17.32.090(A).

The General Plan establishes a maximum density of 1.2 Floor Area Ratio (FAR) in the General Business designation. The applicant proposes to maintain the existing 0.05 FAR, well below the maximum allowable FAR. No cultivation, manufacturing, processing, or delivery services are proposed with the CUP application. Site alterations and improvements including new landscape, lighting, signage, and access and parking area improvements are incorporated into the CUP application.

Development Standards
LGMC Section 17.16.080(G) outlines basic standards which are applicable to all land and structures in the HC zone. The following table compares those standards to the site conditions at the subject address. The proposed project is in compliance with all basic development standards.

Standard Required Proposed
Min. Lot Area 10,000 square feet 29,729 square feet
Front Yard Setback 20 feet min. 22 feet
Side Yard Setback None (0 ft.) 10 feet
Rear Yard Setback None (0 ft.) Approx. 137 feet
Maximum Building Height 30 feet 14 feet 6 inches
Max. Building Coverage 40% 5%
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Parking
The Lemon Grove parking requirement for retail/business is one parking space per 500 square feet of floor area (LGMC 17.24.010). Thus, four parking spaces is the minimum amount of parking required for a retail sales use. The proposed project provides 24 parking spaces including two disabled spaces. This is ample off-street parking for customers, employees and deliveries.

The layout of the 24 on-site parking spaces complies with the LGMC off-street parking regulations. The parking area accommodates a 24 foot two-way drive aisle and 9 foot by 19 foot parking stalls with wheel stops as required by the Space and Access Dimensions in LGMC Section 17.24.010(F) for parking dimensions. No parking spaces encroach into the required 20 foot front yard setback. The plans do not show bicycle parking; however, staff recommends conditioning the project to provide a bicycle rack or other storage device for bicycle parking. Section 17.24.010(G) requires one bicycle space per ten required vehicle parking spaces.

Traffic
East Broadway would operate at an acceptable Level of Service (LOS) D or higher at 33,400 average daily trips (ADT). The SANDAG 2050 Forecast estimates 30,600 ADT for this section of Broadway, well below the acceptable LOS standard. Broadway is currently operating at an acceptable LOS. The proposed project replaces an existing commercial facility that utilizes the existing street network in Lemon Grove.

The amount of traffic generated by a dispensary is similar to existing retail/commercial uses. The Institute of Traffic Engineers (ITE) Trip Generation Manual, 11th Edition estimates 211 ADT per 1000 sf of building area for a dispensary. The ITE rates for commercial shops range from 40 ADT/1000 sf for specialty retail/strip commercial to 850 ADT/1000 sf for a convenience market (w/gasoline pumps). Tow yards are not a use where there are any ITE published rates. Traffic generation for a tow yard would then be estimated based on the number of calls on an average day. The range of ADT for permitted commercial uses on this site are 60 – 1,255 ADT. The ADT for this dispensary is 311 ADT based on the ITE Trip Generation Manual, 11th Edition.

Street Improvements
Off-street parking regulations, specifically Section 17.24.010(H), also require the installation of city standard street improvements along abutting streets as part of all discretionary permit application. LGMC Chapter 12.10 requires street dedication and street improvements with building permits that exceed $25,000 in value. The Engineering Division has provided a list of preliminary conditions related to street improvements and are included in the city council resolution conditions.

Loading
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April 19, 2022
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According to LGMC Section 17.24.020(B)(8), the CDM may determine loading requirements for unlisted uses, such as MMDs, based upon the particular characteristics of the use. Deliveries from licensed cannabis distributors to the dispensary are not anticipated to occur in vehicles that require large, designated berths and therefore one is not provided. A condition of approval requires review of loading by the CDM prior to the issuance of a building permit.

Landscaping
The Lemon Grove Water Efficient Landscape Regulations in Chapter 18.44 of the LGMC require discretionary applications to provide a conceptual landscape plan that conforms to both the Zoning Ordinance and the aforementioned landscape regulations.

Landscaping requirements and the proposed landscape for the project are as follows:

Standard Required Provided
Min. 10% Landscape Area 10% (2,506 sf) 32 % (8,090 sf)
Min 25% Planted
Landscape
25% (6,264 sf) 27% (6,876 sf)
Required On-Site Trees 8 17
Required Street Trees 4 4
Screening
The cannabis regulations in Chapter 17.32 do not require on-site fencing, however, the project plans show a 6 foot high solid wood fence along the front property line. The Lemon Grove Sheriff’s Department review of the plans recommend a see-through fencing material for security purposes. This recommendation is included as a condition in the City Council resolution. The remainder of the perimeter of the site is bordered by existing chain link fencing which will remain in place.

Any new rooftop HVAC units must be screened. LGMC Section 17.24.050(E)(10) requires such units to be screened from the level of adjacent streets and walks while Section

17.24.040(C)(1) limits this screening, and any other rooftop appurtenance, to less than eight (8) feet in height. The new parapet wall on top of the existing building can provide effective HVAC screening. Screening of rooftop HVAC equipment is included as a condition in the city council resolution.

Trash
A trash refuse enclosure is proposed that is conditioned to meet current storm water requirements. Storm water review of the construction drawings, and inspections, ensure that the trash enclosure will have a permanent waterproof roof and be fully screened to prevent rainfall contact and wind dispersion of trash.

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Lighting
Crime Prevention Through Environmental Design (CPTED) principles encourage all exterior areas to be adequately lit. Exterior and interior security lighting and security cameras are included in the Operations Manual. Review of detailed security lighting plans will occur as part of the building permit for the project. In addition, LGMC Section

17.24.080 requires light fixtures to be maintained and adjusted to direct light away from adjacent streets and properties so as to prevent nuisance conditions.

Signage
Pursuant to sign ordinance Section 18.12.040(C), commercial uses are generally permitted up to three signs. The total allowable sign area permitted is 20% of the dispensary building wall facing Broadway, or approximately 96 sf. The proposed signage shown in the elevations consists of proposed painted signs “Earth” on the south facing parapet wall and “Ivy” on the east facing parapet wall. The total sign area of the proposed painted wall signs is approximately 34 sf. The existing billboard on the southwest corner of the site would remain.

Conclusion:

The City Council must make the following findings as stated in LGMC Section 17.28.050 in order to approve any conditional use permit application:

1. The use is compatible with the neighborhood or the community;

2. The use is not detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity;

3. The use complies with performance standards according to Section 17.24.080;

4. The use is consistent with applicable provisions of the particular zoning district and with policies and standards of the general plan.

Section 17.32.080 also requires the decision making authority consider:

5. Whether the approval of the proposed use will violate the minimum requirements set forth in chapter 17.32 for distance separations between establishments which dispense, process or cultivate medical marijuana; and separations between establishments which dispense, process or cultivate medical marijuana and other specific regulated or protected land uses as set forth in chapter 17.32; and.

6. Whether the proposed use complies with Title 17 of the Lemon Grove Municipal Code.

Staff believes that the required findings can be made in the affirmative and that required considerations were duly considered provided the conditions in the city council resolution of approval are observed. The application materials as presented and the corresponding conditions incorporate and reflect input from all City divisions, including: Building, Engineering, Heartland Fire & Rescue, Planning, Building, Sheriff’s Crime Prevention, and D-Max Engineering, the City’s storm water consultant.

CUP-200-0001
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This CUP is valid for one year, and will expire one year after approval of the CUP, unless extended by the City Council prior to the one year expiration date.

Environmental Review:

Not subject to review Negative Declaration
Categorical Exemption, Sections 15301 Mitigated Negative Declaration The project as proposed is categorically exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) per Section 15301 of the CEQA Guidelines.

The Class 1, Section 15301 Existing Facilities exemptions consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The CUP application seeks authorization to operate an existing structure in an urbanized area as a Medical Marijuana Dispensary and involves no expansion of the existing structure. This request is lesser in scale than the examples of Class 1 exemptions in the CEQA Guidelines, including those for additions resulting in a 50% increase in floor area up, to a maximum up 2,500 square-feet, and demolition of multifamily residential structures up to six (6) dwelling units in urban areas.

The CEQA Guidelines Section 15300.2 exceptions to categorical exemption use do not apply to the project. The subject property is within a built-out urban environment thus limiting potential for cumulative effects from successive projects and avoiding impacts to General Plan identified biological habitats or environmental resources of hazardous or critical concern. The project does not involve any other unusual circumstances that could potentially have a significant effect on the environment. The project site is not a hazardous waste site nor is it identified as such in any “Cortese List” including the DTSC EnviroStor database and State Water Resources Control Board GeoTracker tool. No impacts to scenic highways will occur as State Route 94 is not designated as, nor identified as eligible to be, a CalTrans scenic highway along city limits. Historic resources will not be impacted as the project site is not included in the San Diego County Historic Properties Data File nor the Lemon Grove Historical Society List of Historic Properties as referenced in the Lemon Grove General Plan Conservation and Recreation Element.

Fiscal Impact: No fiscal impact is associated with the approval of the CUP. Future sales of medical marijuana will generate additional sales tax and cannabis revenue to the City of Lemon Grove.

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April 19, 2022
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Public Notification: On April 8, 2022 the Notice of Public Hearing for this item was published in the San Diego Union Tribune and was mailed to all property owners within 1,000 feet of the subject property. Staff verified the presence of the public notice sign required by LGMC Section 17.28.020(F)(2) on April 7, 2022. The City of Lemon Grove did not receive any comments in response to the Notice of Public Hearing at the time this staff report was written. Staff will provide the City Council with any comments received after publication of this staff report.

Staff Recommendation:
1) Conduct the public hearing;
2) Receive Public Comment; and
3) Adopt a Resolution (Attachment A) conditionally approving Conditional Use Permit CUP-200-0001, a request to establish a medical marijuana dispensary at 8280 Broadway in the HC Zone pursuant to Municipal Code Chapter 17.32.

Attachments:

Attachment A – Resolution
Attachment B – Operations Manual
Attachment C – Project Plans
Attachment A
CUP-200-0001
April 19, 2022
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RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LEMON GROVE,

CALIFORNIA, CONDITIONALLY APPROVING CONDITIONAL USE PERMIT CUP-200-0001, A REQUEST TO ALLOW A MEDICAL MARIJUANA
DISPENSARY AT 8280 BROADWAY, LEMON GROVE, CALIFORNIA.

WHEREAS, the California voters approved Proposition 215 in 1996 to ensure that seriously ill Californians have the right to obtain and use cannabis for medical purposes and to encourage elected officials to implement a plan for the safe and affordable distribution of medicine; and
WHEREAS, in 2003, the California State Legislature adopted Senate Bill 420, the Medical Marijuana Program Act, to clarify and further implement Proposition 215 in part by authorizing patients and Primary caregivers to associate within the State of California in order to collectively or cooperatively cultivate cannabis for medical purposes; and
WHEREAS, in 2015, the California State Legislature adopted Assembly Bill 243, Assembly Bill 266, and Senate Bill 643, collectively known as the Medical Marijuana Regulation and Safety Act, to establish a statewide regulatory framework and establish the Bureau of Medical Marijuana Regulation for the regulation of medical marijuana activity occurring in jurisdictions across California; and WHEREAS, on November 8, 2016, voters in the City of Lemon Grove passed Measure V, an initiative removing the City's prohibition of medical marijuana dispensaries and establishing performance standards and a permit process by which medical marijuana dispensaries (MMDs) may be established, which is codified as Chapter

17.32 in the Lemon Grove Municipal Code (LGMC); and
WHEREAS, LGMC Section 17.32.090(B) establishes the distance requirements between dispensaries (including MMDs) as a regulated use and protected land uses, including public parks, playgrounds, licensed day care facilities, schools and alcohol and substance abuse treatment centers as defined in the LGMC; and WHEREAS, on April 5, 2022, the City Council denied an appeal of MUP-200- 0007 thereby granting approval of MUP-200-0007 for early separation findings; and Attachment A
CUP-200-0001
April 19, 2022
Page | 10
WHEREAS, on November 28, 2020, Pick Axe Holdings, LLC filed Conditional Use Permit application CUP-190-0002, a request to establish a MMD cannabis retail store at 8280 Broadway in the HC Zone, and on March 21, 2022 Community Development Department staff found the application complete; and
WHEREAS, Notice of the Public Hearing was given in compliance with Lemon Grove Section 17.28.020(F). On April 8, 2022, the Notice of Public Hearing for CUP-200- 0001 was published in the San Diego Union Tribune and mailed to all property owners within 1,000 feet of the subject property. Staff confirmed the presence of the required onsite public notice sign on April 7, 2022; and WHEREAS, the proposed project is categorically exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Existing Facilities; and WHEREAS, the Zoning Ordinance includes street improvement requirements per LGMC Chapter 12.10 and Section 17.24.010 (H). A clear nexus is made to require street improvements because: 1) this is the highest and best use of the property from a revenue standpoint; 2) the proposed use is higher intensity than typical retail uses and was not analyzed as a part of the General Plan Master Environmental Impact Report; 3) medical marijuana dispensary means persons with disabilities are likely to need access to the facility via vehicles or as a pedestrian or bicyclist; and 4) sidewalk and street improvements are largely supported by the General Plan Health & Wellness Element, Community Development Element, and Mobility Element policies; and WHEREAS, this permit does not excuse any owner or operator from complying with all applicable federal, state, county or local laws, ordinances or regulations. The owner or operator is required to determine if another permit or approval from any other agency or department is necessary. The City, by issuing this permit, does not relinquish its right to enforce any violation of law; and
WHEREAS, on April 19, 2022, City Council held a duly noticed public hearing to consider Conditional Use Permit application CUP-200-0001; and WHEREAS, the City Council determined that the following findings of fact can be made as required by LGMC Section 17.28.050(C):

Attachment A
CUP-200-0001
April 19, 2022
Page | 11

1. The use is compatible with the neighborhood or the community; LGMC Chapter 17.32 is the product of a 2016 citizen's initiative, Measure V, which explicitly authorized Medical Marijuana Dispensaries as a conditionally permissible land use. The proposed project is compatible with the community insofar as it is consistent with Chapter 17.32 which was codified at the direction of Lemon Grove voters. The design of the proposed use is compatible with surrounding properties and uses by orienting the entrance generally towards the parking lot with ample landscaping and security lighting.

2. The use is not detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity;
LGMC Chapter 17.32 is the product of a 2016 citizen’s initiative, Measure V, which explicitly authorized Medical Marijuana Dispensaries as a conditionally permissible land use. The Lemon Grove General Plan adopted in 1996 did not contemplate Medical Marijuana Dispensaries as a land use nor were the specific environmental impacts assessed pursuant to CEQA. The proposed project is consistent with the General Plan as a consequence of LGMC Chapter 17.32 which was codified at the direction of Lemon Grove voters. The proposed project as designed and conditioned avoids potential detriments to the health, safety, convenience or general welfare of persons residing or working in the vicinity.

