Agenda packet — Solana Beach City Council, June 14, 2023 (part 2 of 6)

ACTUAL LAND USE MAXIMUM NUMBER OF UNITS OF BENEFIT
Unimproved 2 units per 1 acre and/or portion of 1 acre, up to 20 units per parcel
Residential 5 units per dwelling unit
Commercial 15 units per 1 acre and/or portion of 1 acre Industrial 20 units per 1 acre and/or portion of 1 acre Timeshares 1 unit per timeshare week (1/5 of residential) CEQA COMPLIANCE STATEMENT:

Not a project as defined by CEQA.

FISCAL IMPACT:

The $10.00 per benefit unit fee raises approximately $450,000 per year that is used to assist in funding Fire Department operating expenses projected at $ 5,953,801 for FY 2023/24.

WORK PLAN:

N/A
OPTIONS:
• Approve Staff recommendation.
• Do not approve Staff recommendation and provide direction.

DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council consider adoption of Resolution 2023-71:

1. Setting the FY 2023/24 Fire Benefit Fee at $10.00 per unit, and

2. Approving the Fee for levying on the tax roll.

CITY MANAGER RECOMMENDATION:

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

1. Resolution 2023-71
RESOLUTION 2023-71

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, ESTABLISHING THE
FISCAL YEAR 2023/24 FIRE BENEFIT FEE AS
AUTHORIZED BY THE VOTERS AT $10.00 PER BENEFIT
UNIT
WHEREAS, the City of Solana Beach has merged with the Solana Fire Protection District; and
WHEREAS, the voters of the Solana Fire Protection District on April 8, 1980, approved the following proposition:

Shall the Solana Fire Protection District establish and impose standby or availability charges, not to exceed $10.00 per unit of benefit per year, on all real property (except that of federal, state, or local governmental agencies) within the boundaries of said Fire Protection District, the collection of which charges shall not decrease the appropriations limit of said Fire Protection District in any year for a period of four years from the effective date hereof, and which charges shall be established by the Board of Directors of said Fire Protection District from time to time, subject, however, to the following maximum units of benefit:

Actual Land Use Maximum Number of Units of Benefit
Unimproved 2 units per 1 acre and/or portion of 1 acre, up to 20 units per parcel
Residential 5 units per dwelling unit
Commercial 15 units per 1 acre and/or portion of 1 acre Industrial 20 units per 1 acre and/or portion of 1 acre; and
Timeshares 1 unit per timeshare week (1/5 of residential) WHEREAS, the City of Solana Beach, as successor to the Solana Fire Protection District, is authorized to continue to levy the fire benefit fee; and WHEREAS, the amount of the fire benefit fee remains unchanged.

NOW, THEREFORE, the City Council of the City of Solana Beach, California, Resolution 2023-71
FY 2023/24 Fire Benefit Fee

Page 2 of 2 ends

resolves as follows:

1. The foregoing recitations are true and correct.

2. The fire benefit charge is hereby set at $10.00 per benefit unit for all land use categories set forth above, as confirmed by this Board, and will be filed with the Auditor and Controller of the County of San Diego.

3. The San Diego County Auditor shall place on the County Assessment Roll, opposite each parcel of land, the amount of levy so apportioned by the method of apportionment formula, as set forth above, and such levies shall be collected at the same time and in the same manner as ordinary ad valorem property taxes of the City for the fiscal year commencing July 1, 2023.

4. The City Clerk’s Designee, Koppel & Gruber Public Finance, is hereby authorized and directed to file the levy with the San Diego County Auditor subsequent to the adoption of this Resolution.

