CITY OF SOLANA BEACH
SOLANA BEACH CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY, PUBLIC FINANCING AUTHORITY, AND HOUSING AUTHORITY AGENDA
Joint REGULAR Meeting
Wednesday, March 23, 2022 * 6:00 p.m.
Teleconference Location Only-City Hall/Council Chambers, 635 S. Highway 101, Solana Beach, California This meeting will be conducted in accordance with California Government Code sections 54953(e) and 54954.3 and other applicable law.
MEETING LOCATION WILL NOT BE OPEN TO THE PUBLIC
Be advised that due to the COVID-19 pandemic in-person participation will not be allowed, there will be no members of the public in attendance at Council Meetings. Alternatives to in-person attendance for viewing and participating in City Council meetings are being provided under provided below.
AGENDA MATERIALS
A full City Council agenda packet including relative supporting documentation is posted online www.cityofsolanabeach.org Closed Session Agendas are posted at least 72 hours prior to regular meetings and at least 24 hours prior to special meetings.
WATCH THE MEETING
• Live web-streaming: Meetings web-stream live on the City’s website on the City’s Public Meetings webpage. Find the large Live Meeting button.
• Live Broadcast on Local Govt. Channel: Meetings are broadcast live on Cox Communications - Channel 19 / Spectrum (Time Warner)-Channel 24 / AT&T U-verse Channel 99. • Archived videos online: The video taping of meetings are maintained as a permanent record and contain a detailed account of the proceedings. Council meeting tapings are archived and available for viewing on the City’s Public Meetings webpage.
PUBLIC COMMENTS
o Written correspondence (supplemental items) regarding an agenda item at an open session meeting should be submitted to the City Clerk’s Office at [email protected] with a) Subject line to include the meeting date b) Include the Agenda Item # as listed on the Agenda. o Correspondence received after the official posting of the agenda, but before 3:00 p.m. (or 3 hrs. prior to the meeting start time) on the meeting day, will be distributed to Council and made available online along with the agenda posting. All submittals received before the start of the meeting will be made part of the record.
o Written submittals will be added to the record and not read out loud. o The designated location for viewing supplemental documents is on the City’s website www.cityofsolanabeach.org on the posted Agenda under the relative Agenda Item.
OR
Verbal Comment Participation: If you wish to provide a live verbal comment during the meeting, attend the virtual meeting via your computer or call in.
Before Meeting
o Alert Clerk’s Office. We ask that you alert us that you will joining the meeting to speak. Please email us at [email protected] to let us know which item you will speak on. This allows our Staff to manage speakers more efficiently.
o Watch the Meeting and Make a Public Comment
You can watch the meeting on the Live Meeting button on the Public Meetings page OR on TV at the stations provided above OR on the zoom event:
Link: https://cosb-org.zoom.us/j/87525458827
Webinar ID: 875 2545 8827
Or Telephone: Dial (for higher quality, dial a number based on your current location):
US: +1 669 900 9128 or +1 346 248 7799 or +1 253 215 8782 or +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799 or 833 548 0282 (Toll Free) or 877 853 5257 (Toll Free) or 888 475 4499 (Toll Free) or 833 548 0276 (Toll Free)
o Join/Log-In to the meeting at least 15 minutes prior to the start time so that the City Clerk can verify that you are ready to speak before the meeting begins.
Solana Beach City Council Regular Meeting Agenda March 23, 2022 Page 2 of 7 - Audio Accessibility: If your computer does not have a microphone or you have sound issues, you can call-in from a landline or cell phone and use it as your audio (phone # is provided once you log-in to Zoom, see above). If you call in for better audio, mute your computer's speakers to eliminate feedback so that you do not have two audios when you are speaking.
During Meeting:
o During each Agenda Item and Oral Communications, attendees will be asked if they would like to speak.
Speakers are taken during each agenda item.
o Speakers will be asked to raise their hand (zoom icon under participants can be clicked or on the phone you can dial *9) if they would like to be called on to speak during each item. We will call on you by your log in name or the last 4 digits of your phone #. When called on by the meeting organizer, we will unmute so you may provide comments for the allotted time. Allotted speaker times are listed under each Agenda section.
o Choose Gallery View to see the presentations, when applicable.
SPECIAL ASSISTANCE NEEDED - AMERICAN DISABILITIES ACT TITLE 2 In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Section 202. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s office (858) 720-2400 [email protected] at least 72 hours prior to the meeting.
CITY COUNCILMEMBERS
Lesa Heebner, Mayor
Kelly Harless
Deputy Mayor
David A. Zito
Councilmember
Jewel Edson
Councilmember
District 1
Kristi Becker
Councilmember
District 3
Gregory Wade
City Manager
Johanna Canlas
City Attorney
Angela Ivey
City Clerk
SPEAKERS:
See Public Participation on the first page of the Agenda for publication participation options.
READING OF ORDINANCES AND RESOLUTIONS:
Pursuant to Solana Beach Municipal Code Section 2.04.460, at the time of introduction or adoption of an ordinance or adoption of a resolution, the same shall not be read in full unless after the reading of the title, further reading is requested by a member of the Council. If any Councilmember so requests, the ordinance or resolution shall be read in full. In the absence of such a request, this section shall constitute a waiver by the council of such reading.
CALL TO ORDER AND ROLL CALL:
CLOSED SESSION REPORT:
FLAG SALUTE:
PROCLAMATIONS/CERTIFICATES: Ceremonial
None at the posting of this agenda
PRESENTATIONS: Ceremonial items that do not contain in-depth discussion and no action/direction.
None at the posting of this agenda
APPROVAL OF AGENDA:
ORAL COMMUNICATIONS:
Note to Public: Refer to Public Participation for information on how to submit public comment.
Solana Beach City Council Regular Meeting Agenda March 23, 2022 Page 3 of 7 This portion of the agenda provides an opportunity for members of the public to address the City Council on items relating to City business and not appearing on today’s agenda by joining the virtual meeting online to speak live, per the Public Participation instructions on the Agenda.
Pursuant to the Brown Act, no action shall be taken by the City Council on public comment items.
No written correspondence may be submitted in lieu of public speaking. Council may refer items to the City Manager for placement on a future agenda. The maximum time allotted for each speaker is THREE MINUTES (SBMC 2.04.190).
COUNCIL COMMUNITY ANNOUNCEMENTS / COMMENTARY:
An opportunity for City Council to make brief announcements or report on their activities. These items are not agendized for official City business with no action or substantive discussion.
A. CONSENT CALENDAR: (Action Items) (A.1. - A.4.)
Note to Public: Refer to Public Participation for information on how to submit public comment.
Items listed on the Consent Calendar are to be acted in a single action of the City Council unless pulled for discussion.
Any member of the public may address the City Council on an item of concern by submitting written correspondence for the record to be filed with the record or by joining the virtual meeting online to speak live, per the Public Participation instructions on the Agenda. The maximum time allotted for each speaker is THREE MINUTES (SBMC 2.04.190).
Those items removed from the Consent Calendar by a member of the Council will be trailed to the end of the agenda, while Consent Calendar items removed by the public will be discussed immediately after approval of the Consent Calendar.
A.1. Minutes of the City Council.
Recommendation: That the City Council
1. Approve the Minutes of the following City Council meetings held January 26, 2022.
Item A.1. Report (click here)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.
A.2. Register Of Demands. (File 0300-30)
Recommendation: That the City Council
1. Ratify the list of demands for February 19, 2022 – March 4, 2022.
Item A.2. Report (click here)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.
A.3. General Fund Budget Adjustments for Fiscal Year 2021/2022. (File 0330-30) Recommendation: That the City Council
1. Receive the report listing changes made to the Fiscal Year 2021/2022 General Fund Adopted Budget.
Item A.3. Report (click here)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.
Solana Beach City Council Regular Meeting Agenda March 23, 2022 Page 4 of 7 A.4. Housing Element Annual Progress Report. (File 0610-10) Recommendation: That the City Council
1. Adopt Resolution 2022-020 approving the 2021 Housing Element Annual Progress Report and the 2020/21 Housing Successor Annual Report as submitted and direct City Staff to file the report with the California Department of Housing and Community Development and the Governor’s Office of Planning and Research.
Item A.4. Report (click here)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.
B. PUBLIC HEARINGS: (B.1.)
Note to Public: Refer to Public Participation for information on how to submit public comment.
Any member of the public may address the City Council on an item of concern by submitting written correspondence for the record to be filed with the record or by registering to join the virtual meeting online to speak live, per the Public Participation instructions on the Agenda. The maximum time allotted for each speaker is THREE MINUTES (SBMC 2.04.190).
An applicant or designee(s) for a private development/business project, for which the public hearing is being held, is allotted a total of fifteen minutes to speak, as per SBMC 2.04.210. A portion of the fifteen minutes may be saved to respond to those who speak in opposition. All other speakers have three minutes each.
After considering all of the evidence, including written materials and oral testimony, the City Council must make a decision supported by findings and the findings must be supported by substantial evidence in the record.
B.1. Public Hearing: 536 Glenmont Dr., Applicants: Dane & Kristin Soderberg, Case: DRP21-024. (File 0600-40)
The proposed project could be found to be consistent with the General Plan and the SBMC and could be found, as conditioned, to meet the discretionary findings required as discussed in this report to approve a DRP. Therefore, Staff recommends that the City Council:
1. Conduct the Public Hearing: Open the Public Hearing, Report Council Disclosures, Receive Public Testimony, and Close the Public Hearing.
2. Find the project exempt from the California Environmental Quality Act pursuant to Section 15303 of the State CEQA Guidelines; and
3. If the City Council makes the requisite findings and approves the project, adopt Resolution 2020-026 conditionally approving a DRP to conduct grading in excess of 100 cubic yards and perform associated site improvements on a lot with an existing one-story single-family residence, with an attached, partially subterranean garage at 536 Glenmont Drive, Solana Beach.
Item B.1. Report (click here)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.
Solana Beach City Council Regular Meeting Agenda March 23, 2022 Page 5 of 7 C. STAFF REPORTS: (C.1. – C.3.)
Note to Public: Refer to Public Participation for information on how to submit public comment.
Any member of the public may address the City Council on an item of concern by submitting written correspondence for the record to be filed with the record or by registering to join the virtual meeting online to speak live, per the Public Participation instructions on the Agenda. The maximum time allotted for each speaker is THREE MINUTES (SBMC 2.04.190).
C.1. Council Work Plan Prioritization Discussion. (File 0410-08) Recommendation: That the City Council
1. Discuss the additional items/issues brought up during the fiscal year that are not included as a priority item in the current Work Plan and give direction to Staff on which items, if any, should be elevated to a priority status.
Item C.1. Report (click here)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.
C.2. General and Specialized Law Enforcement and Traffic Services. (File 0250-30) Recommendation: That the City Council
1. Adopt Resolution 2022-027 authorizing the City Manager to execute the Agreement for General and Specialized Law Enforcement and Traffic Services between the City of Solana Beach and the County of San Diego for a five-year term beginning July 1, 2022 through June 30, 2027.
Item C.2. Report (click here)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.
C.3. Parks and Recreation Commission Appointment. (File 0120-06) Recommendation: That the City Council
1. Consider the application submitted and make an appointment to one of the two vacancies on the Parks and Recreation Commission with a term ending January 2024.
Item C.3. Report (click here)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.
WORK PLAN COMMENTS:
Adopted June 23, 2021
COMPENSATION & REIMBURSEMENT DISCLOSURE:
GC: Article 2.3. Compensation: 53232.3. (a) Reimbursable expenses shall include, but not be limited to, meals, lodging, and travel. 53232.3 (d) Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency “City” at the next regular meeting of the legislative body.
Solana Beach City Council Regular Meeting Agenda March 23, 2022 Page 6 of 7 COUNCIL COMMITTEE REPORTS: Council Committees
REGIONAL COMMITTEES: (outside agencies, appointed by this Council) a. City Selection Committee (meets twice a year) Primary-Heebner, Alternate-Edson b. Clean Energy Alliance (CEA) JPA: Primary-Becker, Alternate-Zito c. County Service Area 17: Primary- Harless, Alternate-Edson d. Escondido Creek Watershed Authority: Becker /Staff (no alternate). e. League of Ca. Cities’ San Diego County Executive Committee: Primary-Becker, AlternateHarless. Subcommittees determined by its members. f. League of Ca. Cities’ Local Legislative Committee: Primary-Harless, Alternate-Becker g. League of Ca. Cities’ Coastal Cities Issues Group (CCIG): Primary-Becker, AlternateHarless h. North County Dispatch JPA: Primary-Harless, Alternate-Becker i. North County Transit District: Primary-Edson, Alternate-Harless j. Regional Solid Waste Association (RSWA): Primary-Harless, Alternate-Zito k. SANDAG: Primary-Heebner, 1st Alternate-Zito, 2nd Alternate-Edson. Subcommittees determined by its members.
l. SANDAG Shoreline Preservation Committee: Primary-Becker, Alternate-Zito m. San Dieguito River Valley JPA: Primary-Harless, Alternate-Becker n. San Elijo JPA: Primary-Zito, Primary-Becker, Alternate-City Manager o. 22nd Agricultural District Association Community Relations Committee: Primary-Edson, Primary-Heebner
STANDING COMMITTEES: (All Primary Members) (Permanent Committees) a. Business Liaison Committee – Zito, Edson.
b. Fire Dept. Management Governance & Organizational Evaluation – Harless, Edson c. Highway 101 / Cedros Ave. Development Committee – Edson, Heebner d. Parks and Recreation Committee – Zito, Harless
e. Public Arts Committee – Edson, Heebner
f. School Relations Committee – Becker, Harless
g. Solana Beach-Del Mar Relations Committee – Heebner, Edson
CITIZEN COMMISSION(S)
a. Climate Action Commission: Primary-Zito, Alternate-Becker ADJOURN:
Next Regularly Scheduled Meeting is April 13, 2022
Always refer the City’s website Event Calendar for Special Meetings or an updated schedule.
Or Contact City Hall 858-720-2400
www.cityofsolanabeach.org
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF SOLANA BEACH
§
I, Angela Ivey, City Clerk of the City of Solana Beach, do hereby certify that this Agenda for the March 23, 2022 Council Meeting was called by City Council, Successor Agency to the Redevelopment Agency, Public Financing Authority, and the Housing Authority of the City of Solana Beach, California, was provided and posted on March 16, 2022 at 5:30 p.m. on the City Bulletin Board at the entrance to the City Council Chambers. Said meeting is held at 6:00 p.m., March 23, 2022, in the Council Chambers, at City Hall, 635 S. Highway 101, Solana Beach, California.
Angela Ivey, City Clerk * City of Solana Beach, CA
}
Solana Beach City Council Regular Meeting Agenda March 23, 2022 Page 7 of 7 CITIZEN CITY COMMISSION AND COMMITTEE MEETINGS:
Regularly Scheduled, or Special Meetings that have been announced, are posted on each Citizen Commission’s Agenda webpage. See the Citizen Commission’s Agenda webpages or the City’s Events Calendar for updates.
o Budget & Finance Commission
o Climate Action Commission
o Parks & Recreation Commission
o Public Arts Commission
o View Assessment Commission
CITY OF SOLANA BEACH
SOLANA BEACH CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY, PUBLIC FINANCING AUTHORITY, AND HOUSING AUTHORITY
MINUTES
Joint REGULAR Meeting
Wednesday, January 26, 2022 * 6:00 p.m.
Teleconference Location Only-City Hall/Council Chambers, 635 S. Highway 101, Solana Beach, California This meeting will be conducted in accordance with California Government Code sections 54953(e) and 54954.3 and other applicable law. City Council meetings are video recorded and archived as a permanent record. The video recording captures the complete proceedings of the meeting and is available for viewing on the City's website. Posted Reports & Supplemental Docs contain records up to the cut off time prior to meetings for processing new submittals. Complete records containing meeting handouts, PowerPoints, etc. can be obtained through a Records Request.
CITY COUNCILMEMBERS
Lesa Heebner, Mayor
Kelly Harless
Deputy Mayor
David A. Zito
Councilmember
District 1
Jewel Edson
Councilmember
District 3
Kristi Becker
Councilmember
Gregory Wade
City Manager
Johanna Canlas
City Attorney
Angela Ivey
City Clerk
SPEAKERS:
See Public Participation on the first page of the Agenda for publication participation options.
READING OF ORDINANCES AND RESOLUTIONS:
Pursuant to Solana Beach Municipal Code Section 2.04.460, at the time of introduction or adoption of an ordinance or adoption of a resolution, the same shall not be read in full unless after the reading of the title, further reading is requested by a member of the Council. If any Councilmember so requests, the ordinance or resolution shall be read in full. In the absence of such a request, this section shall constitute a waiver by the council of such reading.
CALL TO ORDER AND ROLL CALL:
Mayor Heebner called the meeting to order at 6:02 p.m.
Present: Lesa Heebner, Kelly Harless, David A. Zito, Jewel Edson, Kristi Becker,
Absent: None
Also
Present:
Greg Wade, City Manager
Johanna Canlas, City Attorney
Angela Ivey, City Clerk
Dan King, Assistant City Manager
Mo Sammak, City Engineer/Public Works Dir.
Ryan Smith, Finance Dir.
FLAG SALUTE:
PRESENTATIONS: Ceremonial items that do not contain in-depth discussion and no action/direction.
San Elijo Joint Powers Authority (SEJPA)
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I' '
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Solana Beach City Council Regular Meeting Agenda January 26, 2022 Page 2 of 8 Mike Thornton, General Manager, presented a PowerPoint (on file) and presented a $600,000 check to the City from a Proposition 84 IRWM (Integrated Regional Water Management program) Grant administered by the California Department of Water Resources for construction of the Via de la Valle reclaimed water line project.
Al Lau, Santa Fe Irrigation District, said that they had and would continue to be a supporter of big regional recycled water endeavors like this project.
Council and Mr. Thornton discussed that all Recycled Water Projects are joint projects with Santa Fe Irrigation District, potable reuse and desalination for water, and various projects coming through the Federal Infrastructure Bill in the near future.
APPROVAL OF AGENDA:
Motion: Moved by Councilmember Becker and second by Councilmember Edson to approve. Approved 5/0. Ayes: Heebner, Harless, Zito, Edson, Becker. Noes: None.
Motion carried unanimously.
ORAL COMMUNICATIONS: None
Note to Public: Refer to Public Participation for information on how to submit public comment.
This portion of the agenda provides an opportunity for members of the public to address the City Council on items relating to City business and not appearing on today’s agenda by joining the virtual meeting online to speak live, per the Public Participation instructions on the Agenda.
Pursuant to the Brown Act, no action shall be taken by the City Council on public comment items.
No written correspondence may be submitted in lieu of public speaking. Council may refer items to the City Manager for placement on a future agenda. The maximum time allotted for each speaker is THREE MINUTES (SBMC 2.04.190).
COUNCIL COMMUNITY ANNOUNCEMENTS / COMMENTARY:
An opportunity for City Council to make brief announcements or report on their activities. These items are not agendized for official City business with no action or substantive discussion.
A. CONSENT CALENDAR: (Action Items) (A.1. - A.4.)
Note to Public: Refer to Public Participation for information on how to submit public comment.
Items listed on the Consent Calendar are to be acted in a single action of the City Council unless pulled for discussion.
Any member of the public may address the City Council on an item of concern by submitting written correspondence for the record to be filed with the record or by joining the virtual meeting online to speak live, per the Public Participation instructions on the Agenda. The maximum time allotted for each speaker is THREE MINUTES (SBMC 2.04.190).
Those items removed from the Consent Calendar by a member of the Council will be trailed to the end of the agenda, while Consent Calendar items removed by the public will be discussed immediately after approval of the Consent Calendar.
A.1. Minutes of the City Council.
Recommendation: That the City Council
1. Approve the Minutes of the December 15, 2021 City Council meeting.
Approved Minutes http://www.ci.solana-beach.ca.us/index.asp?SEC=F0F1200D-21C6-4A88-8AE1- 0BC07C1A81A7&Type=B_BASIC
Motion: Moved by Councilmember Edson and second by Deputy Mayor Harless to Solana Beach City Council Regular Meeting Agenda January 26, 2022 Page 3 of 8 approve. Approved 5/0. Ayes: Heebner, Harless, Zito, Edson, Becker. Noes: None.
Motion carried unanimously.
A.2. Register Of Demands. (File 0300-30)
Recommendation: That the City Council
1. Ratify the list of demands for December 18, 2021 – January 07, 2022.
Item A.2. Report (click here)
Motion: Moved by Councilmember Edson and second by Deputy Mayor Harless to approve. Approved 5/0. Ayes: Heebner, Harless, Zito, Edson, Becker. Noes: None.
Motion carried unanimously.
A.3. General Fund Budget Adjustments for Fiscal Year 2021/2022. (File 0330-30) Recommendation: That the City Council
1. Receive the report listing changes made to the Fiscal Year 2021/2022 General Fund Adopted Budget.
Item A.3. Report (click here)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.
Motion: Moved by Councilmember Edson and second by Deputy Mayor Harless to approve. Approved 5/0. Ayes: Heebner, Harless, Zito, Edson, Becker. Noes: None.
Motion carried unanimously.
A.4. CalRecycle Grant Authorization. (File 0390-34)
Recommendation: That the City Council
1. Approve Resolution 2022-11 authorizing the submittal of application(s) for all CalRecycle Grant and Payment Programs for which the City is eligible and authorizing the City Manager to execute all documents necessary to secure funds and implement the approved grant or payment project.
Item A.4. Report (click here)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.
Motion: Moved by Councilmember Edson and second by Deputy Mayor Harless to approve. Approved 5/0. Ayes: Heebner, Harless, Zito, Edson, Becker. Noes: None.
Motion carried unanimously.
B. PUBLIC HEARINGS: (B.1.)
Note to Public: Refer to Public Participation for information on how to submit public comment.
Any member of the public may address the City Council on an item of concern by submitting written correspondence for the record to be filed with the record or by registering to join the virtual meeting online to speak live, per the Public Participation instructions on the Agenda. The maximum time allotted for each speaker is THREE MINUTES (SBMC 2.04.190).
Solana Beach City Council Regular Meeting Agenda January 26, 2022 Page 4 of 8 An applicant or designee(s) for a private development/business project, for which the public hearing is being held, is allotted a total of fifteen minutes to speak, as per SBMC 2.04.210. A portion of the fifteen minutes may be saved to respond to those who speak in opposition. All other speakers have three minutes each.
After considering all of the evidence, including written materials and oral testimony, the City Council must make a decision supported by findings and the findings must be supported by substantial evidence in the record.
B.1. Public Hearing: 1036 Solana Dr., Applicant: Unitarian Universalist Fellowship of San Dieguito, Case: MOD 21-003. (File 0600-40) The proposed phasing of the project meets the minimum objective requirements under the SBMC, could be found to be consistent with the General Plan, LCP/LUP and Zoning as conditioned. Therefore, Staff recommends that the City Council:
1. Conduct the Public Hearing: Open the Public Hearing, Report Council Disclosures, Receive Public Testimony, Close the Public Hearing.
2. If the City Council makes the requisite findings and approve the project phasing, adopt Resolution 2022-009 conditionally approving MOD 21-003 to construct phased improvements to an existing religious facility/campus located at 1036 Solana Drive, Solana Beach.
Item B.1. Report (click here)
Item B.1. Updated Report #1 (added 1-26 at 1pm)
Item B.1. Supplemental Docs (updated 1-26 at 3pm)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.
Greg Wade, City Manager, introduced the item.
Katie Benson, Sr. Planner, presented a PowerPoint (on file) Mayor Heebner opened the public hearing.
Council disclosures.
Jon Luft, applicant representative, explained the project and the modifications to the CUP from May 2020, scope improvements to several areas of campus, a parking lot expansion and fire truck turnaround, a more permanent shade structure over the existing outdoor amphitheater, an audio-visual kiosk serving the amphitheater, a small outdoor canopy, and various improvements around the site directed mainly towards accessibility. He said that when this modification application was originally made several years ago and subsequently leading up to approval by Council, these various improvements were not proposed, and that the phasing proposal of the work was necessary to prioritize different aspects of the project.