3. The use complies with performance standards according to Section

17.24.080;
The proposed project replaces an existing commercial facility and would result in a reduction of 907 square feet of impervious surface area. No expansion of the existing floor area of the commercial building would occur. With the security measures outlined in the Operations Manual, the project would not create nuisances, hazards, or dangerous or objectionable effects from the operation of the proposed MMD cannabis retail store. The project site is located approximately 600 feet away from the nearest residential zone and would not create undesirable impacts on residential neighborhoods.

Attachment A
CUP-200-0001
April 19, 2022
Page | 12

4. The use is consistent with applicable provisions of the particular zoning district and with policies and standards of the general plan; LGMC Chapter 17.32 is the product of a 2016 citizen's initiative, Measure V, which explicitly authorized Medical Marijuana Dispensaries as a conditionally permissible land use. The proposed project is compatible with provisions of the Heavy Commercial zone insofar as it is consistent with Chapter 17.32 which was codified at the direction of Lemon Grove voters. The Lemon Grove General Plan adopted in 1996 did not contemplate Medical Marijuana Dispensaries but the project is consistent with the General Plan as a consequence of voter approval of Measure V.

WHEREAS, LGMC Section 17.32.080 also requires City Council to consider the following with the required Conditional Use Permit findings:

A. Whether the approval of the proposed use will violate the minimum requirements set forth in LGMC Chapter 17.32 for distance separations between establishments which dispense, process or cultivate medical marijuana; and separations between establishments which dispense, process or cultivate medical marijuana and other specific regulated or protected land uses as set forth in LGMC Chapter

17.32. The proposed location for a MMD cannabis retail store at 8280 Broadway would not violate the minimum distance separations between MMD establishments and other protected uses. The property at 8280 Broadway is approximately 5,894 feet from the nearest operating, or conditionally permitted, or proposed regulated use (3515 Harris St.). Staff found no evidence of any protected uses, including public parks, playgrounds, licensed day care facilities, schools and alcohol and substance abuse treatment centers as defined in the LGMC, within 1,000 feet.

Furthermore, the nearest protected use is approximately 1,065 feet from the proposed dispensary site when taking into account natural topographical barriers.

B. Whether the proposed use complies with Title 17 of the Lemon Grove Municipal Code.

Attachment A
CUP-200-0001
April 19, 2022
Page | 13
The proposed project as conditioned complies with LGMC Title 17 requirements.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lemon Grove, California, hereby approves Conditional Use Permit CUP-200-0001 and the site and architectural plans date stamped January 31, 2022 (incorporated herein by reference as Exhibit A), except as noted herein. This approval authorizes the establishment of a Medical Marijuana Dispensary at 8280 Broadway in the HC zone, subject to the following conditions:

1. Within (5) days of approval, the applicant shall submit the appropriate payment for the filing of the CEQA Categorical Exemption and County Clerk Processing Fee.

2. Prior to issuance of a building permit for the use authorized by this Conditional Use Permit the applicant shall comply with the following:
a. All physical elements of the proposed project shown on the approved plans date stamped November 22, 2021, except as noted herein, shall be located, constructed and maintained substantially where they are shown in accordance with applicable Lemon Grove Municipal Codes to the satisfaction of the Community Development Manager and City Engineer. b. All pre- and post-construction best management practices (BMPs) shall be maintained for the duration of the project.
c. Where storm water runoff flows into landscape areas, landscape areas shall be designed to retain/capture first-flush of smaller storm events but larger storms must be provided with an adequate drainage pathway with appropriate mitigation. Storm water review for compliance shall be a part of a landscape plan review and shall include details for construction BMPs.

Concrete curbs shall be installed around the entirety of landscape areas as required by 17.24.050(B)(6) with curb cuts provided to the satisfaction of the water quality reviewer. If infiltration is proposed, recommendations from a Soils or Geotechnical Engineer is required.
d. Wheel stops shall be installed at all parking spaces located along the perimeter of a parking lot adjacent to landscape areas and buildings to the satisfaction of the Community Development Manager.

Attachment A
CUP-200-0001
April 19, 2022
Page | 14
e. A Heartland Fire & Rescue hazardous materials questionnaire and delayed egress statement shall be submitted with the building permit application for review.
f. The applicant shall provide a letter detailing the security provisions for the dispensary and how the applicable Building and Fire Code requirements will be achieved for emergency ingress and egress.
g. Submit an application to be included into the Lemon Grove Lighting District. The property will be assessed annually.
h. A Public Improvement Plan that proposes street improvements as conditioned and required by the City of Lemon Grove Municipal Code

12.10.060 shall be approved by the City Engineer and an agreement to improve with all necessary securities shall be in place. i. All new dry utility distribution facilities within the boundaries of the proposed project shall be shown where appropriate and identified as to be placed underground.
j. Demonstrate on the site plan, or precise grading plan, that the accessible path of travel (POT), and ADA parking shown on the Site Plan by design or surveyed methods meets the requirements for accessibility. Show slopes and/or elevations and details of all Accessible signage required per the California Building Code in effect at the time of application. k. An encroachment permit with appropriate fees shall be required for all work proposed within the right-of-way.
l. Submit for Community Development Department approval, a detailed landscape and irrigation plan. Provide reference sheets for any grading and landscape erosion control plans. The plan shall indicate all surface improvements including, but not limited to, the design and locations of all walls, fences, driveways, walkways, botanical and common names of all plant materials, number, size and location of all plantings; all irrigation lines including valves and back-flow devices; and soil amendments. Said landscape plan shall comply with the requirements of Section 17.24.050(B) and Chapter 18.44 of the Municipal Code. The landscape plan shall be in substantial conformance to the approved landscape concept plan.

Attachment A
CUP-200-0001
April 19, 2022
Page | 15
m. Carbon filtration is required prior to air exiting any exhaust point. n. Locations of proposed Fire Extinguishers must be shown and shall be in compliance with the requirements of the adopted California Fire Code. o. All camera locations and entryway doors shall be properly secured and approved by the Sheriff’s Crime Prevention Officer.
p. A photometric lighting plan shall be provided with final lighting design.

Lighting shall be installed to adequately light the exterior and interior of the dispensary premises and conform with Section 17.24.080. q. All proposed improvements shall comply with Title 15 including Building and Fire Codes and ADA accessibility requirements as adopted and amended by the City Council.

3. Prior to the Issuance of a Grading and/or Public Improvement Permit, and/or during Grading Activities, the Applicant shall comply with the following. a. Per Lemon Grove Municipal Code Section 12.10.060, up to one half of the public street ultimate right-of-way abutting the subject property shall be improved with public street improvements for the entire length of the subject property abutting the public street so as to meet the current city adopted standards. This will require the submittal of improvement plans and associated documents to the Engineering Division for review, approval and issuance of an Improvement Permit. Should the existing street improvements meet current standards, or be in a condition satisfactory to the City Engineer, the City Engineer may waive this requirement, or portions thereof.

Public street improvements are defined in the Lemon Grove Municipal Code Section 12.10.020 as “curbs, gutters, sidewalks, driveways, paving, base material, alleys, street lights, traffic signals, signing, striping, storm drainage facilities, sewer and water facilities, the relocation and/or undergrounding of overhead utilities, fire hydrants, street trees, street landscaping and all necessary appurtenances” as applicable to the project.

Attachment A
CUP-200-0001
April 19, 2022
Page | 16
The property owner(s) shall furnish all of the following to the engineering division upon applying for a permit to construct public street improvements:
i. A street improvement plan prepared by a civil engineer registered in the state of California;
ii. An erosion control plan prepared by a civil engineer or landscape architect registered in the state of California;
iii. A landscape and irrigation plan prepared by a landscape architect registered in the state of California, if planting is required; iv. Engineering review fees for the construction permit as described in Section 12.10.070.
b. All dry utility distribution facilities within the boundaries of the proposed project shall be located underground. Per Lemon Grove Municipal Code Section 12.10.080, when public street improvements are required in accordance with Section 12.10.060, the property owner(s) shall underground or relocate all existing utility distribution facilities, including telecommunication lines, along the frontage of the subject property to the satisfaction of the City Engineer. The property owner(s) shall make the necessary arrangements with each of the serving utilities, including licensed telecommunication operators for the installation or relocation of such facilities.
c. An agreement to improve or install improvements which are to be located in the public right-of way and/or private easements is required. The applicant shall post a good and sufficient improvement security with the City comprised of a cash deposit or a combination of cash deposit and corporate surety bond of a surety authorized to do business in the state. The estimated cost of the work shall be determined by the city engineer after reviewing the civil engineer’s estimates.
d. An Encroachment, Maintenance, and Removal Agreement (EMRA) will be required prior to the Improvement Permit issuance. The EMRA will mandate the responsibility of the property owner to maintain any proposed Attachment A
CUP-200-0001
April 19, 2022
Page | 17
private improvements, including landscape and irrigation, within the public right-of-way, and removals as required by the City.
e. All existing survey monuments shall be shown on grading and public improvement plans. Prior to permit issuance, the Applicant, or Permittee shall retain the service of a professional Land Surveyor, L.S., or Civil Engineer authorized to practice Land Surveying who will be responsible for monument preservation and shall provide a corner record or record of survey to the County Surveyor as required by the Land Surveyors Act, if applicable, Section 8771 of the Business and Professions Code of the State of California.
f. All existing and proposed easements, public and private shall be shown on all plans submitted for review to the City including the building plans, grading plans, landscape plans, and public improvement plans. g. Maintain and show on the Grading and/or Public Improvement plans all “Sight zones” in conformance with the current Highway Design Manual approved by the city council at the time of development approval. Ten-foot Sight Zone triangles shall be maintained at the site driveway entrance. h. On-site drainage systems shall be designated and maintained as private. i. Submit for Traffic Control Permit for all work affecting vehicular or pedestrian traffic within the right-of-way on Broadway. Regional Standard drawings may be submitted as permitted by the City Engineer. j. Obtain and provide evidence of approval from the appropriate entities or agencies prior to commencing any work within a utility easement. k. Per the City of Lemon Grove Plan Grading Plan Submittal Checklist, applicants for all Grading and Improvement projects are required to submit and an Erosion Control Plan, minimum BMP Requirement notes and a WPCP where disturbed area equals or exceeds 5,000 square feet or a SWPPP where disturbed area exceeds one (1) acre.
l. A Covenant not to oppose the formation of a future utility undergrounding district shall be required. The City will prepare the agreement and will require the owner to sign and notarize.

Attachment A
CUP-200-0001
April 19, 2022
Page | 18
m. A Covenant not-to-oppose the formation of a future street improvement district shall be required. The City will prepare the agreement and will require the owner to sign and notarize.
n. A Covenant not-to-oppose the formation of a community facilities district shall be required. The City will prepare the agreement and will require the owner to sign and notarize.
o. All physical elements of the proposed project shown on the approved plans date stamped November 22, 2021, except as noted herein, shall be located, constructed and maintained substantially where they are shown in accordance with applicable Lemon Grove City Codes to the satisfaction of the Community Development Manager and City Engineer.

4. Prior to requesting a final inspection and occupancy of the structure, the applicant shall comply with the following:
a. Comply with Conditions 1 through 3 of this Resolution. b. All physical elements of the proposed project shown on the approved plans date stamped November 22, 2021, except as noted herein, shall be located, constructed and maintained substantially where they are shown in accordance with applicable Lemon Grove City Codes to the satisfaction of the Community Development Manager and City Engineer.
c. Buildings equipped with fire alarm systems shall be provided with Knox Box for emergency access.
d. A State license shall be required prior to commencing operations. The license must be maintained at all times.
e. The San Diego Air Pollution Control District Rule 55 requires compliance with standard fugitive dust control best management practices which will be required as a part of normal practices.
f. Dispensaries shall comply with the most recent adopted California Fire Codes and Standards.
g. A fire inspection is required prior to a certificate of occupancy or business license being issued. The applicant shall ensure the dispensary is set up and ready for operation prior to the fire inspection.

Attachment A
CUP-200-0001
April 19, 2022
Page | 19
h. Parking areas and striping shall comply with current standards and damaged paving shall be repaired and maintained in a good condition.

Designated parking spaces are prohibited on-site.
i. A bicycle rack with capacity for a minimum of two (2) bicycles shall be provided on the property.
j. A City Business License shall be obtained.
k. Provide copies of all IRS and State Franchise Board filings within 30 days of filing.
l. The location of the dispensary shall include the installation of a centrally monitored alarm system.
m. Windows and glass panes shall have vandal-resistant glazing, shatter resistant film, or glass block equipped with appropriate access to allow exit in the event of an emergency in compliance with Fire Code as adopted and amended by the City Council.
n. All emergency exits shall be solid core doors featuring hinge-pin removable deterrence. Emergency exit doors shall have latch guards at least 12 inches in length protecting the locking bolt area. Latch guards shall be a minimum

0.125-inch thick steel, affixed to the exterior of the door with non-removable bolts, and attached so as to cover the gap between the door and the doorjamb for a minimum of six inches both above and below the area of the latch.
o. Windows vulnerable to intrusion by a vehicle must be protected by bollards or landscaping grade separation reasonably sufficient to prevent such intrusion.
p. Vehicular sight distance of all driveway entrances shall be to the satisfaction of the City Engineer.
q. Damaged paving shall be repaired and parking area striped consistent with LGMC Section 17.24.010.
r. Street numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations so as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, Attachment A
CUP-200-0001
April 19, 2022
Page | 20
and shall meet the following minimum standards as to size: minimum eight inches (8”) high with a one-half inch (1/2”) stroke for commercial, multiresidential buildings, and industrial buildings. Additional numbers shall be required where deemed necessary by the Fire Marshal, such as rear doors, building corners, and entrances to commercial centers. The Fire Marshal may require larger address numbers based on visibility and the need of emergency response personnel.

5. Upon establishment of use in reliance with this Conditional Use Permit, the applicant shall comply with the following:
a. Comply with Conditions 1 through 4 of this Resolution. b. All physical elements of the proposed project shown on the approved plans date stamped November 11, 2100, except as noted herein, shall be located, constructed and maintained substantially where they are shown in accordance with applicable Lemon Grove City Codes to the satisfaction of the Community Development Manager and City Engineer.
c. Operating procedures as described in the approved Operations Manual shall be observed except as noted herein.
d. If during employment with the dispensary, a director or employee is convicted of a crime identified in California Penal Code Section 1192.7, subdivision (c), and Health and Safety Code Section 11359 shall be immediately dismissed from employment or required to resign as a corporate board member or officer. For purposes of this section, a conviction in another state that would have been a conviction equivalent under California law to those convictions specified in this section will disqualify the person from employment or volunteering at the dispensary. e. Dispensaries shall have at least one uniformed security guard on duty during operating hours that possess a valid Department of Consumer Affairs “Security Guard Card.”
f. Dispensaries shall designate a community relations liaison (liaison) who shall be at least eighteen years of age. The liaison may also be the director of the dispensary. To address community complaints or operational problems with the dispensaries, the individual designated as the Attachment A
CUP-200-0001
April 19, 2022
Page | 21
community relations liaison shall provide his or her name, phone number and email address to the following:
i. Lemon Grove city manager;
ii. San Diego County sheriff’s department personnel supervising law enforcement activity in Lemon Grove; and
iii. All neighbors within one hundred feet of the dispensary. g. City code enforcement officers, San Diego sheriff’s department staff, and any other employee of the City requesting admission for the purpose of determining compliance with the standards set forth in this section shall be given access to the premises. City and sheriff staff shall not retain information pertaining to individual patient records viewed during an inspection, and information related to individual patients shall not be made public. Inspectors will give reasonable notice of a scheduled inspection.