PASSED AND ADOPTED this 14th day of June 2023, 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.7.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: June 14, 2023
ORIGINATING DEPT: Finance
SUBJECT: City Council Consideration of Resolutions 2023-067 Through 2023-070 Approving the Fiscal Year (FY) 2023-
2024 Municipal Improvement Districts Benefit (MID) Fees BACKGROUND:

The four Municipal Improvement Districts (MIDs) in Solana Beach were originally formed pursuant to Government Code Section 25210.1 as County Service Areas (CSAs) prior to the incorporation of the City. The CSAs were formed by the County Board of Supervisors on the following dates:

Date Established
MID No. 9C Santa Fe Hills 03-24-69
MID No. 33 Highway 101/Railroad Right-of-Way 08-03-71
MID No. 9E Isla Verde 12-18-74
MID No. 9H San Elijo #2 10-10-77
Upon formation of these MIDs, the County also entered into landscaping and maintenance agreements with the homeowners associations and members of these CSAs under which the County provided various extended services and these CSAs provided a means to fund the extended services, which included landscaping and maintenance of streets, medians, slopes, certain drainage facilities, and appurtenant improvements in various areas of the County. These CSAs were further established so that local property owners within the prescribed boundaries of the special districts would be provided extended services.

After the landscaping and maintenance agreements with the County expired according to their terms, the CSAs functioned more like pass through entities, with the homeowners’ associations performing the services and getting reimbursed from the benefit fees (with the exception of MID No. 33). The property owners share the cost of the maintenance through service charges based on the benefit received. Upon incorporation, the City took over the management of the benefit fee assessments for these MIDs.

June 14, 2023
FY 2023/24 MID Benefit Fees

Page 2 of 4 ends

This item is before the Council to consider approval of the attached resolutions which set the benefit fees for the four MIDs and authorize the fees to be placed on the County Assessor Rolls.

DISCUSSION:

When the CSAs were formed, property owners within the boundary of the service area desired these extended miscellaneous services. These services were benefits received by the property owners and not originally supported by general revenues of the County. They are also not supported by the City’s General Fund.

These service areas were established as an alternate means of providing landscape maintenance services. The homeowners’ associations contract with a private landscape contractor to provide the actual landscaping services.

As a result of the City’s July 1, 1986 incorporation, the CSAs were dissolved and replaced by the new "Municipal Improvement Districts" (MIDs). As part of the incorporation process, the City Council assumed the role of the Board of Supervisors for the new MIDs. The City has managed the MIDs since incorporation.

With the exception of MID No. 33, for which there is no homeowner’s association, the City provides three of the four districts with budgetary information upon which the annual fees are based. The City provides a service to these homeowners’ associations by translating each budget into a unit cost per parcel, and then levying the required amount on the tax roll each year. The City also performs monthly inspections of the landscaping work and responds to complaints and inquiries.

The City receives a fee for providing the services to set and collect the landscape maintenance fee, conduct a monthly landscape inspection, track the income and interest earnings, process monthly payments, and compile the annual accounting information and provide it to the homeowners’ associations. The City also reviews each budget to ensure that all charges are related to the provision of extended services or administration of the MIDs.

MID No. 33 is the only MID for which services are not provided by a homeowners’ association. The oversight responsibility for the landscape maintenance is provided by the City's Public Works Department. A budget is produced each year by the City to provide funds for landscape maintenance within the service area. The assessment area for MID No. 33 includes all parcels west of Interstate 5 to the Pacific Ocean and from the San Elijo Lagoon south to Via de la Valle/Border Avenue.

The MID No. 33 service area was authorized to provide landscape improvements and maintenance for Highway 101 medians and the railroad right-of-way that is appurtenant to Highway 101. These landscaped medians were installed using funding provided by the County for select system roads which also require continued maintenance. MID No. 33 provides an alternate funding source for this public service in Solana Beach; however, this June 14, 2023
FY 2023/24 MID Benefit Fees

Page 3 of 4 ends

revenue is significantly less than the actual costs to maintain these areas. The maintenance is provided under contract with a landscape maintenance contractor as well as City Staff.

Because the MIDs were created prior to Proposition 218, the MID charges for MID No. 9C, No. 9E, No. 9H, and No. 33 may be levied as proposed without additional requirements so long as the amount of the charge does not exceed pre-November 1996 levels. The charges proposed are at the same rates they were since their inception and are not being raised.