Chris Faller, applicant representative, said that the project site has multiple challenges to meet requirements and manage the terrain and environment as well as being a good neighbor to the surrounding area.
Motion: Moved by Councilmember Zito and second by Councilmember Becker to close Solana Beach City Council Regular Meeting Agenda January 26, 2022 Page 5 of 8 the public hearing. Approved 5/0. Ayes: Heebner, Harless, Zito, Edson, Becker. Noes:
None. Motion carried unanimously.
Motion: Moved by Councilmember Zito and second by Councilmember Becker to approve. Approved 5/0. Ayes: Heebner, Harless, Zito, Edson, Becker. Noes: None.
Motion carried unanimously.
C. STAFF REPORTS: (C.1. – C.3.)
Note to Public: Refer to Public Participation for information on how to submit public comment.
Any member of the public may address the City Council on an item of concern by submitting written correspondence for the record to be filed with the record or by registering to join the virtual meeting online to speak live, per the Public Participation instructions on the Agenda. The maximum time allotted for each speaker is THREE MINUTES (SBMC 2.04.190).
C.1. 2022 Annual Citizen Commission Appointments. (File 0120-06) Recommendation: That the City Council
1. Appoint two (2) members to the Budget and Finance Commission nominated/appointed by individual Councilmembers (Deputy Mayor Harless and Councilmember Becker) for two-year terms.
Motion: Moved by Deputy Mayor Harless and second by Councilmember Becker to appoint David Clemons (Harless). Approved 5/0. Ayes: Heebner, Harless, Zito, Edson, Becker. Noes: None. Motion carried unanimously.
Motion: Moved by Councilmember Becker and second by Councilmember Zito to appoint Scott Hermes (Becker). Approved 5/0. Ayes: Heebner, Harless, Zito, Edson, Becker.
Noes: None. Motion carried unanimously.
2. Appoint four (4) members to the Climate Action Commission nominated/appointed by Council-at-large for the following positions:
a. Three (3) Resident appointments for two-year terms.
b. One (1) Professional appointment for member of the environmental and/or scientific community (resident or non-resident) for a two-year term.
Jonathon Goodmacher said that he was reapplying and would ask that he and the other two current members be reappointed.
Motion: Moved by Councilmember Zito to appoint Jonathon Goodmacher. Lack of a second. Motion failed.
Motion: Moved by Mayor Heebner and seconded by Councilmember Edson to appoint Lane Sharman, Heather Rock, and Heidi Dewar. Ayes: Heebner, Harless, Edson, Becker.
Noes: Zito. Motion carried.
Motion: Moved by Mayor Heebner and seconded by Councilmember Edson to appoint Paul Basore. Approved 5/0. Ayes: Heebner, Harless, Zito, Edson, Becker. Noes: None.
Motion carried unanimously.
Solana Beach City Council Regular Meeting Agenda January 26, 2022 Page 6 of 8
3. Appoint three (3) members to the Parks and Recreation Commission nominated/appointed by Council-at-large for two-year terms.
Motion: Moved by Deputy Mayor Harless and second by Councilmember Edson to appoint Julie Van de Auwera. Approved 5/0. Ayes: Heebner, Harless, Zito, Edson, Becker. Noes: None. Motion carried unanimously.
4. Appoint three (3) members to the Public Arts Commission nominated/appointed by Council-at-large for two-year terms.
Motion: Moved by Mayor Heebner and second by Councilmember Becker to appoint Shawn Hethcock, Mark Mennie, Sharon Klein. Approved 5/0. Ayes: Heebner, Harless, Zito, Edson, Becker. Noes: None. Motion carried unanimously.
5. Appoint four (4) members to the View Assessment Commission: two (2) positions for two-year terms by individual members (Deputy Mayor Harless and Councilmember Zito), and two (2) positions for two-year terms (Council-atlarge).
Motion: Moved by Mayor Heebner and seconded by Councilmember Edson to appoint Linda Najjar (Zito), Robert Zajak (Harless), Pat Coad, and Frank Stribling. Approved 5/0.
Ayes: Heebner, Harless, Zito, Edson, Becker. Noes: None. Motion carried unanimously.
Item C.1. Report (click here)
Item C.1. Updated Report #1 (added 1-20-22)
Item C.1. Updated Report #2 (added 1-25-22)
Item C.1. Supplemental Docs (updated 1-26-22 at 415pm)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.
C.2. Clean Energy Alliance Update. (File 1010-46)
Recommendation: That the City Council
1. Receive the report on the CEA (Clean Energy Alliance).
Item C.2. Report (click here)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.
Greg Wade, City Manager, introduced the item.
Barbara Boswell, Clean Energy Alliance, presented a PowerPoint (on file).
Council, Staff, and Ms. Boswell discussed a decrease in the PCIA charge for 2022 which created a 6% savings, that CEA was managing costs well within extreme weather conditions, that CEA has helped expand the use of renewable energy now that SDG&E has stopped their eco choice program, Solana Beach had increased participants in the the 100% renewable energy, that an outreach campaign would generate more enrollments, and that the City of Del Mar had enrolled in the 100% renewable for their municipal accounts and Solana Beach City Council Regular Meeting Agenda January 26, 2022 Page 7 of 8 that the City of Carlsbad was currently offering the 75% carbon-free for their municipal accounts.
Council’s and Ms. Boswell’s discussion continued regarding meeting resource adequacy requirements, the successful negotiated contracts for the current year, CEA in a position to not encounter issues and if additional cities were added, the assessment report for impact of the City of San Marcos and City of Escondido joining, negotiating with SDG&E for excess or surplus RA was successful for the current year, the PCIA having variable costs since SDG&E sets that rate annually, analysts having been hired to obtain contracts and more data from SDG&E who identified errors that were corrected to benefit customers, and that if there were no exit fees there would be greater savings to customers.
Council, Staff, and Ms. Boswell discussed that the PCIA charge was based upon a 10 yr. contract horizon, SDG&E contracts were made up of long or short-term contracts, the long being 10+ years, the 8-10 yr. mark the rates that would begin to drop and expire without renewals, and that the exit fees should theoretically zero out, over time, and to show more clearly the difference between generation savings versus the total bill.
C.3. Glenmont Drive Pocket Park Project Update. (File 0740-20) Recommendation: That the City Council
1. Receive this report and provide input and direction on the Glenmont Drive Pocket Park.
Item C.3. Report (click here)
Item C.3. Supplemental Docs (updated 1-26-22 at 415pm)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.
Mayor Heebner recused herself because she has property within 500 ft. of the project site.
Greg Wade, City Manager, introduced the item and presented a PowerPoint (on file).
Council and Staff discussed Ms. Morton’s letter submitted regarding the concrete drainage structure on the southwest corner of the site that was being considered and more details would occur once the project moved into the final engineering detail and design element, the large buffer of approximately 25 ft. between adjacent properties and the proposed development, getting community engagement, a pollinator garden, the least intense use of the space and maintaining the existing typography, including walking surfaces, landscaped areas, elevations, overlook, street parking along Glenmont Dr. and incorporate low water maintenance plants and vegetation.
Discussion continued regarding asking Santa Fe Irrigation District to paint the west side of the Larrick reservoir or allow an art installation, community outreach and public engagements, a license agreement and a Final Park Plan would be required with Santa Fe Irrigation District, and the current budget of $10,000 with other costs that may accumulate with the design.
Solana Beach City Council Regular Meeting Agenda January 26, 2022 Page 8 of 8 Al Lau, Santa Fe Irrigation District, said that they want to help with making this project a community resource, a vital water facility is located next to the park, that they would prefer the more passive activity in the area to reduce risks to the facility, and that they would engage in more detailed discussion with the City as the concept of the project develops and the license agreement is discussed.
Council and Staff discussed possible opening some of the north side of the property for a fenced-in dog run, that this area was a lease held by Santa Fe Irrigation and that they would be supportive of beautifying the area but would discuss other potential uses, and the efforts of the Seaweeder’s in this area,
COMPENSATION & REIMBURSEMENT DISCLOSURE: None
GC: Article 2.3. Compensation: 53232.3. (a) Reimbursable expenses shall include, but not be limited to, meals, lodging, and travel. 53232.3 (d) Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency “City” at the next regular meeting of the legislative body.
COUNCIL COMMITTEE REPORTS: Council Committees
REGIONAL COMMITTEES: (outside agencies, appointed by this Council) STANDING COMMITTEES: (All Primary Members) (Permanent Committees)
CITIZEN COMMISSION(S)
ADJOURN:
Mayor Heebner adjourned the meeting at 8:03 p.m.
CITY COUNCIL ACTION: ____________________________________________________ _________________________________________________________________________ AGENDA ITEM # A.2.
STAFF REPORT
CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: March 23, 2022
ORIGINATING DEPT: Finance
SUBJECT: Register of Demands
BACKGROUND:
Section 3.04.020 of the Solana Beach Municipal Code requires that the City Council ratify a register of demands which represents all financial demands made upon the City for the applicable period.
DISCUSSION:
Staff certifies that the register of demands has been reviewed for accuracy, that funds are available to pay the above demands, and that the demands comply with the adopted budget.
CEQA COMPLIANCE STATEMENT:
Not a project as defined by CEQA.
FISCAL IMPACT:
The register of demands for February 19, 2022 through March 4, 2022 reflects total expenditures of $1,543,180.51 from various City sources.
WORK PLAN:
N/A
Register of Demands- 02/19/22 through 03/04/22
Check Register-Disbursement Fund (Attachment 1) $ 1,297,713.84 Net Payroll February 18, 2022 189,611.56
Federal & State Taxes February 18, 2022 55,855.11
TOTAL $ 1,543,180.51
March 23, 2022
Register of Demands
OPTIONS:
• Ratify the register of demands.
• Do not ratify and provide direction.
DEPARTMENT RECOMMENDATION:
Staff recommends that the City Council ratify the above register of demands.
CITY MANAGER’S RECOMMENDATION:
Approve Department Recommendation.
________________________
Gregory Wade, City Manager
Attachments:
1. Check Register – Disbursement Fund
Page: 1 of 6
City of Solana Beach
Register of Demands
2/19/2022 - 3/4/2022
Department
Vendor Description Date
Check/EFT
Number Amount
100 - GENERAL FUND
PREFERRED BENEFIT INS ADMIN INC. DENTAL FEBRUARY 2022 02/25/2022 101385 $3,075.80 ICMA PLAN 302817 Payroll Run 1 - Warrant M18 03/03/2022 9000438 $18,942.60 SOLANA BEACH FIREFIGHTERS ASSOC Payroll Run 1 - Warrant M18 03/03/2022 9000441 $800.00 LEGAL SHIELD CORP PPD LEGAL-FEB 22 03/03/2022 101417 $38.85 AFLAC AFLAC-FEBRUARY 22 03/03/2022 101402 $803.86
SAN DIEGO COUNTY SHERIFF'S DEPT. CR TOW FEE-NOV 03/03/2022 101426 ($164.13) DEPARTMENT OF CONSERVATION SMIP FEES-OCT-DEC 21 02/25/2022 101366 $822.61 DEPARTMENT OF CONSERVATION SMIP FEES-JUL-SEP 21 02/25/2022 101366 $2,905.37 ICMA RHS 801939 Payroll Run 1 - Warrant M18 03/03/2022 9000439 $4,092.99 SUN LIFE FINANCIAL JAN 22 LIFE & ADD INS 02/25/2022 9000436 $1,304.56 SUN LIFE FINANCIAL JAN 22 SUPP LIFE INS 02/25/2022 9000436 $261.80 SUN LIFE FINANCIAL JAN 22 LTD 02/25/2022 9000436 $1,576.13 ALL CITY MANAGEMENT SERVICES, INC Crossing Guards - 01/09/22-01/22/22 03/03/2022 9000437 $6,076.98 ALL CITY MANAGEMENT SERVICES, INC Crossing Guards - 12/12/21-12/25/21 03/03/2022 9000437 $6,043.22 BARNARD PIPELINE RFND-ENC20-0166/402 S RIOS 03/03/2022 101403 $774.00 BARNARD PIPELINE RFND-ENC19-0047/208 PACIFIC 03/03/2022 101403 $755.00 CALPERS 02/18/22 PD (02/28/22 PERS) 02/28/2022 9022822 $49,702.21 CALPERS 02/10/22 PD (03/03/22 PERS) 03/03/2022 9030322 $708.47 STERLING HEALTH SERVICES, INC. M17 MED FSA/DCA CONTRIBUTION 03/03/2022 9000442 $1,343.75 STERLING HEALTH SERVICES, INC. M17 MED FSA/DCA CONTRIBUTION 03/03/2022 9000442 $439.77 STERLING HEALTH SERVICES, INC. FY21 ROLLOVER 03/03/2022 9000442 $4,479.62 TOTAL GENERAL FUND $104,783.46
1005150 - CITY CLERK
PITNEY BOWES GLOBAL FINANCIAL SVC CITY WIDE POSTAGE 02/25/2022 101384 $1,500.00 ROBERT HALF FRONT DESK-02/11/22 02/25/2022 101388 $1,635.45 ROBERT HALF FRONT DESK COVERAGE-01/07/22 03/03/2022 101424 $1,487.52 CORODATA RECORDS MANAGEMENT, INC RECORDS STRG-JAN 03/03/2022 101407 $449.17 TOTAL CITY CLERK $5,072.14
1005200 - CITY MANAGER
STAPLES CONTRACT & COMMERCIAL PRINTER INK 02/25/2022 101392 $106.11 KEYSER MARSTON ASSOCIATES, INC PROF SVC-DEC 02/25/2022 101375 $1,320.00 KEYSER MARSTON ASSOCIATES, INC PROF SVC-NOV 02/25/2022 101375 $880.00 DRO MANAGEMENT CONSULTANTS, LLC PROF SVC-07/01/21-12/30/21 02/25/2022 101370 $4,125.00 TOTAL CITY MANAGER $6,431.11
1005250 - LEGAL SERVICES
BURKE WILLIAMS & SORENSEN 96-0038/PROF SVC 03/03/2022 101404 $1,058.00 BURKE WILLIAMS & SORENSEN RETAIN-DEC 03/03/2022 101404 $11,250.00 BURKE WILLIAMS & SORENSEN 96-0001/PROF SVC 03/03/2022 101404 $5,240.00 BURKE WILLIAMS & SORENSEN 96-0001.003/PROF SVC 03/03/2022 101404 $980.00 BURKE WILLIAMS & SORENSEN 96-0002/PROF SVC 03/03/2022 101404 $368.00 BURKE WILLIAMS & SORENSEN 96-0006/PROF SVC 03/03/2022 101404 $1,288.00 BURKE WILLIAMS & SORENSEN 96-0019/PROF SVC 03/03/2022 101404 $20.00 Page: 2 of 6
BURKE WILLIAMS & SORENSEN 96-0033/PROF SVC/COVID-19 03/03/2022 101404 $540.00 TOTAL LEGAL SERVICES $20,744.00
1005300 - FINANCE
HDL-HINDERLITER, DE LLAMAS & ASSOC Q3 FY/CY 21 STAX CONTRACT/AUDIT 03/03/2022 101412 $7,250.05 STAPLES CONTRACT & COMMERCIAL DESKTOP ORGANIZING SUPPLIES/TONER 03/03/2022 101427 $120.52 STAPLES CONTRACT & COMMERCIAL REFUND-TONER 03/03/2022 101427 ($80.80) STAPLES CONTRACT & COMMERCIAL TONER 03/03/2022 101427 $165.91 STAPLES CONTRACT & COMMERCIAL TONER 03/03/2022 101427 $43.66 STAPLES CONTRACT & COMMERCIAL TONER 03/03/2022 101427 $191.56 STAPLES CONTRACT & COMMERCIAL DESKTOP ORGANIZING SUPPLIES 03/03/2022 101427 $17.39 LANCE,SOLL & LUNGHARD, LLP FY22 AUDIT SVC 03/03/2022 101415 $1,939.80 XEROX CORPORATION XEROX-CLERK-JAN 03/03/2022 101431 $64.26 TOTAL FINANCE $9,712.35
1005350 - SUPPORT SERVICES
STAPLES CONTRACT & COMMERCIAL SOAP 03/03/2022 101427 $29.62 XEROX CORPORATION XEROX-UPSTAIRS-JAN 03/03/2022 101431 $22.46 XEROX CORPORATION XEROX-UPSTAIRS-JAN 03/03/2022 101431 $298.25 XEROX CORPORATION XEROX-CLERK-JAN 03/03/2022 101431 $271.68 XEROX CORPORATION XEROX-PLANNING-JAN 03/03/2022 101431 $83.59 XEROX CORPORATION XEROX-PLANNING-JAN 03/03/2022 101431 $546.78 XEROX CORPORATION XEROX-FIERY-PLN-JAN 03/03/2022 101431 $132.61 XEROX CORPORATION XEROX-FIERY-UPSTAIRS-JAN 03/03/2022 101431 $132.61 XEROX CORPORATION XEROX-FIERY-CLRK-JAN 03/03/2022 101431 $122.84 JENNIFER REED ADMIN SERVICES-JAN 02/25/2022 9000435 $178.75 TOTAL SUPPORT SERVICES $1,819.19
1005400 - HUMAN RESOURCES
EMPLOYMENT DEVELOPMENT SUI PE 12/31/21 03/03/2022 101411 $1,842.00 NEOGOV, INC FY22 INSIGHT SUBSCRIPTION 02/25/2022 101383 $4,970.32 NEOGOV, INC FY22 ONBOARD SUBSCRIPTION 02/25/2022 101383 $10,430.11 NICOLE FORTIER N FORTIER-FINGERPRINT 03/03/2022 101420 $52.00 TOTAL HUMAN RESOURCES $17,294.43
1005450 - INFORMATION SERVICES
SALIENT NETWORKS (FKA DIAL-PRO) FY22 PHONE/VM/FAX MAINT-OCT 02/25/2022 101389 $341.25 SALIENT NETWORKS (FKA DIAL-PRO) FY22 PHONE/VM/FAX MAINT-SEP 02/25/2022 101389 $281.25 SALIENT NETWORKS (FKA DIAL-PRO) FY22 PHNE/VM/FAX MAINT 03/03/2022 101425 $300.37 VERIZON WIRELESS-SD 670601022-1-12/24-01/23/22 02/25/2022 101397 $152.04 MANAGED SOLUTION PROF SVC-FEB 02/25/2022 101378 $850.00 MANAGED SOLUTION PROF SVC-FEB 02/25/2022 101378 $1,662.40 MANAGED SOLUTION PROF SVC-JAN 02/25/2022 101378 $925.00 FISHER INTEGRATED, INC. WEB SERVICE-JAN 02/25/2022 101373 $800.00 ZOOM VIDEO COMMUNICATIONS INC ZOOM-01/13-03/18/22 02/25/2022 101399 $35.60 ZOOM VIDEO COMMUNICATIONS INC ZOOM-01/13-03/18/22 02/25/2022 101400 $10.68 ZOOM VIDEO COMMUNICATIONS INC ZOOM 01/13-03/18/22 02/25/2022 101401 $122.88 OPEN TEXT INC CONTRACT RENEWAL/GSA-47QTCA19DOO7R 03/03/2022 101422 $2,050.67 TOTAL INFORMATION SERVICES $7,532.14
1005550 - PLANNING
03/03/2022 101429 $350.20
03/03/2022 101429 $379.23
UT SAN DIEGO - NRTH COUNTY
UT SAN DIEGO - NRTH COUNTY
UT SAN DIEGO - NRTH COUNTY
PUB HRNG-DRP 1719.03
PUB HRNG-DRP MOD 20-002-DRP/SDP/VTM
PUB HRNG-CUP20-004 03/03/2022 101429 $311.16
Page: 3 of 6
UT SAN DIEGO - NRTH COUNTY PUB HRNG-DRP20-016/SDP20-022 03/03/2022 101429 $442.24 COUNTY OF SAN DIEGO MAP FEE 1/13 & 1/27 03/03/2022 101408 $6.00 TOTAL PLANNING $1,488.83
1005560 - BUILDING SERVICES
ESGIL CORPORATION BUILDING PERMIT-NOV 21 02/25/2022 101372 $17,821.94 TOTAL BUILDING SERVICES $17,821.94
1005590 - PARKING ENFORCEMENT
DATATICKET INC. PARKING TICKET ADMIN-JAN 03/03/2022 101409 $514.41 SUN GRAPHICS INC CORRECTIONS NOTICES 02/25/2022 101393 $311.40 VERIZON WIRELESS-SD 442224168-1-08/24-09/23/21 02/25/2022 101397 $141.39 VERIZON WIRELESS-SD 442224168-1-12/24-01/23/22 02/25/2022 101397 $141.23 TOTAL PARKING ENFORCEMENT $1,108.43
1006110 - LAW ENFORCEMENT
SAN DIEGO COUNTY SHERIFF'S DEPT. CR TOW FEE-NOV 03/03/2022 101426 ($3,895.73) SAN DIEGO COUNTY SHERIFF'S DEPT. LAW ENFORCEMENT-NOV 03/03/2022 101426 $391,125.34 TOTAL LAW ENFORCEMENT $387,229.61
1006120 - FIRE DEPARTMENT
NAPA AUTO PARTS INC WIPER BLADES 02/25/2022 101382 $38.77 CULLIGAN OF SAN DIEGO DRINKING WATER-FEB 02/25/2022 101365 $91.60 COMPRESSED AIR SPECIALTIES INC AIR COMPRESSOR MAINT 03/03/2022 101406 $446.73 DRIVE AUTO CARE F-250-MIRROR MOTOR/OIL CHANGE/CNTR
CONSOL CABLE
03/03/2022 101410 $536.91
VERIZON WIRELESS-SD 962428212-1-12/29-01/28/22 02/25/2022 101397 $567.09 CITY OF ENCINITAS FY22 FIRE MGMNT-Q1&Q2 02/25/2022 101362 $168,495.00 REGIONAL COMMS SYS, MS 056 - RCS CAP CODE-JAN 03/03/2022 101423 $32.50 WEX BANK AUTO FUEL- DEC 02/25/2022 101398 $1,316.21
WEX BANK CR EXCEMPT TAX- DEC 02/25/2022 101398 ($67.53) WEX BANK AUTO FUEL-JUN 21 02/25/2022 101398 $1,264.75
WEX BANK CR EXEMPT TAX-JUN 21 02/25/2022 101398 ($72.59) WEX BANK AUTO FUEL-JAN 03/03/2022 101430 $1,637.75
WEX BANK CR EXEMPT TAX-JAN 03/03/2022 101430 ($80.84)
WEX BANK FINANCE CHARGE-JAN 03/03/2022 101430 $117.85
JOHNSON CONTROLS FIRE PROTECTION LP ANNUAL EXTINGUISHER INSPECTION 02/25/2022 101374 $446.66 L. N. CURTIS & SONS INC AZORP KIT ARIZONA VORTEX 03/03/2022 101419 $570.65 L. N. CURTIS & SONS INC BOOTS-STYERS 03/03/2022 101419 $499.18 LAWNMOWERS PLUS FAN HSNG W-STR ES 03/03/2022 101416 $139.53 LAWNMOWERS PLUS AIR FILTER/ V BELT 03/03/2022 101416 $69.47 LAWNMOWERS PLUS V BELT/AIR FILTER 03/03/2022 101416 $84.55 TOTAL FIRE DEPARTMENT $176,134.24
1006170 - MARINE SAFETY
CAMEO PAPER & JANITORIAL SUPPLY INC TISSUE/TOWELS 03/03/2022 101405 $132.05 VERIZON WIRELESS-SD 962428212-1-12/29-01/28/22 02/25/2022 101397 $152.04 KAENON, LLC SUNGLASSES-MCPHEE/PENNELL 03/03/2022 101414 $150.26 SUNBELT RENTALS, INC. FORKLIFT-09/22/21 02/25/2022 101394 $1,061.17 TOTAL MARINE SAFETY $1,495.52
1006510 - ENGINEERING
VERIZON WIRELESS-SD 362455526-1-01/02-02/01/22 02/25/2022 101397 $18.22 DEPARTMENT OF CONSUMER AFFAIRS FORTIER-RNWL-ENG 02/25/2022 101367 $180.00 TOTAL ENGINEERING $198.22
1006520 - ENVIRONMENTAL SERVICES
Page: 4 of 6