Unannounced inspections of a dispensary may occur if city or sheriff’s department staff have probable cause that the collective is violating the law.

The dispensary must maintain compliance with inspection requirements as outlined in Section 17.32.090(C)(5) at all times.
h. The on-site display of unprocessed marijuana plants or representations of marijuana plants in any areas visible to the public is prohibited. i. Dispensaries shall submit an “annual performance review report” for review and approval by the Community Development Manager. The “annual performance review report” is intended to identify effectiveness of the approved CUP, operations manual, and conditions of approval, as well as any proposed modification to procedures as deemed necessary. The Community Development Manager may review and approve amendments to the approved “operations manual”; and the frequency of the “annual performance review report.” Medical marijuana cultivation, manufacturing and dispensing monitoring review fees pursuant to the current Master Fee Schedule shall accompany the “annual performance review report” for costs associated with the review and approval of the report.
j. Maintain a waste disposal plan detailing plans for disposal of chemicals and plant waste.

Attachment A
CUP-200-0001
April 19, 2022
Page | 22
k. If the owners or operators of the Dispensary are a Limited Liability Company (LLC), corporation or trust, the names and addresses of all officers and designated signatories of the legal entities shall be provided to staff and shall be maintained in the CUP project files. The City shall be notified within 30 days of all changes to the property and business ownership including officers and designated signatories. l. The use of musical instruments and sound amplification devices on-site is prohibited at all times.
m. All exits shall be readily accessible without delay or hindrance. n. Blocking or covering of egress windows is prohibited. o. All facilities shall be subject to review by the Fire Department at all times. p. Nuisance odor complaints shall be filed with the Department of Environmental Health.
q. Sleeping within the facility and residential occupancy is prohibited. r. The dispensary shall post and maintain professional quality sign facing the parking lot(s) and the entrance that reads “No loitering; no littering; violators subject to arrest” in English and Spanish in accordance with LGMC. Loitering prohibitions shall be strictly enforced on-site. s. The Operating Standards as outlined in Section 17.32.090(C)(7) shall be observed and adhered to at all times.
t. The business shall be subject to local taxes and fees. u. A compliance inspection shall be conducted quarterly to ensure operations are in compliance with conditions of approval and other applicable regulations.
v. The City or its designee may examine the records of licensees and inspect the premises of a licensee as the licensing authority as may be authorized by law. The City or its designee shall have access to any licensed medical marijuana facility for inspection of the facility, the employees and records (HIPPA compliance rules apply) during any normal business hours or at any other reasonable time. Licensees shall provide and deliver records to the licensing authority upon request (Business and Professions Code 19327(c).) Authorized regulatory staff shall be allowed access to the premises in Attachment A
CUP-200-0001
April 19, 2022
Page | 23
accordance with State law (Business and Professions Code 19311 (e); 19327 (c)). Compliance inspections shall be conducted by HDL (contracted) and City staff with time expensed to and paid by the MMD operator to ensure operations are properly inspected in compliance with conditions of approval and other applicable regulations.
w. Disposal of any unused or unwanted medical marijuana shall undergo a special process and shall not be disposed of as or with routine garbage. x. Business activities shall be limited to medical and recreational marijuana dispensaries only or additional uses based on applicable regulations at the time of the request.
y. Deliveries from the facility shall be prohibited, except as conducted by qualified patients and/or the Primary caregiver of the qualified patient, where the quantity transported and the method, timing and distance of the transportation are reasonably related to the medical needs of the qualified patient.
z. The cultivation of medical marijuana on-site is prohibited. If cultivation is permissible, a conditional use permit modification may be required based on applicable regulations at the time of the request.
aa. The use of generators on-site is prohibited, unless authorized by the Community Development Manager for emergency purposes.
bb.Loitering and outdoor events shall be prohibited on the subject property. cc. Complaints related to noise and smell shall require professional investigation paid by the MMD operator with analysis and appropriate mitigation.
dd.The site shall be well lit, but glare shall be prohibited onto adjacent properties or onto the public right-of-way. All light fixtures shall be maintained and adjusted to reflect light downward, away from any road or street, and away from any adjoining premises. Glare from proposed roof and siding materials and signage shall be considered and designed to minimize impacts onto adjacent properties and the public right-of-way. ee. The building façade shall be well maintained at all times. ff. All graffiti and trash and debris shall be removed daily.

Attachment A
CUP-200-0001
April 19, 2022
Page | 24
gg. Except for designated employees, no persons shall be allowed within the tenant space except during normal business hours.
hh.All site Crime Prevention Through Environmental Design (CPTED) recommendations shall be implemented and adhered to all times. ii. Sheriff “No Trespass” authorizations to enter and conduct enforcement on the subject property shall be completed and current at all times (renewed every 30 days).
jj. Consumption, sampling, smoking or ingestion of alcohol, tobacco and marijuana products is prohibited on the subject property. kk.All activities associated with the business shall be conducted indoors. ll. Landscape shall be maintained in good condition at all times. mm. The new 6’-0” wood fence proposed along the front property line shall be replaced with decorative see-through fencing material. All front vehicle and pedestrian gates shall match the decorative see-through front fencing. The use of barbed wire or razor ribbon on any fences, gates or walls is prohibited.
nn.The hours of operation shall be restricted to 6am to 10pm seven days a week only.
oo.All temporary signs are prohibited on-site.
pp.A minimum of two employees and one Director is required per facility (three persons total) upon application. Live Scan background check shall be provided to the City prior to employment of all employees or a new Director and prior to commencing operations.
qq.Verification shall be provided as a part of annual renewal submittals. A log of all persons entering the facility shall be kept on-site indicating the name, mailing address, phone and MMIC numbers and if product was purchased from the facility.
rr. No outdoor storage of equipment, materials or fleet vehicles is permitted without modification of the Conditional Use Permit.
ss. This project approval does not include signage and sign permits shall be obtained prior to installation. All signage for dispensaries shall require a sign permit from the City prior to installation. Signage shall not include any Attachment A
CUP-200-0001
April 19, 2022
Page | 25
terminology (including slang) or symbols for marijuana. Green crosses are not considered terminology, slang, or symbols for marijuana. All signs shall conform to the Municipal Code Section 18.12.
tt. All cultivation, manufacturing and distributor sources shall maintain a State license. Distributors shall maintain a Type 11 Distributor License and a copy of the executed contract between the cultivator and distributor shall be on-file at all times.
uu.Cooking and processing of food or marijuana products is prohibited. vv. The use of vending machines is prohibited on-site. A vending machine is any device which allows access to medical marijuana without a human intermediary.
ww. All temporary uses in accordance with Section 17.29.040 shall be prohibited on-site.
xx. Food trucks and catering shall be prohibited on-site. Food and beverage and/or charitable offerings or solicitations to patrons shall be prohibited on-site.
yy. Recreational activities and games of chance shall be prohibited on-site. zz. Prior to operation and annually thereafter, a record of Sheriff and Fire service calls shall be provided to the City of Lemon Grove for assessment. aaa. The uniformed security guard on duty shall have an issued Private Patrol Operator number and a valid Department of Consumer Affairs “Security Guard Card” on their possession at all times. A copy of the security guard contract shall be reviewed and approved by the Sheriff’s Department.

The Security Guard uniform shall be approved by the Bureau of Security and Investigative Services (BSIS).
bbb. No persons under the age of eighteen are allowed at, in or at a MMD facility, unless such individual is a qualified patient and accompanied by their licensed attending physician, parent or documented legal guardian. ccc. Plant materials in the front yard setback shall be no greater than 18 inches in height and tree canopies shall be maintained at eight feet high above grade.

Attachment A
CUP-200-0001
April 19, 2022
Page | 26
ddd. All cannabis products shall be tracked, tested, sealed and labeled at a minimum by State Medical Cannabis Regulation Act and as it may be amended.
eee. All records related to cannabis activity shall be maintained a minimum of seven years.
fff. All activities involving the transportation of marijuana for a dispensary shall comply with California State Regulations, restrictions and guidelines, as enumerated in Division 8, Chapter 3.5 of the California Business and Professions Code, and established by the Bureau of Medical Marijuana Regulations. Delivery services are prohibited, unless applicable regulations at the time of the request permit delivery services.
ggg. The doors and windows shall remain closed and the air conditioning system utilized during hours of operation to reduce noise and odor impacts in the surrounding neighborhood.
hhh. The project shall conform to all performance standards of Municipal Code Section 17.24.080.
iii. Proper drainage shall be maintained throughout this property so as to prevent ponding and/or storage of surface water.
jjj. Clear and well-lit addresses shall be maintained on-site and shall be visible from the public street in all directions to the satisfaction of the Fire Marshal. kkk. All trash, recycling, and refuse containers must be stored within the attached storage room, as shown on the Conditional Use Permit site plan and are only permitted to be outside said building for scheduled trash service.
lll. Each violation on the subject property shall be deemed a separate offense subject to daily administrative citations and fines to both the property and the business owners for each violation in accordance with LGMC Chapter

1.24. Violations of this CUP may result in the noticing of a public hearing for consideration by the City Council to revoke the Conditional Use Permit in accordance with LGMC Title 17. If considered for revocation, the City Council shall consider the impact of the violation(s) on public health and Attachment A
CUP-200-0001
April 19, 2022
Page | 27
safety and the Permit Holder’s ability and willingness to rectify the violation in a timely manner to minimize the impact on public health and safety. mmm. The CUP shall be renewed three years after commencing operations.

The City Council can deny a CUP renewal if it’s determined that the MMD has operated contrary to the conditions of approval and the requirements of the LGMC, or if the MMD has become a public nuisance. nnn. A conditional use permit modification is required prior to transfer of ownership or change in business name.

6. The applicant, project proponents, operators and owners of the subject property and the MMD shall indemnify, protect, defend, and hold harmless, the City and any agency thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, or agents to attack, set aside, void, or annul, an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board, or legislative body, including actions approved by the voters of the City, concerning the project. City shall promptly notify the applicant/subdivider of any claim, action, or proceeding brought within this time period, and City shall further cooperate fully.

7. The terms and conditions of the Conditional Use Permit shall be binding upon the permittee and all persons, firms, and corporations having an interest in the property subject to this Conditional Use Permit and the heirs, executors, administrators, successors, and assigns of each of them, including municipal corporations, public agencies, and districts.

8. This Conditional Use Permit expires April 19, 2023 (or such longer period as may be approved by the City Council of the City of Lemon Grove prior to said expiration date) unless all requirements of this Conditional Use Permit have been met prior to said expiration date.

PASSED AND ADOPTED on April 19, 2022 the City Council of the City of Lemon Grove, California, adopted Resolution No. _______, passed by the following vote:

AYES:

Attachment A
CUP-200-0001
April 19, 2022
Page | 28
NOES:

ABSENT:

ABSTAIN:
__________________________
Racquel Vasquez, Mayor
Attest:
__________________________
Audrey Malone, City Clerk
Approved as to Form:
_________________________
Kristen Steinke, City Attorney

NOTE: ALL IDEAS, DESIGNS, ARRANGEMENTS, AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING AREA OWNED BY, AND THE PROPERTY OF ACI ARCHITECTURAL CONCEPTS, INC. AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON, AND IN CONNECTION WITH, THE SPECIFIED PROJECT. NONE OF SUCH IDEAS, DESIGNS ARRANGEMENTS OR PLANS SHALL BE USED WITHOUT THE WRITTEN PERMISSION OF ACI ARCHITECTURAL CONCEPTS, INC. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE RESPOSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE JOB, AND THIS OFFICE MUST BE NOTIFIED OF ALL VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN BY THESE DRAWINGS. 3958 FIRST AVE., SAN DIEGO, CA 92103 619.531.0110 [email protected]

ARCHITECTURAL
CONCEPTS, INC. REVISION #: DATE ISSUE: DATE
PROJECT NO.

CREATED:

DRAWN :

CHECKED: 8280 BROADWAY LEMON GROVE, CA 91945 EARTH & IVY CUP PLOT DATE:

ARCHITECTURAL
A0.0 TITLE SHEET
T-1 TOPOGRAPHIC PLAN
C-1 CONCEPTUAL GRADING PLAN
C-2 CONCEPTUAL GRADING PLAN
PS-1 PHOTOGRAPHIC SURVEY 1
PS-2 PHOTOGRAPHIC SURVEY 2
A1.0 SITE PLAN
CLIP-1 LANDSCAPE PLAN
A1.1 DEMOLITION PLAN
A1.2 FLOOR PLAN
A1.3 EXISTING ROOF PLAN
A1.4 NEW ROOF PLAN
A1.5 LIGHTING PLAN
A1.6 SECURITY PLAN
A2.0 EXTERIOR ELEVATIONS
A2.1 EXTERIOR ELEVATIONS

EARTH AND IVY

CONDITIONAL USE PERMIT
8280 BROADWAY
LEMON GROVE, CA 91945
ARCHITECTURAL CONCEPTS INC.
3958 FIRST AVENUE
SAN DIEGO, CA. 92103
TEL: 619.531.0110
CONTACT: MARGIT WHITLOCK AIA
EMAIL: [email protected]

ARCHITECT
OWNER:

DRAWING LIST 7 APPLICABLE CODES 11 PROJECT TEAM 8
TENANT
NORTH

LANDSCAPE ARCHITECT

CIVIL ENGINEER
VICINITY MAP N.T.S. 1
PROJECT DATA 3
SCOPE OF WORK:

THE PROPOSED PROJECT CONSISTS OF AN EXISTING SINGLE STORY COMMERCIAL BUILDING WITH AN APPROXIMATE SQUARE FOOTAGE OF 1,476 SF

TO BE CONVERTED INTO A MEDICAL MARIJUANA DISPENSARY LOCATED AT 8280 BROADWAY, LEMON GROVE CA. 91945.
- THE SCOPE OF THE PROJECT IS TO INCLUDE THE FOLLOWING:

INTERIOR REMODEL OF EXISTING STRUCTURE WITH NON-STRUCTURAL AND NON-LOAD

BEARING WALLS
- SITE MODIFICATIONS TO INCLUDE:

PARKING LOT RE-STRIPPING
PEDESTRIAN ACCESS FROM THE PARKING LOT AND EXISTING RIGHT OF WAY. - MISC. SITE IMPROVEMENTS SUCH AS LIGHTING, FENCING AND SECURITY CAMERAS SCOPE OF WORK 4
ASSESSOR PARCEL NO. 499-200-22-00
LEGAL DESCRIPTION: TR 330 LOT 12*DOC01-536281 IN\
HISTORIC: NO
SPRINKLERED / FIRE ALARM:

OCCUPANCY TYPE:

ZONING:

PARCEL SIZE: 0.68 ACRES (29,729)
HC
PARKING:

CONSTRUCTION TYPE: TYPE VB (NOT SPRINKLERED)

NO / NO
AREA OF WORK: 1476 SQ FT
B (BUSINESS) · EXISTING USE: AUTOMOTIVE GARAGE
· PROPOSED USE: MEDICAL MARIJUANA DISPENSARY
24 PARKING SPACES TOTAL
2 ACCESSIBLE PARKING SPACES
REFER TO A1.0 - SITE PLAN
YES
YEAR BUILT: -

SNIPE AND DYE ASSOCIATES
8348 CENTER DRIVE, SUITE G
LA MESA, CA 91942-2910
TEL: PHONE: (619) 697-9234
CONTACT: SON P NGUYEN
EMAIL: [email protected]
1476 SQ. FT.

