Agenda packet — Solana Beach City Council, July 13, 2022 (part 1 of 4)

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, July 13, 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 Join the Meeting to 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/85216432752
Webinar ID: 852 1643 2752
If you cannot log on or need to use a phone for audio quality, use one of these call-in numbers: US: +1 669 900 9128 or +1 253 215 8782 or +1 346 248 7799 or +1 301 715 8592 or +1 312 626 6799 or +1 646 558 8656 or 833 548 0276 (Toll Free) or 833 548 0282 (Toll Free) or 877 853 5257 (Toll Free) or 888 475 4499 (Toll Free)
- 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 July 13, 2022 Page 2 of 9 - 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
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:

CLOSED SESSION REPORT:

FLAG SALUTE:

APPROVAL OF AGENDA:

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
ORAL COMMUNICATIONS:

Note to Public: Refer to Public Participation for information on how to submit public comment.

Solana Beach City Council Regular Meeting Agenda July 13, 2022 Page 3 of 9 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.12.)
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 April 13, 2022 and April 27, 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 June 11, 2022 – June 30, 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 2022/2023. (File 0330-30) Recommendation: That the City Council

1. Receive the report listing changes made to the Fiscal Year 2022/2023 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 July 13, 2022 Page 4 of 9 A.4. Fiscal Year 2022-23 Salary, Classification, and Compensation Plans. (File 0510-10) This item will be posted once it is available.

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.

A.5. Heating, Ventilation, and Air Conditioning (HVAC) Maintenance Services and As-Needed Repairs. (File 0700-25)
Recommendation: That the City Council

1. Adopt Resolution 2022-091:
a. Authorizing the City Manager to execute a Professional Services Agreement with Seaside Heating and Air in an amount of $3,960 per year for quarterly HVAC maintenance service, and $7,500 per year for unforeseen, as-needed repairs, for a total not to exceed amount of $11,460 per year for Fiscal Year 2022/23.
b. Authorizing the City Manager to extend the agreement up to four additional one-year terms, at the City’s option, at an amount not to exceed the amount budgeted in each subsequent year.
c. Authorizing the City Manager to approve a one-time purchase and installation of two rooftop HVAC units at City Hall, in an amount of $26,800, and a 10% ($2,680) contingency amount for unforeseen repairs, for a total not to exceed amount of $29,480 for FY 2022/23.
d. Authorizing the City Manager to approve a one-time purchase and installation of a HVAC central control system for City Hall, in an amount of $14,400, and a 10% ($1,440) contingency amount for unforeseen repairs, for a total not to exceed amount of $15,840 for FY 2022/23.
e. Authorizing a transfer of $21,000 from the General Fund Facilities budget unit to the City CIP fund to provide sufficient funding for the HVAC replacements. f. Authorizing the City Treasurer to amend the FY 2022/23 Adopted Budget accordingly.

Item A.5. 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.6. Americans with Disabilities Act (ADA) Pedestrian Ramps Project – Notice of Completion (NOC). (File 0820-20)
Recommendation: That the City Council

1. Adoption of Resolution 2022-089:
a. Authorizing the City Council to accept, as complete, the ADA Pedestrian Ramps, Bid No. 2022-04, constructed by Miramar General Engineering. b. Authorizing the City Clerk to file a Notice of Completion.

Item A.6. 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 July 13, 2022 Page 5 of 9 A.7. Continued Emergency Teleconferencing. (File 0240-25) Recommendation: That the City Council

1. Adopt Resolution 2022-095 authorizing remote teleconference meetings of the legislative bodies of the City for the period of July 14, 2022 through August 13, 2022 pursuant to the provisions of the Brown Act.

Item A.7. 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.8. Fletcher Cove Park Lithocrete Restoration. (File 0730-20) Recommendation: That the City Council

1. Adopt Resolution 2022-083 authorizing the City Manager to award a contract to T.B Penick & Sons, Inc., as a sole-source vendor, in the amount of $77,620, and the recommended contingency amount of $17,852 (23%), for a total amount of $95,472, for the Fletcher Cove Park Lithocrete Concrete Repairs.

Item A.8. 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.9. Dead Animal Disposal and Pest-Rodent Control Services. (File 0410-08) Recommendation: That the City Council

1. Adopt Resolution 2022-075:
a. Authorizing the City Manager to execute a Professional Services Agreement with Habitat Protection, Inc. at an amount not-to-exceed $9,960 for dead animal disposal and pest-rodent control services, and as-needed services for Fiscal Year 2022/23.
b. Authorizing the City Manager to extend the Professional Services Agreement with Habitat Protection Inc., on a yearly basis, for up to four additional oneyear terms, at the City’s option.

Item A.9. 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.10. Right-of-Entry and Reciprocal License Agreement for Parking with Brixton Cove, LLC. (File 0800-00)
Recommendation: That the City Council

1. Adopt Resolution 2022-096 authorizing the City Manager to execute a Right-ofEntry and Reciprocal License Agreement for Parking, in a form acceptable to the City Attorney, with Brixton Cove, LLC for a period of two years, effective August 15, 2022.

Item A.10. 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 July 13, 2022 Page 6 of 9 A.11. COVID-19 Temporary Use Permits (TUPs) for Outdoor Dining. (File 6410-10) Recommendation: That the City Council

1. Adopt Resolution 2022-085 extending the Covid-19 Temporary Use Permit Policy.

Item A.11. 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.12. Climate Action Plan Update Services. (File 0220-15) Recommendation: That the City Council

1. Adopt Resolution 2022-090 authorizing the City Manager to execute the Agreement for Climate Action Plan Update Services between the City of Solana Beach and Energy Policy Initiative Center for a one-year term beginning July 13, 2022 through June 30, 2023.

Item A.12. 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. – B.2.)
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: 1005 Highland Dr., Applicant: Kimberly and John Novak, Case #: DRP21-016. (File 0600-40)
The proposed project meets the minimum objective requirements of SBMC, could be found to be consistent with the General Plan 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, 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 2022-086 conditionally approving a DRP to construct a 1,726 square foot detached garage with a 676 square foot art studio and perform associated site improvements at 1005 Highland Drive.

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 July 13, 2022 Page 7 of 9 B.2. Public Hearing: Ida Avenue Apartments, Eight-Unit, Rental Residential Development Located on a Vacant Lot on the East Side of Ida Ave., Applicant:

KNN Management LLC, Case #: 17-18-03 DRP/SDP. (File 0600-40) The proposed project meets the minimum zoning requirements under the SBMC, may be found to be consistent with the General Plan and may be found, as conditioned, to meet the discretionary findings required as discussed in this report to approve a DRP.

Therefore, should the City Council be able to make the findings to approve the DRP, 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. Consider certification of the MND and adoption of Resolution 2022-087; and

3. If the City Council certifies the MND and makes the requisite Findings of Fact and approves the project, adopt Resolution 2022-088 conditionally approving a DRP and SDP for the Ida Avenue Apartments Project at 0 Ida Avenue, Solana Beach.

Item B.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. STAFF REPORTS: (C.1. – C.3.)
Note to Public: Refer to Public Participation for information on how to submit public comment.

C.1. Design Options for the Tot Lots at La Colonia Park and Fletcher Cove Park. (File 0720-30, 0730-40) Recommendation: That the City Council

1. Receive this report and provide direction on the design alternatives for the new Tot Lots at La Colonia Park and Fletcher Cove Park.

2. Consider adoption of Resolution 2022-094 authorizing the City Manager to amend the Professional Services Agreement with Van Dyke Landscape Architects, for a new total amount not to exceed $173,628, for the design of the relocated drainage swale and the retaining wall between the swale and playground equipment at the La Colonia Tot Lot.

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.

Solana Beach City Council Regular Meeting Agenda July 13, 2022 Page 8 of 9 C.2. Multi-Way Stop Control at Nardo/Fresca Intersection. (File 0860-45) Recommendation: That the City Council

1. Adopt Resolution 2022-92 authorizing the City Manager to install and maintain a Multi-Way Stop Control at the intersection of Nardo Avenue and Fresca Street.

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. Placing a Locally Controlled Street and Infrastructure Maintenance, Crime Prevention, Emergency Response and Traffic Management One-Cent General Sales Tax Measure (Transactions And Use Tax) to Maintain and Help Improve the Quality of City Services on the November 8, 2022 General Municipal Election Ballot for Voter Consideration. (File 0430-20) Recommendation: That the City Council

1. Approve Ordinance 526, subject to voter approval, by way of introduction by title only with a waiver of the full reading; and

2. Adopt Resolution 2022-093 directing that a general transactions and use tax measure be placed on the November 8, 2022 General Election ballot; submitting the ballot text for the transactions and use tax measure to the voters at the election; authorizing the submittal of ballot arguments; directing the City Attorney to prepare an impartial analysis; and directing the City Clerk to establish requirements for filing primary and rebuttal arguments regarding the transactions and use tax measure.

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 22, 2022
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.

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 Solana Beach City Council Regular Meeting Agenda July 13, 2022 Page 9 of 9 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 August 24, 2022
Always refer to the City’s website Event Calendar for Special Meetings or an updated schedule. Or Contact City Hall at 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 July 13, 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 July 7, 2022 at 4:30 p.m. on the City Bulletin Board at the entrance to the City Council Chambers. Said meeting is held at 6:00 p.m., July 13, 2022, in the Council Chambers, at City Hall, 635 S. Highway 101, Solana Beach, California.

Angela Ivey, City Clerk * City of Solana Beach, CA
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 – Closed Session
Wednesday, April 13, 2022 * 4:00 p.m.

City Hall / Council Chambers, 635 S. Highway 101, Solana Beach, California

Mayor Heebner called the meeting to order at 4:00 p.m.

Present: Lesa Heebner, Kelly Harless, David A. Zito, Jewel Edson, Kristi Becker

Absent: None
Also

Present:

Greg Wade, City Manager
Elizabeth Mitchell, Assistant City Attorney
PUBLIC COMMENT ON CLOSED SESSION ITEMS (ONLY): None
Report to Council Chambers and submit speaker slips to the City Clerk before the meeting recesses to closed session.

CLOSED SESSION:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
- Beach & Bluff Conservancy v. City of Solana Beach, California Coastal Commission, Surfrider (Case No. 37-2019-0002080-CU-WM-NC)
- City of Solana Beach v. 22nd District Agricultural Association, et al (Case No. 37-2022-00009209)

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
One (1) Potential case.

No Reportable Action.

ADJOURN:

Mayor Heebner adjourned the meeting at 4:40 p.m.

Angela Ivey, City Clerk Council Approved: ______
AGENDA ITEM # A.1.

Solana Beach City Council Regular Meeting Minutes April 13, 2022 Page 1 of 9

MINUTES
Joint REGULAR Meeting
Wednesday, April 13, 2022 * 6:00 p.m.

City Hall / Council Chambers, 635 S. Highway 101, Solana Beach, California  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 Jewel Edson, Councilmember Kristi Becker, Councilmember Gregory Wade
City Manager
Johanna Canlas
City Attorney
Angela Ivey
City Clerk
CALL TO ORDER AND ROLL CALL:

Mayor Heebner called the meeting to order at 6:49 p.m.

Present: Lesa Heebner, Kelly Harless, David A. Zito, Jewel Edson, Kristi Becker,

Absent: None
Also

Present:

Greg Wade, City Manager
Elizabeth Mitchell, Assistant City Attorney
Angela Ivey, City Clerk
Dan King, Assistant City Manager
Mo Sammak, City Engineer/Public Works Dir.

Ryan Smith, Finance Dir.

Joseph Lim, Community Development Dir.

FLAG SALUTE:

APPROVAL OF AGENDA:

Motion: Moved by Councilmember Edson and second by Councilmember Becker to approve.

Approved 5/0. Ayes: Heebner, Becker, Harless, Zito, Edson. Noes: None. Motion carried unanimously.

ORAL COMMUNICATIONS: None
Comments relating to items on this evening’s agenda are taken at the time the items are heard. 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 submitting a speaker slip (located on the back table) to the City Clerk.

CITY OF SOLANA BEACH

SOLANA BEACH CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY,

PUBLIC FINANCING AUTHORITY, & HOUSING AUTHORITY
Solana Beach City Council Regular Meeting Minutes April 13, 2022 Page 2 of 9 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.7.)
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 to the City Clerk a speaker slip (located on the back table) before the Consent Calendar is addressed. 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 heard immediately after approval of the Consent Calendar to hear the public speaker.

All speakers should refer to the public comment section at the beginning of the agenda for details.

Please be aware of the timer light on the Council Dais.

A.2. Register Of Demands. (File 0300-30)
Recommendation: That the City Council

1. Ratify the list of demands for March 05, 2022 – March 25, 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.

Motion: Moved by Councilmember Edson and second by Councilmember Zito to approve.

Approved 5/0. Ayes: Heebner, Becker, Harless, Zito, Edson. Noes: None. Motion carried unanimously.

A.3. General Fund Adopted Budget for Fiscal Year 2021/2022 Changes. (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 Councilmember Zito to approve.

Approved 5/0. Ayes: Heebner, Becker, Harless, Zito, Edson. Noes: None. Motion carried unanimously.

A.4. Americans with Disability Act (ADA) Pedestrian Ramps. (File 0820-20) Recommendation: That the City Council

1. Adopt Resolution 2022-029:
a. Awarding a construction contract to Miramar General Engineering in the amount of $51,700 for the ADA Pedestrian Ramps, Bid No. 2022-04. b. Approving an amount of $8,000 for construction contingency. c. Authorizing the City Manager to execute the construction contract on behalf of the City.

Solana Beach City Council Regular Meeting Minutes April 13, 2022 Page 3 of 9 d. Authorizing the City Manager to approve cumulative change orders up to the construction contingency amount.
e. Appropriating $59,700 to the Federal Grants revenue account and to the ADA Pedestrian Ramps CIP project, both in the CDBG fund.
f. Authorizing the City Treasurer to amend the FY 2021/22 Adopted Budget accordingly.

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 Councilmember Zito to approve.

Approved 5/0. Ayes: Heebner, Becker, Harless, Zito, Edson. Noes: None. Motion carried unanimously.

A.5. Economic Consulting Services – Keyser Marston Associates, Inc. (File 0150-85) Recommendation: That the City Council

1. Adopt Resolution 2022-034 authorizing the City Manager to execute an amendment to the Professional Services Agreement, in an amount not to exceed $55,000, with Keyser Marston Associates, Inc. for economic consulting services.

2. Authorize an appropriation of $30,000 from the Professional Services account in the City Manager’s department.

3. Authorize the City Treasurer to amend the FY 2021/2022 and FY 2022/23 Adopted Budget accordingly.

Item A.5. 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 Councilmember Zito to approve.

Approved 5/0. Ayes: Heebner, Becker, Harless, Zito, Edson. Noes: None. Motion carried unanimously.

A.6. Temporary Staff Funding. (File 0560-40)
Recommendation: That the City Council

1. Approve Resolution 2022-036 authorizing the City Manager to execute a Professional Services Agreement with Robert Half Inc for Temporary Staffing Services for a not-to-exceed amount of $45,000.

2. Approve Resolution 2022-033 authorizing the City Manager to execute a Professional Services Agreement with Kforce Staffing Inc for Temporary Staffing Services for a not-to-exceed amount of $60,000.

Item A.6. 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 Councilmember Zito to approve.

Approved 5/0. Ayes: Heebner, Becker, Harless, Zito, Edson. Noes: None. Motion carried unanimously.

A.7. Utility Box Wrapping Project. (File 0910-41)
Solana Beach City Council Regular Meeting Minutes April 13, 2022 Page 4 of 9 Recommendation: That the City Council

1. Adopt Resolution 2022-032 authorizing the locations and artist stipend for the Utility Box Wrapping Project.

2. Authorize the Finance Director to appropriate $10,000 from the Public Arts Reserve in the TOT Coastal Visitors Fund.

Item A.7. 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 Councilmember Zito to approve.

Approved 5/0. Ayes: Heebner, Becker, Harless, Zito, Edson. Noes: None. Motion carried unanimously.

A.1. AB 1690 Support. (File 0480-070)
Recommendation: That the City Council

1. Consider the adoption of Resolution 2022-035 expressing support of AB 1690 and authorize the City Manager to send a letter to the appropriate legislative committee(s) in support of AB 1690.

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.

Peggy Walker spoke in support of the position.

Motion: Moved by Councilmember Edson and second by Deputy Mayor Harless to approve.

Approved 5/0. Ayes: Heebner, Becker, Harless, Zito, Edson. Noes: None. Motion carried unanimously.

B. PUBLIC HEARINGS: (B.1)
This portion of the agenda provides citizens an opportunity to express their views on a specific issue as required by law after proper noticing by submitting a speaker slip (located on the back table) to the City Clerk. 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. 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 should refer to the public comment section at the beginning of the agenda for time allotment. Please be aware of the timer light on the Council Dais.

B.1. Public Hearing: 525 Ford Ave., Applicant: Cove Capital Properties, Case: DRP20- 006/SDP20-010 (File 0600-40)
The proposed project meets the minimum zoning requirements under the SBMC, may be found to be consistent with the General Plan and may be found, as conditioned, to meet the discretionary findings required as discussed in this report to approve a DRP.

Therefore, should the City Council be able to make the findings to approve the SDP, Staff recommends that the City Council:

Solana Beach City Council Regular Meeting Minutes April 13, 2022 Page 5 of 9

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 2022-030 conditionally approving a DRP and SDP to demolish a singlefamily residence, construct a replacement 4,017 square-foot, two-story single-family residence with an attached two-car garage, and perform associated site improvements at 525 Ford Avenue, Solana Beach.

Item B.1. Report (click here)
Item B.1. Supplemental Docs (updated 4-13-22 at 3:00pm) 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, Senior Planner, presented a PowerPoint (on file).

Mayor Heebner opened the public hearing.

Council disclosures.

Council and Staff discussed the bioretention swells being open, vegetated, and approximately 6 inches below the surface of the pool deck.

Troy Foss, Applicant, said that he purchased the property about two years ago with the intent of building a home that was desirable and fit in with the neighborhood, that he met with the Edwards and told them that he would design a home that did not impact their view, that he made concessions to shrink it down by lining up the second story where an existing second story to the west was located, and removed all the landscape.

Marco Gonzalez, Coast Law Group, presented a PowerPoint (on file), and reviewed the VAC findings, noted that the applicant made reasonable attempts to resolve view impairment issues, there were no impacts to public views, and that the structure was compatible with immediate neighborhood characteristics. He said that none of the claimant’s view was impacted and that he had removed vegetation which opened more of the claimant’s view, and that there was no significant cumulative view impairment, even with a hypothetical fully built out second story on the King’s property.

Council and Applicant discussed the proposal made by Applicant to draft a covenant to ensure height limitation of potential vegetation on the back end of the property, limiting the vegetation height to 12 ft. so that it would not block the claimant’s view, and that the Applicant could agree to a 10 ft. height limit.

Melissa Fischel, Ford Avenue, said that she opposed the project, that neighbors preferred a decreased size and scale of the second floor, that the project was on the west side of the street and would be a larger home than her home on the east side of the street that had a larger lot size than the proposed project’s lot, that they would request future vegetation plans to respect the existing views and view corridor, that neighbors on both sides of the project Solana Beach City Council Regular Meeting Minutes April 13, 2022 Page 6 of 9 had raised concerns at prior meetings on this property, that it was a bad precedent to build an opposing wall next to a resident who had lived in their home for 68 years, and asked that the request be declined as it’s currently proposed.

Jim King said that he was a neighbor, that he strongly opposed the project, and that it was overkill for the neighborhood.

Walt Edwards said that he was a neighbor next to the subject property, that he opposed the project, that the Applicant refused to shift the bulk of the second story or the side of the building which is closer to his property than the other neighbor’s property, that the proposal was not designed in a manner consistent with the neighboring properties based on square footage and view impacts, that there were other homes in the area that were two story but built below street level utilizing the basement for some of the home, that he opposed the Applicant’s proposed RV parking on the side of the property which may explain the asymmetry of the design, that there were no changes in the building design for existing views, and some new views they have opened would be contingent on vegetation height.

Bruce Applegate said that he was speaking on behalf of the neighbors on Ford Ave, that the character of the street was unusual, that both houses on either side of him had been redeveloped and the homeowners came to them to go over the plans and all issues were collaboratively resolved, and that he hoped that this development would be adjusted for everybody’s sake.

Mr. Gonzalez (rebuttal time) said that one way to mitigate views was by taking out the vegetation, so they did so, that the Applicant had pushed the second story towards the street giving a 19 ½ ft. separation between structures on the second story, that both sides had a 5 ft. first floor set back separation, that the structure was designed to not impact the neighbor’s views, that it was not true that Mr. Foss had not tried to work with the neighbors, that the project meets all of the requirements, that they were well within the square footage, that they met most of the VAC requirements and showed that two of the VAC issues were incorrect, and that they would entertain a covenant of vegetation height limits.

Council and Mr. Gonzalez discussed softening the structure with some trees in the front yard that could be seen through, confirmed the header heights and roof pitch, to consider reducing the first floor from 10 ft. to 9 ft. 1 in. and reducing the roof pitch from 2 ½ and 12 to 2 and 12, that the purpose of the 70 cubic yards of fill was to balance the site for drainage to the biofiltration basin, concern from neighbors about the crowding to the east and possibly shifting it to the south, that the 20 ft. setback was twice what is required by code, that the Applicant had shifted a portion of the second story to avoid the neighbor’s primary viewing areas which squeezed the project on the other side, that the larger setback was to accommodate the additional parking space, that the bioretention has a gradual slope and not a drop so there was no need for a step, and considered higher windows in the bedroom rather than sight view.

Mayor Heebner recessed the meeting at 7:50 p.m. for a break and reconvened at 8:00 p.m.

Mr. Gonzalez showed the slide of the west side elevation, said the width of the terrace could be reduced by 2 ft. from 9 ft. 8 in. to 7 ft. 8 in., that the terrace has already been reduced by Solana Beach City Council Regular Meeting Minutes April 13, 2022 Page 7 of 9 50 percent, that they would reduce the downstairs height to 9 ft. 6 in., and that the roof pitch would be reduced from almost 3 and 12 down to 2 ½ and 12 which would give another 6 inches in total height reduction.

Council, Mr. Gonzalez, and Architect, discussed the height and corrected the current roof pitch height to currently sit at 2.98 and that they could reduce it to 2 and 12, and that eliminating the parking space would require redoing the entire design and a cascading shift of pool and structure and would put more mass on the King’s side of the project.

Council discussed the primary viewing area being the primary bedroom and off the balcony, the community compatibility finding that the Council has to make, concerns about the future vegetation, that the removal of some vegetation did increase some views, that the Applicant was willing to implement a deed restriction to limit the vegetation, concerns about mass and scale of project, making a third party agreement for a covenant or recorded deed restriction, reducing the height of the ceiling and the roof pitch to reduce the overall mass and scale, and reducing the size of the terrace from 9 ft. 8 in. to 7 ft. 8 in.

Mr. Foss said they would be willing to change the roof pitch to get 6 inches and reduce the first story to 9 ft. 6 in., that bringing it down to 9 ft. would make a big difference in the look and feel of the interior design that includes soffits, crown molding, and wood beams.

Motion: Moved by Councilmember Zito and second by Councilmember Edson to close the public heard. Approved 5/0. Ayes: Heebner, Becker, Harless, Zito, Edson, Noes: None.

Motion carried unanimously.

Motion: Moved by Mayor Heebner and second by Councilmember Edson to approve with conditions that a covenant and view easement be recorded limiting vegetation to 10 ft. high in the rear yard prior to issuing the building permit, that the height be reduced by a total of 13 inches by reducing the first-floor ceiling to 9 ft. 6 in., reducing the roof pitch to 2 in. 12 in., and reducing the terrace to 7 ft. 8 in. Approved 4/1. Ayes: Heebner, Becker, Zito, Edson. Noes:

Harless. Motion carried.

C. STAFF REPORTS: (C.1. – C.2.)
Submit speaker slips to the City Clerk.

All speakers should refer to the public comment section at the beginning of the agenda for time allotments. Please be aware of the timer light on the Council Dais.

C.1. Introduce (1st Reading) Ordinance 522 Regulating Non-Serialized Untraceable Ghost Guns. (File 0250-70)
Recommendation: That the City Council

1. Introduce Ordinance 522 amending Chapter 7.20 and adding Chapter 7.20.040 to the Solana Beach Municipal Code to address non-serialized untraceable ghost guns.

Item C.1. Report (click here)
Item C.1. Supplemental Docs (updated 4-13-22 at 3:35pm) Solana Beach City Council Regular Meeting Minutes April 13, 2022 Page 8 of 9 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.

Elizabeth Mitchell, Assistant City Attorney, introduced the time, read the title, and cited federal and state laws that included allowing the right to bear arms, requiring licensed importers and manufacturers to identify each firearm with a serial number engraved or cast on the receiver or frame of the weapon, making it illegal to manufacture, import, sell, ship, deliver, possess, transfer, or receive any firearm that is not detectable by walk through metal detection as a security exemplar or does not generate an accurate image before standard airport imaging technology, prohibited any assault weapon or 50 BMG rifle, prohibiting firearm precursor parts to be owned or possessed by certain persons, requiring licensing for any person owning firearms, making it illegal to change, alter, remove, or obliterate identification of the manufacturer or serial number, requiring the age of ownership for types of firearms, requiring dealers to obtain certain identifying information from purchasers and perform background checks to ensure they are not prohibited from owning a firearm, and providing multiple definitions of terms. She said that a new federal law was underway modernizing the definition of a firearm, frame, or receiver, addressing the proliferation of un-serialized firearms, prohibiting guns being sold to convicted felons and other prohibited purchasers, requiring retailers to run background checks before selling kits that contain the parts necessary for someone to readily make a gun, aiding law enforcement to trace guns used in a crime, reducing the number of unmarked and hard to trace ghost guns, establishing requirements for serial numbers to be added to 3D printed guns or other un-serialized guns, and expanding the time of records retention of information obtained from purchasers.

C.2. Climate Action Commission Appointment. (File 0120-06) Recommendation: That the City Council

1. Consider the applications submitted for appointments to two vacancies on the Climate Action Commission with a term ending January 2023.

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.

Motion: Moved by Councilmember Edson and second by Councilmember Zito to appoint John Kellogg and Mike Nagamine. Approved 5/0. Ayes: Heebner, Becker, Harless, Zito, Edson. Noes: None. Motion carried unanimously.

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
Solana Beach City Council Regular Meeting Minutes April 13, 2022 Page 9 of 9 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 8:47 p.m.

Angela Ivey, City Clerk Council Approved: _____

CITY OF SOLANA BEACH

SOLANA BEACH CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY,

PUBLIC FINANCING AUTHORITY, AND HOUSING AUTHORITY

MINUTES
Joint – Closed Session
Wednesday, April 27, 2022 ♦ 5:00 p.m.