MISSION LINEN & UNIFORM INC LAUNDRY-PW 02/25/2022 101380 $13.62 MISSION LINEN & UNIFORM INC LAUNDRY-PW 02/25/2022 101380 $13.62 MISSION LINEN & UNIFORM INC LAUNDRY-PW 02/25/2022 101380 $13.62 AFFORDABLE PIPELINE SERVICES INC O-SEWER/STORM DRAIN MAINT 02/25/2022 101357 $1,140.00 MIKHAIL OGAWA ENGINEERING STORM PRK MGMNT-JAN 02/25/2022 101379 $11,642.27 VERIZON WIRELESS-SD 362455526-1-01/02-02/01/22 02/25/2022 101397 $18.22 CLEAN EARTH ENVIROMENTAL SOLUTIONS HHW-JAN 02/25/2022 101363 $1,136.98 TOTAL ENVIRONMENTAL SERVICES $13,978.33
1006530 - STREET MAINTENANCE
MISSION LINEN & UNIFORM INC LAUNDRY-PW 02/25/2022 101380 $23.35 MISSION LINEN & UNIFORM INC LAUNDRY-PW 02/25/2022 101380 $23.35 MISSION LINEN & UNIFORM INC LAUNDRY-PW 02/25/2022 101380 $23.35 DIXIELINE LUMBER CO INC SCREWS 02/25/2022 101369 $9.69
DIXIELINE LUMBER CO INC EPOXY TIE SET 02/25/2022 101369 $160.01 DIXIELINE LUMBER CO INC DUCK TAPE/CONCRETE MIX 02/25/2022 101369 $20.75 VERIZON WIRELESS-SD 362455526-1-01/02-02/01/22 02/25/2022 101397 $18.22 VERIZON WIRELESS-SD 362455526-1-01/02-02/01/22 02/25/2022 101397 $186.00 BILL SMITH FOREIGN CAR SERVICE INC COLORADO-OIL CHANGE 02/25/2022 101358 $53.95 TOTAL STREET MAINTENANCE $518.67
1006540 - TRAFFIC SAFETY
DEPARTMENT OF TRANSPORTATION COST SHARE AGMT - I-5 TRAFFIC SIGNALS-DEC 02/25/2022 101368 $464.58 DEPARTMENT OF TRANSPORTATION COST SHARE AGMT - I-5 TRAFFIC SIGNALS-DEC 02/25/2022 101368 $882.86 VERIZON WIRELESS-SD 362455526-1-01/02-02/01/22 02/25/2022 101397 $13.02 ALL CITY MANAGEMENT SERVICES, INC Crossing Guards - 01/09/22-01/22/22 03/03/2022 9000437 $3,272.22 ALL CITY MANAGEMENT SERVICES, INC Crossing Guards - 12/12/21-12/25/21 03/03/2022 9000437 $3,254.04 SIEMENS MOBILITY, INC. TRAFFIC SIGNAL AND SAFETY LIGHT
MAINT/REPAIR-DEC
02/25/2022 101390 $966.60
SIEMENS MOBILITY, INC. TRAFFIC SIGNAL AND SAFETY LIGHT
MAINT/REPAIR-JAN
02/25/2022 101390 $189.80
SIEMENS MOBILITY, INC. TRAFFIC SIGNAL AND SAFETY LIGHT
MAINT/REPAIR-JAN
02/25/2022 101390 $1,120.00
SIEMENS MOBILITY, INC. TRAFFIC SIGNAL AND SAFETY LIGHT
MAINT/REPAIR-DEC
02/25/2022 101390 $1,120.00
SIEMENS MOBILITY, INC. TRAFFIC SIGNAL AND SAFETY LIGHT
MAINT/REPAIR-NOV
02/25/2022 101390 $1,120.00
SIEMENS MOBILITY, INC. TRAFFIC SIGNAL AND SAFETY LIGHT
MAINT/REPAIR-NOV
02/25/2022 101390 $700.65
TOTAL TRAFFIC SAFETY $13,103.77
1006550 - STREET CLEANING
PRIDE INDUSTRIES TRASH ABATEMENT SERVICES-JAN 02/25/2022 101386 $463.08 TOTAL STREET CLEANING $463.08
1006560 - PARK MAINTENANCE
MISSION LINEN & UNIFORM INC LAUNDRY-PW 02/25/2022 101380 $16.54 MISSION LINEN & UNIFORM INC LAUNDRY-PW 02/25/2022 101380 $16.54 MISSION LINEN & UNIFORM INC LAUNDRY-PW 02/25/2022 101380 $16.54 NAPA AUTO PARTS INC LITHIUM BATTERY 02/25/2022 101382 $8.07 VERIZON WIRELESS-SD 362455526-1-01/02-02/01/22 02/25/2022 101397 $26.03 TOTAL PARK MAINTENANCE $83.72
1006570 - PUBLIC FACILITIES
DIXIELINE LUMBER CO INC CEMENT 02/25/2022 101369 $6.10
DIXIELINE LUMBER CO INC SOCKET/SCREWS/LOCK NUT/CORNER BRACE 02/25/2022 101369 $10.24 DIXIELINE LUMBER CO INC VELCRO 02/25/2022 101369 $9.49
Page: 5 of 6
DIXIELINE LUMBER CO INC CORNER BRACE/SOCKET 02/25/2022 101369 $27.56 DIXIELINE LUMBER CO INC SOAP/LOTION DISPENSER 02/25/2022 101369 $90.55 CONSOLIDATED ELECTRICAL DIST INC BALLAST 02/25/2022 101364 $64.65 24 HOUR ELEVATOR, INC MAINTENANCE-FEB 02/25/2022 101354 $176.40 24 HOUR ELEVATOR, INC REFUND-TRASPORTATION FEE 02/25/2022 101354 ($17.00) CINTAS CORPORATION NO. 2 FIRST AID SUPPLIES-PW 02/25/2022 101361 $55.95 TYCO FIRE & SECURITY MANAGMENT FIRE EXTINGUISHER INSPCTION 03/03/2022 101413 $446.66 THE HOME DEPOT PRO LINERS/CLOROX/SPONGES 02/25/2022 101395 $275.05 STANDARD PLUMBING SUPPLY COMPANY DRAIN CLEANER 02/25/2022 101391 $48.90 CALIFORNIA OFFICE CLEANING, INC JANITORIAL/CUSTODIAL SVC-JAN 02/25/2022 101359 $7,150.00 CALIFORNIA OFFICE CLEANING, INC JANITORIAL/CUSTODIAL SVC-JAN 02/25/2022 101359 $150.00 READY REFRESH BY NESTLE DRINKING WATER-CH-JAN 02/25/2022 101387 $213.49 READY REFRESH BY NESTLE DRINKING WATER-PW-JAN 02/25/2022 101387 $31.82 READY REFRESH BY NESTLE DRINKING WATER -LC-JAN 02/25/2022 101387 $47.95 PRIDE INDUSTRIES TRASH ABATEMENT SERVICES-JAN 02/25/2022 101386 $463.09 TOTAL PUBLIC FACILITIES $9,250.90
1007100 - COMMUNITY SERVICES
ELIZABETH MARUCHEAN REIMB-TREE LIGHT SUPPLIES 02/25/2022 101371 $77.85 TOTAL COMMUNITY SERVICES $77.85
1007110 - GF-RECREATION
ABLE PATROL & GUARD, INC FCCC SECURITY-01/22/22 02/25/2022 101355 $150.00 ABLE PATROL & GUARD, INC FCCC-01/02/22 & 01/08/22 02/25/2022 101355 $275.00 TOTAL GF-RECREATION $425.00
1355200 - ASSET REPLACEMENT-CTY MNGR
OFFICE DEPOT INC SCANNER-MUNIS 03/03/2022 101421 $1,670.11 TYLER TECHNOLOGIES, INC. 50/50 WORK SPLIT 03/03/2022 101428 $1,124.68 TYLER TECHNOLOGIES, INC. 50/50 WORK SPLIT 03/03/2022 101428 $449.87 TYLER TECHNOLOGIES, INC. 50/50 WORK SPLIT 03/03/2022 101428 $1,799.49 TYLER TECHNOLOGIES, INC. IMPLMNTN-50/50 WORK SPLIT 03/03/2022 101428 $1,764.68 TOTAL ASSET REPLACEMENT-CTY MNGR $6,808.83
1355300 - ASSET REPLACEMENT-FINANCE
TYLER TECHNOLOGIES, INC. 50/50 WORK SPLIT 03/03/2022 101428 $2,375.32 TYLER TECHNOLOGIES, INC. 50/50 WORK SPLIT 03/03/2022 101428 $950.13 TYLER TECHNOLOGIES, INC. 50/50 WORK SPLIT 03/03/2022 101428 $3,800.51 TYLER TECHNOLOGIES, INC. IMPLMNTN-50/50 WORK SPLIT 03/03/2022 101428 $3,015.32 TOTAL ASSET REPLACEMENT-FINANCE $10,141.28
2117600 - STREET LIGHTING DISTRICT
VERIZON WIRELESS-SD 362455526-1-01/02-02/01/22 02/25/2022 101397 $5.21 SIEMENS MOBILITY, INC. STREETLIGHT MAINTENANCE/REPAIR SVC-NOV 02/25/2022 101390 $149.00 SIEMENS MOBILITY, INC. STREETLIGHT MAINTENANCE/REPAIR SVC-DEC 02/25/2022 101390 $2,283.30 SIEMENS MOBILITY, INC. STREETLIGHT MAINTENANCE/REPAIR SVC-JAN 02/25/2022 101390 $1,060.00 SIEMENS MOBILITY, INC. STREETLIGHT MAINTENANCE/REPAIR SVC-DEC 02/25/2022 101390 $223.50 TOTAL STREET LIGHTING DISTRICT $3,721.01
2196110 - COPS PROGRAM
SAN DIEGO COUNTY SHERIFF'S DEPT. LAW ENFORCEMENT-NOV 03/03/2022 101426 $12,000.00 TOTAL COPS PROGRAM $12,000.00
2286510 - TRANSNET EXTENSION-CIP
MW PELTZ + ASSOCIATES INC SANTA HELENA NBRHD TRAIL FINAL DESIGN 02/25/2022 101381 $3,220.00 CHEN RYAN ASSOCIATES 9538 SAFE RT SCH-JAN 02/25/2022 101360 $5,123.97 TOTAL TRANSNET EXTENSION-CIP $8,343.97
Page: 6 of 6
2466510 - PER CAPITA GRANT FUND-CIP
CHEN RYAN ASSOCIATES 9538 SAFE RT SCH-JAN 02/25/2022 101360 $15,371.90 TOTAL PER CAPITA GRANT FUND-CIP $15,371.90
2505570 - COASTAL BUSINESS/VISITORS
ACTION BOUNCE COMPANY EGG HUNT-1 FUN JUMPS 02/25/2022 101356 $438.00 LINDA M SINNACHCHARIGE FACE PAINT-EGG HUNT-04/16/22 03/03/2022 101418 $350.00 TOTAL COASTAL BUSINESS/VISITORS $788.00
2706120 - PUBLIC SAFETY- FIRE
VERIZON WIRELESS-SD 962428212-1-12/29-01/28/22 02/25/2022 101397 $114.03 ARNOLD A LEWIN 2021 SOLANA BEACH CERT PROGRAM 02/25/2022 101376 $1,505.00 L. N. CURTIS & SONS INC VORTEX TRIPOD KIT 02/25/2022 101377 $4,726.25 TOTAL PUBLIC SAFETY- FIRE $6,345.28
5097700 - SANITATION
MISSION LINEN & UNIFORM INC LAUNDRY-PW 02/25/2022 101380 $9.73 MISSION LINEN & UNIFORM INC LAUNDRY-PW 02/25/2022 101380 $9.73 MISSION LINEN & UNIFORM INC LAUNDRY-PW 02/25/2022 101380 $9.73 AFFORDABLE PIPELINE SERVICES INC E-SEWER CLEANING-10,003 02/25/2022 101357 $5,001.50 AFFORDABLE PIPELINE SERVICES INC C-SEWER CLEANING-45,335 02/25/2022 101357 $22,667.50 AFFORDABLE PIPELINE SERVICES INC N-SEWER CLEANING 02/25/2022 101357 $1,100.00 AFFORDABLE PIPELINE SERVICES INC I-SEWER CLEANING 02/25/2022 101357 $425.00 AFFORDABLE PIPELINE SERVICES INC I-SEWER CLEANING 02/25/2022 101357 $425.00 AFFORDABLE PIPELINE SERVICES INC I-SEWER CLEANING 02/25/2022 101357 $500.00 LANCE,SOLL & LUNGHARD, LLP FY22 AUDIT SVC 03/03/2022 101415 $1,354.20 VERIZON WIRELESS-SD 362455526-1-01/02-02/01/22 02/25/2022 101397 $5.21 US BANK 2017 SEPJA PRINCIPLE/INTEREST 03/01 02/23/2022 54465 $104,003.13 US BANK 2017 SEPJA PRINCIPLE/INTEREST 03/01 02/23/2022 54465 $300,000.00 US BANK 2017 SEPJA PRINCIPLE/INTEREST 03/01 02/23/2022 54465 ($0.09) TOTAL SANITATION $435,510.64
5507750 - SOLANA ENERGY ALLIANCE
LANCE,SOLL & LUNGHARD, LLP FY22 AUDIT SVC 03/03/2022 101415 $109.80 BAYSHORE CONSULTING GROUP, INC CCA PROF SVC-JAN 02/25/2022 9000434 $300.00 TOSDAL APC SEA PROF SVC-JAN 02/25/2022 101396 $1,190.00 TOTAL SOLANA ENERGY ALLIANCE $1,599.80
6527810 - SUCCESSOR AGENCY
LANCE,SOLL & LUNGHARD, LLP FY22 AUDIT SVC 03/03/2022 101415 $256.20 BURKE WILLIAMS & SORENSEN 97-0003/PROF SVC 03/03/2022 101404 $60.00 TOTAL SUCCESSOR AGENCY $316.20
REPORT TOTAL: $1,297,713.84
COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # A.3.
STAFF REPORT
CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: March 23, 2022
ORIGINATING DEPT: Finance
SUBJECT: Report on Changes Made to the General Fund Adopted Budget for Fiscal Year 2021-22
BACKGROUND:
Staff provides a report at each Council meeting that lists changes made to the current Fiscal Year (FY) General Fund Adopted Budget. The information provided in this Staff Report lists the changes made through March 9, 2022.
DISCUSSION:
The following table on the next page reports the revenue, expenditures, and transfers for 1) the Adopted General Fund Budget approved by Council on June 23, 2021 (Resolution 2021- 092) and 2) any resolutions passed by Council that amended the Adopted General Fund Budget.
Action Description Revenues Expenditures
Transfers
from GF Net Surplus
Reso 2021-092 Adopted Budget 22,694,100 (20,222,560) (916,100) (1)/(2) $ 1,555,440 Reso 2021-086 Crossing Guards 121,540 (48,984) - 1,627,996 Reso 2021-096 FY22 MOU - (950) - 1,627,046
Reso 2021-103 Landscaping Maintenance Services - (40,000) - 1,587,046 Reso 2021-125 Street Maintenance and Repairs Project - - (200,000) (2) 1,387,046 Reso 2022-019 Street Maintenance and Repairs Project - - (17,500) (2) 1,369,546 Reso 2022-017 La Colonia Master Plan Update - - (32,140) (2) 1,337,406 Reso 2022-025 FY22 Mid-Year Budget Update 365,000 (358,000) - 1,344,406 (1) Transfers to: 150,100
Debt Service for Public Facilities 150,100
(2) Transfer to: 1,015,640
City CIP Fund 1,015,640
Action Description Revenues Expenditures
Transfers
from GF Net
Reso 2021-124 FY21 Surplus- PARS Contribution - (455,000) (455,000)
GENERAL FUND - ADOPTED BUDGET PLUS CHANGES
As of March 09, 2022
General Fund Operations
General Fund Unreserved Balance
..
..
..
..
March 23, 2022
General Fund Budget Changes -FY 2022
CEQA COMPLIANCE STATEMENT:
Not a project as defined by CEQA
FISCAL IMPACT:
N/A
WORK PLAN:
N/A
OPTIONS:
∙ Receive the report.
∙ Do not accept the report
DEPARTMENT RECOMMENDATION:
Staff recommends that the City Council receive the report listing changes made to the FY 2021-2022 General Fund Adopted Budget.
CITY MANAGER’S RECOMMENDATION:
Approve Department Recommendation
_________________________________
Gregory Wade, City Manager
COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # A.4.
STAFF REPORT
CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: March 23, 2022
ORIGINATING DEPT: Community Development Department
SUBJECT: City Council Consideration of Resolution No. 2022-020 Approving the Housing Element Annual Progress Report
and Housing Successor Annual Report for Fiscal Year
2020/21 and Directing Submittal to the California
Department of Housing and Community Development and
the Governor’s Office of Planning and Research
BACKGROUND:
Government Code1 Section 65400 requires that each city and county planning agency prepare an annual progress report (APR) on the status of the Housing Element of its General Plan and report on the progress of the implementation of the policies in the Housing Element, using the forms and definitions adopted by the California Department of Housing and Community Development (HCD). A required part of the report is the Housing Successor Annual Report (Housing Successor Report).
The item before Council is to consider adoption of Resolution 2022-020 (Attachment 1) ratifying the Housing Element APR (Attachment 2) and Housing Successor Annual Report for Fiscal Year (FY) 2020/21 (Attachment 3) pursuant to California Health and Safety Code Section 34176.1(f). If approved, Staff will submit the final reports to HCD and the Governor’s Office of Planning and Research.
DISCUSSION:
The Housing Element is an important planning policy document. It is used to identify the projected housing needs of the community and establishes policies to support the further development of all types of housing, including affordable housing, within the City. 1 All references are to the California Government Code unless specified otherwise.
March 23, 2022
Housing Element Annual Progress Report
All California municipalities are required to adopt a Housing Element as part of their General Plan. Distinct from the other General Plan elements, the Housing Element is subject to detailed statutory requirements and mandatory review by HCD.
The City Council adopted the City of Solana Beach Housing Element 2021-2029 and Negative Declaration by Resolution 2021-041 on April 14, 2021. The document was then submitted to HCD for certification. HCD’s certification of the City’s Housing Element is pending.
This progress report spans from January 1, 2021 through December 31, 2021 and includes statistics on the production of all housing types, including affordable housing, during the sixth cycle of the Regional Housing Needs Assessment (RHNA) for the San Diego Association of Governments (SANDAG), which began on April 15, 2021 and ends on April 15, 2029. The 2021 Housing Element APR (Attachment 2) contains the information required by state law. The data included in the APR is further described below.
Table A - Housing Development Applications Submitted
As part of the new reporting requirements, cities are required to provide data on housing developments for which an application was submitted (and deemed complete) between January 1, 2021 and December 31, 2021. Housing development applications include an application for a discretionary entitlement, which results in a newly constructed housing unit, or a building permit application when only a ministerial process is required. Only newly constructed housing units are reported. For example, an application for an addition to an existing residence would not be counted; however, an application for a demolition and replacement of a residential structure would be counted. Furthermore, only applications which were “deemed complete” in 2021 were included. Attachment 2, Table A, includes all housing applications deemed complete in 2021, the number of proposed units by affordability level, and the number of units that have been approved by affordability level. In 2021, 22 housing development applications were deemed complete for a combined total of 25 units.
Table A-2 - Annual Building Activity Report Summary
Another new reporting requirement includes the requirement for data on net new housing units and developments that have received any one of the following: an entitlement, a building permit or a certificate of occupancy. The data is included in Attachment 2, Table A2. Only developments that resulted in net new housing units are included in Table A2.
For example, an application that included the demolition and replacement of a residential structure would not be counted in this table; however, a new housing application proposed on a vacant lot would be counted.
It is expected that the same projects will be reported in multiple years of APRs. For example, a project will be listed in three separate APRs if it is entitled in one year, receives a building permit next year, and the certificate of occupancy in the following year.
In 2021, 3 development projects that result in net new housing units received entitlements, for a combined total of 3 net new units; 23 development projects received March 23, 2022
Housing Element Annual Progress Report
building permits for a combined total of 51 net new units; and 9 development projects were finaled for a combined total of 10 net new units.
Table B - Regional Housing Needs Assessment (RHNA) Progress Report On July 10, 2020, SANDAG adopted the RHNA allocations for each jurisdiction within the region for an 8-year cycle, beginning on April 15, 2021 and ending April 15, 2029. The RHNA allocation for all income categories for the City of Solana Beach is 875 units over this 8-year projection period.
Attachment 2, Table B identifies the number of net new dwelling units that were issued building permits from January 1, 2021 through December 31, 2021, based on income category.
As of December 31, 2021, a net total of 51 housing units were issued building permits, leaving a remainder of 824 units in the total RHNA allocation of 875 units for all income types. Of those 51 housing units, 51 were permitted during the 2021 reporting period. A breakdown of the housing units by year is depicted in Attachment 2, Table B.
For the current RHNA cycle, the number of permitted housing units by affordable category is as follows:
• The City’s total RHNA allocation for above moderate income units is 240 and 31 units in this category have been permitted.
• The total RHNA allocation for moderate income units is 160 and 20 moderate income units, which are Accessory Dwelling Units, have been permitted. • The total RHNA allocation for low income units is 159 and 0 units have been permitted.
• The total RHNA allocation for very low income units is 316 and 0 units have been permitted.
March 23, 2022
Housing Element Annual Progress Report
Table C –Sites Identified or Rezoned to Accommodate Shortfall Housing Need Attachment 2, Table C is used to report rezoned or identified sites required by no net loss pursuant to Government Code Section 65863. When a city permits or causes its housing element sites inventory site capacity to be insufficient to meet its remaining unmet RHNA, they are required to identify additional sites to meet the RHNA or if needed, rezone sites to accommodate the unmet RHNA. There were no development projects approved in 2021 that resulted in the City’s inability to meet is unmet RHNA; therefore, these reporting requirements do not apply to the City and were left unreported.
Table D – Housing Element Cycle and Implementation Progress Report Attachment 2, Table D provides an itemized status report on the 2021-2029 Housing Element Implementation for 33 programs, which were adopted with the City’s Housing Element. These programs establish the policies of the City Council to encourage the construction of new affordable housing in Solana Beach, additional affordable housing opportunities using existing housing, and new housing in all income categories as identified in the RHNA and the Housing Element itself.
Information on other City regulations, which serve to facilitate affordable housing in the community, is located at the public counter in City Hall. This includes information on the City’s density bonus and the City’s Affordable Housing and Accessory Dwelling Unit Ordinances.
Table E – Commercial Development Bonus
Attachment 2, Table E is used to report information on commercial development bonuses approved during the reporting period. When an applicant for approval of a commercial development has entered into an agreement for partnered housing to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the city, county, or city and county shall grant to the commercial developer a development bonus as prescribed in Government Code Section 65915.7. No commercial development bonuses were requested or approved; therefore, these reporting requirements do not apply and were left unreported.
Housing Successor Annual Report
Senate Bill 341 (SB 341), which is codified in Health and Safety Code Section 34176.1 (Section 34176.1) and became effective on January 1, 2014, requires each housing successor that assumed the housing functions of a former redevelopment agency to post a report on its website that contains information regarding the low- and moderate-income housing asset fund (Fund) of the former redevelopment agency for the previous fiscal year. In this case, the City, as the housing successor (Housing Successor), is required to prepare and post the report.