Since there is no legal requirement for a public hearing, the City has instead published a “Notice of Setting Various Fees for the Municipal Improvement Districts” notifying residents that they have the right to request that this item be removed from the consent agenda for discussion if required. That notice was published in the local newspaper on May 25, 2023.

Staff therefore recommends that the City Council approve the annual fees as outlined in the attached resolutions as follows: for MID No. 9C (Santa Fe Hills) at $232.10 per unit; MID No. 9E (Isla Verde) at $68.74 per unit; for MID No. 9H (San Elijo Hills #2) at $289.58 per unit; and for MID No. 33 at $3.12 per unit ($.06 per timeshare week).

CEQA COMPLIANCE STATEMENT:

Not a project as defined by CEQA.

FISCAL IMPACT:

The fee for each MID will generate the total annual benefit charge revenue, as shown below, to service the MID:

FEE _ REVENUE
MID No. 9C - Santa Fe Hills $232.10 per unit $ 95,000
MID No. 9E - Isla Verde $ 68.74 per unit $ 6,000
MID No. 9H - San Elijo Hills #2 $289.58 per unit $ 34,200 MID No. 33 - Highway 101/Railroad Right-of-Way $ 3.12 per unit $ 11,500 WORK PLAN:

N/A
OPTIONS:
• Approve Staff recommendation.
• Do not approve Staff recommendation and provide direction.

June 14, 2023
FY 2023/24 MID Benefit Fees

Page 4 of 4 ends

DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council:

1. Approve Resolution 2023-067, setting the Benefit Charges for MID No. 9C, Santa Fe Hills, at $232.10 per unit for FY 2023/24.

2. Approve Resolution 2023-068, setting the Benefit Charges for MID No. 9E, Isla Verde, at $68.74 per unit for FY 2023/24.

3. Approve Resolution 2023-069, setting the Benefit Charges for MID No. 9H, San Elijo Hills # 2, at $289.58 per unit for FY 2023/24.

4. Approve Resolution 2023-070, setting the Benefit Charges for MID No. 33, Highway 101/Railroad Right-of-Way, at $3.12 per unit for FY 2023/24.

CITY MANAGER’S RECOMMENDATION:

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

1. Resolution 2022-067 – MID 9C

2. Resolution 2022-068 – MID 9E

3. Resolution 2022-069 – MID 9H

4. Resolution 2022-070 – MID 33
RESOLUTION 2023-067

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SOLANA BEACH, CALIFORNIA, SETTING THE

BENEFIT CHARGES FOR MUNICIPAL IMPROVEMENT
DISTRICT NUMBER 9C FOR FISCAL YEAR 2023/24
WHEREAS, the City Council considered a report concerning the benefit charge to be levied within the Municipal Improvement District Number 9C, Santa Fe Hills (the “District”) pursuant to an Ordinance previously approved by the voters on March 24, 1969; and
WHEREAS, the City Council has determined that charges for landscape maintenance service be shown as a separate item on property tax bills and collected at the same time and in the same manner as ordinary county ad valorem taxes and caused to be prepared and filed, written reports describing real property receiving landscape maintenance services within the District; and
WHEREAS, the charges for the parcels within the District for Fiscal Year 2023/24 have been computed in conformity with the procedure set forth in, and charges described by, applicable ordinances and resolutions of the Solana Beach City Council; and WHEREAS, the charges are at the same rates they were since their inception and are not being raised; and
WHEREAS, the amount paid to the homeowners’ association from charges or taxes levied in the District shall include the reasonably estimated cost of the work or improvement to be done in the District by the homeowners’ association for the ensuing fiscal year, plus incidental expenses directly related to the provision of extended services or administration of the District; and
WHEREAS, services shall be provided by the homeowners' association in accordance with the contract last approved by the County of San Diego with the homeowners’ association providing the services, not the County or other entity. The City of Solana Beach will continue providing management and inspection services; and WHEREAS, payments to the homeowners’ association for service shall be made in twelve equal monthly installments and payment for incidental expenses shall be made upon submission of a statement.