City Hall / Council Chambers, 635 S. Highway 101, Solana Beach, California Gregory Wade
City Manager
Johanna Canlas
City Attorney
Angela Ivey
City Clerk
CALL TO ORDER AND ROLL CALL:

Mayor Heebner called the meeting to order at 5:00 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
PUBLIC COMMENT ON CLOSED SESSION ITEMS (ONLY): None
Report to Council Chambers and submit speaker slips to the City Clerk before the meeting recesses to closed session.

CLOSED SESSION:

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
One (1) Potential case.

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
- Pease v. City of Solana Beach
(Case No. 37-2022-00006023-CU-PO-NC)
No Reportable Action.

ADJOURN:

Mayor Heebner adjourned the meeting at 5:51 p.m.

Angela Ivey, City Clerk Council Approved: _________

CITY COUNCILMEMBERS
Lesa Heebner, Mayor
Kelly Harless
Deputy Mayor
David A. Zito
Councilmember
District 1
Jewel Edson
Councilmember
District 3
Kristi Becker
Councilmember
Solana Beach City Council Regular Meeting Agenda April 27, 2022 Page 1 of 7

MINUTES
Joint REGULAR Meeting
Wednesday, April 27, 2022 * 6:00 p.m.

Please submit your speaker slip to the City Clerk prior to the meeting or the announcement of the Item.

Allotted times for speaking are outlined on the speaker’s slip for Oral Communications, Consent, Public Hearings and Staff Reports.

READING OF ORDINANCES AND RESOLUTIONS:

CALL TO ORDER AND ROLL CALL:

Mayor Heebner called the meeting to order at 6:00 p.m.

Present: Lesa Heebner, Kelly Harless, David A. Zito, Jewel Edson, Kristi Becker,

Absent: None
Also

Present:

Dan King, Assistant City Manager
Johanna Canlas, City Attorney
Angela Ivey, City Clerk
Mo Sammak, City Engineer/Public Works Dir.

Ryan Smith, Finance Dir.

CLOSED SESSION REPORT: None
FLAG SALUTE:

APPROVAL OF AGENDA:

CITY OF SOLANA BEACH

SOLANA BEACH CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY,

PUBLIC FINANCING AUTHORITY, & HOUSING AUTHORITY
Solana Beach City Council Regular Meeting Agenda April 27, 2022 Page 2 of 7 Motion: Moved by Councilmember Becker and second by Deputy Mayor Harless to approve.

Approved 5/0. Ayes: Heebner, Becker, Harless, Zito, Edson. Noes: None. Motion carried unanimously.

PROCLAMATIONS/CERTIFICATES: Ceremonial
National Bike Month
Mayor Heebner read the proclamation and presented it to Doug Alden.

Doug Alden said that he accepted the proclamation on behalf of Bike Walk Solana and had the members of the organization stand up in the audience. He announced some upcoming events.

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.5.)
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 to the City Clerk a speaker slip (located on the back table) before the Consent Calendar is addressed. 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 heard immediately after approval of the Consent Calendar to hear the public speaker.

All speakers should refer to the public comment section at the beginning of the agenda for details.

Please be aware of the timer light on the Council Dais.

A.1. Minutes of the City Council.

Recommendation: That the City Council

1. Approve the Minutes of the City Council meetings held February 9, 2022 and March 2, 2022.

Approved Minutes posted next to the Meeting video.

Motion: Moved by Councilmember Edson and second by Councilmember Becker to approve.

Approved 5/0. Ayes: Heebner, Becker, Harless, Zito, Edson. 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 March 26, 2022 – April 15, 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.

Solana Beach City Council Regular Meeting Agenda April 27, 2022 Page 3 of 7 Motion: Moved by Councilmember Edson and second by Councilmember Becker to approve.

Approved 5/0. Ayes: Heebner, Becker, Harless, Zito, Edson. Noes: None. Motion carried unanimously.

A.3. General Fund Adopted Budget for Fiscal Year 2021/2022 Changes. (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 Councilmember Becker to approve.

Approved 5/0. Ayes: Heebner, Becker, Harless, Zito, Edson. Noes: None. Motion carried unanimously.

A.4. Quarterly Investment Report. (File 0350-44)
Recommendation: That the City Council

1. Accepts and files the Cash and Investment Report for the quarter ended March 31, 2022.

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 Councilmember Becker to approve.

Approved 5/0. Ayes: Heebner, Becker, Harless, Zito, Edson. Noes: None. Motion carried unanimously.

A.5. Solid Waste Rate Review - Proposition 218 Notification. (File 1030-15) Recommendation: That the City Council

1. Adopt Resolution 2022-037 setting the Solid Waste Rate Review Public Hearing protest vote for June 22, 2022.

Item A.5. 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 Councilmember Becker to approve.

Approved 5/0. Ayes: Heebner, Becker, Harless, Zito, Edson. Noes: None. Motion carried unanimously.

B. PUBLIC HEARINGS: (B.1)
This portion of the agenda provides citizens an opportunity to express their views on a specific issue as required by law after proper noticing by submitting a speaker slip (located on the back table) to the City Clerk. 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. 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 Solana Beach City Council Regular Meeting Agenda April 27, 2022 Page 4 of 7 opposition. All other speakers should refer to the public comment section at the beginning of the agenda for time allotment. Please be aware of the timer light on the Council Dais.

B.1. Public Hearing: 1246 Highland Dr., Applicant: Brent & Leslie Stringer, Application: DRP21-005. (File 0600-40)
The proposed project meets the minimum zoning requirements under the SBMC, may be found to be consistent with the General Plan and may 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 15301 of the State CEQA Guidelines; and

3. If the City Council makes the requisite findings and approves the project, adopt Resolution 2022-031 conditionally approving a DRP to construct a 721 square-foot addition to an existing split level, single-family residence with a detached 1,176 square-foot, two-story garage/storage building, and perform associated site improvements at 1246 Highland Drive, Solana Beach.

Item B.1. Report (click here)
Item B.1. Supplemental Docs (updated 4-25-22 at 5:30pm) 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.

Dan King, Assistant City Manager, introduced the item.

Corey Andrews, Principal Planner, presented a PowerPoint (on file).

Mayor Heebner opened the public hearing.

Council disclosures.

Council and Staff discussed the stop work order having been issued in February 2021, the application for approval having been submitted in April 2021, and that the building fees would be double for the unpermitted work that was performed.

Jeff Parshalle, Applicant representative, said that he had no presentation and was available for questions.

Council and Leslie Stringer, owner, discussed some of the bamboo having been removed and some was going to be left on the property, that neighbors had concerns about the bamboo blocking views, that the applicant left some bamboo for privacy from the view of the neighbor’s deck looking down onto the property, that they had not made contact with the neighbors, and that they had removed 30-40 eucalyptus trees and placed small palms in their place when she moved in.

Council discussed removing the main palm tree in the Stephan’s view and removing all the remaining bamboo.

Solana Beach City Council Regular Meeting Agenda April 27, 2022 Page 5 of 7 Motion: Moved by Mayor Heebner and second by Councilmember Becker to close the public hearing. Approved 5/0. Ayes: Heebner, Becker, Harless, Zito, Edson. Noes: None. Motion carried unanimously.

Motion: Moved by Mayor Heebner and second by Deputy Mayor Harless to approve with added conditions to remove the main palm tree as well as remove all remaining bamboo.

Approved 5/0. Ayes: Heebner, Becker, Harless, Zito, Edson. Noes: None. Motion carried unanimously.

C. STAFF REPORTS: (C.1. – C.4.)
Submit speaker slips to the City Clerk.

All speakers should refer to the public comment section at the beginning of the agenda for time allotments. Please be aware of the timer light on the Council Dais.

C.1. Parks and Recreation Commission Appointment. (File 0120-06) Recommendation: That the City Council

1. Consider the applications submitted and appoint one (1) member to the Parks and Recreation Commission nominated/appointed by Council-at-large for a term ending January 2024.

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.

Motion: Moved by Councilmember Zito and second by Councilmember Edson to appoint Sarah Hill. Approved 5/0. Ayes: Heebner, Becker, Harless, Zito, Edson. Noes: None. Motion carried unanimously.

C.2. Introduce (1st Reading) Ordinance 523 - Regulating the Use, Sale and Distribution of Balloons filled with Gas Lighter than Air. (File 0220-70) Recommendation: That the City Council

1. Introduce Ordinance 523 amending Title 5 and adding Chapter 5.07 to the Solana Beach Municipal Code to address the Use, Sale and Distribution of Balloons Filled with Gas Lighter than Air.

Item C.2. Report (click here)
Item C.2. Supplemental Docs (updated 4-27-22 at 4:30pm) 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.

Johanna Canlas, City Attorney, introduced the item and read the title of the ordinance.

Kristin Brinner spoke in favor of the ordinance, helium being an important resource not to waste, and stopping the dumping of plastics in the environment.

Solana Beach City Council Regular Meeting Agenda April 27, 2022 Page 6 of 7 Stella Erkam said that she was a Solana Beach teacher and a north county resident, she supported the ordinance, her experience in beach cleanup, that Surfrider volunteers had removed over 11,000 balloons from San Diego County beaches.

Leyla Erkam said that she was a senior at Canyon Crest Academy, that she wanted to major in Marine Biology, that she had seen so many balloons in the water when she was surfing, and asked that Council vote yes on the ordinance to decrease plastic pollution caused by balloon releases.

Mark O’Connor, Surfrider, said that the Staff Report clearly outlined the dangers of helium balloons, that Tina Overland was the surfer who contacted Surfrider regarding the balloon liter in the water, and he cited multiple non-profit supporters of the ordinance, Motion: Moved by Councilmember Edson and second by Councilmember Becker to approve.

Approved 5/0. Ayes: Heebner, Becker, Harless, Zito, Edson. Noes: None. Motion carried unanimously.

C.3. Adopt (2nd Reading) Ordinance 522 - Regulating Non-Serialized Untraceable Ghost Guns. (File 0250-70)
Recommendation: That the City Council

1. Adopt Ordinance 522 amending Chapter 7.20 and adding Chapter 7.20.040 to the Solana Beach Municipal Code to address non-serialized untraceable ghost guns.

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.

Johanna Canlas, City Attorney, read the title of the ordinance.

Motion: Moved by Deputy Mayor Harless and second by Mayor Heebner to approve.

Approved 5/0. Ayes: Heebner, Becker, Harless, Zito, Edson. Noes: None. Motion carried unanimously.

C.4. Introduce (1st Reading) Ordinance 516 – Electronic Filing of Campaign Statements. (File 0430-50)
Recommendation: That the City Council

1. Introduce Ordinance 516 related to electronic campaign statements, adding Section 2.24.085 Electronic Filing of Campaign Statements to the Solana Beach Municipal Code.

Item C.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.

Angela Ivey, City Clerk, stated that the Fair Political Practices Commission requires filings for campaign disclosure statements for local candidates for elective office, they report campaign Solana Beach City Council Regular Meeting Agenda April 27, 2022 Page 7 of 7 contributions and expenditures, that utilizing an electronic system would benefit candidates and other committees filing such statements, it would provide the public with 24-hour access to these filings, and that this item was before Council to introduce the ordinance allowing for electronic filings so that the FPPC may authorize the City to proceed with implementation of the necessary software.

Motion: Moved by Councilmember Zito and second by Deputy Mayor Harless to approve.

Approved 5/0. Ayes: Heebner, Becker, Harless, Zito, Edson. Noes: None. Motion carried unanimously.

WORK PLAN COMMENTS:

Adopted June 23, 2021
COMPENSATION & REIMBURSEMENT DISCLOSURE:

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 6:56 p.m.

Angela Ivey, City Clerk Council Approved: ______
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: July 13, 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.

Register of Demands- 06/11/22 through 06/30/22
Check Register-Disbursement Fund (Attachment 1) $ 824,624.14 Net Payroll Staff M26 June 24, 2022 300,315.54
TOTAL $ 1,124,939.68
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 June 11, 2022 through June 30, 2022 reflects total expenditures of $1,124,939.68 from various City sources.

WORK PLAN:

N/A
July 13, 2022
Register of Demands

Page 2 of 2 ends

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 10
City of Solana Beach
Register of Demands
6/11/2022 - 6/30/2022
Department
Vendor Description Date
Check/EFT
Number Amount
100 - GENERAL FUND
ICMA PLAN 302817 Payroll Run 1 - Warrant M26 06/23/2022 9000520 $15,405.16 SOLANA BEACH FIREFIGHTERS ASSOC Payroll Run 1 - Warrant M26 06/23/2022 9000522 $850.00 AFLAC JUNE 22 06/30/2022 102134 $870.16
GRANICUS INC FY23 HOSTING/SUBSCRIPTIONS 06/30/2022 102147 $854.45 ICMA RHS 801939 Payroll Run 1 - Warrant M26 06/23/2022 9000521 $1,960.07 SUN LIFE FINANCIAL MAY 22 LIFE INSURANCE 06/30/2022 9000527 $1,331.24 SUN LIFE FINANCIAL MAY 22 LIFE INSURANCE 06/30/2022 9000527 $270.20 SUN LIFE FINANCIAL MAY 22 LIFE INSURANCE 06/30/2022 9000527 $1,684.24 SUN LIFE FINANCIAL JUNE 22 LIFE INSURANCE 06/30/2022 9000527 $1,331.24 SUN LIFE FINANCIAL JUNE 22 LIFE INSURANCE 06/30/2022 9000527 $270.20 SUN LIFE FINANCIAL JUNE 22 LIFE INSURANCE 06/30/2022 9000527 $1,712.69 SUN LIFE FINANCIAL MAR 22 LIFE & ADD INS 06/30/2022 9000527 $1,331.24 SUN LIFE FINANCIAL MAR 22 SUPP LIFE INS 06/30/2022 9000527 $270.20 SUN LIFE FINANCIAL MAR 22 LTD 06/30/2022 9000527 $1,633.03 SUN LIFE FINANCIAL APR 22 LIFE & ADD INS 06/30/2022 9000527 $1,345.04 SUN LIFE FINANCIAL APR 22 SUPP LIFE INS 06/30/2022 9000527 $270.20 SUN LIFE FINANCIAL APR 22 LTD 06/30/2022 9000527 $1,655.79 ALL CITY MANAGEMENT SERVICES, INC 05/15/22-05/28/22-CROSSING GUARDS 06/30/2022 9000523 $6,752.20 PATRICIA SULLIVAN 06/05/22 RFND-FCCC 06/30/2022 102156 $500.00 DAVID LIKINS REFUND/ENC21-0094 - 625 S CEDROS 06/17/2022 102048 $9,935.41 TYLER TECHNOLOGIES, INC. FY 22/23 ANNUAL MAINTENANCE 06/30/2022 102164 $83,919.25 STERLING HEALTH SERVICES, INC. M25 FSA/DCA CONTRIBUTION 06/17/2022 9000518 $1,343.75 STERLING HEALTH SERVICES, INC. M25 FSA/DCA CONTRIBUTION 06/17/2022 9000518 $439.77 STERLING HEALTH SERVICES, INC. MC12 FSA CONTRIBUTION 06/17/2022 9000518 $237.50 STERLING HEALTH SERVICES, INC. M26 FSA/DCA CONTRIBUTIONS 06/30/2022 9000526 $1,343.75 STERLING HEALTH SERVICES, INC. M26 FSA/DCA CONTRIBUTIONS 06/30/2022 9000526 $439.77 FRANCHISE TAX BOARD 633140172933902746 06/23/2022 102083 $100.00 DAVID URICH CANCELLED EVENT - 06/03/22 06/23/2022 102080 $692.00 DAVID URICH CANCELLED EVENT - 06/03/22 06/23/2022 102080 $96.39 M. GUITTARD PIERRE REFUND-ADDRESS VERIFICATION 06/23/2022 102085 $19.00 LUKE BALLANTYNE REISSUE-V241539 pd 06/24/22 06/30/2022 102152 $25.53 KINSEY BETTENCOURT REISSUE V241546-06/24/26 06/30/2022 102150 $265.96 TOTAL GENERAL FUND $139,155.43
1005100 - CITY COUNCIL
US BANK AU-CLOSED SESSION DINNER 06/30/2022 102136 $124.67 US BANK KM-SPONGE 06/30/2022 102137 $5.05
US BANK KM-CLOSED SESSION DINNER 06/30/2022 102136 $202.49 US BANK KM-CLOSED SESSION DINNER 06/30/2022 102136 $205.36 FRIENDS OF SOLANA BEACH LIBRARY FY22-FRIEND OF THE LIBRARY REIMBURSEMENT 06/30/2022 102146 $10,000.00 Page: 2 of 10
TOTAL CITY COUNCIL $10,537.57
1005150 - CITY CLERK
IRON MOUNTAIN Records Storage-MAY 22 06/30/2022 102149 $821.24 US BANK GA-COUNCIL VHS CONVERSION 06/30/2022 102136 $89.42 US BANK GA-COURIER FOR VHS CONVERSION 06/30/2022 102136 $44.00 US BANK GA-VHS CONVERSION 06/30/2022 102136 $537.67
US BANK GA-MINTUES 06/30/2022 102136 $29.25
US BANK GA-MINTUES 06/30/2022 102136 $44.75
US BANK GA-VHS CONVERSION 06/30/2022 102136 $376.37
US BANK GA-CCAC MEMEMBERSHIP 06/30/2022 102136 $115.00
US BANK GA-MINTUES 06/30/2022 102137 $14.00
US BANK AI-IIMC MEMEBERSHIP 06/30/2022 102136 $200.00
US BANK AI-KEYBOARD 06/30/2022 102136 $78.60
US BANK AI-COUNCIL PHOTO SESSION 06/30/2022 102136 $395.00 US BANK AI-COUNCIL PHOTO 06/30/2022 102136 $24.76
CORODATA RECORDS MANAGEMENT, INC MAY-RECORD STORAGE 06/30/2022 102141 $1,063.67 CAL EXPRESS TAPE CONVERSION DELIVERY 06/30/2022 102138 $74.00 CODE PUBLISHING COMPANY INC ORD 515 WEB UPDATE 06/30/2022 102140 $131.25 TOTAL CITY CLERK $4,038.98
1005200 - CITY MANAGER
US BANK GW-WORKING LUNCH 06/30/2022 102136 $193.15
US BANK AU-LUNCH MEETING GW 06/30/2022 102136 $22.08
US BANK AU-FLOWERS JUDY 06/30/2022 102136 $29.08
US BANK AU-EE APPRIECATION 06/30/2022 102137 $11.98
US BANK GW-CCMA RETREAT 06/30/2022 102136 $278.64
US BANK KM-LABELS FOR BOXES 06/30/2022 102136 $27.80
US BANK KM-SURVEY MONKEY 06/30/2022 102136 $384.00
US BANK DK-COUNCIL DROPBOX 06/30/2022 102136 $119.88
US BANK DK-CLIMATE CHANGE WEBINAR 06/30/2022 102136 $75.00 US BANK KM-DAVID ZITO GIFT 06/30/2022 102136 $22.08
KEYSER MARSTON ASSOCIATES, INC MAY-PROF SERVICE 06/17/2022 102056 $2,910.00 EMANUELS JONES AND ASSOCIATES JUN-PROF SERVICE 06/17/2022 102052 $2,500.00 TOTAL CITY MANAGER $6,573.69
1005250 - LEGAL SERVICES
HOGAN LAW APC GENERAL LEGAL-OCT 06/23/2022 102084 $227.50 NOSSAMAN LLP APR 22-PROF SERVICE 06/17/2022 102059 $945.00 PILLSBURY WINTHROP SHAW PITTMAN LLP JAN 22-PROF SERVICE 06/17/2022 102062 $930.00 NATIONAL DEMOGRAPHICS, INC MAY-PROFFESIONAL SERVICE 06/17/2022 102058 $20,750.00 BURKE WILLIAMS & SORENSEN 96-0001 PROFESSIONAL SERVICES APRIL 06/17/2022 102040 $9,860.00 BURKE WILLIAMS & SORENSEN 96-0006 PROFESSIONAL SERVICES APRIL 06/17/2022 102040 $782.00 BURKE WILLIAMS & SORENSEN 96-0014 PROFESSIONAL SERVICES APRIL 06/17/2022 102040 $1,237.50 BURKE WILLIAMS & SORENSEN 96-0019 PROFESSIONAL SERVICES APRIL 06/17/2022 102040 $40.00 BURKE WILLIAMS & SORENSEN 96-0023.001 PROFESSIONAL SERVICES APRIL 06/17/2022 102040 $345.00 BURKE WILLIAMS & SORENSEN 96-0027 PROFESSIONAL SERVICES APRIL 06/17/2022 102040 $500.00 BURKE WILLIAMS & SORENSEN 96-0030 PROFESSIONAL SERVICES APRIL 06/17/2022 102040 $240.00 BURKE WILLIAMS & SORENSEN 96-0037.001 PROFESSIONAL SERVICES APRIL 06/17/2022 102040 $46.00 BURKE WILLIAMS & SORENSEN 96-0037.002 PROFESSIONAL SERVICES APRIL 06/17/2022 102040 $552.00 Page: 3 of 10
BURKE WILLIAMS & SORENSEN 96.0038 PROFESSIONAL SERVICES APRIL 06/17/2022 102040 $598.00 DIAMOND MMP, INC. COMMUNITY SURVEY PRINTING SVCS 06/30/2022 102153 $3,621.79 THE LEW EDWARDS GROUP MAY-PROF SERVICE 06/17/2022 102073 $6,000.00 THE LEW EDWARDS GROUP PROF SVC-APR 06/17/2022 102073 $6,000.00 TOTAL LEGAL SERVICES $52,674.79
1005300 - FINANCE
HDL-HINDERLITER, DE LLAMAS & ASSOC HDL QUARTERLY SERVICES CY21 Q4 06/17/2022 102055 $8,124.04 US BANK RS-JT BUDGET SEMINAR PT 2 06/30/2022 102136 $150.00 US BANK RS-FILING CABINET KEYS 06/30/2022 102137 $21.45 US BANK RS-FIN CNTR SUPPLIES 06/30/2022 102136 $40.07
US BANK RS-FIN CNTR SUPPLIES 06/30/2022 102137 $21.54
XEROX CORPORATION MAY-XEROX-CLERK 06/30/2022 102166 $124.05 HDL COREN & CONE APR-JUNE 22 CONTRACT SRVC PROPERTY TAX 06/30/2022 102148 $3,556.25 AMANDA SITHER SHIPPING COSTS -DATATICKET DEPOSIT SLIPS 06/23/2022 102077 $9.90 CENTRAL SQUARE FY 21/22 ANNUAL MAINT 06/17/2022 102043 $8,015.05 THE ARTINA GROUP AP CHECKS 06/23/2022 102092 $469.21
KFORCE INC. FINANCE TEMP-05/19/22 06/17/2022 9000516 $929.92 KFORCE INC. FINANCE TEMP-05/26/22 06/17/2022 9000516 $827.20 TOTAL FINANCE $22,288.68
1005350 - SUPPORT SERVICES
STAPLES CONTRACT & COMMERCIAL PAPER/TISSUES/DISINFECTANT WIPES 06/30/2022 102160 $369.23 US BANK KM-LOBBY CHAIRS 06/30/2022 102136 $861.98
US BANK KM-LOBBY RENO SUPPLIES 06/30/2022 102136 $33.36 US BANK KM-LOBBY RENO COFFEE TABLE 06/30/2022 102136 $123.90 XEROX CORPORATION MAY-XEROX-CLERK 06/30/2022 102166 $271.68 XEROX CORPORATION MAY-XEROX-PLANNING 06/30/2022 102166 $123.18 XEROX CORPORATION MAY-XEROX-PLANNING 06/30/2022 102166 $546.78 XEROX CORPORATION MAY-XEROX-UPSTAIRS 06/30/2022 102166 $130.89 XEROX CORPORATION MAY-XEROX-UPSTAIRS 06/30/2022 102166 $298.25 XEROX CORPORATION MAY-XEROX-FIERY 06/30/2022 102166 $132.61 XEROX CORPORATION MAY-XEROX-FIERY 06/30/2022 102166 $132.61 XEROX CORPORATION MAY-XEROX-FIERY 06/30/2022 102166 $122.84 TOTAL SUPPORT SERVICES $3,147.31
1005400 - HUMAN RESOURCES
SHARP REES-STEALY MEDICAL CTRS INC PRE-EMPLOYMENT SCREENING 06/17/2022 102070 $2,239.00 US BANK PS-PROF ADMIN DAY 06/30/2022 102136 $512.87
US BANK PS-RECURITING 06/30/2022 102136 $204.11
US BANK PS-STAR WARD DELMER 06/30/2022 102136 $60.07
US BANK MM-USB-C CHARGERS 06/30/2022 102136 $162.51
US BANK PS-EE BINDERS-FIRE/NEW HIRE 06/30/2022 102136 $210.06 US BANK PS-NZ FIRE ENG TESTING 06/30/2022 102136 $495.85 PRIMO INVESTIGATIONS BACKGROUND CHECK-FIN 06/17/2022 102064 $300.00 COASTAL LIVE SCAN AND INSURANCE 05/31/22-LIVESCAN FINGERPRINT 06/17/2022 102045 $475.00 GRACE DRISCOLL LIVESCAN-DRISCOLL, G 06/17/2022 102054 $28.00 ELIZABETH DRISCOLL LIVESCAN-DRISCOLL, E 06/17/2022 102051 $28.00 TOTAL HUMAN RESOURCES $4,715.47
1005450 - INFORMATION SERVICES
Page: 4 of 10
US BANK MM-SOLID STATE DRIVE/PWR CRD 06/30/2022 102136 $146.52 US BANK MM-SOLID STATE DRIVE/MEMORY 06/30/2022 102136 $775.77 US BANK DK-HOSTING DOMAINS 06/30/2022 102137 $9.95
US BANK DK-CONSTANT CONTACT 06/30/2022 102136 $55.00
US BANK AT&T- LC INTERNET APRIL 06/30/2022 102136 $64.20 US BANK MM-APPLE LIGHTING HDMI CABLE 06/30/2022 102137 $14.00 US BANK MM-ETHERNET COUPLER 06/30/2022 102136 $51.60
US BANK MM-HARDWARE FIN CNTR 06/30/2022 102136 $40.28
US BANK MM-HARDWARE FIN CNTR 06/30/2022 102137 $10.76
US BANK MM-IT SUPPLIES 06/30/2022 102136 $32.31
US BANK MM-BULLETIN BOARD 06/30/2022 102136 $28.05
US BANK MM-LAPTOP CHARGERS CHAMBERS 06/30/2022 102136 $197.05 US BANK MM-DIGITAL SIGNED FIRMWARE 06/30/2022 102136 $234.90 US BANK MM-HDMI SWITCH 06/30/2022 102136 $30.14
US BANK MM-LABEL MAKER 06/30/2022 102136 $148.67
US BANK MM-HDMI CABLE 06/30/2022 102137 $20.46
US BANK MM-MEMORY UPGRADE 06/30/2022 102136 $174.54
US BANK MM-DIGITAL CERT FOR WEBSITE 06/30/2022 102136 $1,611.20 US BANK MM-SOLID STATE DRIVE 06/30/2022 102136 $379.27
US BANK MM-HARDWARE SUPPLIES 06/30/2022 102136 $54.66
US BANK MM-POWER STRIP/DISPLAY PORT 06/30/2022 102136 $150.78 US BANK DK-HOSTING DOMAINS 06/30/2022 102137 $9.95
US BANK DK-CONSTANT CONTACT 06/30/2022 102136 $55.00
US BANK AT&T LC-FEB 22 06/30/2022 102136 $64.20
US BANK DK-HOSTING DOMAINS 06/30/2022 102137 $9.95
US BANK DK-CONSTANT CONTACT 06/30/2022 102136 $55.00
US BANK MM-E-WASTE 06/30/2022 102136 $409.55
US BANK MM-SINGLE INCIDENT SUPPORT 06/30/2022 102136 $258.24 US BANK MM-BATTERY BACKUP 06/30/2022 102136 $1,041.13
US BANK MM-POWERCORDS 06/30/2022 102136 $61.62
BOB HOFFMAN VIDEO PRODUCTIONS 07/14/21-05/24/22-COUNCIL MEETING 06/17/2022 102038 $19,278.00 BOB HOFFMAN VIDEO PRODUCTIONS 05/12/21-05/26/21-COUNCIL MEETING 06/17/2022 102038 $1,470.00 TOTAL INFORMATION SERVICES $26,942.75
1005550 - PLANNING
UT SAN DIEGO - NRTH COUNTY MOD22-003/4250 NORTH LN 06/23/2022 102093 $329.49 OFFICE DEPOT INC TISSUES 06/23/2022 102088 $57.10
OFFICE DEPOT INC CLOROX WIPES/RUBBERBANDS/NOTE PAD 06/23/2022 102088 $24.41 OFFICE DEPOT INC TWOSIDED NAME PLATE 06/23/2022 102088 $196.08 CENTRAL SQUARE FY 21/22 SUBSCRIPTION FEE 06/17/2022 102043 $24,736.08 TOTAL PLANNING $25,343.16
1005560 - BUILDING SERVICES
OFFICE DEPOT INC CLOROX WIPES/RUBBERBANDS/NOTE PAD 06/23/2022 102088 $0.91 ESGIL CORPORATION APR 22-BUILDING 06/17/2022 102053 $13,374.30 ESGIL CORPORATION EsGil-MAY 2022 06/23/2022 102082 $21,599.64 TOTAL BUILDING SERVICES $34,974.85
1005590 - PARKING ENFORCEMENT
US BANK DW-UNIFORMS 06/30/2022 102136 $100.86
Page: 5 of 10
US BANK DW-AUTO FUEL 06/30/2022 102136 $73.72
US BANK JL-BUSINESS CARDS - WELTE/CANSECO 06/30/2022 102136 $59.24 DATATICKET INC. MAY 22-PARKING TICKET ADMIN 06/30/2022 102143 $817.72 TOTAL PARKING ENFORCEMENT $1,051.54
1006120 - FIRE DEPARTMENT
US BANK JM-INK CARTIRIDGE 06/30/2022 102136 $63.18
US BANK JM-VACUUM 06/30/2022 102136 $107.74
US BANK JM-TOWEL DISPENSER KEYS 06/30/2022 102137 $11.04 US BANK JM-CLEANING SUPPLIES 06/30/2022 102136 $478.10
US BANK MS-BASIN ARSON TRAINING 06/30/2022 102136 $350.00 US BANK MH-CA FLAG 06/30/2022 102136 $107.52
US BANK MH-WIPER BLADES 06/30/2022 102136 $36.62
US BANK JM-SIGN HOLDER/SOAP/DETERGENT 06/30/2022 102136 $199.62 US BANK EP-GYM EQUIPMENT 06/30/2022 102136 $25.29
US BANK MH-FUSE/FUSE HOLDER 06/30/2022 102136 $27.97
US BANK MH-SMALL TOOLS 06/30/2022 102136 $432.97
US BANK MH-CRIMPING TOOL 06/30/2022 102136 $26.93
US BANK MH-LABEL MAKER TAPE 06/30/2022 102136 $40.49
US BANK MS-BASIN CA CONV OF ARSON INVEST 06/30/2022 102136 $350.00 CULLIGAN OF SAN DIEGO JUN-JUL-WATER PURIFIER 06/17/2022 102046 $91.60 TARGET SOLUTIONS INC FY23-PRMR MEMEBERSHIP 06/17/2022 102072 $1,483.20 ACE UNIFORMS & ACCESSORIES TOTH-PANTS/MODERN FIREFIGHTER 06/17/2022 102033 $642.97 VERIZON WIRELESS-SD VERIZON-04/29-05/29 962428212-00001 06/17/2022 102074 $560.96 VERIZON WIRELESS-SD VERIZON-03/29-04/28-962428212-00001 06/17/2022 102074 $586.89 REGIONAL COMMS SYS, MS 056 - RCS MAY-CAP CODE 06/17/2022 102066 $32.50 WESTERN EXTRICATION SPECIALISTS INC REPAIR/SRVC-DPU30 HYDRAULIC TANK HOSE 06/17/2022 102075 $171.55 L. N. CURTIS & SONS INC CARABINERS/CORDS/PULLEY 06/30/2022 102151 $1,266.78 CROSS CONNECTIONS EMERGENCY SERVICES, ANTENA/SPEAKER MIC 06/23/2022 102078 $647.51 CROSS CONNECTIONS EMERGENCY SERVICES, RADIO/HEAD PACKAGE/MOUNT 06/23/2022 102078 $1,427.95 TOTAL FIRE DEPARTMENT $9,169.38
1006130 - ANIMAL CONTROL
HABITAT PROTECTION, INC DEAD ANIMAL RMVL-JUNE 06/17/2022 102061 $145.00 HABITAT PROTECTION, INC JUN-DEAD ANIMAL REMOVAL 06/30/2022 102157 $145.00 HABITAT PROTECTION, INC JUN-DEAD ANIMAL REMOVAL 06/30/2022 102157 $145.00 SAN DIEGO HUMANE SOCIETY & S.P.C.A. MAY 22-SD HUMANE 06/17/2022 102067 $7,228.00 SAN DIEGO HUMANE SOCIETY & S.P.C.A. JUN 22-SD HUMANE 06/17/2022 102067 $7,228.00 TOTAL ANIMAL CONTROL $14,891.00
1006150 - CIVIL DEFENSE
AT&T CALNET 3 02/24-03/23/22-9391012275 06/30/2022 102135 $167.08 AT&T CALNET 3 03/24-04/23/22-9391012275 06/30/2022 102135 $167.08 AT&T CALNET 3 04/24-05/23/22-9391012275 06/30/2022 102135 $167.08 TOTAL CIVIL DEFENSE $501.24
1006170 - MARINE SAFETY
US BANK EM-EMR INSTRUCTOR CLASS 06/30/2022 102136 $78.00 US BANK EM-LG UNIFORM HATS 06/30/2022 102136 $920.13
US BANK EM-AUTO SUPPLIES 06/30/2022 102137 $16.15
US BANK JP-DIVE RESCUE RECERT 06/30/2022 102137 $20.00
Page: 6 of 10
US BANK JP-TOLL CHARGES 06/30/2022 102137 $8.82
US BANK JP-MINOR TOOLS 06/30/2022 102136 $57.05
US BANK JP- HQ SUPPLIES 06/30/2022 102137 $21.54
US BANK JP -HQ SUPPLIES 06/30/2022 102136 $42.97
US BANK JP-EMT CONTINUING EDU 06/30/2022 102136 $71.59
US BANK GU-STATION AND TOWER KEYS 06/30/2022 102136 $105.06 US BANK GU-DEPARTMENT AWARD 06/30/2022 102136 $34.48
US BANK RM-BINOCULAR REPAIR 06/30/2022 102136 $262.06
US BANK RM-DRYER REPAIR 06/30/2022 102136 $390.00
US BANK RM-UTV REPAIR 06/30/2022 102136 $323.10
US BANK JS-OUTBOARD MOTOR MOUNT 06/30/2022 102136 $271.52 US BANK GU-WOMENS SWIM SUITS 06/30/2022 102136 $438.12
CULLIGAN OF SAN DIEGO MAY-DRINKING WATER 06/17/2022 102047 $49.83 CULLIGAN OF SAN DIEGO CULLIGAN WATER COOLER-JUNE 06/17/2022 102047 $49.83 VERIZON WIRELESS-SD VERIZON-04/29-05/29 962428212-00001 06/17/2022 102074 $152.04 VERIZON WIRELESS-SD VERIZON-03/29-04/28-962428212-00001 06/17/2022 102074 $152.04 TOTAL MARINE SAFETY $3,464.33
1006510 - ENGINEERING
DEL MAR BLUE PRINT COMPANY, INC. GLENMONT PARK PLANS 06/17/2022 102049 $11.96 US BANK DG-AWPA LUNCH 06/30/2022 102136 $65.00
US BANK DG-CA BOARD OF PROF ENG 06/30/2022 102136 $180.00 VERIZON WIRELESS-SD CELL PHONE SERVICES FOR PW/ENGINEERING 06/23/2022 102094 $47.44 VERIZON WIRELESS-SD PW CELL PHONE 06/23/2022 102094 $22.43 STATE CONTROLLER'S OFFICE 01/01/21-12/31/21 FTB OFFSET REPORTS 06/30/2022 102161 $11.99 TOTAL ENGINEERING $338.82
1006520 - ENVIRONMENTAL SERVICES
AFFORDABLE PIPELINE SERVICES INC DRAIN CLEANING-R 06/17/2022 102034 $425.00 MIKHAIL OGAWA ENGINEERING ASSISTANCE MANAGING STORM WATER PROGRAM 06/23/2022 102086 $11,904.11 VERIZON WIRELESS-SD CELL PHONE SERVICES FOR PW/ENGINEERING 06/23/2022 102094 $47.42 CLEAN EARTH ENVIROMENTAL SOLUTIONS OCT 21-HHW 06/30/2022 102139 $871.02 TOTAL ENVIRONMENTAL SERVICES $13,247.55
1006530 - STREET MAINTENANCE
DIXIELINE LUMBER CO INC SCREWDRIVER/HARDWARE 06/17/2022 102050 $31.73 DIXIELINE LUMBER CO INC BLACK TOP PATCH 06/30/2022 102144 $134.58 VERIZON WIRELESS-SD CELL PHONE SERVICES FOR PW/ENGINEERING 06/23/2022 102094 $47.42 TRAFFIC SUPPLY, INC SIGN/POSTS 06/30/2022 102163 $261.21 TOTAL STREET MAINTENANCE $474.94
1006540 - TRAFFIC SAFETY
VERIZON WIRELESS-SD CELL PHONE SERVICES FOR PW/ENGINEERING 06/23/2022 102094 $33.87 ALL CITY MANAGEMENT SERVICES, INC 05/15/22-05/28/22-CROSSING GUARDS 06/30/2022 9000523 $3,635.80 YUNEX LLC MAY-TRAFFIC SIGNAL MAINT 06/30/2022 102167 $1,120.00 YUNEX LLC MAY-TRAFFIC SIGNAL CALL OUT 06/30/2022 102167 $3,966.65 TOTAL TRAFFIC SAFETY $8,756.32
1006550 - STREET CLEANING
PRIDE INDUSTRIES TRASH ABATEMENT SERVICES 06/17/2022 102063 $1,320.48 TOTAL STREET CLEANING $1,320.48
1006560 - PARK MAINTENANCE
Page: 7 of 10