March 23, 2022
Housing Element Annual Progress Report
In addition, the Housing Successor is required to conduct and provide to the Council an independent financial audit (Audit) of the Fund within six months of the end of the fiscal year. The Audit may be included as part of the City’s independent financial audit.
The Housing Successor assumed the housing functions of the former Solana Beach Redevelopment Agency (RDA) on January 11, 2012. The transfer of the functions included the transfer of formerly designated RDA low- and moderate-income housing funds together with any funds generated by former RDA housing assets. The funds must be maintained by the City in the separate Fund and expended in accordance with Section 34176.1. Allowable expenditures include the development of affordable housing, monitoring and preservation of housing subject to affordability restrictions and covenants, and homelessness prevention and rapid rehousing services for homeless individuals.
To ensure that the monies in the Fund are expended in accordance with the law, Section 34176.1(f) requires an independent financial audit of the Fund within six months of the end of the fiscal year. The Fund has maintained a zero balance for the entirety of the fiscal year. As a result, no audit report was prepared for the fiscal year.
SB 341 also requires annual reporting and website posting of a Housing Successor Report for the fiscal year related to the Fund. The Housing Successor Report for FY 2020/21 includes the following information:
• The Fund’s balance for the fiscal year ending June 30, 2020 was $0 and there was no financial activity for the fiscal year ending June 30, 2021 resulting in a $0 fund balance for fiscal year ending June 30, 2021.
• The statutory value of assets owned by the Housing Successor was $0. • The Fund does not have an “excess surplus” (the aggregate of unencumbered funds deposited into the Fund during the preceding four fiscal years).
After City Council approval, the Housing Successor Report (Attachment 3) will be posted on the City’s website and submitted to HCD.
In conclusion, Staff recommends that the Council consider approval of Resolution 2022- 020 as contained in Attachment 1. Should the Council approve and adopt Resolution 2022-020, it is further recommended that the Council direct City Staff to submit the 2021 Housing Element APR and the 2020/21 Housing Successor Annual Report to HCD as required by state law.
CEQA COMPLIANCE STATEMENT:
Not a project as defined by CEQA.
FISCAL IMPACT:
N/A
March 23, 2022
Housing Element Annual Progress Report
WORK PLAN:
Community Character – Land Use & Planning – Housing Element OPTIONS:
• Approve Staff’s recommendation to adopt the 2021 Annual Housing Element Progress Report and the 2020/21 Housing Successor Annual Report and adopt Resolution 2022-020 directing that the reports be submitted to HCD and the Governor’s Office of Planning and Research.
• Approve the reports with modifications and adopt Resolution 2022-020 directing Staff to submit the report to HCD and the Governor’s Office of Planning and Research.
• Provide other direction to Staff.
DEPARTMENT RECOMMENDATION:
Staff recommends that the City Council adopt Resolution 2022-020 approving the 2021 Housing Element Annual Progress Report and the 2020/21 Housing Successor Annual Report as submitted and directing City Staff to file the report with the California Department of Housing and Community Development and the Governor’s Office of Planning and Research.
CITY MANAGER’S RECOMMENDATION:
Approve Department Recommendation
_________________________
Gregory Wade, City Manager
Attachments:
1. Resolution 2022-020
2. 2021 Annual Housing Element Progress Report
3. 2020/21 Housing Successor Annual Report
1663\01\2324461.1
3/20/2018
RESOLUTION 2022-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOLANA BEACH, CALIFORNIA, APPROVING THE 2021
HOUSING ELEMENT PROGRESS REPORT AND THE
HOUSING SUCCESSOR ANNUAL REPORT FOR FISCAL
YEAR 2020/21 AND DIRECTING SUBMITTAL TO THE
DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT
WHEREAS, on April 14, 2021 the City Council adopted the City of Solana Beach 2021-2029 Housing Element by Resolution 2021-0041; and
WHEREAS, the Housing Element is an important planning tool for the City of Solana Beach in meeting the housing needs of the community. It establishes an action plan to meet these needs pursuant to Government Code Section 65302(c) which sets forth the specific components to be contained in a community’s housing element; and WHEREAS, on July 10, 2020, the San Diego Association of Governments adopted a plan for the Regional Housing Needs Assessment (RHNA) allocating regional housing needs for the sixth RHNA cycle beginning April 15, 2021 and extending to April 15, 2029 to include adoption of Table B located within Attachment 1; and WHEREAS, the City is required to submit to the California Department of Housing and Community Development (HCD) by April 1, 2022, the 2021 Annual Housing Element Progress Report (Housing Element Report); and
WHEREAS, the Housing Successor Annual Report for Fiscal Year 2020/21 is required by Health & Safety Code Section 34176.1(f) to be submitted to HCD with the Housing Element Report; and
WHEREAS, on March 23, 2022, the City Council adopted the 2021 Annual Housing Element Progress Report and the Housing Successor Annual Report as required under Government Code Section 65400(a)(2)(B); and
NOW, THEREFORE, the City Council of the City of Solana Beach, California, does resolve as follows:
1. That the above recitations are true and correct.
2. The 2021 Annual Housing Element Progress Report and the 2020/21 Housing Successor Annual Report are approved.
Resolution 2022-020
Housing Element Progress Report
1663\01\2324461.1
3/20/2018
3. City Staff is directed to submit and file the 2021 Annual Housing Element Progress Report and the 2020/21 Housing Successor Annual Report with the State Department of Housing and Community Development Department, and also the Governor’s Office of Planning and Research.
PASSED AND ADOPTED this 23rd day of March, 2022, at a regular meeting of the City Council of the City of Solana Beach, California by the following vote:
AYES: Councilmembers –
NOES: Councilmembers –
ABSTAIN: Councilmembers –
ABSENT: Councilmembers –
______________________________
Lesa Heebner, Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ _______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk Jurisdiction Solana Beach ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 04/15/2021 - 04/15/2029
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total
APPROVED
Units by project
Total
DISAPPROVED
Units by Project
Was APPLICATION
SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Was a Density
Bonus requested
for this housing
development?
Summary Row: Start Data Entry Below 0 0 0 0 0 18 7 25 12 0 263-042-05 211 Ocean St. Blakely DRP21-004 SFD O 7/13/2021 1 1 2 No No 263-043-12 510 N Acacia Ave. Churches DRP20-012 SFD O 6/23/2021 1 1 1 No No 263-191-04 521 Canyon Dr. Agee DRP21-003 SFD O 8/25/2021 1 1 1 No No 298-093-38 425 S Granados Shannon DRP20-010 SFD O 2/11/2021 1 1 1 No No 298-092-12 465 Rosa St. Akiko ADU B20-0557 ADU R 7/7/2021 1 1 No No 263-191-09 525 Ford Ave Foss DRP20-006 SFD O 6/18/2021 1 1 No No 263-042-17 506 Pacific Ave. Boyd DRP20-014 SFD O 5/4/2021 1 1 No No 263-611-12 338 Punta Baja Dr. Baja ADU B21-0043 ADU R 5/3/2021 1 1 1 No No 298-121-68 508 S Nardo Ave Hartnack ADU B21-0063 ADU R 3/3/2021 1 1 1 No No 298-093-19 460 Palmitas St Palmitas ADU B21-0292 ADU R 6/9/2021 1 1 1 No No 263-082-13 529 N Granados
Ave Fanning ADU B21-0318 ADU R 7/26/2021 1 1 1 No No
298-094-42 542 S Granados
Ave Carlson ADU B21-0342 ADU R 9/16/2021 1 1 No No
263-321-24 217 N Sierra Ave Major ADU B21-0375 ADU R 10/20/2021 1 1 No No 263-053-13 410 N Acacia Ave Acacia ADU B21-0344 ADU R 7/26/2021 1 1 No No 263-061-11 418 Seabright Ln. Barrad ADU B20-0196 2 to 4 R 2/1/2021 2 2 2 No No 298-075-07 331 S Granados Cohen ADU B20-0411 ADU R 3/18/2021 1 1 1 No No 263-022-18 630 W Circle Dr. Von Posern ADU B20-0517 ADU R 1/15/2021 1 1 No No 298-510-06 1512 Uno Verde Ct Hsueh ADU B20-0579 ADU R 3/17/2021 1 1 1 No No 298-133-11 834 Vera St Davis Residence B20-0464 2 to 4 O 7/19/2021 1 1 2 No No 263-361-13 262 Barbara Ave. B21-0122 ADU R 6/14/2021 1 1 1 No No 263-072-27 426 N Rios Ave. Pfahl ADU B21-0054 ADU R 5/6/2021 1 1 No No 298-520-04 220 Linda Mar Dr. Luey ADU B20-0487 ADU R 5/18/2021 1 1 No No 0 0
Table A
Housing Development Applications Submitted
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes (CCR Title 25 §6202)
Density Bonus
10 Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
14 15 16 17 18 19 20 21 22 23 24 25
W as Project
APPROVED using GC
65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs for
Each Development
(may select multiple - see
instructions)
Deed Restriction Type
(may select multiple -
see instructions)
For units affordable without financial
assistance or deed restrictions,
explain how the locality determined
the units were affordable
(see instructions)
Term of Affordability or Deed
Restriction (years) (if
affordable in perpetuity enter
1000)+
Number of
Demolished/Destroy
ed Units
Demolished or
Destroyed Units
Demolished/Destr
oyed Units Owner
or Renter
Total Density Bonus Applied to the
Project (Percentage Increase in
Total Allowable Units or Total
Maximum Allowable Residential
Gross Floor Area)
Number of Other Incentives,
Concessions, W aivers, or
Other Modifications Given
to the Project (Excluding
Parking W aivers or Parking
Reductions)
List the incentives,
concessions, waivers,
and modifications
(Excluding Parking
W aivers or Parking
Modifications)
Did the project receive a
reduction or waiver of parking
standards? (Y/N)
Notes+
0 3 0
N ADU
N
N ADU
N ADU
N ADU
N ADU
N ADU
N ADU
N ADU
N ADU
N ADU
N
N
N ADU
N
N ADU
N ADU
N ADU
N
N ADU
N 1 Demolished O
N ADU
N ADU 2 Demolished O
N ADU
N ADU/JADU
N ADU
N ADU
N ADU
N ADU
N ADU
N ADU
ADU
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed Units Density Bonus Jurisdiction Solana Beach ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 04/15/2021 - 04/15/2029
Table A2
Annual Building Activ ity Report Summary - New Construction, Entitled, Permits and Completed Units 2 3 5 6 8 9 11 12 13
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income Non
Deed Restricted
ModerateIncome Deed
Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Entitlement
Date Approved
# of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very Low- Income
Non Deed
Restricted
Low- Income
Deed Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Building Permits Date
Issued
# of Units Issued
Building Permits
Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income
Deed Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Certificates of Occupancy or
other forms of readiness
(see instructions) Date
Issued
# of Units issued
Certificates of
Occupancy or other
forms of readiness
How many of the
units were
Extremely Low
Income?+
Summary Row: Start Data Entry Below 0 0 0 0 0 2 1 6 0 0 0 0 0 20 31 47 0 0 0 0 0 7 3 10 0 298-134-14 840 Hernandez St Dunn-Pulaski 17-18-13 ADU R 1 1/15/2021 1 0 0 298-292-23 840 Avocado Pl Morrison Residence DRP20-004 SFD O 1 2/10/2021 1 1 9/23/2021 1 0 263-332-35 248 N Sierra Ave. ADU B20-0238 ADU R 0 0 1 8/23/2021 1 298-081-28 166 S Nardo Ave Backcountry Hut B19-0410 ADU R 0 0 1 7/7/2021 1 263-082-14 537 N Granados Gladnick DRP20-005 ADU R 1 3/31/2021 1 0 0 298-140-25 895 Genevieve St Rodmel ADU B20-0344 ADU R 0 1 4/7/2021 1 0 298-084-48 318 S Nardo Ave McHale 17-18-17 ADU R 0 1 10/25/2021 1 0 263-361-13 262 Barbara Ave. B21-0122 ADU R 0 1 8/24/2021 1 0 263-082-13 529 N Granados Ave Granados ADU B21-0318 ADU R 0 1 10/19/2021 1 0 263-096-01 642 Mar Vista Dr. Mar Vista ADU B19-0522 ADU R 0 0 1 6/18/2021 1 298-292-20 984 Avocado Pl Weaver Residence 17-18-11 2 to 4 O 0 0 1 1 10/25/2021 2 263-182-02 516 Ford Ave Landholdings LLC DRP19-008 SFD O 0 1 1/12/2021 1 1 12/14/2021 1 298-092-14 521 S Rios Ave Margulis Residence DRP19-003 2 to 4 O 2 1 1 9/23/2021 0 0 298-083-66 218 S. Granados Ave Wilson Residence 17-19-10 ADU R 0 1 2/24/2021 1 0 263-031-12 645 N Rios Ave Pope ADU B20-0513 ADU R 1 1 3/16/2021 0 0 263-081-19 617 Barbara Ave Dunne ADU B20-0509 ADU R 0 1 6/10/2021 1 0 298-292-09 934 Avocado Pl ADU B20-0257 ADU R 0 1 4/14/2021 1 0 263-372-24 143 N Granados Ave. Ahn ADU B20-0241 ADU R 0 1 2/17/2021 1 0 298-292-24 970 Avocado McCardle Residence DRP19-007/SDP19-006 SFD O 0 0 1 10/19/2021 1 298-440-17 752 Sonrisa St B20-0214 ADU R 0 1 1/20/2021 1 1 4/27/2021 1 0 0 0
0 0 0
263-372-27 127-129 N Granados 17-17-47 2 to 4 O 0 3 9/14/2021 3 0 263-062-06 603 Seabright Ln. Zito ADU B20-0081 ADU R 1 1 1/6/2021 0 0 298-052-08 120 Dahlia Dr. Solana Sandbox B19-0630 SFA O 0 25 12/20/2021 25 0 263-652-03 1103 Santa Rufina Snow JADU B20-0328 ADU R 0 0 1 1/6/2021 1 263-061-11 418 Seabright Ln. Barrad ADU B20-0196 ADU R 0 2 10/21/2021 2 0 298-075-07 331 S Granados Cohen ADU B20-0411 ADU R 0 1 12/13/2021 1 0 263-022-18 630 W Circle Dr. Von Posern ADU B20-0517 ADU R 0 1 6/3/2021 1 1 10/25/2021 1 298-510-06 1512 Uno Verde Ct Uno Verde ADU B20-0579 ADU R 0 1 9/22/2021 1 0 263-611-12 338 Punta Baja Dr. Baja ADU B21-0043 ADU R 0 1 7/29/2021 1 0 298-121-68 508 S Nardo Ave Hartnack ADU B21-0063 ADU R 0 1 7/13/2021 1 0 298-093-19 460 Palmitas St Palmitas ADU B21-0292 ADU R 0 1 11/19/2021 1 0 0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
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0 0 0
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0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
Note: "+" indicates an optional field
Project Identifier
(CCR Title 25 §6202)
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Jurisdiction Solana Beach ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 04/15/2021 - 04/15/2029 (CCR Title 25 §6202) 1 3 4
RHNA Allocation
by Income Level 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years) Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted - - - - - - - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted - - - - - - - - -
Non-Deed Restricted 20 - - - - - - - -
Above Moderate 240 31 - - - - - - - - 31 209
875
51 - - - - - - - - 51 824
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units. 159
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.
Total RHNA
Total Units
Income Level
Very Low
Low
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 140
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
20 Moderate
316
159
160
Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
316
Jurisdiction Solana Beach ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 04/15/2021 - 04/15/2029
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very LowIncome Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
(CCR Title 25 §6202)
Jurisdiction Solana Beach
Reporting Year 2021 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Mixed-Use Development
on Commercially-Zoned
Sites
Program 1A: Inventory sites and initiate
planning, encourage mixed use, look for
funding.
Within 24 months The City has recently issued a building permits for a mixed use development, including office, commercial, and 25 multi-family residenital units.
Promotion of ADUs and
JADUs
Program 1B: Distribute information,
evaluate progress, monitor standards
and process.
Within 12 months Anticipated draft ordinance for council consideration in Summer of 2022.
Create ADU Monitoring
Program
Program 1C: Track ADU/JADU creation
and affordability levels Within 24 months Monitoring in progress. During this reporting period, the City has issued 19 building permits for ADUs and 2 permits for JADUs.
Conversion Program of
Existing, Non-Permitted
Accessory Dwelling Units
Program 1D: Provide a process for
converting non-permitted structures into
ADUs
ongoing
The City has historically permitted one illegal ADU per year during the 5th cycle and anticipates that they will continue at this pace. 8 ADU conversions are listed in the City’s quantified objectives for the 2021-2029 planning period. The City has issued 4 building pemrits for legalizing unpermitted dwelling units.
Affordable Housing
Program
Program 1E: Continue to implement its
affordable housing ordinance ongoing
Staff continues to discuss the inclusionary housing program with all applicants proposing 5 or more units and any interested parties; Staff is currently reviewing an application that includes 2 affordable housing units.
Candidate Sites Used in
Previous Housing
Elements
Program 1F: Promote affordable
housing development Within 36 months
Discussed City's Inclusionary requirements with housing developers interested in infill/redevelopment. Application for multi-family housing project anticipated for site on Stevens Avenue.
Federal and State Funding
Programs
Program 1G: Idenitfy housing financing
subsidy programs for their potential
availability to Solana Beach
Within 36 months Monitoringon-going. Will continue to participate in SANDAG meetings to identify funding opportunities to develop affordable housing.
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Manufactured Housing Program 1H: Promote manufactored
housing development Within 24 months Anticipated draft ordinance for council consideration in Summer of 2022.
Density Bonus Ordinance
Program 1I: Update Density Bonus
Ordinance to be consitent with State
Law
Within 24 months Anticipated draft ordinance for council consideration in Summer of 2022.
Ordinance 508 (Accessory
Dwelling Units)
Program 1J: Update Solana Beach
Municipal Code to be Consitent With
Ordinance 508 (Accessory Dwelling
Units)
Within 12 months Anticipated draft ordinance for council consideration in Summer of 2022.
Transitional and
Supportive Housing
Program 1K: Update Solana Beach
Municipal Code Regarding Transitional
and Supportive Housing
Within 12 months
Staff will amend Table 17.12.020-A of the Solana Beach Municipal Code Regarding Transitional and Supportive Housing. Anticipated draft ordinance for council consideration in Summer of 2022. (expand)
Employee Housing
Program 1L: Amend the Solana Beach
Municipal Code to define Employee
Housing so that it is compliant with
Sections 17021.5 and 17021.6 of the
Employee Housing Act
Within 12 months Anticipated draft ordinance for council consideration in Summer of 2022. (expand) Extremely Low-Income
Housing and Housing for
Individuals with Special
Needs
Program 1M: Amend the City’s
development process to assist in the
development of housing for extremelylow households and households and individuals with special needs.
Within 36 months
The City will take the following actions to amend the development process to include the following guaranteed incentives that apply solely to development projects that specifically accommodate housing at the extremely low-income level or that accommodate households for individuals with special needs:
• Adopt a priority processing procedure
• Waive city-controlled development impact fees until certificate of occupancy (COA)
Lower and Moderate
Income Housing
Program 1N:. Pursue outside funding
opportunities for the development of
lower and moderate income households.
Review Annually
As opportunities arise, the City will pursue new funding sources for lower and moderate income multi-family housing from available non-profit, local, state, and federal programs. The City will also seek to partner with local agencies that may provide funding opportunities or other resources that can assist in the development of housing affordable at the lower and moderate income levels.
Preservation of At-Risk
Housing
Program 2A: Preserve Existing
Affordable Housing Annually
The City has reviewed the existing affordable housing developments and determined that no units are currently at risk of converting to market-rate during the planning period. Should this change and existing affordable units become atrisk of converting to market-rate, the City will contact the owners of these properties to explore preservation opportunities such as extending affordability covenants, sale/purchasing these developments, non-profit housing organizations assistance, and applying for financial assistance to preserve these affordable units.
Replacement Housing
Program 2B: Promote Replacement
Housing for Demolished or Vacant
Residential Units that were Occupied by
Lower Income Households
The replacement
requirement will be
implemented upon
adoption of the Housing
Element and applied as
applications on identified
sites are received and
processed, and local
policy shall be adopted
within one year of
adoption of the Housing
Element.
No affordable units lost during this reporting period.
Existing Housing Stock
Rehabilitation
Program 2C: Provide Rehabilitation
Opportunities for Existing Housing
Stock
Within 24 months No rehabilitation projects submitted at this time.
Compliance with SB 35
Provisions Program 3A: ongoing No change to SB-35, the City is not subject to the provisions. Monitoring ongoing.
Public Education
Program 3B: The City shall continue to
monitor, and update information related
to the development of housing through
the continued promotion of public
educational materials. The information
describes the benefits of affordable
housing and the myths and realities of
affordable housing through such means
as public presentations, newspaper
articles, and information posted on the
City’s website.
Ongoing Monitoring ongoing.
Water and Sewer
Resources
Program 3C: Reporting the housing
element to local water and sewer service
providers.
Annually Housing Element shall be provided to local water and sewer providers annually.
Safety Element Update and
Adoption of an
Environmental Justice
Element
Program 3D: SB 1035 requires that the
City, after the initial revision of the
safety element to identify flood hazards
and address the risk of fire in certain
lands upon each revision of the housing
element, review and, if necessary, revise
the safety element to identify new
information relating to flood and fire
hazards that was not previously
available during the previous revision of
the safety element
Within 12 months The City is currently in the process of drafting the Safety and Environmental Justice elements.
Amend Parking
Requirements for
Emergency Shelters
Program 3E: Amend the Municipal Code
to be consistent with State law
regarding parking requirements for
emergency shelters
Within 12 months Draft ordinance for Council consideration in Summer of 2022.
Group Home
Definition/Requirements
within Municipal Code
Program 3F: Amend the Municipal Code
regarding group homes. Within 12 months Draft ordinance for Council consideration in Summer of 2022.
Definition of Density
Program 3G: The City of Solana Beach
will amend the definition of “density”
within its Municipal Code to base future
density calculations on the “gross
acreage” of a parcel instead of the “net
acreage”. Currently the City defines
density as the number of dwelling units
per net acre, which excludes land area
which will be required for public streets,
easements or other areas to be
dedicated or reserved for public use or
open space (including undevelopable
slopes, bluffs, and sensitive lands).
Amending the definition to base the
calculation on gross acreage would
include all those items described above
and largely consist of the entire area
within the lot lines of a lot or parcel.
Within 12 months Draft ordinance for Council consideration in Summer of 2022.
Affirmatively Further Fair
Housing
Program 4A: Take meaningful actions in
addition to resisting discrimination, that
overcomes patterns of segregation and
foster inclusive communities free from
barriers that restrict access to
opportunity based on protected
characteristic, as defined by California
law.
Ongoing Continue to assess and make modifications to the City’s code enforcement process as determined by evaluation of annual code enforcement reports.
Emergency, Transitional
and Supportive Housing
and Lower Barrier
Navigation Centers
Program 4B: Permit Low Barrier
Navigation Center development as a
matter of right in appropriate zoning
districts, subject to requirements of
state law.
Within 24 months Preparing update to Municipal Code for City Council consideration as outlined in Program. Draft ordinance for Council consideration anticipated in Summer 2022.
Persons with Physical and
Developmental Disabilities
Program 4C: Accommodate the approval
of group homes, ADA retrofit efforts,
ADA compliance and/or other measures
through the implementation of Title 24
as well as amend its procedures to
provide more flexibility in the
development of accommodations for
persons with physical and
developmental disabilities by
eliminating the need for a variance.
Review Annually Review Annually.
Section 8 Rental
Assistance
Program 4D: Administer the Section 8
Rental Assistance Program, and will
continue support the County’s
application for additional Section 8
allocations.