NOW, THEREFORE, the City Council of the City of Solana Beach, California, resolves as follows:

1. The foregoing recitations are true and correct.

Resolution 2023-067
FY 2023/24 MID Fees

Page 2 of 2 ends

2. The benefit unit charge for Municipal Improvement District No. 9C, Santa Fe Hills, for Fiscal Year 2023/24 will be $232.10 per unit, as listed on Exhibit 1 of this Resolution and confirmed by the City Council and will be filed with the Auditor and Controller of the County of San Diego.

3. The San Diego County Auditor shall place on the County Assessor Roll, opposite each parcel of land within the District, the levy amount of $232.10 per unit, as set forth in Exhibit 1 of this Resolution, and such levies shall be collected at the same time and in the same manner as ordinary ad valorem property taxes of the City for the fiscal year commencing July 1, 2023.

4. The City Clerk’s Designee, Koppel & Gruber Public Finance, is hereby authorized and directed to file the levy with the San Diego County Auditor subsequent to the adoption of this Resolution.

PASSED AND ADOPTED this 14th day of June 2023, at a special 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 EXHIBIT 1
Resolution 2023-067
M.I.D. FEES
FY 2021 through FY 2024
FY 2021
BUDGET
FY 2021
FEES
FY 2022
BUDGET
FY 2022
FEES
FY 2023
BUDGET
FY 2023
FEES
FY 2024
BUDGET
FY 2024
FEES
Highway 101
MID No. 33 11,500 3.12 11,500 3.12 11,500 3.12 11,500 3.12 Santa Fe Hills
MID No. 9C 95,000 232.10 95,000 232.10 95,000 232.10 95,000 232.10 Isla Verde
MID No. 9E 6,000 68.74 6,000 68.74 6,000 68.74 6,000 68.74 San Elijo Hills #2
MID No. 9H 34,200 289.58 34,200 289.58 34,200 289.58 34,200 289.58 RESOLUTION 2023-068

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SOLANA BEACH, CALIFORNIA, SETTING THE

BENEFIT CHARGES FOR MUNICIPAL IMPROVEMENT
DISTRICT NUMBER 9E FOR FISCAL YEAR 2023/24
WHEREAS, the City Council considered a report concerning the benefit charge to be levied within the Municipal Improvement District Number 9E, Isla Verde (the “District”) pursuant to an Ordinance previously approved by the voters on December 18, 1974; and WHEREAS, the City Council has determined that charges for landscape maintenance service be shown as a separate item on property tax bills and collected at the same time and in the same manner as ordinary county ad valorem taxes and caused to be prepared and filed, written reports describing real property receiving landscape maintenance services within the District; and
WHEREAS, the charges for the parcels within the District for Fiscal Year 2023/24 have been computed in conformity with the procedure set forth in, and charges described by, applicable ordinances and resolutions of the Solana Beach City Council; and WHEREAS, the charges are at the same rates they were since their inception and are not being raised; and
WHEREAS, the amount paid to the homeowner’s association from charges or taxes levied in the District shall include the reasonably estimated cost of the work or improvement to be done in the District by the homeowner’s association for the ensuing fiscal year, plus incidental expenses directly related to the provision of extended services or administration of the District; and
WHEREAS, services shall be provided by the homeowners' association in accordance with the contract last approved by the County of San Diego with the homeowners’ association providing the services, not the County or other entity. The City of Solana Beach will continue providing management and inspection services; and WHEREAS, payments to the homeowner’s association for service shall be made in twelve equal monthly installments and payment for incidental expenses shall be made upon submission of a statement.