RANCHO SANTA FE SECURITY SYS INC SECURITY PATROL, RESTROOM LOCKUP, ALARM

MONITORING
06/23/2022 102089 $633.58
DIXIELINE LUMBER CO INC LUMBER 06/17/2022 102050 $132.24 DIXIELINE LUMBER CO INC STAKES/INKZALL MARKER 06/23/2022 102081 $23.17 DIXIELINE LUMBER CO INC PTOUCH ULTRA COVER RUST 06/23/2022 102081 $6.78 DIXIELINE LUMBER CO INC BUNGEE CORD/TRASH CAN 06/23/2022 102081 $171.20 NAPA AUTO PARTS INC TROLLEY JACK 06/17/2022 102057 $43.09 VERIZON WIRELESS-SD CELL PHONE SERVICES FOR PW/ENGINEERING 06/23/2022 102094 $67.75 NISSHO OF CALIFORNIA CITY-WIDE LANDSCAPE MAINTENANCE SERVICES 06/23/2022 102087 $1,400.00 STANDARD PLUMBING SUPPLY COMPANY FLUSH VLV 06/17/2022 102071 $175.08 STANDARD PLUMBING SUPPLY COMPANY FCP SHOWER 06/30/2022 102159 $712.98 TOTAL PARK MAINTENANCE $3,365.87
1006570 - PUBLIC FACILITIES
SEASIDE HEATING & AIR CONDITIONING HVAC-FIRE 06/17/2022 102068 $365.00 BAKER IRON WORKS INC PW SHED MAINT 06/17/2022 102037 $350.00 DIXIELINE LUMBER CO INC BOX/COVER/CNNCTR 06/17/2022 102050 $33.69 DIXIELINE LUMBER CO INC URINAL/SEALANT/KEY 06/17/2022 102050 $50.97 DIXIELINE LUMBER CO INC GLOVES/SUPPLIES 06/17/2022 102050 $61.98 DIXIELINE LUMBER CO INC WORK SWITCH/DECORITIVE PLATE 06/23/2022 102081 $15.68 DIXIELINE LUMBER CO INC TIE DOWNS/LUMBER 06/30/2022 102144 $51.85 DIXIELINE LUMBER CO INC PVC P TRAP PIPE 06/30/2022 102144 $23.23 UT SAN DIEGO - NRTH COUNTY BID-2022-05/HVAC PREVENTATIVE MAINT 06/23/2022 102093 $534.36 24 HOUR ELEVATOR, INC PROF SVC-JUN 06/17/2022 102031 $159.40 24 HOUR ELEVATOR, INC PROF SVC-JUN 06/17/2022 102031 $17.00 CINTAS CORPORATION NO. 2 MED CABINET-PUBLIC WORKS 06/17/2022 102044 $53.75 STANDARD PLUMBING SUPPLY COMPANY REPLACEMENT URINAL FOR LA COLONIA CC-FREIGHT 06/17/2022 102071 $150.00 STANDARD PLUMBING SUPPLY COMPANY BRANCH NUT 06/23/2022 102091 $23.71 CALIFORNIA OFFICE CLEANING, INC JANITORIAL/CUSTODIAL SVC-MAY 06/17/2022 102041 $7,410.00 WEST COAST ARBORISTS, INC. CITY-WIDE TREE MAINTENANCE SERVICES 06/23/2022 102095 $980.00 READY REFRESH BY NESTLE DRINKING WATER-CH-MAY 06/17/2022 102065 $255.04 READY REFRESH BY NESTLE DRINKING WATER-PW-MAY 06/17/2022 102065 $54.76 READY REFRESH BY NESTLE DRINKING WATER FOR CITY FACILITIES 06/23/2022 102090 $96.62 PRIDE INDUSTRIES TRASH ABATEMENT SERVICES 06/17/2022 102063 $1,320.48 CROWD CONTROL WAREHOUSE LLC RETRACTABLE BARRIERS FOR FCCC 06/23/2022 102079 $3,698.08 TOTAL PUBLIC FACILITIES $15,705.60
1007110 - GF-RECREATION
ABLE PATROL & GUARD, INC MAY-FCCC SECURITY 06/17/2022 102032 $412.50 CALIFORNIA OFFICE CLEANING, INC MAY-SPECIAL EVENT CLEANING 06/17/2022 102041 $270.00 TOTAL GF-RECREATION $682.50
1205460 - SELF INSURANCE RETENTION
US BANK MM-PHONE SYSTEM EQUIPMENT 06/30/2022 102136 $158.04 US BANK MM-STANDING DESK 06/30/2022 102136 $269.27
SECTRAN SECURITY INC JUN 22-COURIER SVC/FUEL 06/30/2022 102158 $124.70 SECTRAN SECURITY INC JUN 22-COURIER SVC/FUEL 06/30/2022 102158 $34.86 EBIX INC. FEB 22-APR 22 QTRLY FEE 06/30/2022 9000524 $552.46 BURKE WILLIAMS & SORENSEN 96-0040.001 CLM.2203 PROFESSIONAL SERVICES APRIL 06/17/2022 102040 $7,302.67 TOTAL SELF INSURANCE RETENTION $8,442.00
Page: 8 of 10
1355300 - ASSET REPLACEMENT-FINANCE
TYLER TECHNOLOGIES, INC. MAY-IMPLEMENTATION 06/30/2022 102164 $1,920.00 TOTAL ASSET REPLACEMENT-FINANCE $1,920.00
1355450 - ASSET REPLACEMENT-INFO SYS
US BANK MM-FIN CNTR MONITOR 06/30/2022 102136 $570.73
US BANK MM-TOUCH SCREEN MONITOR 06/30/2022 102136 $312.46 US BANK MM-COUNCIL MONITOR 06/30/2022 102136 $263.59
TOTAL ASSET REPLACEMENT-INFO SYS $1,146.78
2026510 - GAS TAX-ENGINEERING
PAL GENERAL ENGINEERING INC FY 21-22 PAVEMENT MAINTENANCE & REPAIRS

PROJECT
06/30/2022 102155 $170,000.00
TOTAL GAS TAX-ENGINEERING $170,000.00
2117600 - STREET LIGHTING DISTRICT
VERIZON WIRELESS-SD CELL PHONE SERVICES FOR PW/ENGINEERING 06/23/2022 102094 $13.55 TOTAL STREET LIGHTING DISTRICT $13.55
2135550 - DEVELOPER PASS-THRU- PLANNING
PAMELA ELLIOTT LANDSCAPE ARCHITECT PROFESSIONAL SERVICES MAY 22 06/17/2022 9000517 $300.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT PROFESSIONAL SERVICES MAY 22 06/17/2022 9000517 $300.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT PROFESSIONAL SERVICES MAY 22 06/17/2022 9000517 $450.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT PROFESSIONAL SERVICES MAY 22 06/17/2022 9000517 $350.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT PROFESSIONAL SERVICES MAY 22 06/17/2022 9000517 $450.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT PROFESSIONAL SERVICES MAY 22 06/17/2022 9000517 $450.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT PROFESSIONAL SERVICES MAY 22 06/17/2022 9000517 $450.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT PROFESSIONAL SERVICES MAY 22 06/17/2022 9000517 $300.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT PROFESSIONAL SERVICES MAY 22 06/17/2022 9000517 $300.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT PROFESSIONAL SERVICES MAY 22 06/17/2022 9000517 $350.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT PROFESSIONAL SERVICES MAY 22 06/17/2022 9000517 $300.00 TELECOM LAW FIRM DUP21-002 THIRD PARTY WIRELESS REVIEW 06/30/2022 102162 $2,350.00 TELECOM LAW FIRM DUP21-004 THIRD PARTY WIRELESS REVIEW 06/30/2022 102162 $2,350.00 TELECOM LAW FIRM DUP21-003 THIRD PARTY WIRELESS REVIEW 06/30/2022 102162 $2,350.00 CTE, INC GEOTECHNICAL REVIEW FOR SEASCAPE STAIRS 06/30/2022 102142 $2,250.00 TOTAL DEVELOPER PASS-THRU- PLANNING $13,300.00
2286510 - TRANSNET EXTENSION-CIP
PAL GENERAL ENGINEERING INC FY 21-22 PAVEMENT MAINTENANCE & REPAIRS

PROJECT
06/30/2022 102155 $38,000.00
TOTAL TRANSNET EXTENSION-CIP $38,000.00
2476510 - SB1 STREETS & ROADS
PAL GENERAL ENGINEERING INC FY 21-22 PAVEMENT MAINTENANCE & REPAIRS

PROJECT
06/30/2022 102155 $139,678.86
TOTAL SB1 STREETS & ROADS $139,678.86
2505570 - COASTAL BUSINESS/VISITORS
SAM CASTELLANO 06/23 & 30-CONCERT @ THE COVE 06/17/2022 102042 $750.00 ALANA GODOY CONCERTS ON THE COVE-063022 06/17/2022 102035 $150.00 BRIAN WITKIN CONCERTS ON THE COVE-063022 06/17/2022 102039 $300.00 SERGIO VILLEGAS CONCERTS ON THE COVE-062322 06/17/2022 102069 $300.00 TOTAL COASTAL BUSINESS/VISITORS $1,500.00
2556180 - CAMP PROGRAMS
Page: 9 of 10
US BANK JP-JG PROMO STICKERS 06/30/2022 102136 $334.03
US BANK JP-JG OFFICE SUPPLIES 06/30/2022 102136 $152.41 US BANK RM-JG TRAILER RENTAL 06/30/2022 102136 $322.27
ORIGINAL WATERMEN, INC JR GRD-BOARDSHORTS 06/17/2022 102060 $433.69 ORIGINAL WATERMEN, INC JR GRD-SUPPLIES 06/17/2022 102060 $770.40 ORIGINAL WATERMEN, INC JG UNIFORMS 06/30/2022 102154 $721.93 ACTION SPORT CANOPIES TABLE COVER 06/30/2022 102132 $211.34 TOTAL CAMP PROGRAMS $2,946.07
2706120 - PUBLIC SAFETY- FIRE
US BANK JG-EMS TRAUMA BAG 06/30/2022 102136 $419.42
VERIZON WIRELESS-SD VERIZON-04/29-05/29 962428212-00001 06/17/2022 102074 $114.03 VERIZON WIRELESS-SD VERIZON-03/29-04/28-962428212-00001 06/17/2022 102074 $114.03 AMR CSA-17 NITRO SPRAY 06/17/2022 102036 $475.44
AMR CSA-17 EPINEPHRINE/GAUZE/NARCAN 06/17/2022 102036 $469.23 AMR CSA-17 S10 IV 250ML 06/17/2022 102036 $17.75
AMR AUTOPULSE SHOULDER RESTRAINT 06/17/2022 102036 $61.31 TOTAL PUBLIC SAFETY- FIRE $1,671.21
2706170 - PUBLIC SAFETY- MARINE SAFETY
US BANK GU-MEDICAL SUPPLIES 06/30/2022 102136 $36.14
TOTAL PUBLIC SAFETY- MARINE SAFETY $36.14
4506190 - SAND REPLNSHMNT/RETENTION
SUMMIT ENVIROMENTAL GROUP, INC. MAY 22-9926 PROF SVC SND 06/17/2022 9000519 $4,398.00 TOTAL SAND REPLNSHMNT/RETENTION $4,398.00
4506510 - SANDREPLNSHMNT/RETNTN-CIP
DOMUSSTUDIO ARCHITECTURE MAY 22-9449 MS CENTR 06/30/2022 102145 $3,450.00 TOTAL SANDREPLNSHMNT/RETNTN-CIP $3,450.00
459 - MISC. CAPITAL PROJECTS
PAL GENERAL ENGINEERING INC FY21-22 PAVEMENT MAINT RETENTION 06/30/2022 102155 ($19,179.49) TOTAL MISC. CAPITAL PROJECTS ($19,179.49)
4596510 - MISC.CAPITALPROJECTS-ENG
PAL GENERAL ENGINEERING INC FY 21-22 PAVEMENT MAINTENANCE & REPAIRS

PROJECT
06/30/2022 102155 $35,910.89
NISSHO OF CALIFORNIA 9530 TREE PLANTING 06/23/2022 102087 $914.32 NISSHO OF CALIFORNIA 9530 TREE PLANTING 06/23/2022 102087 $1,811.22 TOTAL MISC.CAPITALPROJECTS-ENG $38,636.43
5097700 - SANITATION

AFFORDABLE PIPELINE SERVICES INC SEWER-STORM DRAIN MAINT AND VIDEO

INSPECTIONS
06/23/2022 102076 $1,150.00

AFFORDABLE PIPELINE SERVICES INC SEWER-STORM DRAIN MAINT AND VIDEO

INSPECTIONS
06/23/2022 102076 $425.00
AFFORDABLE PIPELINE SERVICES INC PREVENT-SEWER CLEANING 06/30/2022 102133 $425.00 VERIZON WIRELESS-SD CELL PHONE SERVICES FOR PW/ENGINEERING 06/23/2022 102094 $13.55 TOTAL SANITATION $2,013.55
5507750 - SOLANA ENERGY ALLIANCE
US BANK DK-SEA WEB HOSTING 06/30/2022 102136 $215.88
BURKE WILLIAMS & SORENSEN 96-0021 PROFESSIONAL SERVICES APRIL 06/17/2022 102040 $980.00 TOTAL SOLANA ENERGY ALLIANCE $1,195.88
Page: 10 of 10
6527820 - SUCCESSOR AGENCY
BURKE WILLIAMS & SORENSEN 97-0003 PROFESSIONAL SERVICES APRIL 06/17/2022 102040 $40.00 BURKE WILLIAMS & SORENSEN RETAINER PROFESSIONAL SERVICES APRIL 06/17/2022 102040 $11,250.00 TOTAL SUCCESSOR AGENCY $11,290.00
6718510 - BARBARA UNDERGROUNDING-DS
WILLDAN APR-JUN 22-RVN BOND-BARB/PACIFIC/MARSOLAN 06/30/2022 102165 $284.66 TOTAL BARBARA UNDERGROUNDING-DS $284.66
6728520 - PACIFIC UNDERGROUNDING-DS
WILLDAN APR-JUN 22-RVN BOND-BARB/PACIFIC/MARSOLAN 06/30/2022 102165 $260.22 TOTAL PACIFIC UNDERGROUNDING-DS $260.22
6738530 - MARSOLAN UNDERGROUNDNG-DS
WILLDAN APR-JUN 22-RVN BOND-BARB/PACIFIC/MARSOLAN 06/30/2022 102165 $258.03 TOTAL MARSOLAN UNDERGROUNDNG-DS $258.03
REPORT TOTAL: $824,624.14
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: July 13, 2022
ORIGINATING DEPT: Finance
SUBJECT: Report on Changes Made to the General Fund Adopted Budget for Fiscal Year 2022-23
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 June 22, 2022.

DISCUSSION:

The following table 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.