BUILDING SIZE: TOTAL AREA SQ. FT.

BUILDING HEIGHT:
16'-2"

TOTAL HEIGHT
NO. STORIES:
1 TOTAL NO. STORIES

SAM WADE LANDSCAPE ARCHITECT
2204 GARNET AVENUE, SUITE 205
SAN DIEGO, CA 92109
PH. 858-270-8688 O
EMAIL:[email protected]
2019 CALIFORNIA BUILDING CODE (CBC) PART 2 OF TITLE 24
2019 CALIFORNIA ELECTRICAL CODE (CEC) PART 3 OF TITLE 24 2019 CALIFORNIA MECHANICAL CODE (CMC) PART 4 OF TITLE 24 2019 CALIFORNIA PLUMBING CODE (CPC) PART 5 OF TITLE 24
2019 CALIFORNIA ENERGY CODE / ENERGY EFFICIENCY STANDARDS (CEC / EES) PART 6 OF TITLE 24 2019 CALIFORNIA FIRE CODE (CFC) PART 9 OF TITLE 24
2019 CALIFORNIA EXISTING BUILDING CODE (CEBC) PART 10 OF TITLE 24 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE (CGBC) PART 11 OF TITLE 24 2019 CALIFORNIA REFERENCE STANDARD CODE (CRSC) PART 12 OF TITLE 24

CITY OF SAN DIEGO MUNICIPAL CODE (SDMC)
MATTAR FAMILY TRUST OF 1990
4395 ALTA MIRA DR. LA MESA, CA 91941

PICK AXE HOLDINGS LLC
8280 BROADWAY LEMON GROVE CA 91945
TEL: (619) 847-8264
CONTACT: CHRISTOPHER WILLIAMS
EMAIL: [email protected]

LOCATION
A0.0
- QD
2021-11-22
2103
2021-11-22 TITLE SHEET
T-1 8348 CENTER DRIVE, SUITE G, LA MESA, CA 91942-2910 (619) 697-9234, FAX (619) 460-2033 SNIPES-DYE ASSOCIATES C-1 8348 CENTER DRIVE, SUITE G, LA MESA, CA 91942-2910 (619) 697-9234, FAX (619) 460-2033 SNIPES-DYE ASSOCIATES Snipes-Dye associates
civil engineers and land surveyors
C-2 8348 CENTER DRIVE, SUITE G, LA MESA, CA 91942-2910 (619) 697-9234, FAX (619) 460-2033 SNIPES-DYE ASSOCIATES Snipes-Dye associates
civil engineers and land surveyors
NOTE: ALL IDEAS, DESIGNS, ARRANGEMENTS, AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING AREA OWNED BY, AND THE PROPERTY OF ACI ARCHITECTURAL CONCEPTS, INC. AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON, AND IN CONNECTION WITH, THE SPECIFIED PROJECT. NONE OF SUCH IDEAS, DESIGNS ARRANGEMENTS OR PLANS SHALL BE USED WITHOUT THE WRITTEN PERMISSION OF ACI ARCHITECTURAL CONCEPTS, INC. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE RESPOSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE JOB, AND THIS OFFICE MUST BE NOTIFIED OF ALL VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN BY THESE DRAWINGS. 3958 FIRST AVE., SAN DIEGO, CA 92103 619.531.0110 [email protected]

ARCHITECTURAL
CONCEPTS, INC. REVISION #: DATE ISSUE: DATE
PROJECT NO.

CREATED:

DRAWN :

CHECKED: 8280 BROADWAY LEMON GROVE, CA 91945 EARTH & IVY CUP PLOT DATE:

LIMITS OF PROJECT

AREA NOT IN

SCOPE OF WORK

DIMENSION
6'-2 1/2"

PROPERTY LINE

NORTH ARROW
2 3
4 1

SURVEY VIEW

LOCATIONS
6 8
7 23
18 19
24 4
28 17
26 14
13 15
9 10
SITE PLAN - PHOTOGRAPHY SURVEY KEY 1" = 30'-0" 1
.

1. REFER TO PHOTOGRAPHIC SURVEY

2. REFER TO SITE PLAN A1.0 FOR STREET ELEMENT LEGEND
SHEET LEGEND AND GENERAL NOTES . 2
.

PS-1
- SR
2021-11-22
2103
2021-11-22 PHOTOGRAPHIC SURVEY
VIEW 10 -NORTHWEST FAÇADE AND SHEDS AT PARKING.
.

VIEW 9 - SOUTHWEST FAÇADE AT PARKING .
.

VIEW 1 - NORTHWEST FACADE ALONG BROADWAY .
.

VIEW 3 - NORTHWEST PERIMETER ALONG BROADWAY .
.

VIEW 5 - NORTHWEST VIEW ALONG BROADWAY .
.

VIEW 2 - NORTHWEST PERIMETER ALONG BROADWAY . 6
.

VIEW 4 - NORTHWEST PERIMETER ALONG BROADWAY .
.

VIEW 6 - NORTHWEST FAÇADE ALONG BROADWAY .
.

VIEW 7 - NORTHWEST VIEW ALONG BROADWAY .
. VIEW 8 - NORTHEAST VIEW ALONG BROADWAY ..
1 2
3 5
11 12
16 20
21 9
22 27
VIEW 11 - SOUTHWEST SHED AT PERIMETER .
.

ARCHITECTURAL
CONCEPTS, INC. REVISION #: DATE ISSUE: DATE
PROJECT NO.

CREATED:

DRAWN :

CHECKED: 8280 BROADWAY LEMON GROVE, CA 91945 EARTH & IVY CUP PLOT DATE:

VIEW 13 - SOUTHWEST SHED AT PARKING .
. VIEW 17 - NORTHEAST CORNER OF PERIMETER ..

PS-2
- SR
2021-11-22
2103
2021-11-22 PHOTOGRAPHIC SURVEY
VIEW 14 - ORTHWEST SHED AND CONTAIN. AT CORNER.
. VIEW 18 - NORTHEAST PERIMETER AT PARKING ..

VIEW 23 - SOUTHEAST PERIMETER AT PARKING .
.

VIEW 24 -SOUTHWEST FAÇADE AND PERIM. AT PARKING.
.

VIEW 25 - SOUTHWEST FAÇADE .
.

VIEW 19 - NORTHEAST PERIMETER AT PARKING .
.

VIEW 20 - NORTHEAST CORNER AT PERIMETER .
.

VIEW 21 - SOUTHEAST GATE AT PERIMETER .
.

VIEW 27 - NORTHWEST FAÇADE .
.

VIEW 22 - SOUTHEAST GATE AT PERIMETER .
.

VIEW 15 - NORTHWEST PERIMETER AT PARKING .
.

VIEW 16 - NORTHEAST CORNER OF PERIMETER .
. VIEW 12 -NORTHWEST SHED AT CORNER OF PERIMETER..

VIEW 26 - NORTHWEST FAÇADE .
.

DRAFTING SYMBOLS
2 147 / 100 17 AREA OF SPACE / SF PER OCCUPANT NUMBER OF OCCUPANTS NUMBER OF OCCUPANTS AND EGRESS DIRECTION LIMITS OF OCCUPANCY AREA -DIAGONAL DISTANCES AT LONGEST OF SPACE. -EXITS ACCESS DISTANCES BETWEEN EXITS, WHERE MORE THAN ONE REQUIRED ACCESSIBLE ROUTE TO STREET AND ACCESSIBLE PARKING X = 7'-0" SECTION DETAIL (E) EXISTING NORTH ARROWDETAIL BUBBLE DIMENSION 6'-2 1/2" FIRE HYDRANT - REF. VICINITY MAP PROPERTY LINE EXIT SIGNAGE W/ STROBE, TYP. FIRE EXTINGUISHER E ACCESSIBLE PATH OF EGRESS COMMON PATH OF EGRESS MAXIMUM TRAVEL DISTANCE ACC. PATH TO ACC. TOILETS 2 A-XXX
2 A-XXX EXIT SIGNS- CEILING & WALL MOUNTED, & DIRECTIONAL. TYP. AREA N.I.C. (NOT IN OCCUPANCY CALCULATIONS) (N) NEW "CUMULATIVE" NUMBER OF OCCUPANTS AND EGRESS DIRECTION 17 S(mo) S(mo) S(mo)

OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH 1 ACC. VAN 2 ACC. 11 12 13 10 9 8
7 6
5 4
3 15 16 17 18 19 20 21 22 23 24 14 EMPLOYEE ENTRY (E) 1-STORY BUILDING 24 SPACE PARKING AREA 28' WIDE 2-WAY VEHICULAR TRAFFIC 24' WIDE 2-WAY VEHICULAR TRAFFIC 21' WIDE DRIVEWAY ACCESS (N) (N) GATE GATE (N) STEPS ENTRY RAMP

RAMP FOUNTAIN RETAINING WALL (N) STEPS
ACCESSIBLE RAMP T R NEW 6'-0" WOOD FENCE SITE PLAN 1/16" = 1'-0" 7 SITE PLAN LEDGEND N.T.S.
3 A1.0
- YC 2021-11-22 2103 2021-11-22

SITE PLAN
NOTE: ALL IDEAS, DESIGNS, ARRANGEMENTS, AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING AREA OWNED BY, AND THE PROPERTY OF ACI ARCHITECTURAL CONCEPTS, INC. AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON, AND IN CONNECTION WITH, THE SPECIFIED PROJECT. NONE OF SUCH IDEAS, DESIGNS ARRANGEMENTS OR PLANS SHALL BE USED WITHOUT THE WRITTEN PERMISSION OF ACI ARCHITECTURAL CONCEPTS, INC. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE RESPOSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE JOB, AND THIS OFFICE MUST BE NOTIFIED OF ALL VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN BY THESE DRAWINGS. 3958 FIRST AVE., SAN DIEGO, CA 92103 619.531.0110 [email protected] ARCHITECTURAL CONCEPTS, INC.

REVISION #: DATE ISSUE: DATE PROJECT NO. CREATED: DRAWN : CHECKED:
8280 BROADWAY
LEMON GROVE, CA 91945

EARTH & IVY
CUP PLOT DATE: NORTH VICINITY MAP N.T.S. 1 LOCATION
N

ELEC
PANL 1 9 99 2 9
102 2 2 2 2 2 2
10 10 3 3 2 2
10 8 6
10 10 7 7 7 123456789
10 NOTE: ALL IDEAS, DESIGNS, ARRANGEMENTS, AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING AREA OWNED BY, AND THE PROPERTY OF ACI ARCHITECTURAL CONCEPTS, INC. AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON, AND IN CONNECTION WITH, THE SPECIFIED PROJECT. NONE OF SUCH IDEAS, DESIGNS ARRANGEMENTS OR PLANS SHALL BE USED WITHOUT THE WRITTEN PERMISSION OF ACI ARCHITECTURAL CONCEPTS, INC. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE RESPOSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE JOB, AND THIS OFFICE MUST BE NOTIFIED OF ALL VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN BY THESE DRAWINGS. 3958 FIRST AVE., SAN DIEGO, CA 92103 619.531.0110 [email protected]

ARCHITECTURAL
CONCEPTS, INC. REVISION #: DATE ISSUE: DATE
PROJECT NO.

CREATED:

DRAWN :

CHECKED: 8280 BROADWAY LEMON GROVE, CA 91945 EARTH & IVY CUP PLOT DATE:

DEMOLITION PLAN 3/8" = 1'-0" 4 NWALL LEGEND NTS 4
GENERAL NOTES NTS 3
DEMOLITION PLAN NOTES NTS 2
A1.1 - QD
2021-11-15
2103
2021-11-18 DEMO PLAN
1 234567891011 EP LOBBY 100 STAFF LOUNGE/ OFFICE 101 UNISEX RESTROOM 102 EMPLOYEE ENTRY 103 OFFICE 104 STORAGE 105 RETAIL SALES 106 DISPENSARY 107 1 5 42'-1"
7'-8" 22'-0"
5'-0" 8'-1"
2'-7"
38'-7" 13'-1
1 2
" 1'-9" 8'-10
1 2
"
17'-0"
1'-6"
4'-0" 2'-0" 13'-1" 1'-9" 15'-0" 19'-0" 6'-10" 7'-7"
5'-0" 10'-3"
5'-0" 7'-1" 2'-9
1 2
"
17'-4" 5'-7"
7'-6" 10'-7" 3'-0" 8'-5
1 2
" 3'-6"
6'-4"
11'-8" 1'-9" 9'-5" 14'-0" 2'-3" 4'-1
1 2
" 4'-4" 2'-4" 13'-7"
2'-4" 10'-0
1 2
" 5'-3" 3'-11" 5'-8" EXIT ENTRANCE
NOTE: ALL IDEAS, DESIGNS, ARRANGEMENTS, AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING AREA OWNED BY, AND THE PROPERTY OF ACI ARCHITECTURAL CONCEPTS, INC. AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON, AND IN CONNECTION WITH, THE SPECIFIED PROJECT. NONE OF SUCH IDEAS, DESIGNS ARRANGEMENTS OR PLANS SHALL BE USED WITHOUT THE WRITTEN PERMISSION OF ACI ARCHITECTURAL CONCEPTS, INC. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE RESPOSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE JOB, AND THIS OFFICE MUST BE NOTIFIED OF ALL VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN BY THESE DRAWINGS. 3958 FIRST AVE., SAN DIEGO, CA 92103 619.531.0110 [email protected] ARCHITECTURAL CONCEPTS, INC.

REVISION #: DATE ISSUE: DATE PROJECT NO. CREATED: DRAWN : CHECKED:
8280 BROADWAY
LEMON GROVE, CA 91945

EARTH & IVY
CUP PLOT DATE: FLOOR PLAN 3/8" = 1'-0"
8 WALL LEGEND NTS
4 GENERAL NOTES NTS3 FLOOR PLAN NOTES NTS2 A1.2
- YC 2021-11-22 2103 2021-11-22
FLOOR
PLAN
N
1 SLOPE
ROOF
EXIST.