Annually
Participated in County efforts regarding Section 8 Rental Assistance. Received 4 phone calls from interested parties that wished to obtain Section 8 Rental Assistance.
Mortgage Credit Certificate
(MCC)
Program 4E: Assist low and moderate
income first time home buyers ongoing Preparing information/handout regarding Mortgage Credit Certificate Program.
Amend the Reasonable
Accommodation criteria
within the City’s Municipal
Code
Program 4F Within 12 months Draft ordinance for Council consideration in Summer of 2022.
Outreach to Developers
Focused on Affordable
Development and
Development for Special
Housing Needs Groups
Program 4G: Discuss Affordable
Housing opportunity areas within the
City and potential outside funding
sources.
Annually Ongoing
Continue to contribute to
the Regional Task Force
on Homelessness (RTFH)
efforts to address the
needs of those
experiencing
homelessness in North
San Diego County.
Program 4H: Annually The City will is exploring additional methods for collaboration with RTFH, including participation in meetings, trainings, or survey efforts.
Energy Conservation Program 5A: Create Programs to
Conserve Energy ongoing Several existing programs promote energy conservation and the City continues to explore additional opportunities to promote energy conservation.
Jurisdiction Solana Beach ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 04/15/2021 - 04/15/2029
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
Jurisdiction Solana Beach ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 04/15/2021 - 04/15/2029 (CCR Title 25 §6202) Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+Extremely LowIncome+Very LowIncome+ Low-Income+ TOTAL UNITS+ Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Residential Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields. The description should adequately document how each unit complies with subsection (c) of Government
Code Section 65583.1+
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
Jurisdiction Solana Beach
Reporting Period 2021 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 04/15/2021 - 04/15/2029 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
Jurisdiction Solana Beach
Note: "+" indicates
an optional field
Reporting Period 2021 (Jan. 1 - Dec. 31)
Cells in grey
contain autocalculation formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table H
Locally Owned Surplus Sites
~-II
Jurisdiction Solana Beach
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 04/15/2021 - 04/15/2029
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 20
31 51
Units by Structure Type Entitled Permitted Completed
SFA 0 25 0
SFD 1 2 2
2 to 4 2 3 2
5 + 0 0 0
ADU 3 17 6
MH 0 0 0
Total 6 47 10
22 25
12 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
1663\01\2324437.1
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HOUSING SUCCESSOR ANNUAL REPORT
REGARDING THE LOW AND MODERATE INCOME HOUSING ASSET FUND FOR FISCAL YEAR 2020-21 PURSUANT TO
CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f) FOR THE
CITY OF SOLANA BEACH, HOUSING SUCCESSOR TO THE FORMER SOLANA BEACH
REDEVELOPMENT AGENCY
This Housing Successor Annual Report (Report) regarding the Low and Moderate Income Housing Asset Fund (LMIHAF) has been prepared pursuant to California Health and Safety Code Section 34176.1(f). This Report sets forth certain details of the activities of the City of Solana Beach, acting in its capacity as housing successor to the former Solana Beach Redevelopment Agency (Housing Successor), during Fiscal Year 2020-21 (Fiscal Year). The purpose of this Report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (Dissolution Law).
The following Report is based upon information prepared by Housing Successor staff and information contained within the independent financial audit of the Low and Moderate Income Housing Asset Fund for Fiscal Year 2020-21 (Fiscal Year). The LMIHAF has maintained a zero balance for the entirety of the Fiscal Year. As a result, no audit report was prepared for the Fiscal Year. Further, this Report conforms with and is organized into sections I. through XI., inclusive, pursuant to Section 34176.1(f) of the Dissolution Law:
I. Amount Deposited into LMIHAF: This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from the other amounts deposited.
II. Ending Balance of LMIHAF: This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited.
III. Description of Expenditures from LMIHAF: This section provides a description of the expenditures made from the LMIHAF during the Fiscal Year. The expenditures are to be categorized.
IV. Statutory Value of Assets Owned by Housing Successor: This section provides the statutory value of real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of these two amounts.
V. Description of Transfers: This section describes transfers, if any, to another housing successor agency made in previous Fiscal Year(s), including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used.
The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing.
VI. Project Descriptions: This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project.
1663\01\2324437.1
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VII. Status of Compliance with Section 33334.16: This section provides a status update on compliance with Section 33334.16 for interests in real property acquired by the Former Agency prior to February 1, 2012. For interests in real property acquired on or after February 1, 2012, provide a status update on the project.
VIII. Description of Outstanding Obligations under Section 33413: This section describes the outstanding inclusionary and replacement housing obligations, if any, under Section 33413 that remained outstanding prior to dissolution of the former Solana Beach Redevelopment Agency (Former Agency) as of February 1, 2012 along with the Housing Successor’s progress in meeting those prior obligations, if any, of the Former Agency and how the Housing Successor plans to meet unmet obligations, if any.
IX. Income Test: This section provides the information required by Section 34176.1(a)(3)(B), or a description of expenditures by income restriction for five year period, with the time period beginning January 1, 2019 and whether the statutory thresholds have been met.
However, reporting of the Income Test is not required until 2024.
X. Senior Housing Test: This section provides the percentage of units of deedrestricted rental housing restricted to seniors and assisted individually or jointly by the Housing Successor, the Former Agency, and the City of Solana Beach within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the Housing Successor, the Former Agency, and the City of Solana Beach within the same time period. For this Report the ten-year period reviewed is January 1, 2017 to January 1, 2027.
XI. Excess Surplus Test: This section provides the amount of excess surplus in the LMIHAF, if any, and the length of time that the Housing Successor has had excess surplus, and the Housing Successor’s plan for eliminating the excess surplus.
REPORT
This Report and the former Solana Beach Redevelopment Agency’s pre-dissolution Implementation Plan are to be made available to the public on the City’s website http://www.ci.solana-beach.ca.us/index.asp?SEC=4459C1D7-9FF7-4988-92FFD6EC8A2F593E&Type=B_BASIC.
I. AMOUNT DEPOSITED INTO LMIHAF. A total of $0 was deposited into the LMIHAF during the Fiscal Year. Of the total funds deposited into the LMIHAF, no funds were held for items listed on the ROPS.
II. ENDING BALANCE OF LMIHAF. At the close of the Fiscal Year, the ending balance in the LMIHAF was $0, of which no funds are held for items listed on the ROPS.
III. DESCRIPTION OF EXPENDITURES FROM LMIHAF. The following is a description of expenditures from the LMIHAF by category 1663\01\2324437.1
3/20/2018
Fiscal Year
Monitoring & Administration Expenditures None
Homeless Prevention and Rapid Rehousing
Services Expenditures
None
Housing Development Expenditures
➢ Expenditures on Low Income Units
➢ Expenditures on Very-Low Income Units
➢ Expenditures on Extremely-Low Income Units
➢ Total Housing Development Expenditures
None
Total LMIHAF Expenditures in Fiscal Year None
IV. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR IN LMIHAF. Under the Dissolution Law and for purposes of this Report, the “statutory value of real property” means the value of properties formerly held by the Former Agency as listed on the housing asset transfer schedule approved by the Department of Finance as listed in such schedule under Section 34176(a)(2), the value of the properties transferred to the Housing Successor pursuant to Section 34181(f), and the purchase price of property(ies) purchased by the Housing Successor. Further, the value of loans and grants receivable is included in these reported assets held in the LMIHAF.
The following provides the statutory value of assets owned by the Housing Successor.
As of End of
Fiscal Year
Statutory Value of Real Property Owned by Housing Authority 0 Value of Loans and Grants Receivable $601,3100
Total Value of Housing Successor Assets $601,3100
V. DESCRIPTION OF TRANSFERS. The Housing Successor did not make any LMIHAF transfers to other Housing Successor(s) under Section 34176.1(c)(2) during the Fiscal Year.
VI. PROJECT DESCRIPTIONS. The Housing Successor does not receive or hold property tax revenue pursuant to the ROPS.
VII. STATUS OF COMPLIANCE WITH SECTION 33334.16. The Housing Successor has no interests in real property.
VIII. DESCRIPTION OF OUTSTANDING OBLIGATIONS PURSUANT TO SECTION 33413
Replacement Housing: According to the 2009-2014 Implementation Plan for the Former Agency, no Section 33413(a) replacement housing obligations were transferred to the Housing Successor. The Former Agency’s Implementation Plan is posted on the City’s website at http://www.ci.solana-beach.ca.us/index.asp?SEC=4459C1D7-9FF7-4988-92FFD6EC8A2F593E&Type=B_BASIC .
1663\01\2324437.1
3/20/2018
Inclusionary/Production Housing. According to the 2009-2014 Implementation Plan for the Former Agency, the Former Agency was required to construct 2.1 units of very low income housing to meet its inclusionary requirement. The project proposed by the Hitzke Development Corporation and funded in part by the Housing Successor will provide 10 very low income housing units.
IX. EXTREMELY-LOW INCOME TEST. Section 34176.1(a)(3)(B) requires that the Housing Successor must require at least 30% of the LMIHAF to be expended for development of rental housing affordable to and occupied by households earning 30% or less of the AMI. If the Housing Successor fails to comply with the Extremely-Low Income requirement in any five-year report, then the Housing Successor must ensure that at least 50% of the funds remaining in the LMIHAF be expended in each fiscal year following the latest fiscal year following the report on households earning 30% or less of the AMI until the Housing Successor demonstrates compliance with the Extremely-Low Income requirement. This information is not required to be reported until 2024 for the 2019 – 2024 period.
All of the funds in the LMIHAF are committed under an enforceable obligation to the Hitzke Obligation, which will provide ten units of very low income housing. Because the Housing Successor receives minimal interest income, the extremely low-income test does not apply.
X. SENIOR HOUSING TEST. Neither the Housing Successor, the Former Agency nor the City provided funding to deed-restricted rental housing limited to seniors within the past 10 years.
XI. EXCESS SURPLUS TEST. Excess Surplus is defined in Section 34176.1(d) as an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the Housing Successor’s preceding four Fiscal Years, whichever is greater.
In the previous five fiscal years, a total of $401 was deposited into the LMIHAF, in the form of interest payments. Therefore, the LMIHAF does not have an Excess Surplus.
CITY COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # B.1.
STAFF REPORT
CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: March 23, 2022
ORIGINATING DEPT: Community Development Department
SUBJECT: Public Hearing: Request for a Development Review Permit to Conduct Grading in Excess of 100 Cubic Yards and
Perform Associated Site Improvements on a Lot with an
Existing One-Story Single-Family Residence with an
Attached, Partially Subterranean Garage at 536 Glenmont Drive, Solana Beach (Case # DRP21-024; Applicants: Dane & Kristin Soderberg; APN: 298-142-12; Resolution 2022-
026)
BACKGROUND:
The Applicants, Dane and Kristin Soderberg, are requesting City Council (Council) approval of a Development Review Permit (DRP) to conduct grading in excess of 100 cubic yards on a lot with an existing single-family residence with an attached, partially subterranean, garage. The 7,812 square-foot lot is located at 536 Glenmont Drive and is within both the Low-Medium Residential (LMR) Zone and Scaled Residential Overlay Zone (SROZ).
The Applicants propose grading in the amounts of 159 cubic yards of cut, 4 cubic yards of fill, and 5 cubic yards of excavation for retaining wall footings. The total aggregate grading quantity would be 168 cubic yards. The project requires a DRP for aggregate grading in excess of 100 cubic yards.
The issue before the Council is whether to approve, approve with conditions, or deny the Applicants’ request as contained in Resolution 2022-026 (Attachment 1).
DISCUSSION:
The subject property is located on the east side of Glenmont Drive just south of Lynwood Avenue. The 7,812 square-foot lot is rectangular in shape, fronting on Glenmont Drive to the west, with residential properties to the north, east and south.
March 23, 2022
DRP21-024 Soderberg
536 Glenmont Drive
The topography of the project site slopes upward from the street with an average lot slope of 12 percent. The elevation at the front property line along Glenmont Drive is at approximately 197 MSL and the rear property line is at approximately 207 MSL which results in a change in elevation of approximately 10 feet. The rectangular lot has 120-foot side property lines and 65-foot front and rear property lines. The lot is currently developed with a one-story, single-family residence with an attached, partially subterranean, two-car garage that is accessed from Glenmont Drive along the southwest side of the lot. The Applicants propose to lower the grade of the rear yard and build site walls in preparation for a future pool.
The rear yard is currently developed with a concrete patio area at the same grade elevation as the residence, and a grass yard that is approximately three (3) feet higher than the patio. The grass yard area extends to the rear property line, is surrounded by retaining walls on the west side and is accessed by on-grade stairs. The project plans are provided in Attachment 2.
Table 1 (on the following page) provides a comparison of the zoning regulations with the Applicants’ proposed design.
Table 1
LOT INFORMATION
Property Address:
Lot Size (Net):
Zone:
Overlay Zone(s):
536 Glenmont Drive
7,812 ft2
LMR
SROZ
Zoning Designation:
# of Units Allowed:
# of Units Existing:
LMR (4 du/ac)
1 Dwelling Unit
1 Dwelling Unit
Setbacks: Required
Front (W) 25 ft.
Interior Side (N) 5 ft.
Interior Side (S) 5 ft.
Rear (E) 25 ft.
As proposed, the project meets the required setbacks for the zone.
PROPOSED PROJECT INFORMATION
Required Permits:
DRP: A DRP is required for grading in excess of 100 cubic yards (aggregate) Proposed Grading: Cut: 164 cubic yards Fill: 4 cubic yards Export: 160 cubic yards Aggregate Grading Quantity: 168 cubic yards
Existing Parking: 2-Car Attached, partially
subterranean garage
Proposed Fences and Walls: Yes
Existing Development:
One-story, single-family residence with an
attached, partially subterranean garage
March 23, 2022
DRP21-024 Soderberg
536 Glenmont Drive
Development Review Permit Compliance (SBMC Section 17.68.40):
A DRP is required because the proposal includes an aggregate grading quantity that would exceed 100 cubic yards. In addition to meeting the zoning requirements, the project must also be found in compliance with development review criteria. The following is a list of the development review criteria topics:
1. Relationship with Adjacent Land Uses
2. Building and Structure Placement
3. Landscaping
4. Roads, Pedestrian Walkways, Parking, and Storage Areas
5. Grading
6. Lighting
7. Usable Open Space
The following is a discussion of the findings for a DRP as each applies to the proposed project as well as reference to recommended conditions of approval contained in Resolution 2022-026. The Council may approve, or conditionally approve, a DRP only if all of the findings listed below can be made:
1. The proposed development is consistent with the general plan and all applicable requirements of this title, including special regulations, overlay zones, and specific plans.
2. The proposed development complies with the development review criteria.
3. All required permits and approvals issued by the city, including variances, conditional use permits, comprehensive sign plans, and coastal development permits have been obtained prior to or concurrently with the development review permit.
4. If the development project also requires a permit or approval to be issued by a state or federal agency, the city council may conditionally approve the development review permit upon the Applicants obtaining the required permit or approval from the other agency.
If any of the above findings cannot be made, the Council shall deny the DRP.
In addition to meeting zoning requirements, the project must also be found in compliance with development review criteria. The following is a discussion of the applicable development review criteria as they relate to the proposed project.
Relationship with Adjacent Land Uses:
The subject site is located within the Low-Medium Residential (LMR) Zone. The surrounding neighborhood consists of a mix of properties that are one- and two-story, March 23, 2022
DRP21-024 Soderberg
536 Glenmont Drive
single-family residences. The project site is currently developed with a 2,802 square-foot one-story, single-family residence and a 1,018 square-foot attached, partially subterranean, two-car garage, 145 square feet of which is counted towards floor area.
The Applicants propose grading and retaining walls for yard improvements, including a future pool, in the back yard.
As designed, the project is consistent with the permitted uses for the LMR Zone as described in Solana Beach Municipal Code (SBMC) Sections 17.20.010 and 17.12.020, which permits one single-family residence. The property is designated Low-Medium Density Residential in the General Plan and intended for single-family residential development with a maximum density of four (4) dwelling units per acre. The proposed development could be found to be consistent with the objectives of the General Plan as it encourages the development and maintenance of healthy residential neighborhoods, the stability of transitional neighborhoods, and the rehabilitation of deteriorated neighborhoods.
The property is not located within any of the City’s Specific Plan areas; however, it is located within the boundaries of the SROZ and within the Coastal Zone. The project has been evaluated and could be found to be in conformance with the regulations of the SROZ. As a condition of project approval, the Applicants would be required to obtain a Coastal Development Permit, Waiver or Exemption from the California Coastal Commission prior to the issuance of a Building Permit.
Building and Structure Placement:
The site is currently developed with a 2,802 square-foot, single-story residence, with a 1,018 square-foot attached, partially subterranean, garage. No changes to the existing residence or garage are proposed.
The LMR Zone requires 25-foot front- and rear-yard setbacks, and a 5-foot interior sideyard setback. The proposed project, as designed, meets the minimum required streetside, interior-side and rear-yard setbacks.
Fences, Walls and Retaining Walls:
The Applicants propose to construct new retaining walls within the required interior side and rear yards. Per SBMC 17.20.040(O) and 17.60.070(C) and (D), fences and walls within the interior and rear yards shall not exceed six (6) feet in height except for an additional two (2) feet of fence height (to a maximum total height of eight feet) provided the additional two (2) feet of fence is at least 50 percent open to light and air. The retaining walls are proposed to be located within the interior side and rear yard setbacks and would be approximately three (3) feet in height. The existing 5-foot perimeter fence along the side property lines is proposed to remain. The existing 6-foot rock retaining wall along the rear property line is proposed to remain. If the Applicants decide to modify any of the design of the proposed fences and walls or construct additional fences and walls, a March 23, 2022
DRP21-024 Soderberg
536 Glenmont Drive
condition of project approval indicates that they would be required to comply with SBMC
17.20.040(O) and 17.60.070(C) and (D).
Landscape:
The project is not subject to the water efficient landscaping regulations of SBMC Chapter
17.56. According to SBMC Section 17.56.040, the regulations apply to modified irrigated landscaped areas that exceed 2,500 square feet. The proposed project includes 795 square feet of new irrigated landscape; therefore, it does not require a landscape review.
Parking:
SBMC Section 17.52.040 and the Off-Street Parking Design Manual require two (2) parking spaces for a single-family residence. Required parking is currently provided in the existing attached, partially subterranean, garage. No changes are proposed to the existing garage; therefore, the proposed project would be in compliance with the parking standards.
Grading:
The Applicants propose to lower the existing grade (~207 MSL) east of the residence and patio area approximately three (3) feet to meet the grade of the existing patio (~203 MSL).
New retaining walls are proposed within the required interior-side and rear yards.
The proposed grading quantities include 159 cubic yards of cut, 4 cubic yards of fill, and 5 cubic yards of excavation for footings, for a total aggregate grading quantity of 168 cubic yards. The Applicants propose 160 cubic yards of export.
Lighting:
A condition of project approval requires that all new exterior lighting fixtures comply with the City-Wide Lighting Regulations of the Zoning Ordinance (SBMC 17.60.060). All light fixtures shall be shielded so that no light or glare is transmitted or reflected in such concentrated quantities or intensities as to be detrimental to the surrounding area.
Usable Open Space:
The project consists of grading for a residential use; therefore, usable open space and recreational facilities are neither proposed nor required according to SBMC Section
17.20.040.
Property Frontage & Public Right-of-Way Improvements:
The existing property frontage is improved with a concrete mountable curb and gutter.
The area between the concrete curb & property line consists of a gravel area. If approved, the Applicants will be required to replace the gravel area with decomposed granite (D.G.) along the entire property frontage.
March 23, 2022
DRP21-024 Soderberg
536 Glenmont Drive
Public Hearing Notice:
Notice of the City Council Public Hearing for the project was published in the Union Tribune more than 10 days prior to the public hearing. The same public notice was mailed to property owners and occupants within 300 feet of the proposed project site on March 10, 2022. As of the date of preparation of this Staff Report, Staff has not received any formal correspondence from neighbors or interested parties in support of, or in opposition to, the proposed project.
CEQA COMPLIANCE STATEMENT:
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the State CEQA Guidelines. Section 15303 is a Class 3 exemption for new construction or the conversion of small structures. Examples of this exemption include one single-family residence or second dwelling unit in a residential zone. In urbanized areas, up to three-single-family residences may be constructed or converted under this exemption.
FISCAL IMPACT: N/A
WORKPLAN: N/A
OPTIONS:
∙ Approve Staff recommendation adopting the attached Resolution 2022-026. ∙ Approve Staff recommendation subject to additional specific conditions necessary for the City Council to make all required findings for the approval of a DRP. ∙ Deny the project if all required findings for the DRP cannot be made.
DEPARTMENT RECOMMENDATION:
The proposed project could be found to be consistent with the General Plan and the SBMC and could be found, as conditioned, to meet the discretionary findings required as discussed in this report to approve a DRP. Therefore, Staff recommends that the City Council:
1. Conduct the Public Hearing: Open the Public Hearing, Report Council Disclosures, Receive Public Testimony, and Close the Public Hearing.
2. Find the project exempt from the California Environmental Quality Act pursuant to Section 15303 of the State CEQA Guidelines; and
3. If the City Council makes the requisite findings and approves the project, adopt Resolution 2022-026 conditionally approving a DRP to conduct grading in excess of 100 cubic yards and perform associated site improvements on a lot with an March 23, 2022
DRP21-024 Soderberg
536 Glenmont Drive
existing one-story single-family residence, with an attached, partially subterranean garage at 536 Glenmont Drive, Solana Beach.
CITY MANAGER’S RECOMMENDATION:
Approve Department Recommendation.
_________________________
Gregory Wade, City Manager
Attachments:
1. Resolution 2022-026
2. Project Plans
RESOLUTION 2022-026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOLANA BEACH, CALIFORNIA, CONDITIONALLY
APPROVING A DEVELOPMENT REVIEW PERMIT TO
CONDUCT GRADING IN EXCESS OF 100 CUBIC YARDS AND
PERFORM ASSOCIATED SITE IMPROVEMENTS ON A LOT
WITH AN EXISTING ONE-STORY SINGLE-FAMILY
RESIDENCE WITH AN ATTACHED, PARTIALLY
SUBTERRANEAN, GARAGE AT 536 GLENMONT DRIVE,
SOLANA BEACH
APPLICANTS: Dane and Kristin Soderberg
CASE NO.: DRP 21-024
WHEREAS, Dane and Kristin Soderberg (hereinafter referred to as “Applicants”) have submitted an application for a Development Review Permit (DRP) pursuant to Title 17 (Zoning), of the Solana Beach Municipal Code (SBMC); and WHEREAS, a properly noticed public hearing was conducted in accordance with the provisions of Solana Beach Municipal Code Section 17.72.030; and WHEREAS, at the public hearing on March 23, 2022, the City Council received and considered evidence concerning the proposed application; and WHEREAS, this decision is based upon the evidence presented at the hearing and any information the City Council gathered by viewing the site and the area as disclosed at the hearing.
NOW THEREFORE, the City Council of the City of Solana Beach, California, does resolve as follows:
1. That the foregoing recitations are true and correct and incorporated herein as findings.
2. That the project is exempt from the California Environmental Quality Act pursuant to Section 15303 of the State CEQA Guidelines.
3. That the request is for a DRP to conduct grading in excess of 100 cubic yards on a lot with an existing single-family residence with an attached, partially subterranean garage. The 7,812 square-foot lot is located at 536 Glenmont Drive and is within both the Low-Medium Residential (LMR) Zone and Scaled Residential Overlay Zone (SROZ) is conditionally approved based upon the following Findings and subject to the following Conditions:
4. FINDINGS
A. In accordance with Section 17.68.040 (Development Review Permit) of the City of Solana Beach Municipal Code, the City Council finds the following:
Resolution 2022-026
DRP21-024, Soderberg
I. The proposed project is consistent with the General Plan and all applicable requirements of SBMC Title 17 (Zoning Ordinance), including special regulations, overlay zones, and specific plans.