Date A ction
0612312021 Reso 2021~0,92
07/1412021 Reso 2021 ~0,97
0411312022 Reso 2022~034
0610'812022 Reso 2022~0'41
0610'812022 Reso 2022~065
0612212022 Reso 2022~082

GENERAL PUND - ADOPTED BUDGET PLUS CHANGES
As of June 22, 2022
General Fund Operations
Description
Ad.opted Bu cfg;et

MS MO U
Keyser Marston
On~Ca.11 Repair Sv cs
Jl a.n iloriaJ
FY23 Bu cfg;et Upd!at e
Tr,ans fers
R,evenues E::,:;pend'ilures fm m GF Net SurpJus
22, 148,l85 (20,867,260) (482,500) S 798,625
1,965,100
(11 ,570) 787,0,55
(15,000)
(30,000)
(20,000)
(2,032,680)
772,0,55
742,0,55
722,0,55
654,475
July 13, 2022
General Fund Budget Changes - FY 2023

Page 2 of 2 ends

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 2022-2023 General Fund Adopted Budget.

CITY MANAGER’S RECOMMENDATION:

Approve Department Recommendation
_________________________________
Gregory Wade, City Manager
COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # A.5.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: July 13, 2022
ORIGINATING DEPT: Public Works/Engineering Department
SUBJECT: City Council Consideration of Resolution 2022-091 Awarding a Professional Services Agreement for Heating, Ventilation, and Air Conditioning Maintenance Services
and As-Needed Repairs with Seaside Heating and Air
BACKGROUND:

One element of the City’s facility maintenance responsibilities is maintenance and repairs of the Heating, Ventilation, and Air Conditioning (HVAC) systems for City Hall, the Fire Station, La Colonia Community Center, and Fletcher Cove Community Center. These services are provided by professional vendors hired by the Public Works Department through a competitive selection process. The agreement with the current service provider will soon expire and the City needs to hire a vendor for these services. A Request for Bid (RFB) for HVAC maintenance services and as-needed repairs was publicly advertised on May 12, 2022. Due to lack of interest, the same RFB was readvertised on June 9, 2022.

The City of Solana Beach received one bid proposal by the June 28, 2022, closing date.

This item is before the City Council for the consideration of Resolution 2022-091 (Attachment 1) to authorize the City Manager to enter into a Professional Services Agreement (PSA) with Seaside Heating and Air (Seaside) for maintenance services and as-needed repairs at an annual amount not-to-exceed $11,460 and extend the PSA with Seaside for four additional one-year terms at the City’s discretion.

DISCUSSION:

As part of the annual HVAC maintenance and as-needed repairs agreement, the vendor is required to perform routine quarterly maintenance at City Hall, La Colonia Community Center, Fletcher Cove Community Center, and the Fire Station. This maintenance includes routine inspections, changing filters, as-needed minor repairs, and replacement July 13, 2022
Award PSA with Seaside for HVAC Services

Page 2 of 4 ends

of HVAC units, when necessary. Seaside has performed preventative maintenance services and as-needed repairs at City facilities since 2012, City Staff has been satisfied with the work performed by Seaside during the past ten years.

The RFB included a request to replace two rooftop HVAC units and a central HVAC control system at City Hall. Seaside submitted a proposal for the replacement of two rooftop HVAC units and one central HVAC control system.

Two of the rooftop HVAC units at City Hall have exceeded their useful life. The HVAC units are approximately 15 years old, and the maintenance costs for these two units is making it cost prohibitive to keep in service much longer. The current HVAC central control system is approximately 10 years old. The software is no longer compatible with the City’s network, which makes it difficult for City Staff to access the existing HVAC control system.

For the replacement of the rooftop HVAC units at City Hall, and the HVAC central control system, Staff is recommending that the work be performed on a Friday when City Hall is closed to eliminate the inconvenience to Staff.

ROUTINE MAINTENANCE AND AS-NEEDED REPAIRS

ITEM DESCRIPTION AMOUNT
Routine Quarterly Maintenance: City
Hall, La Colonia Community Center,
Fletcher Cove Community Center, Fire
Station
$990 per quarter
(4 times per fiscal year)
SUB-TOTAL $3,960
As-Needed Repairs (per year) $7,500
TOTAL with As-Needed Repairs $11,460
FOR FISCAL YEAR 2022/23 ONLY

ITEM DESCRIPTION AMOUNT
Replace Two Rooftop HVAC Units (X2)
Option for Coastal Corrosion Protection Coating
on Entire Unit (X2)
$11,600 Each
$1,800 Each
SUB-TOTAL $26,800
HVAC Units Replacement - Contingency (10%) $2,680
TOTAL with Contingency $29,480
July 13, 2022
Award PSA with Seaside for HVAC Services

Page 3 of 4 ends

FOR FISCAL YEAR 2022/23 ONLY

ITEM DESCRIPTION AMOUNT
Replace Central Control System at City Hall $14,400
Central Control System Contingency - (10%) $1,440
TOTAL with Contingency Amount $15,840
CEQA COMPLIANCE STATEMENT:

All work covered by this agreement is exempt per Section 15301(a) of the State CEQA Guidelines pursuant to the California Environmental Quality Act.

FISCAL IMPACT:

The City Council is being asked to consider approval of a PSA with Seaside Heating and Air. The compensation under consideration is for routine quarterly maintenance and is $3,960 per year, and the recommended as-needed amount for repairs is $7,500 per year, for a total amount of $11,460 per year for routine maintenance services and unanticipated repairs. Adequate funding will be identified annually in the appropriate operating budget.

For Fiscal Year (FY) 2022/23, Council is being asked to consider approving the replacement of two HVAC rooftop units at City Hall and the HVAC central control system at City Hall. The compensation under consideration is $41,200. When a recommended contingency amount of $4,120 (10%) is added, the total amount is $45,320 for FY 2022/23 for the one-time replacements of the two HVAC units and the central control system at City Hall. After completion of this one-time work, complete construction costs will be reported to the City Council as part of filing the Notice of Completion.

The current FY 2022/23 budget has sufficient funding available for the HVAC services.

The budget has $45,000 included in the Facilities Maintenance budget unit for HVAC repair and maintenance services and $25,000 in the City Hall Deferred Maintenance project in the FY 2022/23 City Capital Improvement Program (CIP) fund. Since the HVAC rooftop units and control system are replacements, these expenses should be capitalized in the CIP fund. Staff is recommending a transfer of $21,000 from the General Fund Facilities budget unit to the City CIP fund to provide sufficient funding for the HVAC replacements. No new appropriations are needed at this time.

WORK PLAN:

This project was not mentioned in the FY 2022/23 Work Plan.

OPTIONS:
• Approve Staff recommendation.
• Approve Staff recommendation with alternative amendments/modifications.

July 13, 2022
Award PSA with Seaside for HVAC Services

Page 4 of 4 ends

• Provide direction/feedback
DEPARTMENT RECOMMENDATION:

Staff recommends the City Council adopt Resolution 2022-091:

1. Authorizing the City Manager to execute a Professional Services Agreement with Seaside Heating and Air in an amount of $3,960 per year for quarterly HVAC maintenance service, and $7,500 per year for unforeseen, as-needed repairs, for a total not to exceed amount of $11,460 per year for Fiscal Year 2022/23.

2. Authorizing the City Manager to extend the agreement up to four additional oneyear terms, at the City’s option, at an amount not to exceed the amount budgeted in each subsequent year.

3. Authorizing the City Manager to approve a one-time purchase and installation of two rooftop HVAC units at City Hall, in an amount of $26,800, and a 10% ($2,680) contingency amount for unforeseen repairs, for a total not to exceed amount of $29,480 for FY 2022/23.

4. Authorizing the City Manager to approve a one-time purchase and installation of a HVAC central control system for City Hall, in an amount of $14,400, and a 10% ($1,440) contingency amount for unforeseen repairs, for a total not to exceed amount of $15,840 for FY 2022/23.

5. Authorizing a transfer of $21,000 from the General Fund Facilities budget unit to the City CIP fund to provide sufficient funding for the HVAC replacements.

6. Authorizing the City Treasurer to amend the FY 2022/23 Adopted Budget accordingly.

CITY MANAGER’S RECOMMENDATION:

Approve Department Recommendation.
_________________________
Gregory Wade, City Manager
Attachments:

1. Resolution 2022-091
ATTACHMENT 1
RESOLUTION 2022-091

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SOLANA BEACH, CALIFORNIA, APPROVING A

PROFESSIONAL SERVICES AGREEMENT WITH

SEASIDE HEATING AND AIR CONDITIONING FOR
MAINTENANCE OF THE CITY’S HEATING, VENTILATION

AND AIR CONDITIONING SYSTEMS
WHEREAS, as part of the annual Heating, Ventilation and Air Conditioning (HVAC) maintenance agreement, the vendor is required to perform quarterly maintenance to HVAC units at City Hall, La Colonia Community Center, Fire Station, and the Fletcher Cove Community Center; and
WHEREAS, this maintenance includes routine inspections, changing filters, asneeded minor repairs, and replacements of the HVAC units; and WHEREAS, the Request for Bids (RFB) process provides a more efficient and effective method for hiring a HVAC maintenance contractor that would provide the higher level of service required; and
WHEREAS, the City issued a RFB for these professional services in May 2022 that was consistent with the City’s purchasing ordinance; and WHEREAS, the City received only one bid proposal in response to the posting of the RFB.

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.

2. That the City Council authorizes the City Manager to execute a Professional Services Agreement with Seaside Heating and Air in an amount of $3,960 per year for quarterly HVAC maintenance service, and $7,500 per year for unforeseen, as-needed repairs, for a total not-to-exceed amount of $11,460 per year for Fiscal Year 2022/23.

3. That the City Council authorizes the City Manager to extend the agreement for up to four additional one-year terms, at the City’s option, at an amount not-toexceed the amount budgeted in each subsequent year.

4. That the City Council authorizes the City Manager to approve a one-time purchase and installation of two rooftop HVAC units at City Hall, in an amount of Resolution 2022-091
PSA with Seaside for HVAC Services

Page 2 of 2 ends

$26,800, and a 10% ($2,680) contingency amount for unforeseen repairs, for a total not to exceed amount of $29,480 for FY 2022/23.

5. That the City Council authorizes the City Manager to approve a one-time purchase and installation of a HVAC central control system for City Hall, in an amount of $14,400, and a 10% ($1,440) contingency amount for unforeseen repairs, for a total not to exceed amount of $15,840 for FY 2022/23.

6. That the City Council authorizes a transfer of $21,000 from the General Fund Facilities budget unit to the City CIP fund to provide sufficient funding for the HVAC replacements.

7. That the City Council authorizes the City Treasurer to amend the FY 2022/23 Adopted Budget accordingly.

PASSED AND ADOPTED this 13th day of July, 2022, at a regular meeting of the City Council of the City of Solana Beach, California 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 # A.6.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: July 13, 2022
ORIGINATING DEPT: Engineering Department
SUBJECT: City Council Consideration of Resolution 2022-089 Accepting the Project as Complete and Authorizing the
City Clerk to File a Notice of Completion for the Americans with Disabilities Act (ADA) Pedestrian Ramps Project
BACKGROUND:

At the April 13, 2022 City Council meeting, the City Council awarded a construction contract for the ADA Pedestrian Ramps, Bid No. 2022-04, to Miramar General Engineering. This project is funded by the Fiscal Year (FY) 2021/22 Community Development Block Grant (CDBG) for construction of ADA pedestrian ramps at various public street intersections.

This item is before the City Council for the consideration of Resolution 2022-089 (Attachment 1) to report the final project costs, accept the project as complete and direct the City Clerk to file a Notice of Completion (NOC).

DISCUSSION:

Miramar General Engineering (Contractor) completed all work on this project in accordance with the approved plans and specifications of Bid No. 2022-04 to the satisfaction of the City Engineer. The City will release the retention, in the amount of $2,585, thirty-five (35) days after the Notice of Completion is approved by the City Council.

CEQA COMPLIANCE STATEMENT:

The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) of the State CEQA Guidelines.

July 13, 2022
ADA Pedestrian Ramps NOC

Page 2 of 2 ends

FISCAL IMPACT:

The project was completed within budget and at the original contract amount of $51,800.

There were no change orders issued during the construction of this project. The City Council had authorized an $8,000 construction contingency for unanticipated changes, but the contingency was not used. The contract is funded with a CDBG grant in the amount of $63,418. The City will request that unexpended CDBG funds be carried over to a future year.

WORK PLAN:

This project was not identified in the FY 2021/22 Work Plan.

OPTIONS:
• Adopt Staff recommendation.
• Deny Staff recommendation and provide direction.

DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council adopt Resolution 2022-089:

1. Authorizing the City Council to accept, as complete, the ADA Pedestrian Ramps, Bid No. 2022-04, constructed by Miramar General Engineering.

2. Authorizing the City Clerk to file a Notice of Completion.

CITY MANAGER’S RECOMMENDATION:

Approve Department Recommendation.
_________________________
Gregory Wade, City Manager
Attachments:

1. Resolution 2022-089
RESOLUTION 2022-089

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, ACCEPTING AS

COMPLETE THE AMERICANS WITH DISABILITIES ACT
(ADA) PEDESTRIAN RAMPS PROJECT, BID NO. 2022-04,

AND AUTHORIZING THE CITY CLERK TO FILE A NOTICE

OF COMPLETION
WHEREAS, the Americans with Disabilities Act (ADA) Pedestrian Ramps Project, funded by a Community Development Block Grant (CDBG), has been completed in accordance with the plans and specifications included as part of the construction contract with Miramar General Engineering to the satisfaction of the City Engineer.

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 City Council accepts as complete the ADA Pedestrian Ramps Project, Bid No. 2022-04, constructed by Miramar General Engineering.

3. That the City Council authorizes the City Clerk to file a Notice of Completion for the project.

PASSED AND ADOPTED this 13th day of July, 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 COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # A.7.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: July 13, 2022
ORIGINATING DEPT: City Manager Department/City Attorney’s Office SUBJECT: City Council Consideration and Potential Adoption of Resolution 2022-095 Authorizing Remote Teleconference
Meetings of the Legislative Bodies of the City for the Period of July 14, 2022 through August 13, 2022 Pursuant to the Brown Act and Continuing Emergency
BACKGROUND:

On March 11, 2020, the World Health Organization (WHO) declared COVID-19, the illness caused by the novel coronavirus, a pandemic, pointing at that time to over 118,000 cases of COVID-19 in over 110 countries and territories around the world and the sustained risk of further global spread. This was preceded by declarations of emergency by both the County of San Diego and State of California on February 14, 2020, and March 4, 2020, respectively, followed by a federal emergency declaration on March 13, 2020, as a result of the threat posed by COVID-19. On March 16, 2020, pursuant to Section

2.28.060(A)(1) of the Solana Beach Municipal Code (SBMC), the Director of Emergency Services/City Manager proclaimed a state of local emergency in the City of Solana Beach due to COVID-19, which was ratified by the City Council through adoption of Resolution 2020-036.

Since that time, there have been numerous Orders and Guidance by the California Department of Public Health (CDPH) and the Health Officer of the County of San Diego to curtail the spread of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order No. N-29-20, suspending the Ralph M. Brown Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified. Pursuant to Executive Order No. N-29-20, the July 13, 2022
Continued Emergency Teleconferencing

Page 2 of 5 ends

City Council and City Commissions have met by remote teleconferencing following applicable requirements, preserving and nurturing public access and participation in meetings while preserving public health and safety.

On June 11, 2021, Governor Newsom issued Executive Order N-08-21 to roll back certain provisions of his COVID-19-related Executive Orders and to clarify that other provisions remained necessary to help California respond to, recover from and mitigate the impacts of the COVID-19 pandemic. Paragraph 42 of Executive Order N-08-21 waived and set forth certain requirements related to public meetings of local legislative bodies and specified that it would be valid through September 30, 2021.

On September 16, 2021, Governor Newsom signed into law Assembly Bill 361 (AB 361), which pertains to the same subject matter as Paragraph 42 of Executive Order N-08-21, which took effect immediately pursuant to an urgency clause, and which amended the Brown Act, in Government Code section 54953(e)(1)(B), to allow local legislative bodies to continue meeting by teleconference during a gubernatorial proclaimed state of emergency if the local legislative body determines, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

On October 13, 2021, the City Council adopted Resolution 2021-120 authorizing remote teleconference meetings of the legislative bodies of the City for the period of October 13, 2021 through November 12, 2021 pursuant to the new provisions of the Brown Act. If the state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to remote teleconference, Government Code section 54953(e)(3) requires that every thirty (30) days, the City Council make certain findings by majority vote.

On November 10, 2021, the City Council adopted Resolution 2021-127 authorizing continued teleconference meetings of the legislative bodies of the City for the period of November 10, 2021 through December 10, 2021 pursuant to the new provisions of the Brown Act. On December 8, 2021, the City Council adopted Resolution 2021-137 authorizing continued teleconference meetings through January 7, 2022. On December 15, 2021, the City Council adopted Resolution 2021-141 authorizing continued teleconference meetings through January 14, 2022. On January 12, 2022, the City Council adopted Resolution 2022-008 authorizing continued teleconference meetings through February 11, 2022. On February 9, 2022, the City Council adopted Resolution 2022-015 authorizing continued teleconference meetings through March 12, 2022. On March 9, 2022, the City Council adopted Resolution 2022-023 authorizing continued teleconference meetings through April 8, 2022. On June 7, 2022, the City Council adopted Resolution 2022-072 authorizing teleconference meetings to resume through July 6, 2022. On June 22, 2022, the City Council adopted Resolution 2022-081 authorizing continued teleconference meetings through July 22, 2022.

This item before the City Council is to consider and adopt Resolution 2022-095 (Attachment 1) reconsidering the circumstances of the state of local emergency and July 13, 2022
Continued Emergency Teleconferencing

Page 3 of 5 ends

authorizing continued remote teleconference meetings of the legislative bodies of the City for the period of July 14, 2022 through August 13, 2022 pursuant to the provisions of the Brown Act and in light of the continuing direct impact on the ability of the members to meet safely in person.

DISCUSSION:

There has been a resurgence of COVID-19 cases and COVID-19 hospitalizations are up 44 percent in California as of May 31, 2022.1 According to a May 18, 2022 USA Today report, in a White House briefing, health officials said that COVID-19 infections continue to rise, driven by new and more infectious omicron subvariants, waning immunity from both vaccines and previous infections and fewer people masking up. 2 A rising tide of
omicron subvariants is in part behind the rise. There are now at least four omicron subvariants circulating in the United States. The newer strains are even more infectious than previous strains, adding to the increase in cases.3 On June 6, 2022, City Hall became an outbreak site under the California Department of Industrial Relations, Division of Occupational Safety and Health’s COVID-19 Prevention Emergency Temporary Standards. Those Emergency Temporary Standards were last updated on May 6, 2022 and impose an ongoing requirement on employers to assess workplace hazards and implement controls to prevent transmission of disease. When there have been at least three employee COVID-19 cases who have visited the same City building within 14 days, additional precautions are required under Cal/OSHA’s workplace standards. As of July 6, 2022, the Marine Safety Department has officially reached an outbreak with three (3) confirmed cases over the past fourteen (14) days.

Cases of COVID-19 continue to increase in the region and County Health and Human Services reported last week increases in the following metrics: (1) there were 2,048 COVID-19 cases on June 29, 2022, which is the highest single-day total since midFebruary; (2) Average Daily Case Rate per 100,000 increased from 41.1 for the prior week to 41.4; (3) Testing Positivity is now up to 13.9%, up from 13.2 the prior week and keeping this metric in the “High Transmission” level of 10.0% or greater; (4) the Weekly Case Rate has increased from 288.6 to 292.3, keeping the County well within the “High Transmission” Case Rate threshold of over 100.0 for Community Transmission; (5) hospitalizations were 335, up from 280 the prior week; and (6) the number of intensive care unit patients increased from 26 to 36 this week.

The growing case counts are prompting the County, consistent with the state’s SMARTER Plan, to remind San Diegans to continue using established protective measures. This includes the State’s strongly recommended guidance of voluntary masking when out in public. Masking is particularly important when traveling or moving 1 https://www.beckershospitalreview.com/public-health/covid-19-cases-tick-up-in-9-states.html 2 https://www.usatoday.com/story/news/health/2022/05/18/omicron-waning-immunity-rising-covidcases/9823740002/ 3 Ibid.

July 13, 2022
Continued Emergency Teleconferencing

Page 4 of 5 ends

through crowded indoor spaces, as is avoiding large gatherings, especially if you are immunocompromised.

The Omicron and Delta variants have caused, and will continue to cause, conditions of imminent peril to the health safety of persons within the City that are likely beyond the control of services, personnel, equipment and facilities of the City and there is a risk of new variants emerging. In other words, the local emergency continues and as a result, meeting in person would present imminent risks to the health or safety of attendees.

All meetings of the City’s legislative bodies are open and public, as required by the Brown Act (California Government Code §§54950 – 54963), so that any member of the public may attend, participate and watch the City’s legislative bodies conduct their business.

The recently amended Brown Act, Government Code section 54953(e)(1)(B), allows local legislative bodies to hold a meeting by teleconference during a gubernatorial proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

If the state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to remote teleconference, Government Code section 54953(e)(3) requires that every thirty (30) days, the City Council make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.

Resolution 2022-095 (Attachment 1) would make the necessary findings under Government Code section 54953(e)(3) and authorize the City’s legislative bodies to continue meeting by remote teleconferencing within the requirements of applicable law.

To continue to meet by remote teleconference, Council will be required to revisit the Resolution within thirty (30) days and find that the state of emergency continues to directly impact the ability of the members to meet safely in person pursuant to Government Code section 54953(e)(3).

CEQA COMPLIANCE STATEMENT:

The proposed City Council action is not subject to the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, California Code of Regulations, Title 14, July 13, 2022
Continued Emergency Teleconferencing

Page 5 of 5 ends

Chapter 3, Sections: 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Because there is no possibility that the Resolution may have a significant adverse effect on the environment, the action is exempt from CEQA.

FISCAL IMPACT:

There are no direct fiscal impacts related to the adoption of the Resolution.

WORK PLAN:

N/A
OPTIONS:
• Approve Staff recommendation.
• Approve Staff recommendation with modifications consistent with the Brown Act. • Do not approve Staff recommendations and resume in person meetings. • Provide direction / feedback.

DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council adopt Resolution 2022-095, authorizing remote teleconference meetings of the legislative bodies of the City for the period of July 14, 2022 through August 13, 2022 pursuant to the provisions of the Brown Act.

CITY MANAGER’S RECOMMENDATION:

Approve Department Recommendation.
_________________________________________________
Gregory Wade, City Manager/Director of Emergency Services

1. Resolution 2022-095
ATTACHMENT 1
RESOLUTION 2022-095

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, AUTHORIZING

CONTINUED REMOTE TELECONFERENCE MEETINGS

OF THE LEGISLATIVE BODIES OF THE CITY OF SOLANA
BEACH FOR THE PERIOD OF JULY 14, 2022 THROUGH
AUGUST 13, 2022 PURSUANT TO THE BROWN ACT AND

CONTINUING EMERGENCY
WHEREAS, the City of Solana Beach (“City”) is committed to preserving and nurturing public access and participation in meetings of the City Council and the City’s commissions; and
WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (California Government Code §§54950 – 54963), so that any member of the public may attend, participate and watch the City’s legislative bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and WHEREAS, the recently amended Brown Act, Government Code section 54953(e)(1)(B), allows local legislative bodies to hold a meeting by teleconference during a gubernatorial proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; and
WHEREAS, on March 4, 2020, Governor Newsom declared a state of emergency due to the Coronavirus (“COVID-19”) pandemic, which remains in effect; and WHEREAS, on March 16, 2020, the City Manager, acting as the Director of Emergency Services, did proclaim the existence of a local state of emergency within the City, pursuant to Section 2.28.060(A)(1) of the Solana Beach Municipal Code and Section 8625 of the California Emergency Services Act (California Government Code §§8550 et. seq.), as a result of the Coronavirus (COVID-19) pandemic, which was ratified by the City Council on March 19, 2020 through the adoption of Resolution 2020-036; and WHEREAS, pursuant to Resolution 2020-036, the local emergency was deemed to continue to exist until its termination is proclaimed by the City Council of the City of Solana Beach and the local emergency does continue to exist; and WHEREAS, COVID-19 continues to threaten the health and lives of City residents; and
Resolution 2022-095
Continued Emergency Teleconferencing

Page 2 of 5 ends

WHEREAS, the SARS-CoV-2 Delta Variant (Delta Variant) is highly transmissible in indoor settings, breakthrough cases are becoming more common and hospitalizations have increased throughout San Diego County; and
WHEREAS, on July 28, 2021, the California Department of Public Health issued guidance for the use of face coverings stating that the Delta Variant is two times as contagious as early COVID-19 variants, leading to increasing infections, the Delta Variant accounts for over 80% of cases sequenced, and cases and hospitalizations of COVID-19 are rising throughout the state; and
WHEREAS, updated as of August 13, 2021, the Center for Disease Control and Prevention recommends staying at least six (6) feet from other people; and WHEREAS, the California Department of Industrial Relations, Division of Occupational Safety and Health’s COVID-19 Prevention Emergency Temporary Standards were updated on June 17, 2021, are still in effect and place an ongoing requirement on employers to assess workplace hazards and implement controls to prevent transmission of disease, which may include circumstances in which employers determine that physical distancing is necessary in their workplace; and WHEREAS, on October 13, 2021, the City Council held a regular meeting for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, made such a determination and adopted Resolution 2021-120 authorizing remote teleconference meetings of the legislative bodies of the City for the period of October 13, 2021 through November 12, 2021 pursuant to the new provisions of the Brown Act; and WHEREAS, on November 10, 2021, the City Council reconsidered the circumstances of the state of emergency and adopted Resolution 2021-127 authorizing continued teleconference meetings of the legislative bodies of the City for the period of November 10, 2021 through December 10, 2021 pursuant to the new provisions of the Brown Act; and
WHEREAS, according to the Center for Disease Control and Prevention (CDC), a new strain of COVID-19, known as Omicron, has emerged; and WHEREAS, on November 24, 2021, this new variant B.1.1.529, was reported to the World Health Organization (WHO); and
WHEREAS, on November 26, 2021, WHO named B.1.1.529 Omicron and classified it as a Variant of Concern (VOC); and
WHEREAS, on November 30, 2021, the United States designated Omicron as a Resolution 2022-095
Continued Emergency Teleconferencing

Page 3 of 5 ends

Variant of Concern; and
WHEREAS, on December 1, 2021, the first confirmed U.S. case of Omicron was identified; and
WHEREAS, on December 8, 2021, the City Council adopted Resolution 2021-137 authorizing continued teleconference meetings through January 7, 2022; and WHEREAS, on December 9, 2021, the CDC reported that we do not yet know how easily Omicron spreads, the severity of illness it causes, or how well available vaccines and medications work against it; and
WHEREAS, on December 15, 2021, the City Council adopted Resolution 2021- 141 authorizing continued teleconference meetings through January 14, 2022; and WHEREAS, on January 3, 2022, the County of San Diego Health and Human Services Agency issued an Order of the Health Officer requiring isolation of persons diagnosed with, or likely to have COVID-19 to slow the spread of COVID-19 and prevent the healthcare system in San Diego County from being overwhelmed; and WHEREAS, on April 22, 2022, the California Department of Industrial Relations, Division of Occupational Safety and Health updated its COVID-19 Prevention Emergency Temporary Standards, imposing an ongoing requirement on employers to assess workplace hazards and implement controls to prevent transmission of disease. When there have been at least three employee COVID-19 cases who have visited the same City building within 14 days, additional precautions are required under Cal/OSHA’s workplace standards; and
WHEREAS, on June 6, 2022, City Hall became an outbreak site under the California Department of Industrial Relations, Division of Occupational Safety and Health’s COVID-19 Prevention Emergency Temporary Standards; and WHEREAS, cases of COVID-19 continue to increase in the region and County Health and Human Services reported this week increases in the following metrics: (1) there were 2,048 COVID-19 cases on June 29, 2022, which is the highest single-day total since mid-February; (2) Average Daily Case Rate per 100,000 has increased from 41.1 for the prior week to 41.4; (3) Testing Positivity is now up to 13.9%, up from 13.2 the prior week and keeping this metric to the “High Transmission” level of 10.0% or greater; (4) the Weekly Case Rate has increased from 288.6 to 292.3, keeping the County well within the “High Transmission” Case Rate threshold of over 100.0 for Community Transmission; (5) hospitalizations were 335, up from 280 the prior week; and (6) the number of intensive care unit patients increased from 26 to 36 this week; and Resolution 2022-095
Continued Emergency Teleconferencing

Page 4 of 5 ends

WHEREAS, the growing case counts are prompting the County, consistent with the state’s SMARTER Plan, to remind San Diegans to continue using established protective measures. This includes the State’s strongly recommended guidance of voluntary masking when out in public. Masking is particularly important when traveling or moving through crowded indoor spaces, as is avoiding large gatherings, especially if you are immunocompromised; and
WHEREAS, on June 7, 2022, the City Council held a special meeting for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, and adopted Resolution 2022-072 authorizing teleconference meetings to resume through July 6, 2022; and
WHEREAS, on June 22, 2022, the City Council adopted Resolution 2022-081 authorizing continued teleconference meetings through July 22, 2022; and WHEREAS, as of July 6, 2022, the Marine Safety Center is now an outbreak site under the California Department of Industrial Relations, Division of Occupational Safety and Health’s COVID-19 Prevention Emergency Temporary Standards with at least three employee COVID-19 cases who have visited the Center within the last 14 days, and requiring additional precautions be taken; and
WHEREAS, the Omicron and Delta variants have caused, and will continue to cause, conditions of imminent peril to the health safety of persons within the City that are likely beyond the control of services, personnel, equipment and facilities of the City and there is a risk of new variants emerging and the outbreak spreading; and WHEREAS, the state of emergency remains active.