SLOPE
ROOF
EXIST. SKYLIGHT (E) SKYLIGHT (E) SKYLIGHT (E)
1 1
1 NOTE: ALL IDEAS, DESIGNS, ARRANGEMENTS, AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING AREA OWNED BY, AND THE PROPERTY OF ACI ARCHITECTURAL CONCEPTS, INC. AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON, AND IN CONNECTION WITH, THE SPECIFIED PROJECT. NONE OF SUCH IDEAS, DESIGNS ARRANGEMENTS OR PLANS SHALL BE USED WITHOUT THE WRITTEN PERMISSION OF ACI ARCHITECTURAL CONCEPTS, INC. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE RESPOSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE JOB, AND THIS OFFICE MUST BE NOTIFIED OF ALL VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN BY THESE DRAWINGS. 3958 FIRST AVE., SAN DIEGO, CA 92103 619.531.0110 [email protected] ARCHITECTURAL CONCEPTS, INC.

REVISION #: DATE ISSUE: DATE PROJECT NO. CREATED: DRAWN : CHECKED:
8280 BROADWAY
LEMON GROVE, CA 91945

EARTH & IVY
CUP PLOT DATE: EXISTING ROOF PLAN 3/8" = 1'-0"
8 WALL LEGEND NTS
4 GENERAL NOTES NTS3 EXISTING ROOF PLAN NOTES NTS2 A1.3 - YC 2021-11-22 2103 2021-11-22

EXISTING ROOF
PLAN
NOTE: ALL IDEAS, DESIGNS, ARRANGEMENTS, AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING AREA OWNED BY, AND THE PROPERTY OF ACI ARCHITECTURAL CONCEPTS, INC. AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON, AND IN CONNECTION WITH, THE SPECIFIED PROJECT. NONE OF SUCH IDEAS, DESIGNS ARRANGEMENTS OR PLANS SHALL BE USED WITHOUT THE WRITTEN PERMISSION OF ACI ARCHITECTURAL CONCEPTS, INC. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE RESPOSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE JOB, AND THIS OFFICE MUST BE NOTIFIED OF ALL VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN BY THESE DRAWINGS. 3958 FIRST AVE., SAN DIEGO, CA 92103 619.531.0110 [email protected] ARCHITECTURAL CONCEPTS, INC.

REVISION #: DATE ISSUE: DATE PROJECT NO. CREATED: DRAWN : CHECKED:
8280 BROADWAY
LEMON GROVE, CA 91945

EARTH & IVY
CUP PLOT DATE:

N
1 234 2:12 SLOPE
RIDGE
1 1
2 3
4 3 NEW ROOF PLAN 3/8" = 1'-0"
8 WALL LEGEND NTS
4 GENERAL NOTES NTS3 NEW ROOF PLAN NOTES NTS2 A1.4
- QD 2021-11-22 2103 2021-11-22

NEW ROOF
PLAN
N
NOTE: ALL IDEAS, DESIGNS, ARRANGEMENTS, AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING AREA OWNED BY, AND THE PROPERTY OF ACI ARCHITECTURAL CONCEPTS, INC. AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON, AND IN CONNECTION WITH, THE SPECIFIED PROJECT. NONE OF SUCH IDEAS, DESIGNS ARRANGEMENTS OR PLANS SHALL BE USED WITHOUT THE WRITTEN PERMISSION OF ACI ARCHITECTURAL CONCEPTS, INC. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE RESPOSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE JOB, AND THIS OFFICE MUST BE NOTIFIED OF ALL VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN BY THESE DRAWINGS. 3958 FIRST AVE., SAN DIEGO, CA 92103 619.531.0110 [email protected] ARCHITECTURAL CONCEPTS, INC.

REVISION #: DATE ISSUE: DATE PROJECT NO. CREATED: DRAWN : CHECKED:
8280 BROADWAY
LEMON GROVE, CA 91945

EARTH & IVY
CUP PLOT DATE:

EP
DDD 9
22 2
2 2
2 2
2 2
2 2
2 1
1 1
5 5
5 5
5 5
5 55
6 6
6 6
5 5
5 5
5 5
5 5
555
555
55 5
5 5
5 LOBBY 100 STAFF LOUNGE/ OFFICE 101 UNISEX RESTROOM 102 EMPLOYEE ENTRY 103 OFFICE 104 STORAGE 105 RETAIL SALES 106 DISPENSARY 107 EXIT ENTRANCE ENTRANCE /EXIT 8 8
8 123456789
NOTE: ALL IDEAS, DESIGNS, ARRANGEMENTS, AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING AREA OWNED BY, AND THE PROPERTY OF ACI ARCHITECTURAL CONCEPTS, INC. AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON, AND IN CONNECTION WITH, THE SPECIFIED PROJECT. NONE OF SUCH IDEAS, DESIGNS ARRANGEMENTS OR PLANS SHALL BE USED WITHOUT THE WRITTEN PERMISSION OF ACI ARCHITECTURAL CONCEPTS, INC. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE RESPOSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE JOB, AND THIS OFFICE MUST BE NOTIFIED OF ALL VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN BY THESE DRAWINGS. 3958 FIRST AVE., SAN DIEGO, CA 92103 619.531.0110 [email protected] ARCHITECTURAL CONCEPTS, INC.

REVISION #: DATE ISSUE: DATE PROJECT NO. CREATED: DRAWN : CHECKED:
8280 BROADWAY
LEMON GROVE, CA 91945

EARTH & IVY
CUP PLOT DATE: REFLECTED CEILING PLAN 3/8" = 1'-0"
8 A1.5
- YC 2021-11-22 2103 2021-11-22

REFLECTED

CEILING

PLAN CEILING LEGEND NTS
4 GENERAL NOTES NTS3 RCP KEYNOTES NTS2
PD N
P
P
P
P
P
P
EP LOBBY 100 STAFF LOUNGE/ OFFICE 101 UNISEX RESTROOM 102 EMPLOYEE ENTRY 103 OFFICE 104 STORAGE 105 RETAIL SALES 106 DISPENSARY 107 EXIT ENTRANCE ENTRANCE /EXIT 12345
NOTE: ALL IDEAS, DESIGNS, ARRANGEMENTS, AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING AREA OWNED BY, AND THE PROPERTY OF ACI ARCHITECTURAL CONCEPTS, INC. AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON, AND IN CONNECTION WITH, THE SPECIFIED PROJECT. NONE OF SUCH IDEAS, DESIGNS ARRANGEMENTS OR PLANS SHALL BE USED WITHOUT THE WRITTEN PERMISSION OF ACI ARCHITECTURAL CONCEPTS, INC. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE RESPOSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE JOB, AND THIS OFFICE MUST BE NOTIFIED OF ALL VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN BY THESE DRAWINGS. 3958 FIRST AVE., SAN DIEGO, CA 92103 619.531.0110 [email protected] ARCHITECTURAL CONCEPTS, INC.

REVISION #: DATE ISSUE: DATE PROJECT NO. CREATED: DRAWN : CHECKED:
8280 BROADWAY
LEMON GROVE, CA 91945

EARTH & IVY
CUP PLOT DATE: FLOOR PLAN 3/8" = 1'-0"
8 WALL LEGEND NTS
4 GENERAL NOTES NTS3 SECURITY PLAN NOTES NTS2 A1.6
- SL 2021-11-22 2103 2021-11-22

SECURITY
PLAN
N
1 1
1 1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
2 2
2 2
2 2
2 2
2 NOTE: ALL IDEAS, DESIGNS, ARRANGEMENTS, AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING AREA OWNED BY, AND THE PROPERTY OF ACI ARCHITECTURAL CONCEPTS, INC. AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON, AND IN CONNECTION WITH, THE SPECIFIED PROJECT. NONE OF SUCH IDEAS, DESIGNS ARRANGEMENTS OR PLANS SHALL BE USED WITHOUT THE WRITTEN PERMISSION OF ACI ARCHITECTURAL CONCEPTS, INC. WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE RESPOSIBLE FOR ALL DIMENSIONS AND CONDITIONS ON THE JOB, AND THIS OFFICE MUST BE NOTIFIED OF ALL VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN BY THESE DRAWINGS. 3958 FIRST AVE., SAN DIEGO, CA 92103 619.531.0110 [email protected] ARCHITECTURAL CONCEPTS, INC.

REVISION #: DATE ISSUE: DATE PROJECT NO. CREATED: DRAWN : CHECKED:
8280 BROADWAY
LEMON GROVE, CA 91945

EARTH & IVY
CUP PLOT DATE: A2.0
- SL 2021-11-22 2103 2021-11-22

EXTERIOR
ELEVATIONS EXISTING - EXTERIOR ELEVATION - SOUTH EAST 1/4"= 1'-0" 6 . PROPOSED - EXTERIOR ELEVATION - SOUTH EAST 1/4"= 1'-0" 2 . EXISTING - EXTERIOR ELEVATION - NORTH EAST 1/4"= 1'-0" 7 . PROPOSED - EXTERIOR ELEVATION - NORTH EAST 1/4"= 1'-0" 3 . EXISTING - EXTERIOR ELEVATION - SOUTH WEST 1/4"= 1'-0" 5 . PROPOSED - EXTERIOR ELEVATION - SOUTH WEST 1/4"= 1'-0" 1 . EXISTING - EXTERIOR ELEVATION - NORTH WEST 1/4"= 1'-0" 8 . PROPOSED - EXTERIOR ELEVATION - NORTH WEST 1/4"= 1'-0" 4 .

OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN GATE METAL GATE BEYOND - 1/4"= 1'-0"
6 . - 1/4"= 1'-0"
2 .
- 1/4"= 1'-0"
7 . - 1/4"= 1'-0"
3 .

REVISION #: DATE ISSUE: DATE PROJECT NO. CREATED: DRAWN : CHECKED:
8280 BROADWAY
LEMON GROVE, CA 91945

EARTH & IVY
CUP PLOT DATE:
- 1/4"= 1'-0"
8 . - 1/4"= 1'-0"
4 . A2.1
- SL 2021-11-22 2103 2021-11-22

EXTERIOR
ELEVATIONS PROPOSED - STREET ELEVATION 3/16" = 1'-0" 1
Five-Year Agreement with the County of
San Diego and the San Diego County Sheriff
April 19, 2022
Page | 1

CITY OF LEMON GROVE

CITY COUNCIL

STAFF REPORT
Item No. 4.

Meeting Date: April 19, 2022
Submitted to: Honorable Mayor and Members of the City Council Department: City Manager’s Office
Staff Contact: Lydia Romero, City Manager;
[email protected]
Item Title: Five-Year Agreement with the County of San Diego and the San Diego County Sheriff
Recommended Action: Adopt resolution (Attachment A) approving a five-year agreement with the County of San Diego (County) and the San Diego Sheriff for law enforcement services.

Background: Since the City’s incorporation in 1977, the City has relied on the San Diego County Sheriff’s Department to provide municipal law enforcement services. The City, along with eight other cities in the County, negotiates an agreement for services every five years. The current agreement is set to expire on June 30, 2022.

Presented for City Council consideration is a resolution (Attachment A) that approves an “Agreement between the City of Lemon Grove, the County of San Diego and the San Diego County Sheriff’s Department for Municipal Law Enforcement Services” for a term of five years, commencing on July 1, 2022 through June 30, 2027.

Discussion: The City of Lemon Grove, along with eight other cities in San Diego County, contracts with the County of San Diego for municipal law enforcement services. The contract is a joint financial agreement between all of the contract cities and the County— taking advantage of common needs and economies of scale that result in a lower cost for law enforcement than having a municipal police department or individually contracting with the County. The previous agreement for services expires on June 30, 2022.

Five-Year Agreement with the County of
San Diego and the San Diego County Sheriff
April 19, 2022
Page | 2
The Lemon Grove Sheriff’s Lieutenant serves as the City’s Chief of Police, providing a full range of law enforcement services including patrol, traffic and investigative services. Staff at the Lemon Grove station includes 20 sworn deputies/command staff, a Community Services Officer and Senior Volunteer Patrol volunteers —these figures do not include the support staff at the station. In 2021, within the City, there were over 12,644 calls for service dispatched and more than 5,949 deputy-initiated activities made.

Along with standard law enforcement responsibilities, such as patrol and traffic services, the City also receives the following services through the contract:
• ASTREA Helicopter • Bomb/Arson Investigative Unit
• Crime Lab & Analysis • Criminal Intelligence
• Dispatch/Communication Center • Domestic Violence Investigative Unit • East County Gang Task Force • Homicide Investigative Unit • Juvenile Diversion Officers • Narcotic Enforcement
• Psychiatric Emergency Response
Team (PERT)
• SWAT
• Backup coverage for major incidents
Overview of Proposed Contract
In 2021, a committee of city managers were formed to negotiate a new contract on behalf of all the contract cities. The contract cities identified controlling the costs of the contract in a new agreement.

Cost – The prior contract introduced the fixed charge for law enforcement services, this model has been carried over to this five-year financial contract. Below is the negotiated fixed charge for the proposed five year contract.

Fiscal
Year
Fixed
Charge
2022-23 1.00%
2023-24 1.00%
2024-25 3.50%
2025-26 3.00%
2026-27 3.50%
Five-Year Agreement with the County of
San Diego and the San Diego County Sheriff
April 19, 2022
Page | 3
Fiscal Analysis
The chart below lists the projected costs over a five year term of the contract. Cost estimations assumes no changes to current staffing levels. FY 2022-23 cost increase is based on the current contract cost.

Fiscal
Year
Contract
Amount
Dollar
Increase
Percent
Increase
2022-23 $6,568,484 1.00%
2023-24 $6,634,169 $65,685 1.00%
2024-25 $6,866,365 $232,196 3.50%
2025-26 $7,106,688 $240,323 3.50%
2026-27 $7,355,422 $248,734 3.50%
Conclusion: Staff recommends that the City Council adopt the resolution (Attachment A) approving a five-year agreement with the County of San Diego and San Diego Sheriff for law enforcement services.

Environmental Review:

Not subject to review Negative Declaration
Categorical Exemption, Section Mitigated Negative Declaration Fiscal Impact: Minor impacts that can be absorbed in the current budget.

Public Notification: None
Staff Recommendation: Adopt resolution (Attachment A) approving a five-year agreement with the County of San Diego (County) and the San Diego Sheriff for law enforcement services.