General Plan Consistency: The project, as conditioned, is consistent with the City’s General Plan designation of Low-Medium Density Residential, which allows for four (4) dwelling units per acre. Further, the proposed development is consistent with the objectives of the General Plan as it encourages the development and maintenance of healthy residential neighborhoods, the stability of transitional neighborhoods, and the rehabilitation of deteriorated neighborhoods.
Zoning Ordinance Consistency: The project is consistent with all applicable requirements of the Zoning Ordinance (Title 17) (SBMC 17.20.030 and
17.48.040), which delineates maximum allowable Floor Area Ratio (FAR), Permitted Uses and Structures (SBMC Section 17.20.020) which provides for uses of the property for a single-family residence. Further, the project adheres to all property development regulations established for the LowMedium Residential (LMR) Zone and cited by SBMC Section 17.020.030.
The project meets the minimum required front-, street side-, interior side-, and rear-yard setbacks.
II. The proposed development complies with the following development review criteria set forth in Solana Beach Municipal Code Section
17.68.040(F):
a. Relationship with Adjacent Land Uses: The development shall be designed in a manner compatible with and where feasible, complimentary to existing and potential development in the immediate vicinity of the project site. Site planning on the perimeter of the development shall give consideration to the protection of surrounding areas from potential adverse effects, as well as protection of the property from adverse surrounding influences.
The subject site is located within the Low-Medium Residential (LMR) Zone. The surrounding neighborhood consists of a mix of properties that are one- and two-story, single-family residences.
The project site is currently developed with a 2,802 square-foot one-story, single-family residence and a 1,018 square-foot attached, partially subterranean, two-car garage, 145 square feet of which is counted towards floor area. The Applicants propose grading and retaining walls for yard improvements, including a future pool, in the back yard.
As designed, the project is consistent with the permitted uses for the LMR Zone as described in Solana Beach Municipal Code Resolution 2022-026
DRP21-024, Soderberg
(SBMC) Sections 17.20.010 and 17.12.020, which permits one single-family residence. The property is designated Low-Medium Density Residential in the General Plan and intended for singlefamily residential development with a maximum density of four (4) dwelling units per acre. The proposed development could be found to be consistent with the objectives of the General Plan as it encourages the development and maintenance of healthy
residential neighborhoods, the stability of transitional neighborhoods, and the rehabilitation of deteriorated
neighborhoods.
The property is not located within any of the City’s Specific Plan areas; however, it is located within the boundaries of the SROZ and within the Coastal Zone. The project has been evaluated and could be found to be in conformance with the regulations of the SROZ.
As a condition of project approval, the Applicants are required to obtain a Coastal Development Permit, Waiver or Exemption from the California Coastal Commission prior to the issuance of a Building Permit.
b. Building and Structure Placement: Buildings and structures shall be sited and designed in a manner which visually and functionally enhances their intended use.
The site is currently developed with a 2,802 square-foot, singlestory residence, with a 1,018 square-foot attached, partially subterranean garage. No changes to the existing residence or garage are proposed.
The LMR Zone requires 25-foot front- and rear-yard setbacks, and a 5-foot interior side-yard setback. The proposed project, as designed, meets the minimum required street-side, interior-side and rear-yard setbacks.
c. Landscaping: The removal of significant native vegetation shall be minimized. Replacement vegetation and landscaping shall be compatible with the vegetation of the surrounding area. Trees and other large plantings shall not obstruct significant views when installed or at maturity.
The project is not subject to the water efficient landscaping regulations of SBMC Chapter 17.56. According to SBMC Section
17.56.040, the regulations apply to modified irrigated landscaped areas that exceed 2,500 square feet. The proposed project includes 795 square feet of new irrigated landscape; therefore, it does not require a landscape review.
Resolution 2022-026
DRP21-024, Soderberg
d. Roads, Pedestrian Walkways, Parking and Storage Areas: Any development involving more than one building or structure shall provide common access roads and pedestrian walkways. Parking and outside storage areas, where permitted, shall be screened from view, to the extent feasible, by existing topography, by the placement of buildings and structures, or by landscaping and plantings.
SBMC Section 17.52.040 and the Off-Street Parking Design Manual require two (2) parking spaces for a single-family residence. Required parking is currently provided in the existing attached, partially subterranean garage. No changes are proposed to the existing garage; therefore, the proposed project is in compliance with the parking standards.
e. Grading: To the extent feasible, natural topography and scenic features of the site shall be retained and incorporated into the proposed development. Any grading or earth-moving operations in connection with the proposed development shall be planned and executed so as to blend with the existing terrain both on and adjacent to the site. Existing exposed or disturbed slopes shall be landscaped with native or naturalized non-native vegetation and existing erosion problems shall be corrected.
The Applicants propose to lower the existing grade (≈207 MSL) east of the residence and patio area approximately three (3) feet to meet the grade of the existing patio (≈203 MSL). New retaining walls are proposed within the required interior-side and rear yards.
The proposed grading quantities include 159 cubic yards of cut, 4 cubic yards of fill, and 5 cubic yards of excavation for footings, for a total aggregate grading quantity of 168 cubic yards. The Applicants propose 160 cubic yards of export.
f. Lighting: Light fixtures for walkways, parking areas, driveways, and other facilities shall be provided in sufficient number and at proper locations to assure safe and convenient nighttime use. All light fixtures shall be appropriately shielded so that no light or glare is transmitted or reflected in such concentrated quantities or intensities as to be detrimental to the surrounding areas per SBMC
17.60.060 (Exterior Lighting Regulations).
A condition of project approval includes that all new exterior lighting fixtures comply with the City-Wide Lighting Regulations of the Zoning Ordinance (SBMC 17.60.060). All light fixtures shall be shielded so that no light or glare is transmitted or reflected in such Resolution 2022-026
DRP21-024, Soderberg
concentrated quantities or intensities as to be detrimental to the surrounding area.
g. Usable Open Space: Recreational facilities proposed within required usable open space shall be located and designed to maintain essential open space values.
The project consists of grading for a residential use; therefore, usable open space and recreational facilities are neither proposed nor required according to SBMC Section 17.20.040.
h. Property Frontage & Public Right-of-Way Improvements:
The existing property frontage is improved with a concrete mountable curb and gutter. The area between the concrete curb & property line consists of a gravel area. As a condition of project approval, the Applicants are required to replace the gravel area with decomposed granite (D.G.) along the entire property frontage.
III. All required permits and approvals issued by the City, including variances, conditional use permits, comprehensive sign plans, and coastal development permits, have been obtained prior to or concurrently with the development review permit.
All required permits shall be processed concurrently with the DRP.
IV. If the development project also requires a permit or approval to be issued by a state or federal agency, the city council may conditionally approve the development review permit upon the applicant obtaining the required permit or approval from the other agency.
As a condition of project approval, the Applicants are required to obtain approval from the California Coastal Commission (CCC) prior to the issuance of Building Permits.
5. CONDITIONS
Prior to use or development of the property in reliance on this permit, the Applicants shall provide for and adhere to the following conditions:
A. Community Development Department Conditions:
I. The Applicants shall pay required Public Facilities Fees, as established by SBMC Section 17.72.020 and Resolution 1987-36.
II. Building Permit plans must be in substantial conformance with the plans presented to the City Council on March 23, 2022 and located in Resolution 2022-026
DRP21-024, Soderberg
the project file with a submittal date of March 9, 2022.
III. Any proposed onsite fences, walls, and retaining walls and any proposed railing located on top, or any combination thereof, shall comply with applicable regulations of SBMC Section 17.20.040 and
17.60.070 (Fences and Walls).
IV. The Applicants shall obtain required CCC approval of a Coastal Development Permit, Waiver or Exemption as determined necessary by the CCC, prior to the issuance of a Grading or Building Permit.
V. Native or drought tolerant and non-invasive plant materials and water conserving irrigation systems shall be incorporated into any proposed landscaping and compatible with the surrounding area to the extent feasible.
VI. Any new exterior lighting fixtures shall be in conformance with the CityWide Lighting Regulations of SBMC 17.60.060.
VII. All light fixtures shall be appropriately shielded so that no light or glare is transmitted or reflected in such concentrated quantities or intensities that render them detrimental to the surrounding area.
VIII. Construction vehicles shall be parked on the subject property at all times when feasible. If construction activity prohibits parking on the subject property, the Applicants shall ensure construction vehicles are parked in such a way to allow sufficient vehicular access on Glencrest Place and Glencrest Drive and minimize impact to the surrounding neighbors.
IX. The Applicants shall connect to temporary electrical service as soon as feasible to the satisfaction of the City. The use of gas-powered generator(s) during construction activity is discouraged and shall be limited only to selective use at the discretion of the City.
B. Engineering Department Conditions:
I. The Applicants shall obtain a Building Permit for the retaining walls and pool.
II. The Applicants shall remove the existing gravel material in the public right of way and replace with bonded compacted D.G to the satisfaction of the City Engineer.
III. A Misc. Engineering Permit will be required as a condition of approval for the project for the construction of the swimming pool and the Resolution 2022-026
DRP21-024, Soderberg
associated drainage improvements as shown on the proposed site plans. No geotechnical report or drainage report is required.
6. ENFORCEMENT: Pursuant to SBMC 17.72.120(B), failure to satisfy any and all of the above-mentioned conditions of approval is subject to the imposition of penalties as set forth in SBMC Chapters 1.16 and 1.18 in addition to any applicable revocation proceedings.
7. EXPIRATION: The DRP for the project will expire 24 months from the date of this Resolution, unless the Applicant have obtained building permits and have commenced construction prior to that date, and diligently pursued construction to completion. An extension of the application may be granted by the City Council, subject to SBMC Section 17.72.110.
8. INDEMNIFICATION AGREEMENT: The Applicants shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from and against any and all claims, actions, proceedings, damages, judgments, or costs, including attorney’s fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicants of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the Applicants shall pay all of the costs related thereto, including without limitation reasonable attorney’s fees and costs. In the event of a disagreement between the City and Applicants regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicants shall not be required to pay or perform any settlement unless such settlement is approved by the Applicants.
NOTICE TO APPLICANTS: Pursuant to Government Code Section 66020, you are hereby notified that the 90-day period to protest the imposition of the fees, dedications, reservations or other exactions described in this resolution commences on the effective date of this resolution. To protest the imposition of any fee, dedications, reservations or other exactions described in this resolution you must comply with the provisions of Government Code Section 66020. Generally the resolution is effective upon expiration of the tenth day following the date of adoption of this resolution, unless the resolution is appealed or called for review as provided in the Solana Beach Zoning Ordinance.
Resolution 2022-026
DRP21-024, Soderberg
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Solana Beach, California, held on the 23rd day of March, 2022, by the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
______________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ _______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk CITY COUNCIL ACTION: ____________________________________________________ _________________________________________________________________________ AGENDA ITEM # C.1.
STAFF REPORT
CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: March 23, 2022
ORIGINATING DEPT: City Manager’s
SUBJECT: City Council Discussion on Fiscal Year 2021/22 Work Plan Priorities and Consideration of Additional Items
BACKGROUND:
The City Council (Council) adopts an annual Work Plan that is a guiding document that includes all Council’s priority projects for the fiscal year. The Work Plan focuses on four strategic priorities as the Council directs Staff on projects and programs: Community Character, Organizational Effectiveness, Environmental Sustainability and Fiscal Sustainability with the knowledge that all four areas of priority are important to the overall sustainability of the City.
Periodically, the Council directs Staff to explore significant items that are not listed in the adopted Work Plan. These items may come up as a result of citizen inquiries, state or federal legislation or through one of the City Commissions. This is a common occurrence in any given fiscal year and Staff attempts to address as many of these additional items as possible, considering the extent of resources needed and available outside of the focus on the adopted Work Plan. This year, there has been more additional items than typical, so Staff is seeking Council direction on whether or how to prioritize each of these items along with other items already included in the current fiscal year Work Plan.
This item is before the Council to discuss the additional items/issues brought up during the fiscal year that are not included in the current Work Plan and give direction to Staff on which items, if any, should be elevated to a priority status.
DISCUSSION:
Throughout any given year, Council and Staff receive requests to analyze and implement various programs and projects from the members of the community or from community organizations. Staff also has to react to certain legislative actions that may arise unexpectedly during a given year that could have a detrimental impact on the community. These items cannot always be anticipated during the Council Work Plan process and need to be addressed at different times throughout the year. During this particular year, a number of issues have arisen for which Staff is seeking further direction from Council in order to address and prioritize them along with Work Plan priorities and, of course, given current Staff resources.
March 23, 2022
Council Work Plan Prioritization Discussion
Of these items that have been raised, the following are not included in the current FY2022 Work Plan and, in no particular order, are:
• Outdoor Wood Burning Ordinance – Members of the community have addressed the Council about the desire to restrict outdoor wood burning, primarily from outdoor fire pits, due to the environmental harm caused by the associated smoke and its negative effect on air quality.
• Heritage Tree Ordinance – Members of the community have requested the Council consider a Heritage Tree Ordinance to restrict the removal of certain trees of any size or species that are specifically designated as heritage because of their historical, commemorative or horticultural significance.
• Ghost Gun Regulations – Members of the community have addressed the Council about the desire to implement Ghost Gun regulations. Ghost guns are unregulated, unserialized and untraceable firearms that can be bought online and built without a background check.
• Joint Use Agreement with San Dieguito School District – There has been expressed interest in developing a new Joint Use Agreement between the City and the San Dieguito School District to allow the community’s use of the Earl Warren School’s fields. • Citizen Commission Duties Updates – There has been an expressed interest in updating the duties and responsibilities of our Citizen Commissions to accurately reflect the role they play as advisory bodies to the City Council. • Utility Box Wrapping – Members of the Public Arts Commission and members of the community have requested an arts program that involves wrapping City-owned utility boxes with a variety of artistic designs. This project is in alignment with the City’s Master Art Policy which aspires to enhance the aesthetic qualities of Solana Beach while creating an atmosphere that nurtures and encourages public art.
Additionally, there are some items that are included in the FY2022 Work Plan that are listed as unprioritized items. These, too, require discussion to establish their priority along with the above-listed items. These include:
• Lighter Than Air Balloon Restrictions – Lighter than air (including helium) balloons create well known environmental damage when released or not properly disposed of.
The City of Encinitas passed an ordinance regulating the sale, use, distribution and release of lighter than air balloons that recently went into effect. • Short Term Vacation Rental (STVR) Regulation Update – While this item is included under the strategic priority of Fiscal Sustainability, recent discussion has centered around a more general updating of the City’s STVR regulations.
March 23, 2022
Council Work Plan Prioritization Discussion
Staff is seeking Council direction on which items, if any, should be elevated to a higher priority item for the remainder of the current fiscal year. This would also include any additional items any particular Councilmember may wish to bring up for consideration by Council as well.
CEQA COMPLIANCE STATEMENT:
Not a project as defined by CEQA.
FISCAL IMPACT:
There is no fiscal impact as a result of this item as it is for discussion purposes at this time.
Should Council prioritize any of these items to be worked on immediately, there may be a fiscal impact that could include additional Staff time and/or legal costs.
WORK PLAN:
These items are either not currently included as a priority item or are included as unprioritized items in the FY2022 Work Plan but may be elevated in priority should Council direct Staff to do so.
OPTIONS:
• Council to discuss and direct Staff to elevate any items to this current Work Plan. • Council to discuss and direct Staff to include any items in next year’s Council Work Plan. • Do not discuss and provide further direction.
DEPARTMENT RECOMMENDATION:
Staff recommends that the City Council discuss the additional items/issues brought up during the fiscal year that are not included as a priority item in the current Work Plan and give direction to Staff on which items, if any, should be elevated to a priority status CITY MANAGER’S RECOMMENDATION:
Approve Department Recommendation.
________________________
Gregory Wade, City Manager
CITY COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # C.2.
STAFF REPORT
CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: March 23, 2022
ORIGINATING DEPT: City Manager’s Department
SUBJECT: Consideration of Resolution 2022-027 Authorizing Execution of an Agreement for General and Specialized
Law Enforcement and Traffic Services Between the City of Solana Beach and the County of San Diego
BACKGROUND:
The City of Solana Beach (the “City”) has contracted its law enforcement services with San Diego County Sheriff’s Department since incorporation. Nine other cities in the County also contract for law enforcement services through the County Sheriff’s Department. The contract is a joint agreement, taking advantage of common needs and economies of scale that result in a lower cost for law enforcement than having an independent municipal police department or individually contracting with the County.
The existing five-year contract was approved by the City Council on June 28, 2017, and covered the period from July 1, 2017 through June 30, 2022. Negotiations toward a new five-year contract took place for several months preceding January 2022. This item is before City Council to consider the adoption of a new five-year contract for the period of July 1, 2022 through June 30, 2027.
DISCUSSION:
In late 2021, a subcommittee of the contract cities was formed to negotiate this new contract. The subcommittee was made up of a representative from one north county city (Poway) and one from a south county and “small city” (Imperial Beach). The subcommittee negotiated with the Sheriff’s Department for several months during the end of 2021 on an agreement to replace the previous five-year agreement which will expire on June 30, 2022. The subcommittee provided regular updates and solicited input from all nine Sheriff contract cities. The resulting contract maintains certain aspects of the current contract which includes the ability for cities to add or delete positions and receive the full cost credit when a position is eliminated.
March 23, 2022
Sheriff Contract
The proposed agreement continues the current level of staffing and services unless specifically altered by an individual city and offers cities the flexibility of changing positions during the term of the agreement, as a city's needs dictate. The proposed contract is also for five years from July 1, 2022 (Fiscal Year 2023) through June 30, 2027 (Fiscal Year 2027).
Including all operational, liability and retirement costs, the five-year increases will be capped at 1% in both Fiscal Years 2022-23 and 2023-24, 3.5% in Fiscal Year 2024-25,
3.5% in Fiscal Year 2025-26 and 3.5% in Fiscal Year 2026-27. Total costs for the City’s contract with the County Sheriff would be as follows:
FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 TOTAL
Increase: 1.00% 1.00% 3.50% 3.50% 3.50%
Cost: $4,885,879 $4,934,738 $5,107,454 $5,286,215 $5,471,233 $25,685,519 It should also be noted that the contract contains a reopener clause during year 3 wherein either party may request a meeting to discuss liability costs. Any changes to the contract at that time, however, would be subject to the consent of both parties.
At their meeting on January 25, 2022, the County Board of Supervisors approved the contract as attached to this Staff Report and authorized the Clerk of the Board to accept and execute the Agreement for Specialized Law and Traffic Enforcement with the participating cities.
While the cost of the new five-year agreement is significant, contracting with the County for law enforcement services is more beneficial and cost effective than having an independent City Police Department. The City receives additional services from the County, such as the ASTREA Helicopter, Crime Analysis, Crime Lab, Criminal Intelligence, Internal Affairs, Domestic Violence, Swat Team, SADLE Team, Narcotics Enforcement, Investigative Unit, Mobile Crisis Response Team and backup coverage from the deputies working in the nine other contract cities and in the County unincorporated areas. If Solana Beach were to have its own Police Department, the startup costs alone would be very high, and the annual expenses would be much higher, mainly due to personnel costs, including retirement, medical, and liability insurance. Most importantly, there is no guarantee that spending the additional money to have a City Police Department would bring an increased service level to the residents of Solana Beach. Given the additional costs, in fact, the level of service might very well decrease.
CEQA COMPLIANCE STATEMENT:
Contracting for Law Enforcement Services is not a project as defined by CEQA.
March 23, 2022
Sheriff Contract
FISCAL IMPACT:
The Sheriff’s contract for Solana Beach in Fiscal Years 2022-23 and 2023-24, when a 1% increase from the prior year is applied, would be $4,885,879 and $4,934,738, respectively. The first year of these costs has been included in the second year of the City’s adopted FY 2021-22/2022-23 Budget. In years 3 through 5, the contract costs would increase 3.50% to $5,107,45 in FY 2024-25, $5,286,215 in FY 2025-26, and to $5,471,233 in FY 2026-27. Total costs over the five-year contract term are estimated at $25,685,519.
WORK PLAN: N/A
OPTIONS:
∙ Approve Staff recommendation.
∙ Deny Staff recommendation and provide direction.
DEPARTMENT RECOMMENDATION:
Staff recommends that the City Council adopt Resolution 2022-027 authorizing the City Manager to execute the Agreement for General and Specialized Law Enforcement and Traffic Services between the City of Solana Beach and the County of San Diego for a five-year term beginning July 1, 2022 through June 30, 2027.
CITY MANAGER’S RECOMMENDATION:
Approve Department Recommendation
_________________________
Gregory Wade, City Manager
Attachments:
1. Resolution 2022-027
2. Agreement for General and Specialized Law Enforcement and Traffic Services between the City of Solana Beach and the County of San Diego RESOLUTION 2022-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOLANA BEACH, CALIFORNIA, APPROVING THE
AGREEMENT FOR GENERAL AND SPECIALIZED LAW
ENFORCEMENT AND TRAFFIC SERVICES FOR JULY 1,
2022 THROUGH JUNE 30, 2027
WHEREAS, the City Council desires to continue to utilize the San Diego County Sheriff’s Department for General and Specialized Law Enforcement and Traffic Services in the City of Solana Beach by entering into an Agreement for these services (Agreement); and
WHEREAS, the previous Agreement for law enforcement and traffic services expires on June 30, 2022; and
WHEREAS, the Agreement for general and specialized law enforcement and traffic services covers the period from July 1, 2022 through June 30, 2027; and WHEREAS, the contract for services is reviewed on a yearly basis to update current needs and costs; and
WHEREAS, the renewal of services is done by revising and adopting a Contract Law Enforcement Program Joint Operating and Financial Plan, and this plan is referred to as Attachment B which is included in the Agreement.
NOW, THEREFORE, the City Council of the City of Solana Beach, California, does resolve as follows:
1. That the above recitations are true and correct.
2. That the Mayor and City Council desire to approve the Agreement for General and Specialized Law Enforcement and Traffic Services for July 1, 2022 through June 30, 2027.
3. That the City Manager is authorized to execute the Agreement for General and Specialized Law Enforcement and Traffic Services for July 1, 2022 through June 30, 2027.
4. That the Mayor and City Council desire to approve the Attachment B for law enforcement contract services provided to the City of Solana Beach for Fiscal Year 2022-23.
5. That the City Manager is authorized to execute Attachment B annually on behalf of the City.
Resolution 2022-027
Law Enforcement and Traffic Services Agreement
PASSED AND ADOPTED this 23
rd day of March, 2022, at a regularly scheduled
meeting of the City Council of the City of Solana Beach, California by the following vote:
AYES: Councilmembers –
NOES: Councilmembers –
ABSTAIN: Councilmembers –
ABSENT: Councilmembers –
______________________________
Lesa Heebner, Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ _______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk 1 AGREEMENT BETWEEN THE CITY OF SOLANA
BEACH, THE COUNTY OF SAN DIEGO, AND
THE SAN DIEGO COUNTY SHERIFF
FOR MUNICIPAL LAW ENFORCEMENT SERVICES
This Agreement is between the City of Solana Beach, 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 law enforcement 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 Solana Beach on March 23, 2022 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 fiscalyear (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 in Section 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 booking in 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 Code section 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, actionor 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 bein 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 Solana Beach
635 South Highway 101
Solana Beach, CA 92075
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 statement of 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
28 This Agreement is intended solely for the benefit of the COUNTY and the CITY. Any benefit 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 29 Agreement is found by any court or other legal authority, or is agreed upon by the parties, to 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 benefitof 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, 30 the Mayor and the City Manager of CITY, and the members of the COUNTY Board of Supervisors and the SHERIFF.