NOW, THEREFORE, the City Council of the City of Solana Beach, California, does find and resolve as follows:

1. That the above recitations are true and correct and incorporated herein as findings.

2. That the City Council has reconsidered the circumstances of the state of emergency.

3. That state of emergency continues to directly impact the ability of the members to meet safely in person.

Resolution 2022-095
Continued Emergency Teleconferencing

Page 5 of 5 ends

4. That the meetings of the legislative bodies of the City of Solana Beach, including the City Council, standing committees and citizen commissions, shall meet by remote teleconferencing in compliance with applicable law.

5. That the City Manager and Staff are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

6. That this Resolution shall take effect on July 14, 2022, and shall be effective until the earlier of (a) August 13, 2022 or (b) such time as the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with Government Code section 54953(b)(3).

PASSED AND ADOPTED this 13th day of July, 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 COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # A.8.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: July 13, 2022
ORIGINATING DEPT: Public Works/Engineering Department
SUBJECT: City Council Consideration of Resolution 2022-083 Authorizing the City Manager to Award a Sole-Source
Construction Contract to T.B Penick & Sons, Inc., for the Fletcher Cove Park Lithocrete Concrete Restoration
BACKGROUND:

As part of routine public works tasks, various inspections and maintenance activities are performed on City infrastructure, including repairing and cleaning of existing Lithocrete concrete areas. Due to significant usage, the concrete walkways within Fletcher Cove Park are experiencing partial damage and deterioration beyond in-house Staff’s ability to repair them. Staff determined that the existing Lithocrete concrete areas need to be properly repaired, cleaned, and sealed.

This item is before the City Council for the consideration of Resolution 2022-083 (Attachment 1) authorizing the City Manager to award a sole-source contract to T.B Penick & Sons, Inc., for the Fletcher Cove Park Lithocrete Concrete restoration project, in the amount of $95,472, including a construction contingency of approximately 23% for unforeseen changes.

DISCUSSION:

When Fletcher Cove Park was designed and constructed in 2006, the original construction contract specified the use of Lithocrete for all concrete work including all walking surfaces, the amphitheater seating area and connecting stairs. Lithocrete is a proprietary architectural concrete installation using specific concrete mix design and artistic hand seeded finishing products. There are only two contractors in California certified to install Lithocrete, T.B Penick & Sons, Inc. (T.B Penick) and Shaw & Sons (based in Orange County). T.B Penick is a local company and successfully completed Lithocrete concrete work at Fletcher Cove Park, Cliff Street Bridge, Rosa Street Bridge, and the Highway 101 west side improvements. T.B Penick has also performed several spot repairs in various locations in the City, upon requests by Staff.

July 13, 2022
FCP Lithocrete Restoration

Page 2 of 3 ends

Staff recommends the Lithocrete Concrete Restoration Project contract be awarded to T.B Penick as a Sole-Source vendor. Processing a formal construction contract for performing such specialized repair work may not produce a lower cost or better product because there are only two contractors in California who can install Lithocrete. Since this is a small project and T.B Penick is a local contractor, T,B, Penick should be able to provide better pricing than a contractor from Orange County for a minor repair project.

Additionally, T.B Penick would provide the City with the best end-product because of their prior work experience at Fletcher Cove Park. Advertising a contract for this project would be “unavailing” to the City because it would not produce a better contractor or a lower repair cost. Therefore, if so desired, the City Council may sole source the contract for this repair project to T.B Penick.

City Staff has developed a list identifying quantities of damaged concrete spots within four geographic areas of the Fletcher Cove Park. The list also identifies areas such as the Boardwalk, Sun Plaza, and Art Node that need to be cleaned, stained, and sealed. In addition, approximately 300 liner feet of caulking replacement and 100 feet of brass insert repairs are proposed throughout Fletcher Cove Park.

During deliberation on the Council Work Plan agenda item on June 22, 2022, Council directed Staff to take a proactive role of this concrete repair project and consider additional repairs to areas that are showing signs of deterioration but not yet damaged enough to raise to the level of immediate repair status. Keeping this direction in mind, Staff is recommending a larger than normal contingency percentage of 23% in the amount of $17,852 to cover additional repair areas as well as to cover for unforeseen conditions.

Below is a table of the proposed work with corresponding estimated cost of repair.

T.B PENICK & SONS, INC., PROPOSAL
Work Performed Quantity Price
Concrete Patching 150 $21,715
Concrete Repair 1 $7,130
Stair Nosing’s Repair 30 $13,280
Caulking Replacement 300 LF $625
Brass Inserts 1,500 LF $6,995
Clean & Seal Paving 4,845 SF $14,125
Clean, Stain & Seal: Sun
Plaza & Art Node
2,030 SF $13,750
TOTAL $77,620
23% Construction Contingency $17,852
TOTAL With Contingency
Amount
$95,472
CEQA COMPLIANCE STATEMENT:

The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(h) of the State CEQA Guidelines.

July 13, 2022
FCP Lithocrete Restoration

Page 3 of 3 ends

FISCAL IMPACT:

Council is being asked to consider approval of a contract with T.B Penick & Sons, Inc., as a sole-source vendor. The compensation under consideration is $77,620, and the recommended contingency amount is $17,852 (23%), for a total amount of $95,472, for the Fletcher Cove Park Lithocrete Concrete Restoration project. After completion of the project, complete construction costs will be reported to the City Council as part of filing the Notice of Completion. This project is included in the Fiscal Year 2022/2023 Capital Improvement Program and is being funded by the Sand Replenishment/Retention and Coastal Access CIP fund.

WORK PLAN:

This project is included in the Fiscal Year 2022/23 Work Plan in the Community Character Priorities – Capital Projects section under the Fletcher Cove Park and Community Center Maintenance, Priority Item 8.

OPTIONS:
• Approve Staff recommendation.
• Do not approve Staff recommendation.
• Provide direction to Staff.

DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council adopt Resolution 2022-083 authorizing the City Manager to award a contract to T.B Penick & Sons, Inc., as a sole-source vendor, in the amount of $77,620, and the recommended contingency amount of $17,852 (23%), for a total amount of $95,472, for the Fletcher Cove Park Lithocrete Concrete Repairs.

CITY MANAGER’S RECOMMENDATION:

Approve Department Recommendation.
_________________________
Gregory Wade, City Manager
Attachments:

1. Resolution 2022-083
ATTACHMENT 1
RESOLUTION 2022-083

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOLANA BEACH, CALIFORNIA, APPROVING A SOLESOURCE CONSTRUCTION CONTRACT WITH T.B.

PENICK & SONS, INC., FOR THE FLETCHER COVE PARK

LITHOCRETE CONCRETE RESTORATION, IN AN
AMOUNT OF $77,620, AND A CONTINGENCY AMOUNT
OF $17,8522 (23%), FOR A TOTAL AMOUNT OF $95,472
WHEREAS, as part of routine public works tasks, various inspections and maintenance activities are performed on City infrastructure, including cleaning and sealing of existing Lithocrete concrete areas. As part of this routine maintenance, Staff determined that the existing Lithocrete concrete areas located at the Fletcher Cove Park need to be cleaned, sealed, and repaired; and
WHEREAS, Lithocrete is a proprietary architectural concrete. T.B Penick & Sons, Inc., is certified to install Lithocrete.; and
WHEREAS, conducting a formal Request for Proposal would not produce a better product or a lower price for repairs of the existing Lithocrete concrete at Fletcher Cove Park; and
WHEREAS, Staff recommends a sole-source construction project be awarded to T.B Penick & Sons, Inc., for the Fletcher Cove Park Lithocrete Restoration, in an amount of $77,620; and
WHEREAS, Staff recommends a construction contingency of $17,852 (23%) for unforeseen changes.

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 City Council authorizes the City Manager to execute a Sole-Source Construction Contract with T.B Penick & Sons, Inc., at an amount of $77,620, and a contingency amount of $17,852 (23%), for a total amount of $95,472, for the Fletcher Cove Park Lithocrete Restoration project, for Fiscal Year 2022/23.

3. That the City Council authorizes the City Manager to approve cumulative change orders up to the construction contingency amount.

Resolution 2022-083
Fletcher Cove Park Lithocrete Restoration

Page 2 of 2 ends

PASSED AND ADOPTED this 13th day of July 2022, at a regularly scheduled meeting of the City Council of the City of Solana Beach, California by the following vote:

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: July 13, 2022
ORIGINATING DEPT: Public Works/Engineering Department
SUBJECT: City Council Consideration of Resolution 2022-075 Awarding an Agreement for Dead Animal Disposal and
Pest-Rodent Control Services with Habitat Protection, Inc.

BACKGROUND:

In April 2022, a Request for Proposals (RFP) for dead animal disposal and pest-rodent control services was posted to eBidboard (the City’s electronic procurement system) to solicit proposals from private industry service providers. The City sought proposals for Pest Control Services at City Facilities which included as-needed rodent control services at City facilities, beach accesses, and City parks in addition to as-needed dead animal disposal services.

The City is seeking these services for City Hall, La Colonia Community Center, the Fire Station, the Public Works Maintenance Facility, the Marine Safety Building, the Fletcher Cove Community Center and, for the dead animal disposal services, City-wide. The City received two proposals by the May 24, 2022 closing date.

This item is before the City Council for the consideration of Resolution 2022-075 (Attachment 1) authorizing the City Manager to enter into a Professional Service Agreement (PSA) for dead animal disposal and pest-rodent control services with Habitat Protection, Inc. (HPI) for a period of one-year, effective July 1, 2022, at a not-to-exceed amount of $9,960.00, with the option to extend the PSA with HPI for four additional oneyear terms at the City’s discretion.

DISCUSSION:

In April 2022, the City posted a RFP on eBidboard for dead animal disposal and pestrodent control services. The City received two proposals. Proposals were evaluated by in-house Staff based on qualifications, previous experience, ability to respond to July 13, 2022
Dead Animal Disposal and Pest-Rodent Control Services

Page 2 of 4 ends

emergency service calls, and compliance with City specifications. Staff determined that HPI is a better fit for the City’s need. Further, HPI has provided reliable services to the City in the past. A summary of the required services and costs is detailed in the table below.

Habitat Protection Inc. Critter Gitters
Locations:
for Pest
Control
Quantity Unit
Price
Total Locations:
for Pest
Control
Quantity Unit
Price
Total
City Hall 12 $62.00 $744.00 City Hall 12 $72.00 $864.00 Fire Station 12 $46.00 $552.00 Fire Station 12 $72.00 $864.00 La Colonia
Park
12 $43.00 $516.00 La Colonia
Park
12 $65.00 $780.00
Public Works
Maintenance
yard
12 $43.00 $516.00 Public Works
Maintenance
yard
12 $65.00 $780.00
Marine
Safety
Building
12 $43.00 $516.00 Marine
Safety
Building
12 $55.00 $660.00
Fletcher
Cove
Community
Center
12 $43.00 $516.00 Fletcher
Cove
Community
Center
12 $40.00 $480.00
Total $3,360.00 Total $4,428.0
0 As-needed
Rodent
Control
Services
1 $1,600
Per
Fiscal
Year
As-needed
Rodent
Control
Services
1 $1,600
Per
Fiscal
Year
As-needed
Dead Animal
Disposal
Services
1 $5,000
Per
Fiscal
Year
As-needed
Dead Animal
Disposal
Services
1 $5,000
Per
Fiscal
Year
Total
with
Asneede
d
servic
es
$9,960.00 Total
with
Asneeded
service
s
$11,028.
00 The PSA is structured to provide “as-needed services” such as dead animal disposal services and rodent control services. The PSA also includes unanticipated components such as emergency/on-call services and as-needed services such as weekend services.

Because of the nature of these types of services, it is impossible to determine the exact contract amount for these unanticipated items. Staff is proposing an extra amount of $5,000 be included in the contract to cover the costs of unanticipated emergency responses. Staff will carefully monitor all aspects of the agreement, including the July 13, 2022
Dead Animal Disposal and Pest-Rodent Control Services

Page 3 of 4 ends

unanticipated emergency responses, to ensure the work provided each year does not exceed the budgeted amount or the not-to-exceed amount approved by the City Council.

If at any time during the terms of this PSA it is determined that the amount of the asneeded services may be exceeded, Staff will return to the City Council to appropriate additional funding.

CEQA COMPLIANCE STATEMENT:

All work covered by this agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(b) of the State CEQA Guidelines.

FISCAL IMPACT:

A total of $9,960.00 is budgeted in Animal Control/Professional Services for the Professional Services Agreement with Habitat Protection, Inc. sufficient funding will be allocated in future budgets if the agreement is approved.

WORK PLAN:

N/A
OPTIONS:
• Adopt Staff recommendations.
• Provide direction to Staff and award a modified maintenance contract. • Reject maintenance proposal and provide direction to Staff.

DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council adopt Resolution 2022-075:

1. Authorizing the City Manager to execute a Professional Services Agreement with Habitat Protection, Inc. at an amount not-to-exceed $9,960 for dead animal disposal and pest-rodent control services, and as-needed services for Fiscal Year 2022/23.

2. Authorizing the City Manager to extend the Professional Services Agreement with Habitat Protection Inc., on a yearly basis, for up to four additional one-year terms, at the City’s option.

July 13, 2022
Dead Animal Disposal and Pest-Rodent Control Services

Page 4 of 4 ends

CITY MANAGER’S RECOMMENDATION:

Approve Department Recommendation.
_________________________
Gregory Wade, City Manager
Attachments:

1. Resolution No. 2022-075
RESOLUTION 2022-075

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, APPROVING A

PROFESSIONAL SERVICES AGREEMENT WITH
HABITAT PROTECTION, INC. IN AN AMOUNT NOT TO
EXCEED $9,960 PER YEAR, WITH OPTIONAL

EXTENSIONS OF THE AGREEMENT FOR UP TO FOUR

ADDITIONAL ONE YEAR TERMS AT THE CITY
MANAGER’S DISCRETION
WHEREAS, the work associated with the dead animal disposal and pest-rodent control services contract has been classified as a service contract or professional service instead of a public works construction project per section 20161 of the Public Contract Code (PCC); and
WHEREAS, a flexible contracting process involving dead animal disposal and pest-rodent control services and related services facilitates a more efficient and convenient management of City’s affairs; and
WHEREAS, the Request for Proposals (RFP) process provides a more efficient and effective method for hiring a dead animal disposal and pest-rodent control services contractor that would provide the higher level of service required; and WHEREAS, the City issued a RFP for these professional services in April 2022 that was consistent with the City’s purchasing ordinance.

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 City Council authorizes the City Manager to execute a Professional Services Agreement with Habitat Protection, Inc. at an amount not-toexceed $9,960 for dead animal disposal and pest-rodent control services, and as-needed services for Fiscal Year 2022/23.

Resolution 2022-075
PSA for Dead Animal Disposal and Pest-Rodent Control Services

Page 2 of 2 ends

3. That the City Council authorizes the City Manager to extend the Professional Services Agreement with Habitat Protection Inc., on a yearly basis, for up to four additional one-year terms at the City’s option.

PASSED AND ADOPTED this 13th day of July 2022, at a regularly scheduled meeting of the City Council of the City of Solana Beach, California by the following vote:

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: July 13, 2022
ORIGINATING DEPT: City Manager’s Department
SUBJECT: City Council Consideration of Resolution 2022-096 Authorizing the City Manager to Execute a Right-of-Entry and Reciprocal License Agreement for Parking with
Brixton Cove, LLC
BACKGROUND:

On August 16, 1982, the predecessor owners of City-owned property located at 140 South Sierra Avenue and the property owned by Brixton Cove, LLC (Brixton) at 120 South Sierra, entered into a Mutual Easement and Parking Agreement that was recorded in the Official Records of the San Diego County Recorder’s Office as Document Number 82- 254321 on August 17, 1982 (Agreement). The Agreement, which identifies the City Property as the “Horton Parcel” and the Brixton Property as the “Chart House Parcel”, granted reciprocal parking rights to the respective owners, tenants, employees, visitors and invitees of those properties on terms and conditions for a period of forty (40) years, expiring August 15, 2022. As the current Agreement provides essential parking for visitors to the nearby Fletcher Cove Park and Fletcher Cove Beach Access in furtherance of Coastal Development Permit No. 6-05-040, and to a number of neighboring businesses in the area, Staff recommends extending the reciprocal parking arrangement for a period of two years as originally contemplated in the Agreement.

This item is before the City Council for the consideration of Resolution 2022-096 (Attachment 1) authorizing the City Manager to execute a Right-of-Entry and Reciprocal License Agreement for Parking, in a form acceptable to the City Attorney, with Brixton Cove, LLC (Brixton) for a period of two years, effective August 15, 2022.

DISCUSSION:

Pursuant to the existing Agreement, the City and Brixton have granted one another reciprocal parking rights whereby approximately twenty-six parking spaces on a portion July 13, 2022
Resolution 2022-096

Page 2 of 3 ends

of the City-owned parking lot located at 140 South Sierra Avenue are made available for use by Brixton and its tenants, employees and visitors, between the hours of 7:00 AM and 5:00 PM, Monday through Friday of each week, excluding weekends and holidays.

Also under the Agreement, Brixton has granted to the City its parking spaces located on their property at 120 South Sierra Avenue, for use by the City, its employees and agents and the public between the hours 5:00 PM and 2:00 AM Monday through Friday, over weekends and on holidays. Given the importance of this parking resource to the City’s visitors, residents and local businesses, Staff recommends extending this reciprocal parking Agreement through execution of a Right-of-Entry and Reciprocal License Agreement for Parking, under the same terms and conditions, in a form acceptable to the City Attorney.

CEQA COMPLIANCE STATEMENT:

The proposed City Council action is not subject to the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Sections: 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Because there is no possibility that the Resolution may have a significant adverse effect on the environment, the action is exempt from CEQA.

FISCAL IMPACT:

There is no direct fiscal impact to the City that would result from approval of Resolution 2022-093 and all parking associated with the action would be available at no fee or cost to the public or to the City.

WORK PLAN:

N/A
OPTIONS:
• Adopt Staff recommendation.
• Provide alternative direction to Staff.
• Reject the proposed Right-of-Entry and Reciprocal License Agreement for Parking and provide direction to Staff.

July 13, 2022
Resolution 2022-096

Page 3 of 3 ends

DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council adopt Resolution 2022-096 authorizing the City Manager to execute a Right-of-Entry and Reciprocal License Agreement for Parking, in a form acceptable to the City Attorney, with Brixton Cove, LLC for a period of two years, effective August 15, 2022.

CITY MANAGER’S RECOMMENDATION:

Approve Department Recommendation.
_________________________
Gregory Wade, City Manager
Attachments:

1. Resolution 2022-096
RESOLUTION 2022-096

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, AUTORIZING THE CITY

MANAGER TO EXECUTE A RIGHT-OF-ENTRY AND

RECIPROCAL LICENSE AGREEMENT FOR PARKING

WITH BRIXTON COVE, LLC
WHEREAS, the City of Solan Beach (“City”) is the owner of that certain real property located in the City of Solana Beach, County of San Diego, California at 140 South Sierra Avenue (“City Property”); and
WHEREAS, Brixton Cove, LLC (“Brixton”) is the owner of that certain real property located in the City of Solana Beach, County of San Diego, California, at 120 South Sierra Avenue directly adjacent and to the north of the City Property (“Brixton Property”); and
WHEREAS, the predecessor owners of the City Property and the Brixton Property entered into that certain Mutual Easement and Parking Agreement, dated August 16, 1982, that was recorded in the Official Records of the San Diego County Recorder’s Office as Document Number 82-254321 on August 17, 1982 (“Easement”); and WHEREAS, the Easement, which identifies the City Property as the “Horton Parcel” and the Brixton Property as the “Chart House Parcel”, granted reciprocal parking rights to the respective owners, tenants, employees, visitors and invitees of those properties on terms and conditions more particularly described in the Easement for a term of forty (40) years, expiring August 15, 2022; and WHEREAS, the City and Brixton wish to enter into a Right-of-Entry and Reciprocal License Agreement (“Agreement”) to provide for reciprocal licenses and access rights to parking on the City Property and the Brixton Property on the same general terms and conditions as the Easement.

WHEREAS, this action is not subject to the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Sections: 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Because there is no possibility that this action may have a significant adverse effect on the environment, the action is exempt from CEQA.

Resolution 2022-096
Right-of-Entry & Reciprocal License Agreement

Page 2 of 2 ends

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.

2. That the City Council authorizes the City Manager to execute a Right-of-Entry and Reciprocal License Agreement for Parking, in a form acceptable to the City Attorney, with Brixton Cove, LLC for a period of two years, effective August 15, 2022.

PASSED AND ADOPTED this 13th day of July, 2022, at a regular meeting of the City Council of the City of Solana Beach, California 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 COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # A.11.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: July 13, 2022
ORIGINATING DEPT: Community Development Department
SUBJECT: City Council Consideration and Potential Adoption of Resolution 2022-085 Extending COVID-19 Temporary Use
Permits (TUPs) For Outdoor Dining Through January 1,
2023
BACKGROUND:

On March 16, 2020, pursuant to Section 2.28.060(A)(1) of the Solana Beach Municipal Code (SBMC), the Director of Emergency Services/City Manager proclaimed a state of local emergency in the City of Solana Beach due to COVID-19, which was ratified by the City Council through adoption of Resolution 2020-036. Since that time, there have been numerous Orders and Guidance by the California Department of Public Health (CDPH) and the Health Officer of the County of San Diego to curtail the spread of COVID-19. In June 2020, the City Council adopted Resolution 2020-087 which established a COVID-19 Temporary Use Permit process and requirements for temporary outdoor dining. In December 2021, the City Council adopted Resolution 2021-135 extending the COVID-19 TUP Policy through September 6, 2022.

The item before the City Council is to consider the adoption of Resolution 2022-085 (Attachment 1) to further extend COVID-19 Temporary Use Permits for outdoor dining through January 1, 2023.

DISCUSSION:

Since the City Council’s approval of the COVID-19 TUP Policy, the City of Solana Beach (City) has conditionally approved 33 COVID-19 TUP applications, 24 of which are for businesses with outdoor dining services. Of the 24 businesses with outdoor dining, 19 of those are utilizing parking areas, two of which (Pillbox Tavern & Saddle Bar) are utilizing public parking spaces. The other five businesses with outdoor dining July 13, 2022
COVID TUP Extension

Page 2 of 3 ends

are utilizing public and/or private sidewalk areas for the outdoor dining. No new TUP applications have been filed since the April 2021 extension. Temporary outdoor dining activities continue to be utilized by most of the businesses. Other uses that were permitted to conduct outdoor activities due to COVID-19 requirements such as nail salons and hair salons have since eliminated their outdoor activities.

There continues to be a desire by the businesses, business districts, Chamber of Commerce and the public to continue temporary outdoor dining activities.

Consequently, Council included in the Fiscal Year (FY) 2022-23 Work Plan the evaluation of maintaining this outdoor dining City-wide in a manner that minimizes conflict with parking.

It should also be noted that Assembly Bill (AB) 61, approved by Governor Newsom on October 8, 2021, impacts certain outdoor dining from January 1, 2022 until January 1, 2024. Per AB 61, under Government Code section 65907(a), to the extent that outdoor expansion mitigates COVID-19 pandemic restrictions on indoor dining, required parking spaces must be reduced by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area. The current COVID-19 TUP Policy meets the requirements as imposed under Government Code section 65907(a) in allowing outdoor expansion and parking reduction to mitigate Covid-19 pandemic restrictions.

During their discussion and approval of the FY 2022-23 Work Plan, Council supported the extension of the existing TUPs issued for outdoor dining to allow Staff to evaluate the continuation of outdoor dining and to prepare draft regulations under which these dining areas could be permanently maintained. Staff recommends that Council extend the TUPs for outdoor dining through January 1, 2023 to allow for this analysis and preparation of proposed regulations.

CEQA COMPLIANCE STATEMENT:

FISCAL IMPACT:

There are no direct fiscal impacts related to the adoption of the Resolution.

OPTIONS:
• Approve Staff recommendation adopting Resolution 2022-085.

July 13, 2022
COVID TUP Extension

Page 3 of 3 ends

• Approve Staff recommendation with modifications.
• Do not approve Staff recommendations.

DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council adopt Resolution 2022-085.