Attachments:

Attachment A – Resolution with contract
Five-Year Agreement with the County of
San Diego and the San Diego County Sheriff
April 19, 2022
Page | 4
Attachment A
RESOLUTION NO. 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LEMON GROVE

APPROVING A FIVE YEAR AGREEMENT WITH SAN DIEGO COUNTY AND

SAN DIEGO COUNTY SHERIFF FOR GENERAL AND SPECIALIZED LAW

ENFORCEMENT AND TRAFFIC SERVICES WITHIN THE CITY OF LEMON GROVE
WHEREAS, the City of Lemon Grove has continuously contracted with the San Diego County Sheriff’s Department for law enforcement services since 1977; and WHEREAS, the City of Lemon Grove is satisfied with the arrangement, the level of service, and the positive impact to the community experienced with the Sheriff’s service; and
WHEREAS, the current five-year contract expires on June 30, 2022 and the nine cities contracting for law enforcement services with the San Diego County Sheriff’s Department have completed negotiations for a new five-year contract, and WHEREAS, the City of Lemon Grove and the San Diego County Sheriff’s Department mutually desire to continue with a contract in which the Sheriff’s Department provides general and specialized law enforcement and traffic services to the City NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lemon Grove, California that the foregoing recitals are true and correct; and:

1. Approves a five-year agreement, commencing on July 1, 2022, with the San Diego County Sheriff’s Department for General and Specialized Law Enforcement Services (Exhibit 1); and

2. Authorizes the City Manager to execute said agreement.

Five-Year Agreement with the County of
San Diego and the San Diego County Sheriff
April 19, 2022
Page | 5
PASSED AND ADOPTED on ______, 2022, the City Council of the City of Lemon Grove, California, adopted Resolution No. _______, passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Racquel Vasquez, Mayor
Attest:
__________________________
Audrey Malone, City Clerk
Approved as to Form:
_________________________
Kristen Steinke, City Attorney

SALARY & START UP RADIO

SERVICE CATEGORY BENEFITS COSTS REPLACEMENT
(Prorate (Full) (Prorate
if partial year) if partial year)
STAFF:

Deputy Patrol $218,638.52 $24,308.00 $627.14
Deputy Traffic $218,638.52 $24,308.00 $627.14
Deputy Motor $233,892.37 $24,308.00 $627.14
Deputy SPO $218,638.52 $24,308.00 $627.14
Detective $228,807.75 $24,308.00 $627.14
CSO $95,743.97 $13,948.00 $627.14
Sergeant $282,742.95 $24,308.00 $627.14
Lieutenants $298,985.45 $24,308.00 $627.14
Captains $348,008.22 $24,308.00 $627.14
Admin Sec II $103,933.48 $8,749.00 $0.00
Admin Sec I $88,265.16 $8,749.00 $0.00
Office Assistant $83,056.40 $8,749.00 $0.00
Office Support Specialist $100,165.83 $8,749.00 $0.00
Sr. Office Assistant $98,016.65 $8,749.00 $0.00
Sheriff's Prop & Evid Spec I $86,292.01 $8,749.00 $0.00 Dept. Aide $58,531.22 $8,749.00 $0.00
Crime & Intelligence Analyst $158,137.43 $8,749.00 $0.00 Rehire (960 program) per hour $40.00
AUTO: Ongoing Cost Per Auto
(Prorate
if partial year)
Patrol Sedan B/W $31,631.69
Patrol 4x4 B/W $38,101.95
Traffic Sedan B/W $31,631.69
Motorcycle $15,017.72
Management Sedan $14,151.45
Detective Sedan & Det. Supervisor $10,660.00
SPO - Sedan 4 Dr $10,660.00
SPO - Van $16,193.73
SPO - B&W $31,631.69
CSO - Sedan 4 Dr $10,660.00
CSO - Van $9,920.79

ATTACHMENT A

CONTRACT LAW ENFORCEMENT PROGRAM

SERVICE COSTS
FY22-23
February 2022
Staff # of Unit Total
SERVICE CATEGORY Cost Staff Factor Net Cost Notes
Deputy Patrol $218,638.52 12.000 2,623,662.22Deputy Traffic $218,638.52 3.000 655,915.56 Deputy Motor $233,892.37 - -
Deputy SPO $218,638.52 - -
Detective $228,807.75 2.000 457,615.51
CSO $95,743.97 1.000 95,743.97
Sergeant Patrol $282,742.95 1.000 282,742.95
Sergeant Traffic $282,742.95 1.000 282,742.95
Sergeant Relief $282,742.95 - -
Sergeant Dedicated $282,742.95 - -
Detective Sgt $282,742.95 - -
Station Staff 653,090.60
Subtotal 5,051,513.75Ancillary Support 815,824.19Supply 167,696.49 Vehicles 415,894.33
Space 119,213.08Management Support 274,384.30Liability 57,155.28 Offset due to prior cap (333,197.72)
Subtotal 1,516,969.96Adjustments: -
TOTAL AMOUNT $ 6,568,483.71
Attachment B

ATTACHMENT B
City of Lemon Grove
Effective 7/1/2022 through 6/30/2023

COMMUNITY SERVICE OFFICER
Station Support Staff
Ancillary Support
Communications Ctr $ 9,418.47 18,836.93 $
Reserves - $ - $
Crime Prevention 2,241.31 $ 1,120.66 $
Crime Analysis 588.70 $ 294.35 $
Traffic Coordinator $ 270.06 540.11 $
Juvenile Intervention 3,290.04 $ 1,645.02 $
Family Protection 4,631.72 $ 2,315.86 $
Financial Crimes 3,377.54 $ 1,688.77 $
Domestic Violence 1,572.21 $ 786.10 $
Homicide 4,717.69 $ 2,358.85 $
Total 39,796.25 $ 19,898.14 $
Supplies
Station
Support Other $ 1,197.33 2,394.66 $
Total 2,394.66 $ 1,197.33 $
Space Cost
Space
Total - $ - $
Management Support
Admin 1,763.91 $ 881.96 $
Fiscal 1,935.08 $ 967.54 $
Personnel 3,212.05 $ 1,606.03 $
Data Services 1,704.31 $ 852.15 $
Other $ 1,150.91 2,301.81 $
Total 10,917.16 $ 5,458.59 $
Grand Total 53,108.07 $ 26,554.06 $
Note:

Deputy, Detective, CSO, Sergeant, Station Staff, Station Supplies, Space & Vehicles are calculated directly per station.

Direct Charge Now Direct Charge Now
Direct Charge Now Direct Charge Now
FY2022/2023

OVERHEAD COST DETAIL SHEET

ATTACHMENT C

DEPUTY SHERIFF & SERGEANT
Direct Charge Now Direct Charge Now

ATTACHMENT D
AMOUNT
Beginning Balance 862,445.74
FY 2012/2013 258,994.88
FY 2013/2014 15,350.61
FY 2014/2015 60,289.48
FY 2015/2016 (635,636.98)
FY 2016/2017 (3,361,519.58)
FY 2017/2018 (415,590.54)
FY 2018/2019 (76,889.66)
FY 2019/2020 (181,243.76)
FY 2020/2021 (1,830,471.74)
FY2021/2022* 662,121.58
Total (4,642,149.97)
*Data as of Q1, FY21-22 ONLY

LIABILITY FUND HISTORY

ATTACHMENT E
VHF Mobile radio
Mobile Handitalk VHF Mobile VRM Light Plastic
Vehicle Type Radio Radio Radio MCT's (1) Modems AVL (2) Siren Rear Seat Radar Push Bar Gunlock Winch Screen Patrol Sedan x x x x x x x x x xPatrol 4X4 (Expedition) x x x x x x x x x x xPatrol 4X4 (Pick Up) x x x x x x x x x xTraffic Sedan x x x x x x x x x x xTraffic Motorcycle x x xDetective (4-Door) x xDetective (2-Door) x xDetective (Black & white) x x x x x x x x xDetective (Van) x xCSO (Van) x x x x x (3)Supervisory Sedan x x No* x (1) Mobile Computer Terminals - purchased by Communication Center.(2) Auto Vehicle Locator(3) Amber warning light in rear deck.

STANDARDIZED EQUIPMENT LIST

PATROL STATIONS
1 AGREEMENT BETWEEN THE CITY OF LEMON

GROVE, THE COUNTY OF SAN DIEGO, AND

THE SAN DIEGO COUNTY SHERIFF

FOR MUNICIPAL LAWENFORCEMENT SERVICES
This Agreement is between the City of Lemon Grove, a municipal corporation, hereinafter referred to as "CITY" and the County of San Diego, a political subdivision of the State of California, hereinafter referred to as "COUNTY", for services to be provided by the San Diego County Sheriff, hereinafter referred to as "SHERIFF".

RECITALS
WHEREAS, COUNTY through SHERIFF provides public safety services throughout the County of San Diego and is equipped and will do so to the extent and in the manner hereinafter provided; and WHEREAS, CITY is a municipal corporation of the State of California within the County of San Diego and desires to obtain general and specialized law enforcement and traffic services; and WHEREAS, Sections 51300-51308, 51350, 55632, and sections 54980 et seq. of the California Government Code authorize COUNTY and CITY to contract for performance of Sheriff services within the CITY; and
WHEREAS, COUNTY through SHERIFF currently provides municipal lawenforcement services to CITY pursuant to an agreement dated July 1, 2017; and WHEREAS, CITY and COUNTY through SHERIFF desire to enter into a new agreement with provisions concerning the nature and extent of municipal law enforcement services to be provided to CITY and establishing the compensation to be paid therefore; and WHEREAS, COUNTY acknowledges that CITY requires standards of performance that demonstrate professional excellence both in the execution of duties and in the interpersonal relations with CITY employees and all persons utilizing the services of CITY; and WHEREAS, the Board of Supervisors on January 25, 2022 authorized the Clerk of the Board to accept and execute this Agreement for Municipal Law Enforcement Services; and WHEREAS, the City Council for the City of Lemon Grove on ______ authorized the City Manager to accept and execute this Agreement for Municipal Law Enforcement Services; and NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, COUNTY and CITY jointly intend that CITY will fund and COUNTY will provide municipal law enforcement services, as set forth in this Agreement. 2 AGREEMENT
I. PURPOSE AND INTENT
The purpose of this Agreement is for COUNTY to provide municipal law enforcement services to CITY per California Government Code Section 51300-51308, 51350 and 54980, et seq. This Agreement is effective for its term beginning as set forth in Section III. A, regardless of approval date by the parties and supersedes and replaces the agreement between COUNTY and CITY for the period of July 1, 2017 through June 30, 2022, including all attachments, insofar as that agreement relates to provisions of municipal law enforcement services to CITY.

II. SCOPE OF SERVICES
COUNTY through SHERIFF shall provide municipal law enforcement services to CITY as follows:

A. Method of Service Delivery
SHERIFF will maintain a Law Enforcement Services Bureau, which will be responsible for performance of COUNTY's obligations under this Agreement. Municipal law enforcement services will be staffed as described in Section IV, Standards of Services. These services shall be provided from SHERIFF's existing stations and other such facilities as COUNTY or the CITY may hereafter acquire.

B. Law Enforcement Services
COUNTY through SHERIFF will provide municipal law enforcement services ("Law Enforcement Services") to CITY as outlined in Attachment B. Law Enforcement Services consist of enforcement of the California Penal Code, the California Vehicle Code, and pertinent regulatory ordinances as adopted by the City Council of CITY, as well as direct supervision of law enforcement personnel assigned to provide Law Enforcement Services to CITY; all to the extent necessary and appropriate to meet the Standards of Services 3 described in Section IV. Staffing for Law Enforcement Services shall be provided in Section IV.D of this Agreement.

C. Ancillary Services
The following ancillary services will be provided to CITY as an integral part of the law enforcement services described above and are included in the cost of such services: crime prevention, juvenile intervention, financial crimes, homicide, domestic violence, communication, information technology support, and clerical support.

D. Regional Services
In addition to the services listed above, the following regional services are provided to CITY at no cost: Special Enforcement Detail (SED); Aerial Support to Regional Enforcement Agencies (ASTREA); Bomb/Arson; Search and Rescue; Fire/Rescue helicopter; Crime Lab; and Property and Evidence.

E. Search and Rescue Responsibility
The COUNTY and the CITY agree that some rescues are the responsibility of and will be performed by the SHERIFF while other rescues are the responsibility of and will be performed by the CITY's public safety services. In many instances, rescues will be conducted in a joint operation involving both the SHERIFF and the CITY's emergency response personnel.

F. Reserve Program
The SHERIFF, in partnership with the CITY, will take active steps to recruit individuals to participate in the Reserve Program.

G. Additional Services

1. General
COUNTY through SHERIFF may provide supplemental Law Enforcement Services or additional related equipment and supplies as requested by CITY. Additional Services 4 not covered under Law Enforcement Services may include, but are not limited to, added patrol or traffic services required for special events such as street fairs, concerts, movie productions and other third-party promotions.

2. Requests
Requests for Additional Services shall be made to SHERIFF by CITY through the SHERIFF'S Station Commander or their designee and shall be made in writing or, if made in person or by telephone, shall be confirmed in writing by the requestor within forty-eight (48) hours of the request. CITY shall provide SHERIFF with as much advance notice as possible regarding requests for Additional Services.

3. Provision of Additional Services
SHERIFF shall advise CITY promptly and shall confirm in writing if SHERIFF is unable to provide some or all of any requested Additional Services. If SHERIFF is able to provide some or all of the requested Additional Services, SHERIFF shall promptly advise CITY in writing of the estimated costs of the services. Unless CITY disapproves in writing of an estimate provided by SHERIFF, SHERIFF shall provide such Additional Services to CITY and shall be reimbursed for the actual cost of providing the Additional Services subject to Section V.B.2. COUNTY shall delegate the authority to SHERIFF to approve additional services consistent with the intent of this provision.

4. Identification
COUNTY and CITY acknowledge and agree that it is impractical to specify in this Agreement each and every category of Additional Services that might be desired by CITY, and that the parties will reasonably cooperate in identifying and addressing such potential Additional Services within the scope of Law Enforcement Services. 5 H. Emergencies

1. General
Notwithstanding any other provisions of this Agreement, in the event of an emergency occurring within CITY, SHERIFF shall take any and all actions reasonably necessary or appropriate to respond to the emergency, to include appropriate referrals to, and coordination with, other law enforcement agencies.

2. Temporary Duties
SHERIFF's personnel assigned to perform services for CITY under this contract ("SHERIFF's contract city personnel") may be required to perform temporary duties outside the scope of this Agreement. For the purpose of this Agreement, "temporary duties" shall include, but not be limited to, assignments necessitated by a public safety emergency or other exigent circumstances required under "mutual aid" agreements.

3. Redeployment of Staff
During the period of any public safety emergency or exigent circumstance such as responding to mutual aid requests, SHERIFF's contract city personnel may be temporarily redeployed for emergency response. If reasonable and practical, SHERIFF shall notify the City Manager for the CITY and discuss the redeployment prior to reassignment. If the public safety emergency or exigent circumstance such as requests for mutual aid demand immediate redeployment, SHERIFF need not notify the City Manager in advance, but shall do so as soon as practical.

III. TERM OF AGREEMENT
A. Term
The term of this agreement shall commence at midnight July 1, 2022, and shall continue in effect through and terminate at midnight of June 30, 2027, subject to the termination provisions in Section III.B. below.
6 B. Termination
Notwithstanding any other section or provisions of this Agreement, either party hereto may terminate this Agreement by giving a one-year advance written notice of intention to terminate.

IV. STANDARDS OF SERVICE
A. Anticipated Service Outcome
The anticipated outcome of law enforcement services provided by COUNTY through SHERIFF to CITY under this Agreement is the provision of efficient and effective police protection and the performance of all duties as required by law or contract. These duties include patrol, traffic, general and specialized investigations, crime prevention, crime analysis, criminal intelligence, narcotics enforcement, emergency services, licensing, crime lab and communications.

B. Performance Standards
COUNTY through SHERIFF shall provide CITY with qualified personnel to meet the following performance standards and scope of service:

1. General
All SHERIFF personnel who provide municipal law enforcement services to CITY pursuant to this Agreement shall have met the minimum qualifications designated for their specific classification, including a background investigation.