IN WITNESS WHEREOF, the CITY, by resolution duly adopted by its City Council on March 23, 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, 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
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 7.090 1,550,147.10Deputy Traffic $218,638.52 2.310 505,054.98 Deputy Motor $233,892.37 1.000 233,892.37
Deputy SPO $218,638.52 2.200 481,004.74
Detective $228,807.75 1.000 228,807.75
CSO $95,743.97 0.500 47,871.99
Sergeant Patrol $282,742.95 0.625 176,624.10
Sergeant Traffic $282,742.95 0.236 66,727.34
Sergeant Relief $282,742.95 0.165 46,652.59
Sergeant Dedicated $282,742.95 - -
Detective Sgt $282,742.95 0.125 35,342.87
Station Staff 273,144.97
Subtotal 3,645,270.78Ancillary Support 596,510.28Supply 82,091.24 Vehicles 282,303.01
Space 65,885.68
Management Support 173,001.93Liability 40,816.17
Subtotal 1,240,608.30Adjustments: -
TOTAL AMOUNT $ 4,885,879.08
Attachment B
ATTACHMENT B
City of Solana Beach
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
_I _I --====----====----====---====---====::...I I
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
I I PATROL STATIONS I I
CITY COUNCIL ACTION: ____________________________________________________ _________________________________________________________________________ AGENDA ITEM # C.3.
STAFF REPORT
CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: March 23, 2022
ORIGINATING DEPT: City Clerk’s Office
SUBJECT: Parks and Recreation Commission Appointment
BACKGROUND:
This item is before the City Council to discuss and appoint a community member to serve on the Parks and Recreation Commission filling one of two vacancies that were not filled at the annual appointments in January.
All appointments to Citizen Commissions are conducted in accordance with Council Policy No. 5 - Appointment of Citizens to Boards, Commissions, Committees, and Task Forces (Attachment 1) - and all persons interested in serving on the City’s Citizen Commissions are required to “complete and file … a Citizen Interest Form (application),” with the required references, and submit it to the City Clerk for formal application processing. The Application/Citizen Interest Form is available year-round at the City Clerk’s Office and on the City’s website. The Parks and Recreation Commission’s appointments are made by Councilat-large. A majority vote of the City Council is required for appointment.
DISCUSSION:
Noticing
Following the annual vacancy appointments made on January 26, 2022, one of the three vacancies was filled on the Parks and Recreation Commission leaving two vacancies remaining. On January 27, 2022, the City Clerk posted a Notice of Vacancy (Attachment 2) for two positions on the Parks and Commission, per California Government Code Section 54974(a), with a deadline of March 15, 2022, in an effort to refill the positions and bring the Commission to full membership as quickly as possible. By the March 15th deadline, one application (Attachment 3) was received. As in the past, if applications are received after the deadline, they will not be forwarded to Council for consideration, as directed by Council in January 2019 to no longer consider late applications.
Recruitment notices were posted on the City’s Official bulletin board and the City’s website, eblast notices were sent out, and past applicants were notified.
Member Requirements
March 23, 2022
Public Arts Citizen Commission Appointment
SBMC Section 2.72 outlines some of the duties of the Commission; however, there are other duties and assignments provided in relation to various opportunities and issues that occur throughout the year. To carry out the Commission’s work, SBMC Section 2.60.010 outlines the requirements of meeting attendance. As a legislative body, like the City Council, Citizen Commissions are required to fulfill a responsibility of participating in each meeting for all matters brought before the Commission. In addition, the Commission Handbook, provided to each appointed/re-appointed member, and posted online, provides various other requirements, regulations, guidelines, and procedures for Commission members.
Member Appointment
The official start date of the appointed Commission members takes effect once the official oath is administered by the City Clerk. The swear-in may take place before or at the first meeting of the Commission. The official oath is required in order to begin participating in Commission business.
FISCAL IMPACT: N/A
WORKPLAN: N/A
OPTIONS:
Make appointment to the Parks and Recreation Commission. Provide alternative direction.
DEPARTMENT RECOMMENDATION:
Staff recommends that the City Council consider the application submitted and make an appointment to one of the two vacancies on the Parks and Recreation Commission with a term ending January 2024.
CITY MANAGER’S RECOMMENDATION:
Approve Department recommendation.
________________________
Gregory Wade, City Manager
Attachments:
1. Council Policy No. 5
2. Vacancy Notice
3. List of Applicants
4. Applications
CITY OF SOLANA BEACH Policy No. 5
COUNCIL POLICY
Adopted: May 15, 1989
Revised: January 23, 2008 by
Resolution 2008-23
GENERAL SUBJECT: Citizen Boards, Commissions & Committees SPECIFIC SUBJECT: Appointments of Citizens to Boards, Commissions, Committees and Task Forces.
PURPOSE:
The purpose of this policy is to establish a consistent process and procedure for appointments to City sponsored Citizen Boards, Commissions, Committees and Task Forces.
POLICY STATEMENT:
Appointments to Citizen Boards, Commissions, Committees and Task Forces are made in accordance with the municipal code and/or specific guideline, as provided, to provide consistency.
POLICY PROCEDURES:
1. All private citizens interested in serving on any Board, Commission, Committee or Task Force or similar group must complete and file with the City Clerk a Citizen Interest Form (application) which may be obtained from the City Clerk’s office.
2. Nominations
Councilmembers may nominate private citizens for appointment subject to ratification by a majority of the City Council. Such ratification shall take place at a regular City Council meeting and a duly docketed agenda item.
3. Appointment Protocol
a. Appointments will be made in accordance with municipal code requirements. For example, the municipal code may require that a Commission have five positions appointed by individual
Councilmembers.
b. Appointments that are not outlined in the municipal code and are at-large appointment positions may be nominated by any
Councilmember. In the event of multiple appointments,
appointments may be divided among individual Councilmembers to share the appointment responsibilities. If the appointments are
shared, it will be for that one time and will not be construed as official individual appointments that would carry forward. c. The decision to proceed with an individual appointment alternative for at-large positions will be subject to majority vote of the City Council with such vote taking place at a regular City Council Meeting.
4. Appointments to Outside Agencies
When the City is asked by an outside agency to recommend a private citizen to serve on a Board, Commission, Committee or Task Force or similar group, such recommendation shall be made by the Council and approved by a majority vote of the City Council.
Posted 01-27-22, Megan Bavin, Deputy City Clerk
PUBLIC NOTICE
CITY OF SOLANA BEACH VOLUNTEERS SERVING ON BEHALF OF THE CITY COUNCIL Applications are being accepted through Tuesday, March 15, 2022, 5:30 p.m.
City Council is scheduled to make appointments at the March 23, 2022 City Council Meeting.
PARKS & RECREATION: Two vacancies – terms will expire January 2024 This Commission participates in reviewing certain matters regarding the City's parks, programs, and conducts certain City events.
Regular Meeting Schedule: 2
nd Thursday of each month at 4:00 p.m.
Composition: 7 members who are all appointed by the Council At-large.
Position’s Requirements: At least 18 yrs. old * Resident of the City. ❖ See the City’s website for more meeting information, meeting agendas, members, and further information. ❖ Parks & Recreation
Citizen Interest Forms (Applications) and additional information on the Commissions can be found on the City’s website at www.cityofsolanabeach.org (Left tabs: City Government, City Clerk, Citizen Committees) OR at City Hall, 635 S. Highway 101, Solana Beach, (858) 720-2400. Please contact the City Clerk with any questions regarding the recruitment/appointment process.
CITY’S CITIZEN COMMISSION POSITION OPENINGS
ATTACHMENT 3
City of Solana Beach
Citizen Commission Member
Appointment by City Council
Application Status
Deadline March 15th 5:30 p.m.
List of Applicants
PARKS & RECREATION COMMISSION
Applicant Application
Received
Michele Jaffee 3-15-22
I
ATTACHMENT 4
APPLICATIONS
This Attachment is not posted online but is
available by contacting the City Clerk’s Office.
TO:
FROM:
MEETING DATE:
ORIGINATING DEPT:
SUBJECT:
BACKGROUND:
STAFF REPORT
CITY OF SOLANA BEACH
Honorable Mayor and City Councilmembers
Gregory Wade, City Manager
March 23, 2022
Community Development Department
Public Hearing: Request for a Development Review Permit to Conduct Grading in Excess of 100 Cubic Yards and
Perform Associated Site Improvements on a Lot with an
Existing One-Story Single-Family Residence with an
Attached, Partially Subterranean Garage at
_, Solana Beach (Case# DRP21-024; Applicants: -
& •• •••■; APN: 298-142-12; Resolution 2022-
026)
The Applicants, - and , are requesting City Council (Council) approval of a Development Review Permit (DRP) to conduct grading in excess of 100 cubic yards on a lot with an existing single-family residence with an attached, partially subterranean, garage. The 7,812 square-foot lot is located at · and is within both the Low-Medium Residential (LMR) Zone and Scaled Residential Overlay Zone (SROZ).
The Applicants propose grading in the amounts of 159 cubic yards of cut, 4 cubic yards of fill, and 5 cubic yards of excavation for retaining wall footings. The total aggregate grading quantity would be 168 cubic yards. The project requires a DRP for aggregate grading in excess of 100 cubic yards.
The issue before the Council is whether to approve, approve with conditions, or deny the Applicants' request as contained in Resolution 2022-026 (Attachment 1 ).
DISCUSSION:
The subject property is located on the east side of••••• just south of Lynwood Avenue . The 7,812 square-foot lot is rectangular in shape, fronting on••••• to the west, with residential properties to the north, east and south.
I CITY COUNCIL ACTION:
AGENDA ITEM # B.1.
March 23, 2022
DRP21-024
The topography of the project site slopes upward from the street with an average lot slope of 12 percent. The elevation at the front property line along ■••■ - is at approximately 197 MSL and the rear property line is at approximately 207 MSL which results in a change in elevation of approximately 10 feet. The rectangular lot has 120-foot side property lines and 65-foot front and rear property lines. The lot is currently developed with a one-story, single-family residence with an attached, partially subterranean, two-car garage that is accessed from ■••■ - along the southwest side of the lot. The Applicants propose to lower the grade of the rear yard and build site walls in preparation for a future pool.
The rear yard is currently developed with a concrete patio area at the same grade elevation as the residence, and a grass yard that is approximately three (3) feet higher than the patio. The grass yard area extends to the rear property line, is surrounded by retaining walls on the west side and is accessed by on-grade stairs. The project plans are provided in Attachment 2.
Table 1 (on the following page) provides a comparison of the zoning regulations with the Applicants' proposed design.
Table 1
LOT INFORMATION
Property Address: Zoning Designation: LMR (4 du/ac)
Lot Size (Net): 7,812 ft2 # of Units Allowed: 1 Dwelling Unit Zone: LMR # of Units Existing: 1 Dwelling Unit
Overlay Zone(s): SROZ Setbacks: Required
Front (W) 25 ft.
Interior Side (N) 5 ft.
Interior Side (S) 5 ft.
Rear (E) 25 ft.
As proposed, the project meets the required setbacks for the zone.
PROPOSED PROJECT INFORMATION
Required Permits:
DRP: A DRP is required for grading in excess of 100 cubic yards (aggregate) Proposed Grading: Cut: 164 cubic yards Fill: 4 cubic yards Export: 160 cubic yards Aggregate Grading Quantity: 168 cubic yards
Existing Parking: 2-Car Attached, partially Existing Development:
subterranean garage One-story, single-family residence with an Proposed Fences and Walls: Yes attached, partially subterranean garage Development Review Permit Compliance (SBMC Section 17.68.40):
March 23, 2022
DRP21-024
A DRP is required because the proposal includes an aggregate grading quantity that would exceed 100 cubic yards. In addition to meeting the zoning requirements, the project must also be found in compliance with development review criteria. The following is a list of the development review criteria topics:
1. Relationship with Adjacent Land Uses
2. Building and Structure Placement
3. Landscaping
4. Roads, Pedestrian Walkways, Parking, and Storage Areas
5. Grading
6. Lighting
7. Usable Open Space
The following is a discussion of the findings for a DRP as each applies to the proposed project as well as reference to recommended conditions of approval contained in Resolution 2022-026. The Council may approve, or conditionally approve, a DRP only if all of the findings listed below can be made:
1. The proposed development is consistent with the general plan and all applicable requirements of this title, including special regulations, overlay zones, and specific plans.
2. The proposed development complies with the development review criteria.
3. All required permits and approvals issued by the city, including variances, conditional use permits, comprehensive sign plans, and coastal development permits have been obtained prior to or concurrently with the development review permit.
4. If the development project also requires a permit or approval to be issued by a state or federal agency, the city council may conditionally approve the development review permit upon the Applicants obtaining the required permit or approval from the other agency.
If any of the above findings cannot be made, the Council shall deny the DRP.
In addition to meeting zoning requirements, the project must also be found in compliance with development review criteria. The following is a discussion of the applicable development review criteria as they relate to the proposed project.
Relationship with Adjacent Land Uses:
The subject site is located within the Low-Medium Residential (LMR) Zone. The surrounding neighborhood consists of a mix of properties that are one- and two-story, March 23, 2022
DRP21-024
single-family residences. The project site is currently developed with a 2,802 square-foot one-story, single-family residence and a 1,018 square-foot attached, partially subterranean, two-car garage, 145 square feet of which is counted towards floor area.
The Applicants propose grading and retaining walls for yard improvements, including a future pool, in the back yard.
As designed, the project is consistent with the permitted uses for the LMR Zone as described in Solana Beach Municipal Code (SSMC) Sections 17.20.010 and 17.12.020, which permits one single-family residence. The property is designated Low-Medium Density Residential in the General Plan and intended for single-family residential development with a maximum density of four (4) dwelling units per acre. The proposed development could be found to be consistent with the objectives of the General Plan as it encourages the development and maintenance of healthy residential neighborhoods, the stability of transitional neighborhoods, and the rehabilitation of deteriorated neighborhoods.
The property is not located within any of the City's Specific Plan areas; however, it is located within the boundaries of the SROZ and within the Coastal Zone. The project has been evaluated and could be found to be in conformance with the regulations of the SROZ. As a condition of project approval, the Applicants would be required to obtain a Coastal Development Permit, Waiver or Exemption from the California Coastal Commission prior to the issuance of a Building Permit.
Building and Structure Placement:
The site is currently developed with a 2,802 square-foot, single-story residence, with a 1,018 square-foot attached, partially subterranean, garage. No changes to the existing residence or garage are proposed.
The LMR Zone requires 25-foot front- and rear-yard setbacks, and a 5-foot interior sideyard setback. The proposed project, as designed, meets the minimum required streetside, interior-side and rear-yard setbacks.
Fences, Walls and Retaining Walls:
The Applicants propose to construct new retaining walls within the required interior side and rear yards. Per SBMC 17.20.040(0) and 17.60.070(C) and (D), fences and walls within the interior and rear yards shall not exceed six (6) feet in height except for an additional two (2) feet of fence height (to a maximum total height of eight feet) provided the additional two (2) feet of fence is at least 50 percent open to light and air. The retaining walls are proposed to be located within the interior side and rear yard setbacks and would be approximately three (3) feet in height. The existing 5-foot perimeter fence along the side property lines is proposed to remain. The existing 6-foot rock retaining wall along the rear property line is proposed to remain. If the Applicants decide to modify any of the design of the proposed fences and walls or construct additional fences and walls, a March 23, 2022
DRP21-024
condition of project approval indicates that they would be required to comply with SBMC 17 .20.040(0) and 17.60.070(C) and (D).
Landscape:
The project is not subject to the water efficient landscaping regulations of SBMC Chapter
17.56. According to SBMC Section 17.56.040, the regulations apply to modified irrigated landscaped areas that exceed 2,500 square feet. The proposed project includes 795 square feet of new irrigated landscape; therefore, it does not require a landscape review.
Parking:
SBMC Section 17.52.040 and the Off-Street Parking Design Manual require two (2) parking spaces for a single-family residence. Required parking is currently provided in the existing attached, partially subterranean, garage. No changes are proposed to the existing garage; therefore, the proposed project would be in compliance with the parking standards.
Grading:
The Applicants propose to lower the existing grade (~207 MSL) east of the residence and patio area approximately three (3) feet to meet the grade of the existing patio (~203 MSL).
New retaining walls are proposed within the required interior-side and rear yards.
The proposed grading quantities include 159 cubic yards of cut, 4 cubic yards of fill, and 5 cubic yards of excavation for footings, for a total aggregate grading quantity of 168 cubic yards. The Applicants propose 160 cubic yards of export.
Lighting:
A condition of project approval requires that all new exterior lighting fixtures comply with the City-Wide Lighting Regulations of the Zoning Ordinance (SBMC 17.60.060). All light fixtures shall be shielded so that no light or glare is transmitted or reflected in such concentrated quantities or intensities as to be detrimental to the surrounding area.
Usable Open Space:
The project consists of grading for a residential use; therefore, usable open space and recreational facilities are neither proposed nor required according to SBMC Section
17.20.040.
Property Frontage & Public Right-of-Way Improvements:
The existing property frontage is improved with a concrete mountable curb and gutter.
The area between the concrete curb & property line consists of a gravel area. If approved, the Applicants will be required to replace the gravel area with decomposed granite (D.G.) along the entire property frontage.
Public Hearing Notice:
March 23, 2022
DRP21-024
Notice of the City Council Public Hearing for the project was published in the Union Tribune more than 10 days prior to the public hearing. The same public notice was mailed to property owners and occupants within 300 feet of the proposed project site on March 10, 2022. As of the date of preparation of this Staff Report, Staff has not received any formal correspondence from neighbors or interested parties in support of, or in opposition to, the proposed project.
CEQA COMPLIANCE STATEMENT:
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the State CEQA Guidelines. Section 15303 is a Class 3 exemption for new construction or the conversion of small structures. Examples of this exemption include one single-family residence or second dwelling unit in a residential zone. In urbanized areas, up to three-single-family residences may be constructed or converted under this exemption.
FISCAL IMPACT: N/A
WORKPLAN: N/A
OPTIONS:
• Approve Staff recommendation adopting the attached Resolution 2022-026. • Approve Staff recommendation subject to additional specific conditions necessary for the City Council to make all required findings for the approval of a DRP. • Deny the project if all required findings for the DRP cannot be made.
DEPARTMENT RECOMMENDATION:
The proposed project could be found to be consistent with the General Plan and the SBMC and could be found, as conditioned, to meet the discretionary findings required as discussed in this report to approve a DRP. Therefore, Staff recommends that the City Council:
1. Conduct the Public Hearing: Open the Public Hearing, Report Council Disclosures, Receive Public Testimony, and Close the Public Hearing.
2. Find the project exempt from the California Environmental Quality Act pursuant to Section 15303 of the State CEQA Guidelines; and
3. If the City Council makes the requisite findings and approves the project, adopt Resolution 2022-026 conditionally approving a DRP to conduct grading in excess of 100 cubic yards and perform associated site improvements on a lot with an March 23, 2022
DRP21-024
existing one-story single-family residence, with an attached, partially subterranean garage at , Solana Beach.
CITY MANAGER'S RECOMMENDATION:
Approve Department Recommendation.
Attachments:
1. Resolution 2022-026
2. Project Plans
RESOLUTION 2022-026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOLANA BEACH, CALIFORNIA, CONDITIONALLY
APPROVING A DEVELOPMENT REVIEW PERMIT TO
CONDUCT GRADING IN EXCESS OF 100 CUBIC YARDS AND
PERFORM ASSOCIATED SITE IMPROVEMENTS ON A LOT
WITH AN EXISTING ONE-STORY SINGLE-FAMILY
RESIDENCE WITH AN ATTACHED, PARTIALLY
SUBTERRANEAN, GARAGE AT - _,
SOLANA BEACH
APPLICANTS:
CASE NO.: DRP 21-024
and --
WHEREAS, - and - - (hereinafter referred to as "Applicants") have submitted an application for a Development Review Permit (DRP) pursuant to Title 17 (Zoning), of the Solana Beach Municipal Code (SBMC); and WHEREAS, a properly noticed public hearing was conducted in accordance with the provisions of Solana Beach Municipal Code Section 17.72.030; and WHEREAS, at the public hearing on March 23, 2022, the City Council received and considered evidence concerning the proposed application; and WHEREAS, this decision is based upon the evidence presented at the hearing and any information the City Council gathered by viewing the site and the area as disclosed at the hearing.
NOW THEREFORE, the City Council of the City of Solana Beach, California, does resolve as follows:
1. That the foregoing recitations are true and correct and incorporated herein as findings.
2. That the project is exempt from the California Environmental Quality Act pursuant to Section 15303 of the State CEQA Guidelines.
3. That the request is for a DRP to conduct grading in excess of 100 cubic yards on a lot with an existing single-family residence with an attached, partially subterranean garage. The 7,812 square-foot lot is located at and is within both the Low-Medium Residential (LMR) Zone and Scaled Residential Overlay Zone (SROZ) is conditionally approved based upon the following Findings and subject to the following Conditions:
4. FINDINGS
A. In accordance with Section 17.68.040 (Development Review Permit) of the City of Solana Beach Municipal Code, the City Council finds the following:
I ATTACHMENT 11
Resolution 2022-026
DRP21-024,
I. The proposed project is consistent with the General Plan and all applicable requirements of SBMC Title 17 (Zoning Ordinance), including special regulations, overlay zones, and specific plans.
General Plan Consistency: The project, as conditioned, is consistent with the City's General Plan designation of Low-Medium Density Residential, which allows for four (4) dwelling units per acre. Further, the proposed development is consistent with the objectives of the General Plan as it encourages the development and maintenance of healthy residential neighborhoods, the stability of transitional neighborhoods, and the rehabilitation of deteriorated neighborhoods.
Zoning Ordinance Consistency: The project is consistent with all applicable requirements of the Zoning Ordinance (Title 17) (SBMC 17.20.030 and
17.48.040), which delineates maximum allowable Floor Area Ratio (FAR), Permitted Uses and Structures (SBMC Section 17.20.020) which provides for uses of the property for a single-family residence. Further, the project adheres to all property development regulations established for the LowMedium Residential (LMR) Zone and cited by SBMC Section 17.020.030.
The project meets the minimum required front-, street side-, interior side-, and rear-yard setbacks.
II. The proposed development complies with the following development review criteria set forth in Solana Beach Municipal Code Section
17. 68. 040(F):
a. Relationship with Adjacent Land Uses: The development shall be designed in a manner compatible with and where feasible, complimentary to existing and potential development in the immediate vicinity of the project site. Site planning on the perimeter of the development shall give consideration to the protection of surrounding areas from potential adverse effects, as well as protection of the property from adverse surrounding influences.
The subject site is located within the Low-Medium Residential (LMR) Zone. The surrounding neighborhood consists of a mix of properties that are one- and two-story, single-family residences.
The project site is currently developed with a 2,802 square-foot one-story, single-family residence and a 1,018 square-foot attached, partially subterranean, two-car garage, 145 square feet of which is counted towards floor area. The Applicants propose grading and retaining walls for yard improvements, including a future pool, in the back yard.
As designed, the project is consistent with the permitted uses for the LMR Zone as described in Solana Beach Municipal Code Resolution 2022-026
DRP21-024,
(SSMC) Sections 17.20.010 and 17.12.020, which permits one single-family residence. The property is designated Low-Medium Density Residential in the General Plan and intended for singlefamily residential development with a maximum density of four (4) dwelling units per acre. The proposed development could be found to be consistent with the objectives of the General Plan as it encourages the development and maintenance of healthy
residential neighborhoods, the stability of transitional neighborhoods, and the rehabilitation of deteriorated
neighborhoods.
The property is not located within any of the City's Specific Plan areas; however, it is located within the boundaries of the SROZ and within the Coastal Zone. The project has been evaluated and could be found to be in conformance with the regulations of the SROZ.
As a condition of project approval, the Applicants are required to obtain a Coastal Development Permit, Waiver or Exemption from the California Coastal Commission prior to the issuance of a Building Permit.
b. Building and Structure Placement: Buildings and structures shall be sited and designed in a manner which visually and functionally enhances their intended use.