CITY MANAGER’S RECOMMENDATION:

Approve Department Recommendation.
_______________________________
Gregory Wade, City Manager/Director of Emergency Services

1. Resolution 2022-085
ATTACHMENT 1
RESOLUTION 2022-085

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOLANA BEACH, CALIFORNIA, EXTENDING THE COVID-19

TEMPORARY USE PERMIT POLICY
WHEREAS, on June 10, 2020, the City Council adopted Resolution 2020-087 approving, among other actions, a COVID-19 Temporary Use Permit Policy to allow specified uses to operate outdoors; and
WHEREAS, on November 18, 2020, the City Council adopted Resolution 2020- 148 extending the COVID-19 Temporary Use Permit Policy to allow specified uses to operate outdoors; and
WHEREAS, on April 28, 2021, the City Council adopted Resolution 2021-049 extending the COVID-19 Temporary Use Permit Policy to allow specified uses to operate outdoors through January 1, 2022; and
WHEREAS, on December 8, 2021, the City Council adopted Resolution 2021-135 extending the COVID-19 Temporary Use Permit Policy to allow outdoor dining through September 6, 2022; and
WHEREAS, the City Council wishes to support and encourage economic growth and the business community in the City while being responsive to the COVID-19 pandemic and County Public Health Orders; and
WHEREAS, the current COVID-19 TUP Policy meets the requirements as imposed under Government Code section 65907(a) in allowing outdoor expansion and parking reduction to mitigate COVID-19 pandemic restrictions.

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 Council authorizes an extension of the COVID-19 Temporary Use Permit Policy for outdoor dining establishments only, until January 1, 2023.

PASSED AND ADOPTED this 13th day of July, 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 –
Resolution 2022-085
COVID TUP Policy Extension

Page 2 of 2 ends

______________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ _______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk CITY COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # A.12.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: July 13, 2022
ORIGINATING DEPT: City Manager’s Department
SUBJECT: City Council Consideration of Resolution 2022-090 Authorizing the City Manager to Execute an Agreement
with the Energy Policy Initiatives Center (EPIC) for Climate Action Plan Update Services
BACKGROUND:

The City of Solana Beach City Council (Council) approved a Climate Action Plan (CAP) in July of 2017 outlining the strategies and steps the City would follow to reduce greenhouse gas (GHG) emissions. The CAP was revised in February of 2020 to include revised climate adaptation strategies and equity concerns. The 2017 CAP outlines 30 local greenhouse gas (GHG) reduction measures for the following GHG emission producing sectors: Transportation, Electricity, Natural Gas, Solid Waste, and Water Consumption. Since the CAP’s adoption, the City has implemented several measures that have resulted in a 40% decrease in the City’s GHG emissions from 2010 levels as reported in the San Diego Association of Government’s (SANDAG’s) biannual regional GHG inventory reports.

The 2017 CAP calls for a revision of the document after five years and the City is now ready to undergo the CAP revision process incorporating updated measures to align with the latest climate science, data, strategies and regional efforts. The City posted a Request for Proposals (RFP) for CAP update services in March of this year and received three complete proposals in response. After formal review, Staff recommends the proposal submitted by the Energy Policy Initiative Center (EPIC) because of the firm’s demonstrated competence, experience and qualifications. In addition, the proposal demonstrates their specialized expertise and work with a multitude of CAPs from all cities (including Solana Beach’s in 2017) in the San Diego region as well as with the regional institutions such as SANDAG, where critical transportation data and information resides.

July 13, 2022
CAP Update Contract

Page 2 of 3 ends

This item is before the Council to consider adoption of Resolution 2022-090 (Attachment 1) authorizing the City Manager to execute an agreement with EPIC for Climate Action Plan update services.

DISCUSSION:

In response to the RFP, the City received three complete proposals from the following firms: EcoShift, Kimley-Horn and EPIC. After a review by City Staff, the proposal from EPIC was unanimously chosen as the strongest proposal. Costs were not evaluated during this review. Subsequently, Staff reviewed the fees for the three proposals which ranged from $82,000-$110,000.

EPIC will subcontract with Ascent, another experienced firm, specifically for the outreach services portion of the process to ensure meaningful community engagement in the CAP update development process. EPIC recently completed work on the San Diego Regional Decarbonization Strategy which involved extensive review of all San Diego jurisdictional CAPs and an evaluation of the strengths of the various measures in place around the region. This work will help inform GHG reduction measures for Solana Beach to consider incorporating into its update. EPIC’s awareness of regional efforts can also guide measures for the City to adopt that could support broader regional initiatives especially around issues like transportation.

A detailed outline of the tasks EPIC will undertake this coming year can be found in the professional services agreement (Attachment 2) Exhibit “A” Scope of Services and Fee section. The CAP update process will include the following components:

1. Regular project meetings.

2. Development and implementation of a Public Engagement Plan that incorporates equity considerations.

3. Identification of potential CAP measures.

4. Estimation of the GHG impacts of the CAP measures identified.

5. A benefit-cost analysis on draft CAP measures.

6. Evaluation of candidate CAP measures.

7. Integration of Social Equity considerations.

8. Evaluation of existing GHG reduction targets.

9. Development of CAP implementation monitoring procedures.

10.Preparation of any required CEQA documentation.

EPIC, working with Ascent, will provide all these services for a not-to-exceed amount of $100,000 and the agreement term will be for one-year ending on June 30, 2023, although the actual project timeline could be shorter or longer than this depending on a variety of factors including data collection challenges posed by other agencies where the data resides and/or depending on the level of community and stakeholder feedback which might require consideration or attention.

July 13, 2022
CAP Update Contract

Page 3 of 3 ends

CEQA COMPLIANCE STATEMENT:

The execution of the agreement for CAP update services is not a project as defined by CEQA. However, included in the scope of work of the agreement are tasks to consider and incorporate CEQA requirements as necessary in any final Climate Action Plan document approved by City Council.

FISCAL IMPACT:

Total costs over the one-year contract term will not exceed $100,000.00 to be paid from the City’s General Fund. These costs were included in the FY 2023 Budget Update that was approved by City Council on June 22, 2022.

WORK PLAN: Environmental Sustainability A.1. Climate Action Plan Implementation OPTIONS:
∙ Approve Staff recommendation.
∙ Deny Staff recommendation and provide direction.

DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council adopt Resolution 2022-090 authorizing the City Manager to execute the Agreement for Climate Action Plan Update Services between the City of Solana Beach and Energy Policy Initiative Center for a one-year term beginning July 13, 2022 through June 30, 2023.

CITY MANAGER’S RECOMMENDATION:

Approve Department Recommendation
_________________________
Gregory Wade, City Manager
Attachments:

1. Resolution 2022-090

2. Agreement for Climate Action Plan Update Services between the City of Solana Beach and EPIC
ATTACHMENT 1
RESOLUTION 2022-090

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO EXECUTE AN AGREEMENT WITH ENERGY

POLICY INITIATIVES CENTER FOR CLIMATE ACTION PLAN

UPDATE SERVICES
WHEREAS, the City Council adopted its first Climate Action Plan (CAP) in 2017 with the intention to update the plan in five years; and WHEREAS, the City Council acknowledges that global warming is still an existential threat, declaring a Climate Emergency on August 26, 2020; and WHEREAS, the City Council desires to update its Climate Action Plan (CAP) by entering into an Agreement for these services (Agreement); and WHEREAS, the City Council would like robust community engagement and social equity considerations incorporated into the CAP development process; and WHEREAS, the Energy Policy Initiatives Center (EPIC) at the University of San Diego was one of three proposals received by the City to offer CAP update services; and WHEREAS, EPIC’s proposal demonstrated the highest competence, qualifications and specialized expertise to undertake the City’s CAP update and a cost not to exceed one hundred thousand dollars ($100,000.00).

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 City Council authorizes the City Manager to enter into a Professional Services Agreement with EPIC for CAP Update Services for a one-year agreement term ending June 30, 2023.

3. The agreement for CAP Update services will not exceed one hundred thousand dollars ($100,000.00) during the one-year term of the agreement.

Resolution 2022-090
CAP Update Agreement

Page 2 of 2 ends

PASSED AND ADOPTED this 13rd day of July, 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 Agreement modified 3/11/2022 Page 1 of 23 City Attorney approved template June 2020 City of Solana Beach

PROFESSIONAL SERVICES AGREEMENT FOR

A CLIMATE ACTION PLAN UPDATE
This Professional Services Agreement (“AGREEMENT”) is made and entered into this 13th day of July, 2022 by and between the CITY OF SOLANA BEACH, a municipal corporation (“CITY”), and, Energy Policy Initiatives Center (EPIC) a California nonprofit corporation, (“CONSULTANT”) (collectively “PARTIES”).

WHEREAS, the CITY desires to employ a CONSULTANT to furnish PROFESSIONAL SERVICES (“PROFESSIONAL SERVICES”) for the update of its Climate Action Plan (“PROJECT”); and
WHEREAS, the CITY has determined that CONSULTANT is qualified by experience and ability to perform the services desired by CITY, and CONSULTANT is willing to perform such services; and
WHEREAS, CONSULTANT will conduct all the work as described and detailed in this AGREEMENT to be provided to the CITY.

NOW, THEREFORE, the PARTIES hereto mutually covenant and agree with each other as follows:

1. PROFESSIONAL SERVICES.

1.1. Scope of Services. The CONSULTANT shall perform the PROFESSIONAL SERVICES as set forth in the written Scope of Services, attached as Exhibit “A” Scope of Services and Fee, at the direction of the CITY. CITY shall provide CONSULTANT access to appropriate staff and resources for the coordination and completion of the projects under this AGREEMENT. For all work to be performed on site in the City, the CITY and CONSULTANT agree that the Scope of Services begins when the CONSULTANT arrives on site and terminates when the CONSULTANT leaves the site.

Travel time to and from project site shall not be considered time on the job or compensated by the CITY.

1.2. Project Coordinator. The Assistant City Manager is hereby designated as the Project Coordinator for CITY and will monitor the progress and execution of this AGREEMENT.

CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this AGREEMENT for CONSULTANT. Insert Title is hereby designated as the Project Director for CONSULTANT.

1.3. City Modification of Scope of Services. CITY may order changes to the Scope of Services within the general scope of this AGREEMENT consisting of additions, deletions, or other revisions. If such changes cause a change in the CONSULTANT’s cost of, or time required for, completion of the Scope ofServices, an equitable adjustment to CONSULTANT’s compensation and/or contract time shall be made, subject to the CITY’S approval. All such changes shall be authorized in writing, executed by CONSULTANT and CITY.

2. DURATION OF AGREEMENT.

Agreement modified 3/11/2022 Page 2 of 23 City Attorney approved template June 2020

2.1. Term. The term of this AGREEMENT shall be for a period of one (1) year beginning from the date of execution of the AGREEMENT. Time is of the essence in the performance of work under this AGREEMENT, unless otherwise specified.

2.2. Extensions. If marked, the CITY shall have the option to extend the AGREEMENT for four (4) additional one (1) year periods or parts thereof for an amount not to exceed N/A and ($N/A) per AGREEMENT year. Extensions shall be in the sole discretion of the City Manager and shall be based upon CONSULTANT’s satisfactory past performance, CITY needs, and appropriation of funds by the City Council. The CITY shall give written notice to CONSULTANT prior to exercising the option.

2.3. Delay. Any delay occasioned by causes beyond the control of CONSULTANT may merit an extension of time for the completion of the Scope of Services. When such delay occurs, CONSULTANT shall immediately notify the Project Coordinator in writing of the cause and the extent of the delay, whereupon the Project Coordinator shall ascertain the facts and the extent of the delay and grant an extension of time for the completion of the PROFESSIONAL SERVICES when justified by the circumstances.

2.4. City’s Right to Terminate for Default. Should CONSULTANT be in default of any covenant or condition hereof, CITY may immediately terminate this AGREEMENT for cause ifCONSULTANT fails to cure the default within ten (10) calendar days of receiving written notice of the default.

2.5. City’s Right to Terminate without Cause. Without limiting its rights in the event of CONSULTANT’s default, CITY may terminate this AGREEMENT, without cause, by giving written notice to CONSULTANT. Such termination shall be effective upon receipt of the written notice. CONSULTANT shall be compensated for all effort and material expended on behalf of CITY under the terms of this AGREEMENT, up to the effective date of termination. All personal property remaining in CITY facilities or on CITY property thirty (30) days after the expiration or termination of this AGREEMENT shall be, at CITY’s election, considered the property of CITY.

3. COMPENSATION.

3.1. Total Amount. The total cost for all work described in the Scope of Services and Fee (Exhibit “A”) shall not exceed one hundred thousand dollars ($100,000.00) without prior written authorization from CITY. CONSULTANT shall bill the CITY for work provided and shall present a written request for such payment monthly.

3.2. Additional Services. CITY may, as the need arises or in the event of an emergency, request additional services of CONSULTANT. Should such additional services be required, CITY and CONSULTANT shall agree to the cost prior to commencement of these services.

3.3. Costs. Any costs billed to the CITY shall be approved in writing in advance and in accordance with any terms negotiated and incorporated herein as part of Exhibit “A” Scope of Services and Fee.

4. INDEPENDENT CONTRACTOR.

4.1. CONSULTANT is, for all purposes arising out of this AGREEMENT, an independent contractor. The CONSULTANT has and shall retain the right to exercise full control and supervision of all persons assisting the CONSULTANT in the performance of said services hereunder, the CITY only being concerned with the finished results of the work being performed. Neither CONSULTANT nor CONSULTANT’s employees shall in any event be entitled to any benefits to which CITY employees are entitled, including, but □
Agreement modified 3/11/2022 Page 3 of 23 City Attorney approved template June 2020 not limited to, overtime, retirement benefits, workers’ compensation benefits, injury leave or other leave benefits. CONSULTANT is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.

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

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

4.3 Indemnification for Employee Payments. CONSULTANT agrees to defend and indemnify the CITY for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the PERS, social security, salary or wages, overtime payment, or workers’ compensation payment which the CITY may be required to make for work done under this AGREEMENT.

4.4 The provisions of this section 4 are continuing obligations that shall survive expiration or termination of this AGREEMENT.

5. STANDARD OF PERFORMANCE.

While performing the PROFESSIONAL SERVICES, CONSULTANT shall exercise the reasonable professional care and skill customarily exercised by reputable members of CONSULTANT’s profession practicing in the metropolitan Southern California Area and will use reasonable diligence and best judgment while exercising its professional skill and expertise.

6. WARRANTY OF CONSULTANT’S LICENSE.

CONSULTANT warrants that CONSULTANT is properly licensed with the applicable government agency(ies) for any PROFESSIONAL SERVICES that require a license. If the CONSULTANT lacks such license, this AGREEMENT is void and of no effect.

7. AUDIT OF RECORDS.

7.1. At any time during mutually convenient normal business hours and as often as may be deemed necessary the CONSULTANT shall make available to a representative of CITY for examination all of its records with respect to all matters covered by this AGREEMENT and shall permit CITY to audit, examine and/or reproduce such records. CONSULTANT shall retain such financial and program service records for at least four (4) years after termination or final payment under this AGREEMENT.

7.2. The CONSULTANT shall include the CITY's right under this section in any and all of their subcontracts and shall ensure that these sections are binding upon all subcontractors.

8. CONFIDENTIALITY AND SECURITY.

Agreement modified 3/11/2022 Page 4 of 23 City Attorney approved template June 2020

8.1. Confidential Work Product. All professional services performed by CONSULTANT, including but not limited to all drafts, resulting data, correspondence, proposals, reports, research, and estimates compiled or composed by CONSULTANT, pursuant to this AGREEMENT, are for the sole use of the CITY, its agents and employees.

CONSULTANT shall protect personal customer energy consumption data obtained pursuant to this AGREEMENT as required by California Public Utilities Commission (CPUC) Decisions 11-07-056, 11-08-045, 14-05-016, and any other relevant or subsequent decision(s), Public Utilities Code § 8380, and any resulting nondisclosure or other contractual agreement between San Diego Gas & Electric (SDG&E) and CONSULTANT, including only disclosing to CITY resulting data that is aggregated and anonymized pursuant to these requirements. Neither the documents nor their contents shall be released to any third party without the prior written consent of the CITY. This provision does not apply to information that (a) was publicly known, or otherwise known to CONSULTANT, at the time that it was disclosed to CONSULTANT by the CITY, (b) subsequently becomes publicly known through no act or omission of CONSULTANT or (c) otherwise becomes known to CONSULTANT other than through disclosure by the CITY. Except for any subcontractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent of the CITY. The sole purpose of this section is to prevent disclosure of CITY’s confidential and proprietary information by CONSULTANT or subcontractors.

8.2. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this AGREEMENT, may be exposed to confidential information and that disclosure of such information could violate the rights of private individuals and entities, including the parties and third parties. Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law, and all other information protected by applicable law (“Confidential Information”). The party receiving Confidential Information (“Receiving Party”) of the other (“Disclosing Party”) shall not, and shall cause its employees and agents who are authorized to receive Confidential Information, not to, use Confidential Information for any purpose except as necessary to implement, perform or enforce this AGREEMENT or comply with its legal obligations.

Receiving Party will use the same reasonable efforts to protect the Confidential Information of Disclosing Party as it uses to protect its own proprietary information and data. The Receiving Party will not disclose or release Confidential Information to any third person without the prior written consent of the Disclosing Party, except for where required by law or for authorized employees or agents of the Receiving Party. Prior to disclosing the Confidential Information to its authorized employees or agents, Receiving Party shall inform them of the confidential nature of the Confidential Information and require them to abide by the terms of this AGREEMENT. Receiving Party will promptly notify Disclosing Party if Receiving Party discovers any improper use or disclosure of Confidential Information and will promptly commence all reasonable efforts to investigate and correct the causes of such improper use or disclosure. If Receiving Party believes the Confidential Information must be disclosed under applicable law, Receiving Party may do so provided that, to the extent permitted by law, the other party is given a reasonable notice and opportunity to contest such disclosure or obtain a protective order. Confidential Information does not include information that: (i) is or becomes known to the public without fault or breach of the Receiving Party; (ii) the Disclosing Party regularly discloses to third parties without restriction on disclosure; or (iii) the Receiving Party obtains from a third party without restriction on disclosure and without breach of a non-disclosure obligation. Confidential Information does not include Agreement modified 3/11/2022 Page 5 of 23 City Attorney approved template June 2020 any information that is required to be provided to the public pursuant to the laws of the United States and/or California such as the California Public Records Act, due to the nature of CITY being a local governmental agency. The non-disclosure and non-use obligations of this AGREEMENT will remain in full force with respect to each item of Confidential Information for a period of ten (10) years after the Receiving Party’s receipt of that item.

8.3. Enforcement. Each party acknowledges that any breach of any of the provisions of Section 8 of this AGREEMENT may result in irreparable injury to the other for which money damages would not adequately compensate. If there is a breach, then the injured party shall be entitled, in addition to all other rights and remedies which it may have, to have a decree of specific performance or an injunction issued by any competent court, requiring the breach to be cured or enjoining all persons involved from continuing the breach.

9. CONFLICTS OF INTEREST.

9.1. CONSULTANT shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including but not limited to California Government Code Section 81000 et seq. (Political Reform Act) and Section 1090 et seq. CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. CONSULTANT represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the CITY.

9.2. If, in performing the PROFESSIONAL SERVICES set forth in this AGREEMENT, the CONSULTANT makes, or participates in, a “governmental decision” as described in Title 2, Section 18700.3(a) of the California Code of Regulations, or performs the same or substantially all the same duties for the CITY that would otherwise be performed by a CITY employee holding a position specified in the department's conflict of interest code, the CONSULTANT shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing the CONSULTANT’s relevant financial interests.

9.3. If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act. Specifically, the CONSULTANT shall file a Fair Political Practices Commission Form 700 (Assuming Office Statement) within thirty (30) calendar days of the CITY’s determination that the CONSULTANT is subject to a conflict of interest code. The CONSULTANT shall also file a Form 700 (Annual Statement) on or before April 1 of each year of the AGREEMENT, disclosing any financial interests held during the previous calendar year for which the CONSULTANT was subject to a conflict of interest code.

9.4. CITY represents that pursuant to California Government Code Section 1090 et seq., none of its elected officials, officers, or employees has an interest in this AGREEMENT.

10. DISPOSITION AND OWNERSHIP OF DOCUMENTS.

10.1. CONSULTANT shall retain all rights and ownership to any pre-existing works, tools or models and any works created independently of this AGREEMENT. Only RESULTS or DELIVERABLES provided by CONSULTANT under this AGREEMENT, other than those previously provided to the CITY, shall become the property of CITY for use with respect to this PROJECT, and shall be turned over to the CITY upon completion of the PROJECT or any phase thereof, as contemplated by this AGREEMENT.
□
Agreement modified 3/11/2022 Page 6 of 23 City Attorney approved template June 2020

10.2. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this AGREEMENT, except upon the CITY’s prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer.

11. INSURANCE

11.1. CONSULTANT shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONSULTANT, their agents, representatives, employees or subcontractors.

Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than “A” and “VII” unless otherwise approved in writing by the CITY’s Risk Manager.

11.2. CONSULTANT’s liabilities, including but not limited to CONSULTANT’s indemnity obligations, under this AGREEMENT, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the CITY is entitled to thirty (30) days prior written notice of cancellation or non-renewal of the policy or policies, or ten (10) days prior written notice for cancellation due to non-payment of premium. Maintenance of specified insurance coverage is a material element of this AGREEMENT.

11.3. Types and Amounts Required. CONSULTANT shall maintain, at minimum, the following insurance coverage for the duration of this AGREEMENT:

11.3.1. Commercial General Liability (CGL). If checked the CONSULTANT shall maintain CGL Insurance written on an ISO Occurrence form or equivalent providing coverage at least as broad as CG 00 01 which shall cover liability arising from any and all personal injury or property damage, including ongoing and completed operations, in the amount no less than $2,000,000.00 per occurrence and subject to an annual aggregate of $4,000,000.00. If limits apply separately to this project (CG 25 03 or 25 04) the general aggregate limit shall not apply. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy. If the CONSULTANT or subcontractor maintains higher limits than the limits shown above, the CITY shall be entitled to coverage for the higher limits maintained by the CONSULTANT and their subcontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

Any excess or umbrella policies being used to meet the required limits of insurance will be evaluated separately and must meet the same qualifications as the CONSULTANT’s primary policy.

11.3.2. Commercial Automobile Liability. If checked the CONSULTANT shall maintain Commercial Automobile Liability Insurance for all of the CONSULTANT's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit no less than $1,000,000.00 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).

Agreement modified 3/11/2022 Page 7 of 23 City Attorney approved template June 2020

11.3.3. Workers' Compensation. If checked the CONSULTANT shall maintain Worker’s Compensation insurance for all of the CONSULTANT's employees who are subject to this AGREEMENT and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000.00 employers' liability coverage. The CONSULTANT shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives.

11.3.4. Professional Liability. If checked the CONSULTANT shall also maintain Professional Liability (errors and omissions) coverage with a limit no less than $1,000,000 per claim and $2,000,000 annual aggregate. The CONSULTANT shall ensure both that (1) the policy retroactive date is on or before the date of commencement of the Scope of Services; and (2) the policy will be maintained in force for a period of three years after substantial completion of the Scope of Services or termination of this AGREEMENT whichever occurs last. The CONSULTANT agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the CITY's exposure to loss. All defense costs shall be outside the limits of the policy. If CONSULTANT maintains higher limits than the limits shown above, the CITY shall be entitled to coverage for the higher limits maintained by the CONSULTANT. Any available proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

11.4. Self-Insured Retentions. Any self-insured retentions are the responsibility of the CONSULTANT and must be declared to and approved by the CITY. At the option of the CITY, either (1) the insurer shall reduce or eliminate such self-insured retentions as respects the CITY, its officers, officials, employees and volunteers, or (2) the CONSULTANT shall provide a financial guarantee satisfactory to the CITY guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

11.5. Additional Required Provisions. The commercial general liability, including any excess or umbrella policies being used to meet the required limits of insurance, and automobile liability policies shall contain, or be endorsed to contain, the following provisions:

11.5.1. The CITY, its officers, officials, employees, and representatives shall be named as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts, or equipment furnished in connection with such work or operations. The CITY's additional insured status must be reflected on additional insured endorsement form (20 10 1185 or 20 10 1001 and 20 37 1001) which shall be submitted to the CITY.

11.5.2. The policies are primary and non-contributory to any insurance that may be carried by the CITY, as reflected in an endorsement at least as broad as CG 20 01 04 13 which shall be submitted to the CITY. Any insurance or selfinsurance maintained by the CITY, its officers, officials, employees, or representatives shall be excess of the CONSULTANT’s insurance and shall not contribute with it.

11.6. Verification of Coverage. CONSULTANT shall furnish the CITY with original certificates and amendatory endorsements effecting coverage required by this Section 11, as well as a complete, certified copy of any general liability policy being used to meet Agreement modified 3/11/2022 Page 8 of 23 City Attorney approved template June 2020 the required limits of insurance, which shall include the declaration pages, a schedule of forms listing all policy endorsements, and all policy forms. The endorsements should be on forms approved by the CITY or on other than the CITY’s forms provided those endorsements conform to CITY requirements. All certificates and endorsements are to be received and approved by the CITY before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time if required for anticipated or filed claims, demands, costs or liabilities. The CITY shall disclose the reason for the requested insurance policies before CONSULTANT discloses. The CITY shall always maintain CONSULTANT’s insurance policies as nonpublic confidential information subject to the protection, notice, and disclosure requirements of 8.2 and 8.3.

11.7. Special Risks or Circumstances. CITY reserves the right to modify these requirements, including limits, based on the nature of risk, prior experience, insurer, coverage, or other special circumstances.

12. INDEMNIFICATION.

CONSULTANT agrees to indemnify, defend (with counsel acceptable to CITY), and hold harmless the CITY, and its officers, officials, agents and employees from any and all claims, demands, costs or liabilities that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its employees, agents, and subcontractors in the performance of or failure to perform services or obligations under this AGREEMENT. CONSULTANT’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the CITY or its elected officials, officers, agents, and employees.

CONSULTANT's indemnification obligations shall not be limited by the insurance provisions of this AGREEMENT. The PARTIES expressly agree that any payment, attorney's fees, costs or expense CITY incurs or makes to or on behalf of an injured employee under the CITY's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this AGREEMENT.

13. SUBCONTRACTORS.

13.1. The CONSULTANT’s hiring or retaining of third parties (i.e. subcontractors) to perform services related to the PROJECT is subject to prior written approval by the CITY.

13.2. All contracts entered into between the CONSULTANT and its subcontractor shall also provide that each subcontractor shall obtain insurance policies which shall be kept in full force and effect during any and all work on this PROJECT and for the duration of this AGREEMENT. The CONSULTANT shall require the subcontractor to obtain, all policies described in Section 11 in the amounts required by the CITY, which shall not be greater than the amounts required of the CONSULTANT.