2. Patrol Services
COUNTY through SHERIFF shall provide patrol law enforcement services. To the extent such staff is provided within CITY, their services, together with all normal ancillary services related thereto, shall primarily provide enforcement of the California Penal Code, the California Vehicle Code, and pertinent regulatory ordinances as adopted by the City Council of CITY.
7 3. Traffic Services
COUNTY through SHERIFF shall provide traffic services. To the extent that such staff is provided within CITY, their services, together with all normal ancillary services related thereto, shall primarily provide enforcement of the California Vehicle Code and pertinent traffic regulatory ordinances as adopted by the City Council of CITY, accident investigations, analysis of traffic related problems of CITY, and cooperate with various CITY departments to obtain solutions to the traffic problems of CITY.

4. Special Purpose Officers
COUNTY through SHERIFF shall provide problem solving services via the Special Purpose Officer (SPO). To the extent such staff is provided within CITY, their services, together with all normal ancillary services related thereto, shall primarily be to identify and resolve problems of both a criminal and non-criminal nature for a designated geographic area through investigation, patrol support, coordination of departmental resources and cooperation with various CITY departments.

5. School Resource Officers
COUNTY through SHERIFF shall provide school resource services via the School Resource Officer (SRO). To the extent such staff is provided within CITY, their services, together with all normal ancillary services related thereto, shall primarily provide enforcement and follow up investigation on school property for violations of the Penal Code of the State of California, the California Vehicle Code, and the California Education Code and cooperate with school administration, faculty, students, and parents to obtain solutions to problems of the school district. To the extent possible, the SRO will participate in positive student activities in the community to build trusting and respectful relationships with students, families, and staff. The SRO will collaborate with school-based community organizations, parent-teacher organizations, and student government to develop opportunities for 8 positive activities, such as mentoring programs, community coalitions or task forces.

6. Community Service Officers
COUNTY through SHERIFF shall provide community services via the Community Service Officer (CSO). To the extent such staff is provided within CITY, their services, together with all normal ancillary services related thereto, shall primarily provide response/information to citizen inquiries, completion of minor reports, fingerprinting, traffic direction, parking enforcement, vehicle abatement, crime prevention education and enforcement of pertinent regulatory ordinances as adopted by the City Council of CITY.

7. Detectives
COUNTY through SHERIFF shall provide follow-up criminal investigative services via the Detective position. To the extent such staff is provided within CITY, their services, together with all normal ancillary services related thereto, shall primarily be to investigate crime reports submitted by Patrol Officers, Community Service Officers, Special Purpose Officers or other personnel. Detectives are responsible for classifying and closing cases, identifying suspects, gathering evidence, making arrests, submitting cases for prosecution, and supporting said prosecution with needed supplemental investigation.

8. Retired-Rehired Deputies
COUNTY through SHERIFF shall, to the extent such personnel are available, make available Retired Deputies. Such Retired-Rehired Deputies are eligible for short-term assignments or assignments requiring specialized skills or knowledge on a temporary basis to CITY. Such Retired-Rehired Deputies are not available for routine Patrol, Traffic, Detective,or Special Purpose Officer services and are limited by State Law and Retirement System policy to working a maximum of 960 hours per fiscal year. 9 C. Assignment of Personnel

1. Sheriff's Responsibility
The management, direction, supervision and discipline of SHERIFF personnel, the standard of performance, and all other matters incident to the performance of services, shall be performed by and be the responsibility of COUNTY through SHERIFF in SHERIFF's sole but reasonable judgement and in accordance with the provisions of applicable labor agreements. SHERIFF shall be the appointing authority for all personnel provided to CITY and shall have complete discretion as to the assignment of all individual SHERIFF'S personnel under this Agreement.

2. Transfers and Selection of Station Commanders
SHERIFF will consult with CITY prior to reassignment of the station commander serving CITY and CITY will be afforded the opportunity to interview potential candidates prior to one being selected as the Station Commander of the station serving CITY. SHERIFF will solicit input from CITY when completing Station Commander's performance review. CITY and SHERIFF acknowledge that the length of assignment of the Station Commander serving CITY cannot be precisely defined; however, SHERIFF will endeavor to maintain the Station Commander serving the CITY in that assignment for 24 months.

3. Other Staff Assignments
If CITY has specific concerns regarding the actions of any deputy, agent or employee who performs Law Enforcement Services, CITY may address those concerns with the Station Commander serving CITY.

4. Liability for Payment of Wages
CITY shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to persons engaged in COUNTY's performance of this Agreement.
10 D. Staffing for Basic Services
COUNTY through SHERIFF shall staff CITY as described in Attachment B in order to provide Law Enforcement Services. SHERIFF shall ensure that adequate numbers of qualified SHERIFF personnel are provided to CITY at all times during the term of this Agreement to meet the Law Enforcement Services, Scope of Services and Standards of Service commitments set forth herein, at no less than the staffing and classification levels established in the most current Attachment B. SHERIFF shall use best efforts to fill CITY funded position vacancies within a reasonable period of time.

E. Changes in Staffing
CITY shall provide COUNTY through SHERIFF 60 days advance notice when requesting changes in staffing. If CITY and SHERIFF agree that changes to the staffing level for Law Enforcement Services are needed and/or agree that staff additions or deletions in CITY are necessary in order to provide adequate levels of Law Enforcement Services in the succeeding contract year, COUNTY shall provide an updated Attachment B to the CITY. The level of service shall not be changed without the mutual consent of the SHERIFF and CITY.

F. Vehicles, Equipment, and Supplies
COUNTY shall provide all supplies, equipment and materials required for performance of the required law enforcement services; except that the CITY shall, at its own expense, supply any special stationery, supplies, notices, or forms which are to be issued in the name of the CITY.

COUNTY agrees to provide the standard equipment for CITY vehicles per Attachment E. All marked vehicles (black and white) will generally be replaced at 100,000 miles. Vans and sedans will generally be replaced at 100,000 miles. Motorcycles will be replaced as needed at COUNTY's discretion.

The name of the city and city seal will be included on the doors of patrol cars if requested by the CITY. The CITY shall provide their CITY decal in the size requested by the SHERIFF.

Subject to written approval of the SHERIFF or their designee, the CITY may purchase 11 equipment deemed necessary to facilitate program implementation or operation. If the COUNTY does not accept ownership of the equipment, the purchase price and all ongoing costs will be the responsibility of the CITY. If the COUNTY accepts in writing, such equipment becomes the property of the COUNTY, and the CITY shall be credited the total cost for the equipment. Total cost shall mean a value agreed upon between COUNTY and CITY at the time the transfer is made.

The cost of any vehicles that are leased or rented for the benefit of the CITY, shall be the CITY's responsibility.

G. Asset Ownership

1. Vehicles
Vehicle ownership will be retained by the entity (CITY or COUNTY) that purchased the vehicle and is currently carrying ownership via the vehicle registration.

2. Office Equipment
Office equipment (desks, chairs, computers, etc.) ownership will be retained by the entity (CITY or COUNTY) that purchased the equipment and is currently carrying ownership on the entity's inventory.

3. Safety Equipment
Safety equipment (firearms, uniforms, leather gear, etc.) ownership will be retained by the COUNTY.

4. Facilities
CITY shall retain ownership of facilities that CITY constructed for the purpose of use as a Sheriff's station. SHERIFF's payment to CITY is a lease payment only.

H. Memberships

1. For each year that this Agreement is in effect, CITY agrees to maintain its membership in the Automated Regional Justice Information System Joint Powers Agency (ARJIS).

2. For each year that this Agreement is in effect, CITY agrees to maintain its membership 12 in the Regional Communications System (RCS).

3. For each year that this Agreement is in effect, CITY agrees to maintain its participation in the California Identification System Remote Access Network (CAL-ID).

I. Contract Administration

1. County Representative
COUNTY designates SHERIFF or their designee to represent COUNTY in all matters pertaining to the administration of the Agreement.

2. City Representatives
CITY designates its City Manager or their designee to represent CITY in all matters pertaining to the administration of the Agreement.

3. Meetings between City and Sheriff
The Sheriff or their designee shall be available to confer with the City Manager or their designee whenever feasible, practical, and not in conflict with mandated duties and responsibilities. The Sheriff and/or Undersheriff and the Assistant Sheriff will meet with the City Managers as a group twice each year to discuss the law enforcement contract. CITY and COUNTY shall provide full cooperation and assistance of its officers, agents, and employees to each other in the performance of this contract.

4. Implementation of New Programs
The COUNTY will discuss the implementation of any new programs with the CITIES.

The COUNTY will provide the justification and value to CITY for the program and estimates of the cost impact. Such programs, if resulting in additional costs to CITY will only be implemented after discussion with the CITY.

5. CLETAC
CITY, along with other cities within San Diego County entering into contracts for law enforcement services similar to this Agreement ("CITIES") shall maintain a Contract 13 Law Enforcement Technical Advisory Committee (CLETAC). The Law Enforcement Services Bureau Assistant Sheriff, Law Enforcement Commanders and Sheriff's Contracts Manager shall meet with the committee on at least a semi-annual basis to review contract administration including contract interpretation, costs, and liability.

Additional meetings can be scheduled at the request of either party.

J. Audit and Inspection of Records
COUNTY agrees that records generated under this agreement shall be made available to CITY to audit and examine. CITY agrees that any such audit will be arranged by contacting the Sheriff's Contracts Manager in writing at least ten (10) working days prior to the commencement of the audit and shall be conducted during normal working hours. CITY through its City Manager shall have access to reports and other documents pertaining to this Agreement including statistical reports on crime rates, traffic incidents and calls for service within CITY.

K. Reporting Requirements
CITY will receive monthly reports that provide information with respect to staffing, crime statistics, traffic statistics, programs, and patrol activities V. COST OF SERVICES/CONSIDERATION
A. General
As full consideration for the satisfactory performance and completion by COUNTY through SHERIFF of the Law Enforcement Services set forth in this Agreement, CITY shall pay COUNTY for the services agreed to on the basis of invoices and submittals as set forth hereunder.

B. Personnel Costs

1. Law Enforcement Services
The cost of a Law Enforcement Services position includes amounts that compensate COUNTY for all absences due to compensatory time off, bereavement, family, injury, 14 military, sick leave, holidays, jury duty, leave without pay, related training, and vacation but does not provide coverage or include costs required to maintain coverage for Law Enforcement Services during such absences. If, however, there is an individual absence or vacancy of more than 60 calendar days, CITY is not required to compensate the COUNTY from the 61st day until the position is staffed/filled. In the event that a vacancy was created due to a promotion or competitive position, COUNTY is not required to credit CITY for such vacancy as these types of vacancies are considered to be a natural progression in SHERIFF personnel's career path.

2. Additional Services
CITY shall compensate COUNTY for Additional Services requested and approved by CITY in accordance with Section II.G, based upon the actual costs incurred by SHERIFF to provide those services.

C. Cost Model Components

1. Cost Model Development
A cost model including each station showing the direct, station support, space and overhead costs for both the CITY and COUNTY shall be developed.

2. Direct Staff Costs
CITY shall pay for direct staff, which includes:
a) Deputies
b) Detectives
c) Sergeants
d) Community Service Officers
e) Vehicles
f) Handheld Radios
15 3. Station Support Staff Costs
CITY shall pay for station support staff, which includes:
a) Lieutenants
b) Captains
c) Administrative Secretary I & II
d) Office Assistants
e) Office Support Specialists
f) Property & Evidence Specialists
g) Sr. Office Assistants
h) Stock Clerks
All Station Support costs shall be allocated between the COUNTY and the CITY (or CITIES) occupying the station based on their number of deputies, detectives, sergeants, and community services officers in that station.

4. Law Enforcement Direct Support Costs
CITY shall pay for law enforcement support, which includes:
a) Crime Prevention Coordination
b) Criminal Intelligence Detail
c) Traffic Coordinator
d) Family Protection Detail
e) Central Operations Detail
f) Elder Abuse Unit
g) Domestic Violence Unit
h) Homicide
i) Communications Center
j) Sheriff's Analysis Group
k) Video Analysis Unit
16 l) Law Enforcement Command
m) Sheriff Fleet Allocation
n) IT Outsourcing Allocation
o) Facilities Allocation (Actual per Station)
All Law Enforcement Direct Support costs shall be allocated between the COUNTY and the CITY (or CITIES) occupying the station based on their number of deputies, detectives, sergeants, and community services officers in that station.

5. Overhead (Indirect Costs)
CITY shall pay for overhead (indirect costs), which includes:
a) Budget & Revenue Management
b) Financial Services
c) Data Services
d) Contracts Management
e) Wireless Services Division
f) Personnel
g) Payroll
h) External Costs- Cost Allocation Plan
All Overhead costs shall be allocated between the COUNTY and the CITY (or CITIES) occupying the station based on their number of deputies, detectives, sergeants, community services officers, and station support staff in that station.

6. Overhead Allocation Date
The staffing of each city on May 1st and any requested adjustments shall be used to allocate Station Support staff and apply Overhead, for contract year starting the following July 1st.
17 7. Staff Added After May 1st
For positions added after May 1st ,the CITY will pay the direct cost of the added position, along with the current Fiscal Year Indirect Cost Rate Proposal (ICRP) applied to the Salaries and Benefits of the added position. The ICRP rate is developed by the Sheriff's Department each fiscal year. The methodology and rate are then approved by the County of San Diego's Auditor and Controller's office. If the start date of the newly added position is after the 1st of the month, the Salaries and Benefits will be pro-rated, and the ICRP will then be applied. The calculation for pro-rating the Salaries and Benefits of a position shall be the direct annual cost of the position multiplied by the number of days in the month since the position was added and then divided by 365 days.

8. Positions Deleted After May 1st
If a CITY deletes a position after May 1st, the City will be credited the pro-rated portion of the direct cost of the position, along with a credit for the Indirect Cost Rate Proposal (ICRP) applied to the Salaries and Benefits of the deleted position. The calculation for pro-rating the Salaries and Benefits of a position shall be the direct annual cost of the position multiplied by the number of days in the month since the position was deleted and then divided by 365 days.

D. Costs

1. Basis for Year One Direct and Station Support Staff Costs The basis for year one Salaries and Benefits costs for Direct and Station Support Staff of this agreement is the cost of Direct Staff and Station Support Staff from year five of the previous contract (July 1, 2017 – June 30, 2022) with a 1% fixed price increase applied.

2. Fixed Cost Increase for Years Two Through Five
Cost increases for each CITY will be 1% in year two, 3.5% in year three, 18 3.5% in year four, and 3.5% in year five of this agreement. The cities will pay the applicable contract year's percentage increase regardless of the actual cost increase or decrease. Adjustments for any changes in the future contract year will be made after applying the fixed percentage increase.

E. Liability

1. Agreement Years One, Two, Three, Four and Five
The CITIES will pay a total of $1,875,453 per year. This amount shall be allocated to each CITY based on the number of deputies, detectives, sergeants, community service officers, lieutenants, and captains assigned to the CITY.

2. Reopener
During year three of this agreement, either party may request a meeting to discuss liability costs. All changes require the consent of both parties.