The site is currently developed with a 2,802 square-foot, singlestory residence, with a 1,018 square-foot attached, partially subterranean garage. No changes to the existing residence or garage are proposed.
The LMR Zone requires 25-foot front- and rear-yard setbacks, and a 5-foot interior side-yard setback. The proposed project, as designed, meets the minimum required street-side, interior-side and rear-yard setbacks.
c. Landscaping: The removal of significant native vegetation shall be minimized. Replacement vegetation and landscaping shall be compatible with the vegetation of the surrounding area. Trees and other large plantings shall not obstruct significant views when installed or at maturity.
The project is not subject to the water efficient landscaping regulations of SSMC Chapter 17.56. According to SSMC Section
17.56.040, the regulations apply to modified irrigated landscaped areas that exceed 2,500 square feet. The proposed project includes 795 square feet of new irrigated landscape; therefore, it does not require a landscape review.
Resolution 2022-026
DRP21-024,
d. Roads, Pedestrian Walkways, Parking and Storage Areas: Any development involving more than one building or structure shall provide common access roads and pedestrian walkways. Parking and outside storage areas, where permitted, shall be screened from view, to the extent feasible, by existing topography, by the placement of buildings and structures, or by landscaping and plantings.
SBMC Section 17.52.040 and the Off-Street Parking Design Manual require two (2) parking spaces for a single-family residence. Required parking is currently provided in the existing attached, partially subterranean garage. No changes are proposed to the existing garage; therefore, the proposed project is in compliance with the parking standards.
e. Grading: To the extent feasible, natural topography and scenic features of the site shall be retained and incorporated into the proposed development. Any grading or earth-moving operations in connection with the proposed development shall be planned and executed so as to blend with the existing terrain both on and adjacent to the site. Existing exposed or disturbed slopes shall be landscaped with native or naturalized non-native vegetation and existing erosion problems shall be corrected.
The Applicants propose to lower the existing grade (==207 MSL) east of the residence and patio area approximately three (3) feet to meet the grade of the existing patio (==203 MSL). New retaining walls are proposed within the required interior-side and rear yards.
The proposed grading quantities include 159 cubic yards of cut, 4 cubic yards of fill, and 5 cubic yards of excavation for footings, for a total aggregate grading quantity of 168 cubic yards. The Applicants propose 160 cubic yards of export.
f Lighting: Light fixtures for walkways, parking areas, driveways, and other facilities shall be provided in sufficient number and at proper locations to assure safe and convenient nighttime use. All light fixtures shall be appropriately shielded so that no light or glare is transmitted or reflected in such concentrated quantities or intensities as to be detrimental to the surrounding areas per SBMC
17. 60. 060 (Exterior Lighting Regulations).
A condition of project approval includes that all new exterior lighting fixtures comply with the City-Wide Lighting Regulations of the Zoning Ordinance (SBMC 17.60.060). All light fixtures shall be shielded so that no light or glare is transmitted or reflected in such Resolution 2022-026
DRP21-024,
concentrated quantities or intensities as to be detrimental to the surrounding area.
g. Usable Open Space: Recreational facilities proposed within required usable open space shall be located and designed to maintain essential open space values.
The project consists of grading for a residential use; therefore, usable open space and recreational facilities are neither proposed nor required according to SSMC Section 17.20.040.
h. Property Frontage & Public Right-of-Way Improvements:
The existing property frontage is improved with a concrete mountable curb and gutter. The area between the concrete curb & property line consists of a gravel area. As a condition of project approval, the Applicants are required to replace the gravel area with decomposed granite (D.G.) along the entire property frontage.
Ill. All required permits and approvals issued by the City, including variances, conditional use permits, comprehensive sign plans, and coastal development permits, have been obtained prior to or concurrently with the development review permit.
All required permits shall be processed concurrently with the DRP.
IV. If the development project also requires a permit or approval to be issued by a state or federal agency, the city council may conditionally approve the development review permit upon the applicant obtaining the required permit or approval from the other agency.
As a condition of project approval, the Applicants are required to obtain approval from the California Coastal Commission (CCC) prior to the issuance of Building Permits.
5. CONDITIONS
Prior to use or development of the property in reliance on this permit, the Applicants shall provide for and adhere to the following conditions:
A. Community Development Department Conditions:
I. The Applicants shall pay required Public Facilities Fees, as established by SSMC Section 17.72.020 and Resolution 1987-36.
II. Building Permit plans must be in substantial conformance with the plans presented to the City Council on March 23, 2022 and located in Resolution 2022-026
DRP21-024,
the project file with a submittal date of March 9, 2022.
Ill. Any proposed onsite fences, walls, and retaining walls and any proposed railing located on top, or any combination thereof, shall comply with applicable regulations of SSMC Section 17.20.040 and
17.60.070 (Fences and Walls).
IV. The Applicants shall obtain required CCC approval of a Coastal Development Permit, Waiver or Exemption as determined necessary by the CCC, prior to the issuance of a Grading or Building Permit.
V. Native or drought tolerant and non-invasive plant materials and water conserving irrigation systems shall be incorporated into any proposed landscaping and compatible with the surrounding area to the extent feasible.
VI. Any new exterior lighting fixtures shall be in conformance with the CityWide Lighting Regulations of SBMC 17.60.060.
VII. All light fixtures shall be appropriately shielded so that no light or glare is transmitted or reflected in such concentrated quantities or intensities that render them detrimental to the surrounding area.
VIII. Construction vehicles shall be parked on the subject property at all times when feasible. If construction activity prohibits parking on the subject property, the Applicants shall ensure construction vehicles are parked in such a way to allow sufficient vehicular access on Glencrest Place and Glencrest Drive and minimize impact to the surrounding neighbors.
IX. The Applicants shall connect to temporary electrical service as soon as feasible to the satisfaction of the City. The use of gas-powered generator(s) during construction activity is discouraged and shall be limited only to selective use at the discretion of the City.
B. Engineering Department Conditions:
I. The Applicants shall obtain a Building Permit for the retaining walls and pool.
II. The Applicants shall remove the existing gravel material in the public right of way and replace with bonded compacted D.G to the satisfaction of the City Engineer.
Ill. A Misc. Engineering Permit will be required as a condition of approval for the project for the construction of the swimming pool and the Resolution 2022-026
DRP21-024,
associated drainage improvements as shown on the proposed site plans. No geotechnical report or drainage report is required .
6. ENFORCEMENT: Pursuant to SBMC 17.72.120(8), failure to satisfy any and all of the above-mentioned conditions of approval is subject to the imposition of penalties as set forth in SBMC Chapters 1.16 and 1.18 in addition to any applicable revocation proceedings.
7. EXPIRATION: The DRP for the project will expire 24 months from the date of this Resolution, unless the Applicant have obtained building permits and have commenced construction prior to that date, and diligently pursued construction to completion. An extension of the application may be granted by the City Council, subject to SBMC Section 17.72.110.
8. INDEMNIFICATION AGREEMENT: The Applicants shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from and against any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicants of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the Applicants shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and Applicants regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicants shall not be required to pay or perform any settlement unless such settlement is approved by the Applicants.
NOTICE TO APPLICANTS: Pursuant to Government Code Section 66020, you are hereby notified that the 90-day period to protest the imposition of the fees, dedications, reservations or other exactions described in this resolution commences on the effective date of this resolution. To protest the imposition of any fee, dedications, reservations or other exactions described in this resolution you must comply with the provisions of Government Code Section 66020. Generally the resolution is effective upon expiration of the tenth day following the date of adoption of this resolution, unless the resolution is appealed or called for review as provided in the Solana Beach Zoning Ordinance.
Resolution 2022-026
DRP21-024,
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Solana Beach, California, held on the 23rd day of March, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers
Councilmembers
Councilmembers
Councilmembers
APPROVED AS TO FORM:
JOHANNA N. CANLAS, City Attorney
LESA HEEBNER, Mayor
ATTEST:
ANGELA IVEY, City Clerk
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CITY COUNCIL ACTION: ____________________________________________________ _________________________________________________________________________ AGENDA ITEM # C.1.
STAFF REPORT
CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: March 23, 2022
ORIGINATING DEPT: City Manager’s
SUBJECT: City Council Discussion on Fiscal Year 2021/22 Work Plan Priorities and Consideration of Additional Items
BACKGROUND:
The City Council (Council) adopts an annual Work Plan that is a guiding document that includes all Council’s priority projects for the fiscal year. The Work Plan focuses on four strategic priorities as the Council directs Staff on projects and programs: Community Character, Organizational Effectiveness, Environmental Sustainability and Fiscal Sustainability with the knowledge that all four areas of priority are important to the overall sustainability of the City.
Periodically, the Council directs Staff to explore significant items that are not listed in the adopted Work Plan. These items may come up as a result of citizen inquiries, state or federal legislation or through one of the City Commissions. This is a common occurrence in any given fiscal year and Staff attempts to address as many of these additional items as possible, considering the extent of resources needed and available outside of the focus on the adopted Work Plan. This year, there has been more additional items than typical, so Staff is seeking Council direction on whether or how to prioritize each of these items along with other items already included in the current fiscal year Work Plan.
This item is before the Council to discuss the additional items/issues brought up during the fiscal year that are not included in the current Work Plan and give direction to Staff on which items, if any, should be elevated to a priority status.
DISCUSSION:
Throughout any given year, Council and Staff receive requests to analyze and implement various programs and projects from the members of the community or from community organizations. Staff also has to react to certain legislative actions that may arise unexpectedly during a given year that could have a detrimental impact on the community. These items cannot always be anticipated during the Council Work Plan process and need to be addressed at different times throughout the year. During this particular year, a number of issues have arisen for which Staff is seeking further direction from Council in order to address and prioritize them along with Work Plan priorities and, of course, given current Staff resources.
March 23, 2022
Council Work Plan Prioritization Discussion
Of these items that have been raised, the following are not included in the current FY2022 Work Plan and, in no particular order, are:
• Outdoor Wood Burning Ordinance – Members of the community have addressed the Council about the desire to restrict outdoor wood burning, primarily from outdoor fire pits, due to the environmental harm caused by the associated smoke and its negative effect on air quality.
• Heritage Tree Ordinance – Members of the community have requested the Council consider a Heritage Tree Ordinance to restrict the removal of certain trees of any size or species that are specifically designated as heritage because of their historical, commemorative or horticultural significance.
• Ghost Gun Regulations – Members of the community have addressed the Council about the desire to implement Ghost Gun regulations. Ghost guns are unregulated, unserialized and untraceable firearms that can be bought online and built without a background check.
• Joint Use Agreement with San Dieguito School District – There has been expressed interest in developing a new Joint Use Agreement between the City and the San Dieguito School District to allow the community’s use of the Earl Warren School’s fields. • Citizen Commission Duties Updates – There has been an expressed interest in updating the duties and responsibilities of our Citizen Commissions to accurately reflect the role they play as advisory bodies to the City Council. • Utility Box Wrapping – Members of the Public Arts Commission and members of the community have requested an arts program that involves wrapping City-owned utility boxes with a variety of artistic designs. This project is in alignment with the City’s Master Art Policy which aspires to enhance the aesthetic qualities of Solana Beach while creating an atmosphere that nurtures and encourages public art.
Additionally, there are some items that are included in the FY2022 Work Plan that are listed as unprioritized items. These, too, require discussion to establish their priority along with the above-listed items. These include:
• Lighter Than Air Balloon Restrictions – Lighter than air (including helium) balloons create well known environmental damage when released or not properly disposed of.
The City of Encinitas passed an ordinance regulating the sale, use, distribution and release of lighter than air balloons that recently went into effect. • Short Term Vacation Rental (STVR) Regulation Update – While this item is included under the strategic priority of Fiscal Sustainability, recent discussion has centered around a more general updating of the City’s STVR regulations.
March 23, 2022
Council Work Plan Prioritization Discussion
Staff is seeking Council direction on which items, if any, should be elevated to a higher priority item for the remainder of the current fiscal year. This would also include any additional items any particular Councilmember may wish to bring up for consideration by Council as well.
CEQA COMPLIANCE STATEMENT:
Not a project as defined by CEQA.
FISCAL IMPACT:
There is no fiscal impact as a result of this item as it is for discussion purposes at this time.
Should Council prioritize any of these items to be worked on immediately, there may be a fiscal impact that could include additional Staff time and/or legal costs.
WORK PLAN:
These items are either not currently included as a priority item or are included as unprioritized items in the FY2022 Work Plan but may be elevated in priority should Council direct Staff to do so.
OPTIONS:
• Council to discuss and direct Staff to elevate any items to this current Work Plan. • Council to discuss and direct Staff to include any items in next year’s Council Work Plan. • Do not discuss and provide further direction.
DEPARTMENT RECOMMENDATION:
Staff recommends that the City Council discuss the additional items/issues brought up during the fiscal year that are not included as a priority item in the current Work Plan and give direction to Staff on which items, if any, should be elevated to a priority status CITY MANAGER’S RECOMMENDATION:
Approve Department Recommendation.
________________________
Gregory Wade, City Manager
CITY COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # C.2.
STAFF REPORT
CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: March 23, 2022
ORIGINATING DEPT: City Manager’s Department
SUBJECT: Consideration of Resolution 2022-027 Authorizing Execution of an Agreement for General and Specialized
Law Enforcement and Traffic Services Between the City of Solana Beach and the County of San Diego
BACKGROUND:
The City of Solana Beach (the “City”) has contracted its law enforcement services with San Diego County Sheriff’s Department since incorporation. Nine other cities in the County also contract for law enforcement services through the County Sheriff’s Department. The contract is a joint agreement, taking advantage of common needs and economies of scale that result in a lower cost for law enforcement than having an independent municipal police department or individually contracting with the County.
The existing five-year contract was approved by the City Council on June 28, 2017, and covered the period from July 1, 2017 through June 30, 2022. Negotiations toward a new five-year contract took place for several months preceding January 2022. This item is before City Council to consider the adoption of a new five-year contract for the period of July 1, 2022 through June 30, 2027.
DISCUSSION:
In late 2021, a subcommittee of the contract cities was formed to negotiate this new contract. The subcommittee was made up of a representative from one north county city (Poway) and one from a south county and “small city” (Imperial Beach). The subcommittee negotiated with the Sheriff’s Department for several months during the end of 2021 on an agreement to replace the previous five-year agreement which will expire on June 30, 2022. The subcommittee provided regular updates and solicited input from all nine Sheriff contract cities. The resulting contract maintains certain aspects of the current contract which includes the ability for cities to add or delete positions and receive the full cost credit when a position is eliminated.
March 23, 2022
Sheriff Contract
The proposed agreement continues the current level of staffing and services unless specifically altered by an individual city and offers cities the flexibility of changing positions during the term of the agreement, as a city's needs dictate. The proposed contract is also for five years from July 1, 2022 (Fiscal Year 2023) through June 30, 2027 (Fiscal Year 2027).
Including all operational, liability and retirement costs, the five-year increases will be capped at 1% in both Fiscal Years 2022-23 and 2023-24, 3.5% in Fiscal Year 2024-25,
3.5% in Fiscal Year 2025-26 and 3.5% in Fiscal Year 2026-27. Total costs for the City’s contract with the County Sheriff would be as follows:
FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 TOTAL
Increase: 1.00% 1.00% 3.50% 3.50% 3.50%
Cost: $4,885,879 $4,934,738 $5,107,454 $5,286,215 $5,471,233 $25,685,519 It should also be noted that the contract contains a reopener clause during year 3 wherein either party may request a meeting to discuss liability costs. Any changes to the contract at that time, however, would be subject to the consent of both parties.
At their meeting on January 25, 2022, the County Board of Supervisors approved the contract as attached to this Staff Report and authorized the Clerk of the Board to accept and execute the Agreement for Specialized Law and Traffic Enforcement with the participating cities.
While the cost of the new five-year agreement is significant, contracting with the County for law enforcement services is more beneficial and cost effective than having an independent City Police Department. The City receives additional services from the County, such as the ASTREA Helicopter, Crime Analysis, Crime Lab, Criminal Intelligence, Internal Affairs, Domestic Violence, Swat Team, SADLE Team, Narcotics Enforcement, Investigative Unit, Mobile Crisis Response Team and backup coverage from the deputies working in the nine other contract cities and in the County unincorporated areas. If Solana Beach were to have its own Police Department, the startup costs alone would be very high, and the annual expenses would be much higher, mainly due to personnel costs, including retirement, medical, and liability insurance. Most importantly, there is no guarantee that spending the additional money to have a City Police Department would bring an increased service level to the residents of Solana Beach. Given the additional costs, in fact, the level of service might very well decrease.
CEQA COMPLIANCE STATEMENT:
Contracting for Law Enforcement Services is not a project as defined by CEQA.
March 23, 2022
Sheriff Contract
FISCAL IMPACT:
The Sheriff’s contract for Solana Beach in Fiscal Years 2022-23 and 2023-24, when a 1% increase from the prior year is applied, would be $4,885,879 and $4,934,738, respectively. The first year of these costs has been included in the second year of the City’s adopted FY 2021-22/2022-23 Budget. In years 3 through 5, the contract costs would increase 3.50% to $5,107,45 in FY 2024-25, $5,286,215 in FY 2025-26, and to $5,471,233 in FY 2026-27. Total costs over the five-year contract term are estimated at $25,685,519.
WORK PLAN: N/A
OPTIONS:
∙ Approve Staff recommendation.
∙ Deny Staff recommendation and provide direction.
DEPARTMENT RECOMMENDATION:
Staff recommends that the City Council adopt Resolution 2022-027 authorizing the City Manager to execute the Agreement for General and Specialized Law Enforcement and Traffic Services between the City of Solana Beach and the County of San Diego for a five-year term beginning July 1, 2022 through June 30, 2027.
CITY MANAGER’S RECOMMENDATION:
Approve Department Recommendation
_________________________
Gregory Wade, City Manager
Attachments:
1. Resolution 2022-027
2. Agreement for General and Specialized Law Enforcement and Traffic Services between the City of Solana Beach and the County of San Diego RESOLUTION 2022-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOLANA BEACH, CALIFORNIA, APPROVING THE
AGREEMENT FOR GENERAL AND SPECIALIZED LAW
ENFORCEMENT AND TRAFFIC SERVICES FOR JULY 1,
2022 THROUGH JUNE 30, 2027
WHEREAS, the City Council desires to continue to utilize the San Diego County Sheriff’s Department for General and Specialized Law Enforcement and Traffic Services in the City of Solana Beach by entering into an Agreement for these services (Agreement); and
WHEREAS, the previous Agreement for law enforcement and traffic services expires on June 30, 2022; and
WHEREAS, the Agreement for general and specialized law enforcement and traffic services covers the period from July 1, 2022 through June 30, 2027; and WHEREAS, the contract for services is reviewed on a yearly basis to update current needs and costs; and
WHEREAS, the renewal of services is done by revising and adopting a Contract Law Enforcement Program Joint Operating and Financial Plan, and this plan is referred to as Attachment B which is included in the Agreement.
NOW, THEREFORE, the City Council of the City of Solana Beach, California, does resolve as follows:
1. That the above recitations are true and correct.
2. That the Mayor and City Council desire to approve the Agreement for General and Specialized Law Enforcement and Traffic Services for July 1, 2022 through June 30, 2027.
3. That the City Manager is authorized to execute the Agreement for General and Specialized Law Enforcement and Traffic Services for July 1, 2022 through June 30, 2027.
4. That the Mayor and City Council desire to approve the Attachment B for law enforcement contract services provided to the City of Solana Beach for Fiscal Year 2022-23.
5. That the City Manager is authorized to execute Attachment B annually on behalf of the City.
Resolution 2022-027
Law Enforcement and Traffic Services Agreement
PASSED AND ADOPTED this 23
rd day of March, 2022, at a regularly scheduled
meeting of the City Council of the City of Solana Beach, California by the following vote:
AYES: Councilmembers –
NOES: Councilmembers –
ABSTAIN: Councilmembers –
ABSENT: Councilmembers –
______________________________
Lesa Heebner, Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ _______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk 1 AGREEMENT BETWEEN THE CITY OF SOLANA
BEACH, THE COUNTY OF SAN DIEGO, AND
THE SAN DIEGO COUNTY SHERIFF
FOR MUNICIPAL LAW ENFORCEMENT SERVICES
This Agreement is between the City of Solana Beach, 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 law enforcement 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 Solana Beach on March 23, 2022 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 fiscalyear (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 in Section 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 booking in 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 Code section 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, actionor 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 bein 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 Solana Beach
635 South Highway 101
Solana Beach, CA 92075
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 statement of 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
28 This Agreement is intended solely for the benefit of the COUNTY and the CITY. Any benefit 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 29 Agreement is found by any court or other legal authority, or is agreed upon by the parties, to 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 benefitof 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, 30 the Mayor and the City Manager of CITY, and the members of the COUNTY Board of Supervisors and the SHERIFF.
IN WITNESS WHEREOF, the CITY, by resolution duly adopted by its City Council on March 23, 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, 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
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 7.090 1,550,147.10Deputy Traffic $218,638.52 2.310 505,054.98 Deputy Motor $233,892.37 1.000 233,892.37
Deputy SPO $218,638.52 2.200 481,004.74
Detective $228,807.75 1.000 228,807.75
CSO $95,743.97 0.500 47,871.99
Sergeant Patrol $282,742.95 0.625 176,624.10
Sergeant Traffic $282,742.95 0.236 66,727.34
Sergeant Relief $282,742.95 0.165 46,652.59
Sergeant Dedicated $282,742.95 - -
Detective Sgt $282,742.95 0.125 35,342.87
Station Staff 273,144.97
Subtotal 3,645,270.78Ancillary Support 596,510.28Supply 82,091.24 Vehicles 282,303.01
Space 65,885.68
Management Support 173,001.93Liability 40,816.17
Subtotal 1,240,608.30Adjustments: -
TOTAL AMOUNT $ 4,885,879.08
Attachment B
ATTACHMENT B
City of Solana Beach
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
_I _I --====----====----====---====---====::...I I
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
I I PATROL STATIONS I I
CITY COUNCIL ACTION: ____________________________________________________ _________________________________________________________________________ AGENDA ITEM # C.3.
STAFF REPORT
CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: March 23, 2022
ORIGINATING DEPT: City Clerk’s Office
SUBJECT: Parks and Recreation Commission Appointment
BACKGROUND:
This item is before the City Council to discuss and appoint a community member to serve on the Parks and Recreation Commission filling one of two vacancies that were not filled at the annual appointments in January.
All appointments to Citizen Commissions are conducted in accordance with Council Policy No. 5 - Appointment of Citizens to Boards, Commissions, Committees, and Task Forces (Attachment 1) - and all persons interested in serving on the City’s Citizen Commissions are required to “complete and file … a Citizen Interest Form (application),” with the required references, and submit it to the City Clerk for formal application processing. The Application/Citizen Interest Form is available year-round at the City Clerk’s Office and on the City’s website. The Parks and Recreation Commission’s appointments are made by Councilat-large. A majority vote of the City Council is required for appointment.
DISCUSSION:
Noticing
Following the annual vacancy appointments made on January 26, 2022, one of the three vacancies was filled on the Parks and Recreation Commission leaving two vacancies remaining. On January 27, 2022, the City Clerk posted a Notice of Vacancy (Attachment 2) for two positions on the Parks and Commission, per California Government Code Section 54974(a), with a deadline of March 15, 2022, in an effort to refill the positions and bring the Commission to full membership as quickly as possible. By the March 15th deadline, one application (Attachment 3) was received. As in the past, if applications are received after the deadline, they will not be forwarded to Council for consideration, as directed by Council in January 2019 to no longer consider late applications.
Recruitment notices were posted on the City’s Official bulletin board and the City’s website, eblast notices were sent out, and past applicants were notified.
Member Requirements
March 23, 2022
Public Arts Citizen Commission Appointment