13.3. In any dispute between the CONSULTANT and its subcontractor, the CITY shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The CONSULTANT agrees to defend and indemnify the CITY as described in Section 12 of this AGREEMENT should the CITY be made a party to any judicial or administrative proceeding to resolve any such dispute.

14. NON-DISCRIMINATION.

CONSULTANT shall not discriminate against any employee or applicant for employment because of sex, race, color, age, religion, ancestry, national origin, military or veteran status, disability, Agreement modified 3/11/2022 Page 9 of 23 City Attorney approved template June 2020 medical condition, genetic information, gender expression, marital status, or sexual orientation.

CONSULTANT shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their sex, race, color, age, religion, ancestry, national origin, military or veteran status, disability, medical condition, genetic information, gender expression, marital status, or sexual orientation and shall make reasonable accommodation to qualified individuals with disabilities or medical conditions. Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by CITY setting forth the provisions of this non-discrimination clause.

15. NOTICES.

All communications to either party by the other party shall be delivered to the persons listed below.

Any such written communications by mail shall be conclusively deemed to have been received by the addressee five (5) calendar days after the deposit thereof in the United States mail, postage prepaid and properly addressed as noted below.

Dan King, Assistant City Manager Scott J. Anders, Director City of Solana Beach Energy Policy Initiatives Center
635 S. Highway 101 University of San Diego
Solana Beach, CA 92075 Pardee Legal Research Center
5998 Alcala Park
San Diego, CA 92110

16. ASSIGNABILITY.

This AGREEMENT and any portion thereof shall not be assigned or transferred, nor shall any of the CONSULTANT’s duties be delegated or sub-contracted, without the express written consent of the CITY.

17. RESPONSIBILITY FOR EQUIPMENT.

CITY shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment owned by CONSULTANT which are used by CONSULTANT’s employees or subcontractors.

18. CALIFORNIA LAW; VENUE.

This AGREEMENT shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this AGREEMENT shall be brought in the county of San Diego, California. CONSULTANT hereby waives any and all rights it might have pursuant to California Code of Civil Procedure Section 394.

19. COMPLIANCE WITH LAWS.

The Consultant shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this AGREEMENT whether now in force or subsequently enacted. This includes maintaining a City of Solana Beach Business Certificate.

20. ENTIRE AGREEMENT.

This AGREEMENT sets forth the entire understanding of the PARTIES with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein. No change, alteration, or modification of the terms or conditions of this AGREEMENT, and no verbal understanding of the PARTIES, their officers, Agreement modified 3/11/2022 Page 10 of 23 City Attorney approved template June 2020 agents, or employees shall be valid unless agreed to in writing by both PARTIES.

21. NO WAIVER.

No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this AGREEMENT, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this AGREEMENT shall constitute a waiver of any such breach of such covenant, term or condition.

22. SEVERABILITY.

The unenforceability, invalidity, or illegality of any provision of this AGREEMENT shall not render any other provision unenforceable, invalid, or illegal.

23. DRAFTING AMBIGUITIES.

The PARTIES agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this AGREEMENT, and the decision of whether or not to seek advice of counsel with respect to this AGREEMENT is a decision which is the sole responsibility of each Party. This AGREEMENT shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the AGREEMENT.

24. CONFLICTS BETWEEN TERMS.

If an apparent conflict or inconsistency exists between the main body of this AGREEMENT and the Exhibits, the main body of this AGREEMENT shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this AGREEMENT, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this AGREEMENT, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this AGREEMENT.

25. EXHIBITS INCORPORATED.

All Exhibits referenced in this AGREEMENT are incorporated into the AGREEMENT by this reference.

Agreement modified 3/11/2022 Page 11 of 23 City Attorney approved template June 2020

26. SIGNING AUTHORITY.

26.1. The representative for each Party signing on behalf of a corporation, partnership, joint venture, association, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, association, or entity and agrees to hold the other Party or PARTIES hereto harmless if it is later determined that such authority does not exist.

IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year first hereinabove written.

CITY OF SOLANA BEACH, a municipal
corporation
Energy Policy Initiatives Center, a California
nonprofit corporation
By: By:

City Manager, Gregory Wade Signature
Print Name and Title
ATTEST:

City Clerk. Angela Ivey, CMC
APPROVED AS TO CONTENT:

Dan King, Assistant City Manager
APPROVED AS TO FORM:

City Attorney, Johanna N. Canlas
Agreement modified 3/11/2022 Page 12 of 23 City Attorney approved template June 2020 EXHIBIT “A”

SCOPE OF SERVICES AND FEE
Task 1: Attend Project Meetings
EPIC and Ascent team members will attend the following meetings, as needed.

1.1 Attend Kick-Off Meeting
Within one week of executing the project agreement, the EPIC-Ascent team will participate in a kickoff meeting with City of Solana Beach staff to discuss project scope and schedule, establish roles, responsibilities, and communications protocols, and receive direction on initial tasks.

1.2 Attend Regular Project Meetings or Conference Calls EPIC and Ascent staff will participate in project update meetings or calls, as determined by City staff. The purpose of the meetings includes but is not limited to review progress, discuss any challenges or pending decisions, and to plan future project activities.

1.3 Conduct Meetings with Relevant Staff and City Departments Our team will coordinate with staff to conduct meetings with all relevant City Department staff.

The meetings will be used to discuss and receive feedback on CAP targets, feasibility of candidate measures, roles and responsibilities for implementing the CAP Actions, developing detailed tasks to implement the CAP Actions. These meetings will inform the CAP measure Benefit-Cost Analysis and implementation monitoring procedures.

1.4 Attend Public Meetings
EPIC and Ascent will attend related public meetings, including public engagement events and City Council meetings as needed throughout the project.

Task 1 Work Products:
• Kick-off meeting
• Project meetings with City staffs
• Meetings with City departments
• Support of City staff in preparing reports, presenting (at up to two meetings), and obtaining approval of the CAP (limited to answering questions about technical information in the CAP)
Task 2: Develop and Implement Public Engagement Plan
Public engagement is an important component to nearly every aspect of the CAP update project. Feedback gathered through this process will inform CAP measure selection, target considerations, benefit-cost analysis, and the implementation monitoring tasks.

2.1 Develop Draft and Final Public Engagement Plan
Develop a public engagement plan. The plan’s overarching goal is to foster broad engagement and to reach communities and individuals that are traditionally underrepresented in local government processes including, but not limited to, the Eden Gardens Community.

Engagement plan objectives will be finalized in coordination with the City, and include the following priorities:

Agreement modified 3/11/2022 Page 13 of 23 City Attorney approved template June 2020 • Procedural Equity: Targeted outreach efforts, such as working with communitybased organizations and identifying community champions, to understand the needs and priorities of underrepresented groups.
• Accessibility and parity: During webinars or public workshops using Zoom or other digital platforms, the Consultant shall use the platforms’ translation, active polling, breakout rooms, and Q&A functions. May also include designing engagement activities to ensure parity between any online and in-person activities. • Building on the City’s Strengths: The City has active social media channels and email listservs with up-to-date stories and announcements. The engagement plan will support use of existing communication channels by the City’s communication channels to raise awareness of the CAP update, circulate workshop and event announcements, and solicit high-level input through tools such as surveys and questionnaires.

This public engagement plan will support the City in identifying community needs and perspectives, facilitate robust discussion to create mutual understanding, and result in thoughtfully crafted CAP measures that are feasible, equitable, and have stakeholder and community support. The plan will consist of the following components: outreach objectives, timeline, stakeholder identification and recruitment strategies, outline of the public workshops and stakeholder meetings, and a variety of other outreach methods lead through the City’s communication channels. The engagement plan will also include a figure and description of how the outreach, CAP update, and environmental review processes align.

2.2 Public Engagement Plan Implementation
Consultant shall support the implementation of the public engagement plan by preparing draft and final presentations and meeting materials for up to three City-led engagement events.

The materials will clearly communicate the purpose of the CAP, why public engagement is important, and how the community and stakeholders can be involved. These materials will be developed with key stakeholders in mind, such as City Council members, local industry and business groups, neighborhood associations, environmental organizations, and youth groups.

This scope of work includes attendance at and facilitation for one virtual public workshop (assumed to be one of the three City-led engagement events). The workshop structure would be determined during development of the public engagement plan under Subtask 2.1, and might include real-time electronic polling options and themed breakout groups to discuss specific categories of CAP measures.

In addition, survey questions shall be developed that can be administered online or in hardcopy format during City-led engagement events and workshops.

Task 2 Work Products:
• Draft and final public engagement plan (draft includes one cycle of comments from the City and one round of review) (electronic)
• Draft and final presentations and meeting materials for up to three City-led engagement events (electronic)
Agreement modified 3/11/2022 Page 14 of 23 City Attorney approved template June 2020 • Attendance and facilitation for one virtual public workshop (assumed to be one of the three City-led engagement events)
• One draft and final set of survey questions to administer during City-led engagement events and workshops (electronic) (draft includes one round of comments from the City and one round of review)
Task 3: Identify CAP Measures
Based upon early public input and external CAP review, the project team will work with Staff to identify candidate measures to reduce or remove emissions.

3.1 Review City of Solana Beach CAP Measures
EPIC will review existing CAP measures to determine if any revisions are needed based on current implementation process and the impact of latest California regulations..

3.2 Review Existing CAP Measures in the Region and State EPIC will review CAP measures adopted in CAPs in the San Diego region and other notable cities around California, including those with similar characteristics to identify candidate CAP measures.

3.3 Prepare a List of Candidate CAP Measures
Based on the results of the review of existing measures, EPIC’s CAP measure database, other CAPs around the state, and feedback from the public and city departments, EPIC will develop a list of candidate measures for consideration by Solana Beach staff. The final list of candidate measures will be evaluated in subsequent tasks.

Task 3 Work Products:
• Matrix of candidate CAP measures
Task 4 Estimate GHG Impacts of CAP Measures
Once a pool of candidate CAP measures is identified, EPIC will estimate the GHG reduction potential for each candidate measure.

4.1 Collect Data
Based on previous work in the region and specifically with City of Solana Beach, EPIC will identify data needs and work with city staff, relevant city departments, and third-party agencies (e.g.,SANDAG), to collected data for GHG reduction potential calculation.

4.2 Calculate GHG Reduction Values
Using the methods included in SANDAG’s ReCAP Appendix II: GHG Reduction Calculation Methods for CAP Measures, EPIC will estimate the GHG reduction impacts of all candidate measures.

4.3 Develop Technical Document
EPIC will summarize the GHG reductions estimates and methods used for each candidate measures in a technical document.

Task 4 Work Products:
• Spreadsheet with preliminary results
Agreement modified 3/11/2022 Page 15 of 23 City Attorney approved template June 2020 • Draft and final report on results and method to estimate GHG impacts of CAP measures
Task 5 Complete a Benefit-Cost Analysis on Draft CAP Measures EPIC will estimate the benefits and costs for draft CAP measures and will work with City staff to determine the final list of measures to be considered. For this task, EPIC will estimate benefit-cost ratios, cost-per-metric ton of GHG reduction values, and identify co-benefits to help understand the cost-effectiveness of candidate CAP measures, including the financial impacts to residents and businesses. The methods used to complete the CAP Benefit-Cost Analysis will be consistent with the SANDAG ReCAP Framework Technical Appendix III.

5.1 Review Candidate CAP Measures to Determine Data Needs EPIC will review draft CAP measures to determine what data will be needed to conduct the benefit cost analysis and recommend next steps to collect needed data. EPIC will identify data gaps for each measure and provide a matrix to City staff to determine if any data is available internally (e.g., tree planting costs, land acquisition costs, electric vehicle charging installation costs).

5.2 Collect Data
EPIC will work with City staff and meet with appropriate department representatives, if needed, to collect cost data related to candidate CAP measures that focus on municipal operations. EPIC will also conduct necessary research to identify and collect additional data needed to estimate the benefits and costs for all other CAP measures.

5.3 Develop Benefit-Cost Analysis Tool
Based on the list of candidate CAP measures prepared in Task 3, EPIC will build a spreadsheet tool to calculate benefit-cost ratios and dollar-per-metric ton values for each measure. If needed, EPIC will develop benefit-cost analysis methods for those draft CAP measures for which a method has not already been established. In general methods used will be consistent with those summarized in the SANDAG ReCAP Framework Technical Appendix III.

5.4 Conduct Benefit-Cost Analysis
EPIC will estimate benefit-cost ratios and dollar-per metric ton values for draft CAP measures based on assumptions and target year(s) used in the development of the CAP. Methods will consider upfront and ongoing costs, any cost reductions due to subsidies, and benefits received over the life of the activity specified in each CAP measure. Once finalized, EPIC will analyze and compile results into a series of summary tables and figures formatted and developed so that, if needed, they can be used to communicate the information to City Council and other related committees/commissions as needed.

5.5 Identify Co-Benefits
EPIC will identify co-benefits related to candidate CAP measures. Co-benefits will include nonmonetary benefits provided by CAP measures in addition to GHG reductions, such as positive impacts on air quality, public health, and equity. EPIC will conduct research as necessary to compile a list of co-benefits by CAP measure to be presented alongside benefitcost analysis results for additional context.

5.6 Develop CAP Measure Benefit-Cost Draft and Final Reports Agreement modified 3/11/2022 Page 16 of 23 City Attorney approved template June 2020 EPIC will develop a draft report outline for staff review. Based on staff feedback on the outline and the outcome of other meetings and guidance from other project tasks, EPIC will develop a draft report to summarize the findings from the CAP benefit-cost analysis for staff review.

Based on staff feedback, EPIC will develop a final report to summarize the findings from the CAP benefit-cost analysis.

Task 5 Work Products:
• Summary of Data Needs
• CAP Measure Benefit-Cost Analysis Preliminary Results Tables and Figures • List of CAP Measure Co-Benefits
• CAP Measure Benefit-Cost Analysis Draft and Final Report Outline • CAP Measure Benefit-Cost Analysis Draft and Final Report Task 6 Evaluate Candidate CAP Measures
Based on estimated GHG reduction potential, results of the benefit-cost analysis, potential co-benefits, and stakeholder feedback, EPIC will work with staff to evaluate candidate measures.

6.1 Develop Measure Selection Criteria
EPIC will evaluate candidate measures using selection criteria determined by city staff, including stakeholder feedback gathered during the public engagement, implementation feasibility gathered during internal city department engagement, cost, number of co-benefits, and GHG reduction potential.

6.2 Develop Evaluation Matrix
EPIC will develop a decision-making tool to help city staff understand the tradeoffs among candidate CAP measures. This matrix will include candidate measures with measure description, performance metrics, selection criteria, and GHG reduction.

Task 6 Work Products:
• Potential selection criteria
• Evaluation matrix
Task 7 Integrate Social Equity Considerations
Social equity considerations cut across nearly all aspects of a CAP. EPIC will support integration of social equity throughout the CAP. In EPIC’s analysis of local policies for the Regional Decarbonization Framework, we identified numerous ways to integrate social equity into the climate planning process.1 We will draw on that initial work to help Solana Beach staff integrate social equity considerations into their CAP update process and document.

7.1 Define Social Equity
EPIC will work with staff to develop a definition for social equity. EPIC will conduct a literature review to identify existing definitions, particularly those used in a climate action planning context.

7.2 Develop Social Equity Objectives
EPIC will work with staff to develop social equity objectives for the CAP. These can include overall goals for social equity and also more specific objectives for each CAP measure. An Agreement modified 3/11/2022 Page 17 of 23 City Attorney approved template June 2020 example of an overall objective would be to prioritize certain measures in communities of concern. An example of a specific objective would be to plant 50% of the CAP tree planting goal in communities of concern.

7.3 Prepare a Memo Summarizing Options to Integrate Social Equity into Climate Planning Cycle
Using the definitions and objectives from the above tasks, EPIC will prepare a brief memo summarizing options to integrate social equity into each step of the climate planning cycle, including CAP development, implementation, and monitoring. Given the current scope and anticipated budget of this project, it may not be possible to conduct detailed analysis during the CAP development process to adequately develop social equity-based measures and specific goals for communities of concern.

Task 7 Work Products:
• Memo summarizing options to integrate social equity into the CAP Task 8 Evaluate Existing GHG Reduction Targets
EPIC will evaluate Solana Beach’s existing GHG reduction targets to determine whether it would be necessary to update overall emissions targets and whether additional GHG reduction measures would be needed to reach an updated target.

8.1 Assess Target Options
Based on work completed to develop the original CAP and our team’s knowledge of statewide guidance, EPIC will work with staff to determine whether it is necessary to extend the target year beyond 2035, including whether and how to incorporate a carbon neutrality goal.

8.2 Project GHG Emissions
Projecting emissions is an important step in determining the amount reductions necessary to reach emissions target. Based on work with SANDAG to develop inventories and collect activity data, EPIC proposes to use the 2018 Solana Beach GHG inventory and 2019 activity data developed under ReCAP as baseline for projection. Also, EPIC would propose to use SANDAG’s Series 14 Growth Forecast and Vehicle Miles Traveled Data for Solana Beach as basis for the emissions projection. If Series 14 data are not available, EPIC will evaluate other projection data sources with City staff and determine the appreciate option.

8.3 Prepare Memo on GHG Target Options and Approaches
EPIC will develop a memo that includes data sources and methods to project business-asusual GHG projections, analysis to show the projected impact of the latest California regulations, evaluation of existing GHG reduction targets in relation to updated GHG projections, and potential new target options, if needed.

Task 8 Work Products:
• Draft and final memo on GHG target options
Task 9 Develop CAP Implementation Monitoring Procedures Based on previous work for the City of Solana Beach, including an implementation cost analysis to estimate the budget impacts of CAP measures, EPIC will work with staff to develop implementation monitoring procedures. EPIC will integrate and leverage work its work Agreement modified 3/11/2022 Page 18 of 23 City Attorney approved template June 2020 supporting SANDAG’s Climate Action Data Portal, including ReCAP Snapshots, and ensure that monitoring activities are consistent with those presented in SANDAG’s ReCAP Appendix VI: CAP Monitoring and Reporting.

9.1 Develop CAP Implementation Data Requirements
EPIC will work with Solana Beach staff to identify the data required to determine and prioritize how actions will be implemented, including the level of implementation (e.g., mandatory or voluntary), department and staff responsible for implementation, near-term and long-term steps, key performance indicators, funding opportunities, and monitoring metrics. Our team has worked with numerous jurisdictions to support implementation plans and implementation cost analysis and is very familiar with the components of CAP implementation plan.

9.2 Collect Relevant Information from City Departments
EPIC will collect as much data as possible on its own to minimize the burden on Solana Beach staff. Given the internal nature of much of the data, it is anticipated that much of the data will be provided by Solana Beach staff. EPIC has worked with city staff across the region to collect data and will develop processes to facilitate this process. One option is to develop a data collection template. EPIC will work with staff and relevant city departments to determine the best way to collect relevant data.

9.3 Develop Implementation Content for CAP
Once all relevant information is collected, EPIC will develop content for the implementation and monitoring section of the CAP. EPIC will work with Ascent to determine the best format for the CAP document and process to complete this task.

9.4 Develop Implementation Monitoring Memo
Based on work already completed for CAP management and similar work previously completed in the region, EPIC will work with staff to develop a process for future CAP implementation and monitoring procedures.

Task 9 Work Products:
• Draft and final data collection template
• Draft and final Implementation Monitoring Procedures Memo Task 10 Prepare Appropriate CEQA Documentation
In consultation with City staff, Ascent will prepare CEQA documentation for the updated CAP.

10.1 Prepare Administrative Draft CEQA Strategy Memo and Within-the-Scope Findings
Ascent will work with the City to determine the appropriate level of environmental review to support adoption of the CAP developed in Task 11. Ascent will consider previous efforts completed by the City to maximize CEQA streamlining opportunities. For example, the actions under the proposed CAP update would be applied to development and other projects in the city as part of General Plan implementation. Ascent intends to maximize use of this and other previous environmental analysis, where feasible, to reduce the need for new analysis, reduce schedule, and realize cost efficiencies. The degree to which streamlining opportunities can be realized, however, does depend on the type of plan developed as part of this scope of work and whether physical environmental changes would occur as a result of plan adoption.

Agreement modified 3/11/2022 Page 19 of 23 City Attorney approved template June 2020 The ability to use the General Plan EIR for CEQA coverage of the CAP is greater and allows the City to develop either within-the-scope findings, consistent with CEQA Guidelines Section 15168, or an addendum to the General Plan EIR. Other options include use of a Categorical Exemption (e.g., Class 8) with a supporting technical memorandum that provides evidence in support of that decision. Upon completion of the Draft CAP, Ascent will meet with the City to discuss and confirm approach (including preparation of a CEQA Strategy Memo) and then prepare a draft within-the-scope findings document, consistent with CEQA Guidelines Section 15168. The document would resemble the Appendix G Checklist and would provide substantial evidence in support of the City’s determination for the CAP.

10.2 Prepare Final CEQA Strategy Memo and Within-the-Scope Findings Upon receipt of one set of consolidated and reconciled comments from the City, Ascent will finalize the within-the-scope findings for inclusion as part of the consideration/approval package for Planning Commission/City Council hearings. Should the City elect to proceed with an addendum instead, the cost and effort associated with the addendum is considered to be equivalent to a within-the-scope findings document. Ascent will alert the City of the need for a different level of CEQA coverage, if necessary, as measures are finalized. These options for additional CEQA coverage are included under Optional Tasks 4 and 5. The general scope and total cost for preparation of a negative declaration/mitigated negative declaration or EIR are provided for the optional tasks. Ascent will work the City to refine this scope and cost if a different level of CEQA coverage is deemed necessary.

Task 10 Work Products:
• Administrative draft and final draft of CEQA Strategy Memo and within-the-scope findings (draft includes one round of comments from the City and one round of review) (electronic)
Task 11 Prepare Draft and Final CAP Update
Ascent and EPIC supported SANDAG in developing the Regional Climate Action Planning Framework (ReCAP) and will use this knowledge to efficiently prepare a comprehensive CAP update that aligns with the ReCAP guidance and best practices. We will prepare an administrative draft of the CAP update for review by City staff. This effort will include assembly and integration of the work and products of prior tasks into the CAP document. The CAP document will also build off the prior efforts of the 2017 CAP according to updated policies and state mandates and the latest technology and science on climate change and GHG reductions.

11.1 Prepare Administrative Draft CAP Document
The organization and format of the administrative draft CAP is anticipated to build from the existing 2017 CAP document and will incorporate additional sections/chapters according to this scope. Climate adaptation was not addressed in the 2017 CAP but will be included as an additional chapter or section of the updated CAP.

Additionally, the CAP update will build from the 2017 CAP by covering all facets of social equity based on efforts under Task 7 of this scope. As a long-range, far-reaching City planning document that incorporates multiple topics, the CAP will be a valuable resource to begin advancement toward equity in Solana Beach.

Agreement modified 3/11/2022 Page 20 of 23 City Attorney approved template June 2020 The CAP shall include all relevant information consistent with State CEQA Guidelines Section 15183.5.

Ascent will prepare administrative draft documents and submit them to the City for review and comment. This version will not include the final graphic design; rather, the goal will be to receive City feedback and approval on content.

11.2 Prepare Public Draft CAP Document
Following receipt of City comments on the administrative draft CAP, Ascent will prepare a public draft version. The CAP will be tailored to the City’s preferred format and place an emphasis on providing information visually using maps, graphics, tables, and matrices in a Microsoft Word template. Explanatory text will read clearly and concisely.

11.3 Prepare Final CAP Document
Following public review, our team will work with City staff to review comments received and identify any potential changes needed to the public draft CAP. We assume City staff will be responsible for tracking and organizing public comments received and written responses to public comments. For no more than 10 hours, Consultant will provide technical support on preparation of responses to comments on the CAP, if desired. The City will provide direction to our team for appropriate revisions to the plan in response to public comments. We will prepare a final CAP for the City for the adoption process. This task assumes minimal editorial revisions to the document and no changes to the technical data. If comments necessitate substantive changes to the technical analysis, our team will work with the City to determine added cost.

11.4 Public Hearings
The Consultant team will attend and present at City briefings as requested by City staff. This subtask assumes that Consultant’s principal-in-charge and project manager will each prepare for and attend up to one Commission meeting and one City Council meeting for CAP approval, as well as assist with preparation of one presentation. Additional hearing attendance and presentations can be supported with added costs.

Task 11 Work Products:
• Administrative draft CAP in Microsoft Word (draft includes one round of comments from the City and one round of review) (electronic)
• Public draft CAP in Microsoft Word and PDF (draft includes one round of comments from the City and one round of review) (electronic)
• Final CAP (electronic)
• Support City staff in preparing one presentation (at up to two meetings) (electronic) Agreement modified 3/11/2022 Page 21 of 23 City Attorney approved template June 2020 Fee Schedule
The tables below list the hourly rates for all staff positions participating in the proposed activities. Note that EPIC provided rates representing the fiscal years that are included in the project duration. EPIC will invoice at the applicable rate. Ascent’s rates will be applicable throughout the project.

Project Cost by Task
EPIC Hourly Rates Ascent Environmental Hourly Rates
FY21-22 FY 22-23
Position Rate Rate
Director $122.83 $126.51 Position Rate
Assistant Di rector $96.62 $99.52 Principal-in-Charge 5265.00 Staff Attorney $77.43 $79.75 Project M anager 5130.00
Communications Directo r $69.78 $71 .87 GHG Analyst S135.00 Technical Po licy Analyst $65.25 $67.21
Outreach Specialist 5185.00
CEQA Advisor 5250.00
CEQA Project Manager 521 5.00
CEQA Analyst S145.00
Graphics Specialist 5115.00
WP/ Admin 5125.00
Project Tasks EPIC Ascent Total
1 Attend Project Meetings $5,000 $1,450 $6,450
2 Develop and Implement Public Engagement Plan $1,500 $15,000 $16,500 3 Identify CAP Measure s $2,000 $0 $2,000
4 Estimate GHG Impacts of CAP Measures $10,000 $0 $10,000 5 Complete a Benefit-Cost Analysis on Draft CAP Measure s $13,000 $0 $13,000 6 Evaluate Candidate CAP Measures (EPIC) $4,500 $0 $4,500 7 Integrate Social Equity into CAP $4,550 $0 $4,550
8 Evaluate Exist ing GHG Reductio n Targets (EPIC) $2,000 $0 $2,000 9 Develop CAP Impleme ntation Monitoring Procedures $5,000 $0 $5,000 10 Prepare Appropriate CEQA Documentation $1,000 $20,000 $21,000 11 Prepare Draft and Final CAP $1,000 $14,000 $15,000
Total $ 49,550 $50,450 $100,000
Agreement modified 3/11/2022 Page 22 of 23 City Attorney approved template June 2020 Optional Tasks
These optional tasks are intended to provide flexibility to increase the amount of effort for proposed tasks. These tasks would supplement the scope of work presented above and would only be completed at the direction of staff.