F. Rate of Compensation

1. First Year
For the first year of this Agreement, CITY will compensate COUNTY for provision of the Law Enforcement Services in an amount equal to the fiscal year base amount set forth in Attachment B effective July 1, 2022.

Included in this amount will be a liability cost as set forth in Section V.E. In addition to the charges for Law Enforcement Services, CITY will compensate COUNTY for Additional Services as set forth inSection V.B.2, above.

2. Subsequent Years
a. Cost Detail
By April 1st of each year, SHERIFF shall provide CITY with service costs for the upcoming fiscal year (July 1 through June 30). The cost 19 for services provided by SHERIFF shall be based upon the agreed fixed price increase for the respective agreement year, as defined in Section V.D.2 of this agreement. SHERIFF will provide CITY with a current Attachment A that reflects the new fiscal year service costs. b. Level of Service
By May 1st of each year, CITY shall determine the level of Law Enforcement Services as defined in Section IV.B required within CITY for the upcoming fiscal year (July 1 through June 30).

SHERIFF will be responsible for setting minimum staffing levels for each CITY to ensure both deputy and public safety.

At a minimum, such service shall include the availability of one continuous twenty-four hour per day patrol unit and one continuously available eight and one-half hour, seven days a week, traffic unit. c. Updated Total Cost for Requested Level of Service
By June 1st of each year, COUNTY shall prepare an updated Attachment B, based upon the level of service for the upcoming fiscal year (July 1 through June 30) and the total cost of such services as determined in accordance with Section V.C and V.D, above. Attachment B shall be effective July 1st and shall be made a part of this Agreement. CITY shall compensate COUNTY as set forth in Attachment B including any mid-year adjustments as defined in section V.G below, and shall also compensate COUNTY for Additional Services as set forth inSection V.B.2, above.
d. Mandated Costs
CITY shall pay all costs which are mandatory as of the effective date 20 of this agreement for any law enforcement agency to pay pursuant to state or federal statute or case law, if such costs are not included in the agreed-to costs stated in Attachment B. Further, CITY shall pay any mandatory costs that shall become operational during the term of this Agreement.

G. Mid-Year Adjustments to Basic Services
With 30 days advance notice, either party may propose amendments or modifications to this Agreement. Such changes, including any increase or decrease in the level of service, which are mutually agreed upon by and between COUNTY and CITY shall be effective when incorporated in a revised Attachment B and approved by both the COUNTY through the SHERIFF and CITY.

H. Method of Payment, Proportional Payment, Credits

1. Monthly Invoices
COUNTY shall invoice CITY monthly for services received (1/12 of annual costs). CITY, within 30 days from the date of the invoice, shall pay to the County Treasurer, through the SHERIFF at 9621 Ridgehaven Court, San Diego, CA 92123, for costs of the services agreed upon as reflected in Attachment B.

2. Billing for Additional Services
Additional Services that have been agreed to by the parties and provided by SHERIFF to CITY, shall be billed in addition to those listed above. CITY agrees to pay the actual cost of such services so requested.

3. Credits
a. Vacancies and Absences
SHERIFF will provide CITY a credit for any individual absence or vacancy extending beyond 60 calendar days, as outlined in section V.B.1 above. SHERIFF will deduct the amount of the credit from the total 21 amount billed on the CITY's monthly invoice.
b. Towing Fees
CITY shall be given credit for towing fees collected under California Vehicle Code section 22850.5. The monthly towing fees will be deducted from the CITY's monthly invoice.

I. Booking Fees/Jail Access Fee
Effective July 1, 2007, in lieu of charging CITY booking fees, COUNTY will receive an annual appropriation from the State. COUNTY may charge a "jail access fee" for certain low-level offenses (municipal code violations and misdemeanor violations except driving under the influence, domestic violence offenses, and enforcement of protective orders), for each bookingin excess of CITY's three-year average of such bookings (recalculated annually). In the event that the State reduces its annual appropriation, COUNTY may reinstate booking fee in accordance with Government Code sections 29550-29552.

J. Distribution of Fines and Forfeitures
All personnel provided by SHERIFF in the performance of the services of this Agreement for CITY shall be COUNTY officers and employees, but shall be deemed officers and employees of CITY for the sole purpose of distributing fines and forfeitures pursuant to Penal Codesection 1463.

K. Forfeited Property and Assets
Any property retrieved in CITY by SHERIFF'S personnel such as unclaimed stolen goods or revenue generated by the sale of such property by COUNTY shall be made available to CITY net of allowable expenses, at first option to retain for CITY purposes. Assets seized through the Asset Forfeiture process by SHERIFF's personnel within CITY as a result of self-initiated activities or calls for service shall be shared with CITY according to current Federal Asset Seizure 22 Guidelines.

L. Availability of Funding
All terms and conditions of this Agreement are subject to the continued appropriations and availability of funds for either party for the performance of the services stated herein.

VI. DEFENSE AND INDEMNIFICATION
A. Indemnification Related to Workers' Compensation and Employment Issues COUNTY shall fully indemnify and hold harmless CITY, its officers, employees and agents, from any claims, losses, fines, expenses (including attorney's 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 COUNTY or any contract labor provider retained by 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 or 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 COUNTY or any contract labor provider retained by COUNTY.

CITY shall fully indemnify and hold harmless COUNTY, its officers, employees and agents, from any claims, losses, fines, expenses (including attorney's 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 CITY or any contract labor provider retained by CITY, 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 23 brought by an employee of CITY or any contract labor provider retained by CITY.

B. Defense and Indemnity; Acts and Omissions

1. Claims, Actions or Proceedings Arising From Acts or Omissions of COUNTY COUNTY hereby agrees to defend and indemnify the CITY, its agents, officers, and employees, from any claim, action or proceeding against CITY, arising out of the acts or omissions of COUNTY in the performance of this Agreement, only where asserted CITY liability is based solely on all of the following three circumstances:
(1) The incident giving rise to the claim or suit arose out of the CITY's contractual relationship with COUNTY under this Agreement; (2) The incident giving rise to the claim or suit is alleged to have occurred within the boundaries of CITY and there is no “dangerous condition” allegation against the CITY; and
(3) The conduct alleged to be that of the CITY is, in fact, COUNTY conduct.

At its sole discretion, CITY may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve COUNTY of any obligation imposed by this Agreement. CITY shall notify COUNTY promptly of any claim, action or proceeding and cooperate fully in the defense.

2. Claims, Actions or Proceedings Arising From Acts or Omission of CITY CITY hereby agrees to defend and indemnify the COUNTY, its agents, officers, and employees, from any claim, action or proceeding against COUNTY, arising out of the acts or omissions of CITY in the performance of this Agreement. At its sole discretion,COUNTY may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve CITY of any obligation imposed by this Agreement. COUNTY shall notify CITY promptly of any claim, action or proceeding and cooperate fully in the defense.

3. Claims, Actions or Proceedings Arising From Concurrent Acts or Omissions COUNTY hereby agrees to defend itself, and CITY hereby agrees to defend itself, from any claim, action or proceeding arising out of the concurrent acts or omissions of COUNTY and CITY. In such cases, COUNTY and CITY agree to retain their own 24 legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in section VI.B.5 below (referring to joint defense agreements and reimbursement and/or reallocation).

4. Claims Investigation and Procedure for Determination of Duty to Defend and Indemnify
If the COUNTY and/or CITY receive a claim or claims containing a description of circumstances, and/or are served with a complaint containing allegations, that the actions and/or omissions of the COUNTY and CITY in the performance of this Agreement contributed to the injuries and/or damages alleged in the complaint, the COUNTY shall look beyond the mere description of circumstances or allegations to determine whether CITY acts, omissions or dangerous conditions of CITY property may have contributed to the injuries and/or damages alleged in the complaint, notwithstanding the allegations. The COUNTY, consistent with its long-standing practice, shall review the information in any COUNTY claims file, including investigative materials of the factual circumstances underlying the complaint's allegations and/or available law enforcement agency incident reports.

If the COUNTY review determines that there are no facts supporting any viable theory of liability alleged in the complaint against the CITY, the COUNTY shall defend and indemnify the CITY pursuant to the provisions in section VI.B.1 above. However, if as result of the COUNTY review, there appears to be a reasonable basis for concluding that CITY acts, omissions or dangerous conditions of CITY property may have contributed to the injuries and/or damages alleged in the complaint, COUNTY shall, as soon as practicable contact the appropriate CITY representative to discuss COUNTY's findings. If, after the discussion with CITY representative, the COUNTY is convinced that CITY was not involved, the COUNTY shall defend and indemnify the CITY pursuant to the provisions in section V1.B.1, above. However, if there continues to appear to be a 25 reasonable basis for concluding that CITY acts, omissions or dangerous conditions of CITY property may have contributed to the plaintiff's injuries and/or damages alleged in the complaint, the COUNTY will notify CITY that the COUNTY, pursuant to the provisions of this Agreement, is not obligated to defend and indemnify CITY under section VI.B.4a, above. When the COUNTY defends a claims or suit pursuant to section VI.B.1, above, the CITY shall cooperate with COUNTY in the defense of the action of claim.

5. Joint Defense
Notwithstanding section VI.B.4 above, in cases where COUNTY and CITY agree in writing to a joint defense, COUNTY and CITY may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of CITY and COUNTY. Joint defense counsel shall be selected by mutual agreement of COUNTY and CITY. COUNTY and CITY agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as follows: COUNTY and CITY further agree that neither party may bind the other to a settlement agreement without the written consent of both COUNTY and CITY. Where a trial verdict or arbitration award, in a joint defense case, allocates or determines the comparative fault of the parties, COUNTY and CITY may seek reimbursement and/or reallocation of defense costs, judgements and awards, consistent with such comparative fault.

VII. GENERAL PROVISIONS
A. Independent Contractor Status
In the performance of services under this Agreement, COUNTY and their respective officers, agents and/or employees shall be deemed independent contractors and not officers, agents, or employees of CITY. All such personnel provided by COUNTY under this Agreement are under the direct and exclusive supervision, daily direction, and control of COUNTY and COUNTY assumes full responsibility for the actions of such personnel in the performance of 26 services hereunder.

CITY and COUNTY acknowledge and agree that CITY does not control the manner and means of performing the work of COUNTY's officers, agents, or employees who perform Law Enforcement Services, and that CITY does not have the right or authority to hire, discipline or terminate such officers, agents, or employees. COUNTY has no authority of any kind to bind CITY, and CITY has no authority to bind COUNTY and/or SHERIFF in any respect whatsoever, nor shall COUNTY or SHERIFF act or attempt to act or represent itself directly or by implication as an agent of CITY, or in any manner assume or create or attempt to assume or create any obligation on behalf of or in the name of CITY. CITY shall not act or attempt to act or represent itself directly or by implication as an agent of COUNTY, or in any manner assume or create or attempt to assume or create any obligation on behalf of or in the name of COUNTY.

B. Notices
Any notice, request, demand, or other communication required or permitted hereunder shall be in writing and may be personally delivered or given as of the date of mailing by depositing such notice in the United States mail, first-class postage prepaid and addressed as follows; or to such other place as each party may designate by subsequent written notice to each other:

To COUNTY and SHERIFF:

Sheriff's Contracts Manager
PO Box 439062
9621 Ridgehaven Ct
San Diego, CA 92123
To: CITY
City Manager
City of Lemon Grove
3232 Main St.

Lemon Grove, CA 91945
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 27 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 actually received.

C. Time of the Essence
Time is of the essence of this Agreement. Unless specifically stated to the contrary, all references to days herein shall be deemed to refer to business days, not to include COUNTY and CITY holidays.

D. Amendments
This Agreement may be modified or amended only by a written document signed by both COUNTY through SHERIFF and CITY. No oral understanding or agreement shall be binding on the 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.

E. Entire Agreement
This Agreement, including all Attachments hereto, constitute the complete and exclusive statementof agreement between COUNTY and CITY with respect to the subject matter hereof.

As such, all prior written and oral understandings are superseded in total by this Agreement.

F. Construction
Each party has had the opportunity to participate in the review of this Agreement and 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. Each of the Attachments to this Agreement are hereby incorporated into this Agreement by this reference.

G. No Third-Party Beneficiaries
This Agreement is intended solely for the benefit of the COUNTY and the CITY. Any benefit 28 to any third party is incidental and does not confer on any third party to this Agreement any rights whatsoever regarding the performance of this Agreement. Any attempt to enforce provisions of this Agreement by third parties is specifically prohibited.

H. Waiver
A waiver by COUNTY of a breach of any of the covenants to be performed by CITY, or a waiver by CITY of a breach of any of the covenants to be performed by COUNTY, 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 either 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 CITY of either performance or payment shall not be considered a waiver of the other party's preceding breach of this Agreement.

I. Authority to Enter Agreement
COUNTY and CITY each has all requisite power and authority to conduct its 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.

J. Cooperation
COUNTY through SHERIFF and CITY will cooperate in good faith to implement this Agreement.

K. 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.

L. 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 29 be in 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 either 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.

M. Representation
CITY's City Manager, or their designee, shall represent CITY in all discussions pertaining to this Agreement. Sheriff, or their designee, shall represent COUNTY in all discussions pertaining to this Agreement.

N. Job Actions
In the event of a work slowdown, strike, or any other form of job action by those individuals assigned to perform CITY Law Enforcement Services, COUNTY through SHERIFF agrees to provide only that minimal level of service agreed to by CITY and COUNTY, and CITY shall have no responsibility for the cost of SHERIFF's Law Enforcement Services personnel who withhold Law Enforcement Services to CITY under those circumstances.

O. Dispute Resolution Concerning Services and Payment
In the event of any dispute concerning services and payment arising from this Agreement, the Assistant Sheriff of the Law Enforcement Services Bureau and Sheriff's Contracts Manager, or their designees, and CITY's City Manager, or their designee, will meet and confer within ten (10) business days after receiving notice of the dispute in an attempt to resolve the dispute. In the event no agreement can be reached, the Sheriff, or their designee, and the CITY's City Manager, or their designee, shall meet to discuss resolution of said dispute.

P. Obligation
This AGREEMENT shall be binding upon the successors of the members of the City Council, the Mayor and the City Manager of CITY, and the members of the COUNTY Board of 30 Supervisors and the SHERIFF.

IN WITNESS WHEREOF, the CITY, by resolution duly adopted by its City Council on ______, 2022, has approved the execution of this contract by its City Manager, and the COUNTY, by order of its Board of Supervisors January 25, 2022 (2) has approved the execution of this contract on the ___ Day of ______, 2022.

CITY COUNTY OF SAN DIEGO
City Manager Clerk of the Board of Supervisors
Approved by City Council Approved by Board of Supervisors Action Action
Date Date
By: By:

Approved as to form and legality Approved as to form and legality By: By:

City Attorney County Counsel
Date Date

ATTACHMENTS TO THIS AGREEMENT
A: Services Cost
B: City Costs
C: Overhead Cost Detail
D: Lability Fund History
E: Standardized Equipment List

Lemon Grove City CouncilApril 19, 2022

Lemon Grove City Council
April 19, 2022