Optional Task 1: Additional Public Engagement Workshops Consultant will work with the City to conduct additional workshops and public engagement events as desired. This includes developing presentation and outreach materials, as well as meeting facilitation. This optional task presents the cost per additional outreach event.

Optional Task 1 - Work Products
• Draft and final presentation and materials for one public workshop (electronic) • Attendance at and facilitation of one public workshop Optional Task 2: Translation Services
Consultant will contract with a service to provide language translations for one public workshop and engagement flyers, handouts, and tailored communications materials.

Optional Task 2 - Work Products
• Translator attendance at one public workshop
• Translated flyers, handouts, and tailored communications materials as specified in Task 2.2
Optional Task 3: Implementation Cost Analysis
EPIC can prepare Implementation Cost Analysis to estimate the cost to the City of Solana Beach to implement CAP measures.

Optional Task 3 - Work Products
• Data collection template
• Spreadsheet of initial results
• Draft and final reports
• Draft and final presentation
Optional Task 4: Additional CEQA Coverage, Negative Declaration/Mitigation Negative Declaration
Consultant will prepare an administrative draft, screencheck draft, and public draft initial study (IS) and negative declaration (ND) or mitigated negative declaration (MND) for the City.

Consultant will also prepare a Notice of Intent to Adopt the ND or MND. The City will be responsible for document distribution and publication of notices. Consultant will prepare a response to comments memo to address comments on the draft CEQA document. If the appropriate CEQA document is determined to be an ND/MND, Consultant will provide a detailed scope of work and budget to the City for a contract amendment.

Optional Task 4 - Work Products
• Administrative and screencheck draft IS/ND or IS/MND (electronic) • Public review draft IS/ND or IS/MND (electronic)
• Draft and final Notice of Intent to Adopt the ND or MND Agreement modified 3/11/2022 Page 23 of 23 City Attorney approved template June 2020 • Draft and final response to comments memorandum (electronic) Optional Task 5: Additional CEQA Coverage, Environmental Impact Report Consultant will prepare an administrative draft, screencheck draft, and public draft environmental impact report (EIR) for the City based on reviewer comments. Consultant will also prepare a Notice of Preparation (NOP) and Notice of Availability (NOA). The City will be responsible for document distribution, publication of notices, and coordination and facilitation of public meetings.

Consultant will prepare a separate section of the EIR to respond to comments on the Draft EIR. We assume up to 40 hours of technical staff work to respond to comments and assume no new analysis will be needed. The entire EIR will not be reproduced for the Final EIR; rather, any changes to the Draft EIR will be shown in the response to comments document.

If the appropriate CEQA document is determined to be an EIR, Consultant will provide a detailed scope of work and budget to the City for a contract amendment.

Optional Task 5 - Work Products
• Draft and final NOP (electronic)
• Administrative and screencheck Draft EIR (electronic) • Draft and final NOA (electronic)
• Public review Draft EIR (electronic)
• Administrative/screencheck Final EIR (electronic)
• Final EIR (electronic)
Fee Schedule for Optional Tasks
Optional Tasks EPIC Ascent Total
# 1 Addit ional Public Engagement Workshops $0 $5,000 $5,000 #2 Translation Services $0 $5,000 $5,000
#3 Implementation Cost Analysis $115,000 $0 $15,000
#4 Addit ional CEOA Cove rage, ND/ MN D $0 $115,000 $15,000 #5 Addit ional CEOA Cove rage, Focused EIR $0 $ 150,000 $ 150,000 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: July 13, 2022
ORIGINATING DEPT: Community Development Department
SUBJECT: Public Hearing: Request for a Development Review Permit for a New Detached Garage with Art Studio and Perform
Associated Site Improvements at 1005 Highland Drive
(Case # DRP21-016; Applicant: Kimberly and John Novak;
APN: 298-391-04-00; Resolution No. 2022-086)
BACKGROUND:

The Applicants, Kimberly and John Novak, are requesting City Council (Council) approval of a Development Review Permit (DRP) to construct a 1,786 square foot detached garage with a 676 square foot art studio and perform associated site improvements on an existing developed single family lot. The 35,719 square-foot lot is located at 1005 Highland Drive and is within the Estate Residential (ER-2) Zone and Dark Sky Overlay Area.

The Applicants propose grading in the amount of 1,500 cubic yards of cut, 250 cubic yards of fill and 1,250 cubic yards of export. The maximum building height is proposed at

15.8 feet above existing grade and 205.4 feet above mean sea level (MSL). The project requires a DRP for construction that involves an aggregate of more than 100 cubic yards of cut and/or fill.

The issue before the Council is whether to approve, approve with conditions, or deny the Applicants’ request as contained in Resolution 2022-086 (Attachment 1).

DISCUSSION:

The subject property is located on the east side of Highland Drive. The 35,719 squarefoot lot is irregularly shaped, with residential properties to the north, south and east. The topography of the subject site slopes down from the rear of the property westerly to Highland Drive with an approximately 30-foot grade differential.

The site is currently developed with a 2,803 square-foot two-story, single-family residence with an attached 442 square-foot garage. The proposed 1,728 square-foot garage would July 13, 2022
DRP21-016 Novak Residence

Page 2 of 9 ends

allow for two (2) conforming parking spaces. Since the parking spaces provided in the proposed garage would comply with the Off-Street Parking Design Manual (OSPDM), the project would qualify for a 400 square foot floor area exemption. Therefore, the total proposed floor area would be 5,249 square feet. The maximum proposed building height would be 15.8 feet above existing grade. The project would also include associated site improvements including grading, improving the existing driveway to the new garage, and landscaping. The project plans are provided in Attachment 2.

Table 1 (below) provides a comparison of the Zoning regulations with the Applicants’ proposed design.

Table 1

LOT INFORMATION
Property Address:

Lot Size:

Max. Allowable FAR
Proposed Total SF
Below Max. SF by
Max. Allowable Height:

Max. Proposed Height:

Highest Point/Ridge:
1005 Highland Dr.
35,719 SF
9,858 SF
5,649 SF
4,209 SF

25.00 ft

15.8 ft
205.4 MSL
Zoning Designation:
# of Units Allowed:
# of Units
Requested:

Estate Residential (ER)
1 SFR, 1 ADU, 1 JADU
1 SFR (existing)
Setbacks: Required Proposed
Front (W) 25’ – 0” 72’ – 0”
Side (N) 10’ – 0” 10’ – 0”
Side (S) 10’ – 0” 97’ – 0”
Rear (E) 40’ – 0” 110’ – 0”

PROPOSED PROJECT INFORMATION
Square Footage / Floor Area Breakdown:

Existing SFD Area: 2,803 SF
Existing Garage Area: 442 SF
Proposed Garage:

Proposed Art Studio:
1,728 SF
676 SF
Subtotal: 5,649 SF
Garage Exemption: - 400 SF
Total Proposed Floor Area: 5,249 SF
Required Permits:

DRP: A DRP is required for construction that
involves an aggregate of more than 100 cubic yards
of cut and/or fill.

Proposed Grading: 1,500 CY Aggregate Grading
(Cut: 1,500 CY; Fill 250 CY; Export: 1,250 CY)
Proposed Parking: Detached 1,728 SF garage
Proposed Fences and Walls: Yes
Proposed Accessory Dwelling Unit: No
Proposed Accessory Structure: Yes; Garage
and Art Studio
Existing Development:

Single-Family Residence and Garage
Development Review Permit Compliance (SBMC Section 17.68.40):

A DRP is required because the proposed site development and construction involves an aggregate of more than 100 cubic yards of cut and/or fill. The project proposes an aggregate of 1,500 cubic yards of cut and fill.

July 13, 2022
DRP21-016 Novak Residence

Page 3 of 9 ends

The project must 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 2022-086. 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 applicant 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 property is located within the ER Zone. Properties to the north and east of the lot are located within the same zone and are developed with single-story and two-story, singlefamily residences. Properties to the south are zoned Medium Residential (MR) and are developed with two-story multi-family residences. The project site is currently developed with a two-story, single-family residence and garage. The Applicants propose to construct July 13, 2022
DRP21-016 Novak Residence

Page 4 of 9 ends

a detached 1,728 square foot garage and 676 square foot art studio above the proposed garage.

As designed, the project conforms to the development standards of the ER Zone. 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.

Building and Structure Placement:

The site is currently developed with a 2,803 square-foot two-story, single-family residence and a garage. The Applicants propose to construct a new 1,728 square-foot garage, with a 676 square-foot art studio above. The garage is proposed to be located centrally on the north side of the lot and would be accessed from Highland Drive.

As proposed, the project conforms with the setbacks and height restrictions set forth in the Estate Residential Zone.

The SBMC parking regulations require two (2) off-street parking spaces, 9’ x 19’ clear, per single-family residence. The SBMC indicates that when required spaces are provided in a garage, up to 200 square feet of floor area is exempted for each required space. As designed, the proposed residence would provide two (2) parking spaces in a 1,728 garage; therefore, the project is afforded a 400 square-foot exemption and the total proposed floor area would be 5,249 square feet, which is 4,209 square feet under the maximum allowable floor area for the lot.

The proposed project, as designed, meets the minimum required front-, interior side-, and rear-yard setbacks.

Neighborhood Comparison:

Staff compared the proposed project to 26 other properties within the surrounding area.

As shown on the following Zoning Map, they include other properties north and east of the subject property.

July 13, 2022
DRP21-016 Novak Residence

Page 5 of 9 ends

The properties evaluated in this comparison are located in the ER-2 Zone. The existing homes range in size from 779 square feet to 6,391 square feet, according to the County Assessor records. It should be noted that the County Assessor does not include the garage, decks or covered patios in the total square footage. Accordingly, the building area of the proposed project has been calculated for comparison purposes by deleting the area of the existing and proposed garages as follows:

Project Gross Building Area: 5,649 ft2
Delete Garage -2,170 ft2
Project Area for Comparison to Assessor’s Data: 3,479 ft2 Table 2 is based upon the County Assessor’s data and SanGIS data. It contains neighboring lot sizes, the square footage of existing development and the maximum allowable square footage for potential development on each lot. 747
959
1145 1149
103 2 712 716
715
726
736
744
995
980 Ir
July 13, 2022
DRP21-016 Novak Residence

Page 6 of 9 ends

Table 2
# Property Address
Lot Size in
ft2
(GIS)
Existing ft2
Onsite
(Assessor’s)
Proposed /
Recently
Approved ft2
Max.

Allowable ft2 Zone
1 1084 HIGHLAND DR 43,124 1,950 10,969 ER-2
2 0 HIGHLAND DR 20,334 Vacant 7,550 ER-2
3 778 RAMONA PL 24,829 4,598 8,224 ER-2
4 667 MARINE VIEW AVE 25,517 779 8,328 ER-2
5 677 MARINE VIEW AVE 28,059 2,898 8,709 ER-2
6 683 MARINE VIEW AVE 25,669 3,479 8,350 ER-2
7 695 MARINE VIEW AVE 26,869 1,984 8,530 ER-2
8 731 AVOCADO PL 39,310 6,112 10,397 ER-2
9 737 AVOCADO PL 27,878 2,954 8,682 ER-2
10 747 AVOCADO PL 30,056 3,910 9,008 ER-2
11 723 AVOCADO PL 33,541 4,143 9,531 ER-2
12 715 AVOCADO PL 22,866 3,948 7,930 ER-2
13 664 MARINE VIEW AVE 21,780 1,568 7,767 ER-2
14 164 HIGHLAND DR 59,242 2,631 13,386 ER-2
15 1036 HIGHLAND DR 21,780 1,448 7,767 ER-2
16 1042 HIGHLAND DR 23,522 1,540 8,028 ER-2
17 1046 HIGHLAND DR 43,124 3,247 10,969 ER-2
18 1048 HIGHLAND DR 21,040 3,521 7,656 ER-2
19 1050 HIGHLAND DR 15,816 1,653 3,245 ER-2
20 1044 HIGHLAND DR 25,265 1,730 8,290 ER-2
21 1005 HIGHLAND DR 35,719 2,803 3,479 9,858 ER-2
22 1009 HIGHLAND DR 22,651 2,530 7,898 ER-2
23 717 RAMONA PL 35,284 4,535 9,793 ER-2
24 1047 HIGHLAND DR 46,174 1,456 11,426 ER-2
25 730 RAMONA PL 21,780 2,020 7,767 ER-2
26 760 RAMONA PL 21,780 6,391 7,767 ER-2
27 768 RAMONA PL 25,700 3,048 8,355 ER-2
Fences, Walls and Retaining Walls:

Within the front yard setback area, the SBMC allows fences and walls or any combination thereof, to be no higher than 42 inches in height as measured from existing grade, except for an additional two feet of fence that is at least 80% open to light. Fences, walls and retaining walls located within the rear and interior side yards are allowed to be up to six feet in height with an additional 24 inches that is 50% open to light and air.

The Applicants are proposing to construct retaining walls in the front yard on the southwestern portion of the property. As proposed, the fences and walls would comply with the fence and wall regulations. If the Applicants decide to modify any of the design July 13, 2022
DRP21-016 Novak Residence

Page 7 of 9 ends

of the proposed fences and walls or construct additional fences and walls, a condition of project approval indicates that they would be required to be in compliance with SBMC

17.20.040(O) and 17.60.070(C) and (D).

Landscape:

The project is subject to the current water efficient landscaping regulations of SBMC Chapter 17.56. A Landscape Documentation Package is required for new development projects with an aggregate landscape equal to or greater than 500 square feet requiring a building permit, plan check or development review. The Applicants provided a conceptual landscape plan that has been reviewed by the City’s third-party landscape architect, who has recommended approval. The Applicants will be required to submit detailed construction landscape drawings that will be reviewed by the City’s third-party landscape architect for conformance with the conceptual plan. In addition, the City’s thirdparty landscape architect will perform inspections during the construction phase of the project. A separate condition has been added to require that native or drought-tolerant and non-invasive plant materials and water-conserving irrigation systems are required to be incorporated into the landscaping to the extent feasible.

Parking:

SBMC Section 17.52.040 and the Off-Street Parking Design Manual require two (2) parking spaces for a single-family residence. The Applicants are proposing a 1,728 square-foot detached garage. The detached garage would provide a minimum of two offstreet parking spaces that are 9’ X 19’ and clear of obstruction.

Grading:

The proposed grading quantities include 1,500 cubic yards of cut, 250 cubic yards of fill, and 1,250 cubic yards of export. The proposed total aggregate amount of grading is 1,500 cubic yards.

Lighting:

The property is located within the City’s Dark Sky Area, therefore, 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 concentrated quantities or intensities as to be detrimental to the surrounding area.

Usable Open Space:

The project consists of the construction of a garage and art studio; therefore, usable open space and recreational facilities are neither proposed nor required according to SBMC Section 17.20.040.

July 13, 2022
DRP21-016 Novak Residence

Page 8 of 9 ends

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 June 30, 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
WORK PLAN: N/A
OPTIONS:
∙ Approve Staff recommendation adopting the attached Resolution 2022-086. ∙ 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 meets the minimum objective requirements of SBMC, could be found to be consistent with the General Plan 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

July 13, 2022
DRP21-016 Novak Residence

Page 9 of 9 ends

CITY MANAGER’S RECOMMENDATION:

Approve Department Recommendation.
_________________________
Gregory Wade, City Manager
Attachments:

1. Resolution 2022-086

2. Project Plans
ATTACHMENT 1
RESOLUTION 2022-086

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, CONDITIONALLY

APPROVING A DEVELOPMENT REVIEW PERMIT FOR THE

CONSTRUCTION OF A NEW DETACHED TWO-CAR GARAGE,

ART STUDIO AND ASSOCIATED IMPROVEMENTS ON A
PROPERTY LOCATED AT 1005 HIGHLAND DRIVE, SOLANA
BEACH
APPLICANT: John Novak
CASE NO.: DRP 21-016
WHEREAS, Kimberly and John Novak (hereinafter referred to as the “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, the Public Hearing was conducted pursuant to the provisions of Solana Beach Municipal Code Section 17.72.030; and
WHEREAS, at the Public Hearing on July 13, 2022, the City Council received and considered evidence concerning the proposed application; and WHEREAS, the City Council of the City of Solana Beach found the application request exempt from the California Environmental Quality Act pursuant to Section 15303 of the State CEQA Guidelines; 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.

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 for a DRP to construct a new 1,726 square-foot detached garage, with 676 square foot art studio, on a 35,719 square-foot lot in the Estate Residential (ER) Zone,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 2022-086
DRP 21-016 Novak Residence

Page 2 of 11 ends

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 Estate Residential, which allows for one to two 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 proposed project is consistent with all applicable requirements of the Zoning Ordinance (Title 17) Permitted Uses and Structures (SBMC 17.20.020), which provides for use of the property as a single-family residence.

The design of the project is consistent with the provisions for minimum setbacks, the maximum floor area ratio (FAR), maximum building height, and parking requirements.

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 property is located within the ER Zone. Properties to the north and east of the property are located within the same zone. They are developed with single-family residences. The project site is currently developed with a two-story, single-family residence and garage. The Applicants propose to construct a detached garage and art studio.

As designed, the project is consistent with the permitted uses of the underlying ER Zone as described in SBMC Sections 17.20.010 and 17.12.020. 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.

Resolution 2022-086
DRP 21-016 Novak Residence

Page 3 of 11 ends

The project, as designed, is consistent with the permitted uses for the ER Zone as described in SBMC Sections 17.20.010 and

17.12.020, which permits single-family residential and accessory structure development. The property is designated Estate Residential in the General Plan and intended for single-family residential development with a maximum density of one to two 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. 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.
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 2,803 square-foot singlefamily residence and garage. The Applicants propose to construct a new 1,726 square-foot detached garage with 676 square-foot art studio. The garage is proposed to be located at the north side of the lot and would be accessed from Highland Drive.

The SBMC parking regulations require two (2) off-street parking spaces, 9’ x 19’ clear, per single-family residence. The SBMC indicates that when required spaces are provided in a garage, up to 200 square feet of floor area is exempted for each required space. As designed, the proposed residence would provide a minimum of two (2) parking spaces in a 1,726 square foot garage; therefore, the project is afforded a 400 square-foot exemption and the total proposed floor area would be 5,249 square feet, which is 4,609 square feet under the maximum allowable floor area for the lot.

The proposed project, as designed, meets the minimum required front-, 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 Resolution 2022-086
DRP 21-016 Novak Residence

Page 4 of 11 ends

other large plantings shall not obstruct significant views when installed or at maturity.

The project is subject to the current water efficient landscaping regulations of SBMC Chapter 17.56. A Landscape Documentation Package is required for new development projects with an aggregate landscape equal to or greater than 500 square feet requiring a building permit, plan check or development review. The Applicants provided a conceptual landscape plan that has been reviewed by the City’s third-party landscape architect, who has recommended approval. The Applicants will be required to submit detailed construction landscape drawings that will be reviewed by the City’s third-party landscape architect for conformance with the conceptual plan. In addition, the City’s third-party landscape architect will perform inspections during the construction phase of the project. A separate condition has been added to require that native or drought-tolerant and non-invasive plant materials and water-conserving irrigation systems are required to be incorporated into the landscaping to the extent feasible.
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. The Applicants are proposing a 1,726 square-foot detached garage. The detached garage would provide a minimum of two (2) off-street parking spaces that are 9’ X 19’ and clear of obstruction.
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 proposed grading quantities include 1,500 cubic yards of cut, 250 cubic yards of fill, 1,250 cubic yards of export. The proposed total aggregate amount of grading is 1,500 cubic yards.

Resolution 2022-086
DRP 21-016 Novak Residence

Page 5 of 11 ends

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 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 the construction of a new single-family residence, therefore, usable open space and recreational facilities are neither proposed nor required according to SBMC Section

17.20.040.

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 are being processed concurrently with the DRP. As a condition of project approval, the Applicants will be required to obtain approval from the CCC prior to issuance of Building Permits.

The project will not exceed 16 feet above the existing grade; therefore, a Structure Development Permit (SDP) is not required.

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 will be 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:

Resolution 2022-086
DRP 21-016 Novak Residence

Page 6 of 11 ends

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 July 13, 2022 and located in the project file with a submittal date of May 12, 2022.

III. The residence will not exceed 15.8 feet in height above the existing grade or 205.4 feet above MSL.

IV. 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).

V. 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.

VI. 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.

VII. Any new exterior lighting fixtures shall be in conformance with the CityWide Lighting Regulations of SBMC 17.60.060.

VIII. 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.

IX. 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 Highland Drive and minimize impact to the surrounding neighbors.

X. 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. Fire Department Conditions: Please note that this list provides detailed Fire Department requirements and is not meant to be an all-inclusive plan check list of the Fire Department comments.

Resolution 2022-086
DRP 21-016 Novak Residence

Page 7 of 11 ends

I. OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All
roadways shall be a minimum of 20 feet in width during construction and maintained free and clear, including the parking of vehicles, in accordance with the California Fire Code and the Solana Beach Fire Department.

II. ADDRESS NUMBERS: STREET NUMBERS: Approved numbers
and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, and shall meet the following minimum standards as to size: 4” high with a ½” inch stroke width for residential buildings, 8” high with a ½” stroke for commercial and multi-family residential buildings, 12” high with a 1” stroke for industrial buildings. Additional numbers shall be required where deemed necessary by the Fire Marshal, such as rear access doors, building corners, and entrances to commercial centers.

III. AUTOMATIC FIRE SPRINKLER SYSTEM - ONE- AND TWOFAMILY DWELLINGS: Structures shall be protected by an automatic fire sprinkler system designed and installed to the satisfaction of the Fire Department. Plans for the automatic fire sprinkler system shall be approved by the Fire Department prior to installation. Per the Solana Beach Municipal Code Title 15 Building and Construction Chapter 15.32 Fire Code Section 15.32.230 NEW Section 903.2.

IV. CLASS “A” ROOF: All structures shall be provided with a Class “A” Roof covering to the satisfaction of the Solana Beach Fire Department.

C. Engineering Department Conditions:

I. The Applicants shall obtain an Encroachment Permit in accordance with SBMC Section 11.20 for the work in the public right-of-way listed below. The frontage improvements shall be done to the satisfaction of the City Engineer prior to the occupancy of the proposed project:
a) Removal of existing southerly driveway and planter walls, and associated grading and planting.
b) Construction of approximately 50-linear feet of 6-inch asphalt concrete berm along the edge of the roadway, from the inlet near the southerly property line to the existing berm at the southerly driveway.

Resolution 2022-086
DRP 21-016 Novak Residence

Page 8 of 11 ends

II. The Applicants shall record an Encroachment Maintenance Removal Agreement (EMRA) with the County of San Diego prior to the release of the Grading Bond and Security Deposit. The EMRA shall be recorded against this property for all private improvements in the Public Right-Of-Way including but not limited to:
a) Walkway steps and lighting
III. All construction demolition materials shall be recycled according to the City’s Construction and Demolition recycling program and an approved Waste Management Plan shall be submitted.

IV. Construction fencing shall be located on the subject property unless the Applicants have obtained an Encroachment Permit in
accordance with chapter 11.20 of the SBMC which allows otherwise.

V. The Applicants shall obtain a Grading Permit in accordance with Chapter 15.40 of the Solana Beach Municipal Code. Conditions prior to the issuance of a grading permit shall include, but not be limited to, the following:
a. The Applicants shall obtain a grading plan prepared by a Registered Civil Engineer and approved by the City Engineer.

On-site grading design and construction shall be in accordance with Chapter 15.40 of the Solana Beach Municipal Code.
b. The Applicants shall obtain a Soils Report prepared by a Registered Soils Engineer and approved by the City Engineer.

All necessary measures shall be taken and implemented to assure slope stability, erosion control and soil integrity. The grading plan shall incorporate all recommendations contained in the soils report.
c. The Applicants shall show all retaining walls and drainage structures. Retaining walls shown on the grading plan shall conform to the San Diego Regional Standards or be designed by a licensed civil engineer. Engineering calculations for all designed walls with a surcharge and nonstandard walls shall be submitted at grading plan check. Retaining walls may not exceed the allowable height within the property line setback as determined by the City of Solana Beach Municipal Code. Contact the Community Development department for further information. d. The Applicants are responsible to protect the adjacent properties during construction. If any grading, construction activity, access or potential construction-related impacts are anticipated beyond the property lines, as determined by the City Engineer, the Resolution 2022-086
DRP 21-016 Novak Residence

Page 9 of 11 ends

Applicants shall obtain a letter of permission from the adjoining property owners. All required letters of permission shall be submitted to the City Engineer prior to the issuance of the grading permit.
e. The Applicants shall pay a grading plan check fee in accordance with the current Engineering Fee Schedule at initial grading plan submittal. Inspection fees shall be paid prior to issuance of the grading permit.
f. The Applicants shall obtain and submit grading security in a form prescribed by the City Engineer.
g. The Applicants shall obtain haul permit for import and export of soil. The Applicants shall transport all excavated material to a legal disposal site.
h. The Applicants shall submit certification from the Engineer of Record and the Soils Engineer that all public or private drainage facilities and finished grades are functioning and are installed in accordance with the approved plans. This shall be accomplished by the Engineer of Record incorporating as-built conditions on the Mylar grading plans and obtaining signatures of the Engineer of Record and the Soils Engineer certifying the as-built conditions. i. An Erosion Prevention and Sediment Control Plan shall be prepared by the Applicants. Best management practices shall be developed and implemented to manage storm water and nonstorm water discharges from the site at all times during excavation and grading activities. Erosion prevention shall be emphasized as the most important measure for keeping sediment on site during excavation and grading activities. Sediment controls shall be used as a supplement to erosion prevention for keeping sediment on site.
j. The Applicants shall show all proposed on-site private drainage facilities intended to discharge water run-off. Elements of this design shall include a hydrologic and hydraulic analysis verifying the adequacy of the facilities and identify any easements or structures required to properly convey the drainage. The construction of drainage structures shall comply with the standards set forth by the San Diego Regional Standard
Drawings.
k. Post Construction Best Management Practices meeting City and RWQCB Order No. R9-2013-001 requirements shall be
implemented in the drainage design.

Resolution 2022-086
DRP 21-016 Novak Residence

Page 10 of 11 ends

l. No increased cross lot drainage shall be allowed.
m. Prior to obtaining a building permit, submit a building pad certification statement from a soils engineer and an engineer or land surveyor licensed in Land Surveying per SBMC 15.40.230E. n. The Applicants shall obtain the Grading Permit prior or concurrently to Building Permit issuance.

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 has 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 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 Applicant.

NOTICE TO APPLICANT: 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 Resolution 2022-086
DRP 21-016 Novak Residence

Page 11 of 11 ends

Solana Beach City CouncilJuly 13, 2022

Solana Beach City Council
July 13, 2022