NOW, THEREFORE, the City Council of the City of Solana Beach, California, resolves as follows:

1. The foregoing recitations are true and correct.

2. The benefit unit charge for Municipal Improvement District No. 9E, Isla Verde, for Fiscal Year 2023/24 will be $68.74 per unit, as listed on Resolution 2023-068
FY 2023/24 MID - #9E Benefit Fee

Page 2 of 2 ends

Exhibit 1 of this Resolution and confirmed by the City Council and will be filed with the Auditor and Controller of the County of San Diego.

3. The San Diego County Auditor shall place on the County Assessor Roll, opposite each parcel of land within the District, the levy amount of $68.74 per unit, as set forth in Exhibit 1 of this Resolution, and such levies shall be collected at the same time and in the same manner as ordinary ad valorem property taxes of the City for the fiscal year commencing July 1, 2023.

4. The City Clerk’s Designee, Koppel & Gruber Public Finance, is hereby authorized and directed to file the levy with the San Diego County Auditor subsequent to the adoption of this Resolution.

PASSED AND ADOPTED this 14th day of June 2023, at a special 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 EXHIBIT 1
Resolution 2023-068
M.I.D. FEES
FY 2021 through FY 2024
FY 2021
BUDGET
FY 2021
FEES
FY 2022
BUDGET
FY 2022
FEES
FY 2023
BUDGET
FY 2023
FEES
FY 2024
BUDGET
FY 2024
FEES
Highway 101
MID No. 33 11,500 3.12 11,500 3.12 11,500 3.12 11,500 3.12 Santa Fe Hills
MID No. 9C 95,000 232.10 95,000 232.10 95,000 232.10 95,000 232.10 Isla Verde
MID No. 9E 6,000 68.74 6,000 68.74 6,000 68.74 6,000 68.74 San Elijo Hills #2
MID No. 9H 34,200 289.58 34,200 289.58 34,200 289.58 34,200 289.58

RESOLUTION 2023-069

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SOLANA BEACH, CALIFORNIA, SETTING THE

BENEFIT CHARGES FOR MUNICIPAL IMPROVEMENT
DISTRICT NUMBER 9H FOR FISCAL YEAR 2023/24
WHEREAS, the City Council considered a report concerning the benefit charge to be levied within the Municipal Improvement District Number 9H, San Elijo Hills #2 (the “District”) pursuant to an Ordinance previously approved by the voters on October 10, 1977; and
WHEREAS, the City Council has determined that charges for landscape maintenance service be shown as a separate item on property tax bills and collected at the same time and in the same manner as ordinary county ad valorem taxes and caused to be prepared and filed, written reports describing real property receiving landscape maintenance services within the District; and
WHEREAS, the charges for the parcels within the District for Fiscal Year 2023/24 have been computed in conformity with the procedure set forth in, and charges described by, applicable ordinances and resolutions of the Solana Beach City Council; and WHEREAS, the charges are at the same rates they were since their inception and are not being raised; and
WHEREAS, the amount paid to the homeowners’ association from charges or taxes levied in the District shall include the reasonably estimated cost of the work or improvement to be done in the District by the homeowner’s association for the ensuing fiscal year, plus incidental expenses directly related to the provision of extended services or administration of the District; and
WHEREAS, services shall be provided by the homeowners' association in accordance with the contract last approved by the County of San Diego with the homeowners’ association providing the services, not the County or other entity. The City of Solana Beach will continue providing management and inspection services; and WHEREAS, payments to the homeowner’s association for service shall be made in twelve equal monthly installments and payment for incidental expenses shall be made upon submission of a statement.

NOW, THEREFORE, the City Council of the City of Solana Beach, California, resolves as follows:

1. The foregoing recitations are true and correct.

2. The benefit unit charge for Municipal Improvement District No. 9H, San Resolution 2023-069
FY 2023/24 MID - #9H Benefit Fee

Page 2 of 2 ends

Elijo Hills #2, for Fiscal Year 2023/24 will be $289.58 per unit, as listed on Exhibit 1 of this Resolution and confirmed by the City Council, and will be filed with the Auditor and Controller of the County of San Diego.

3. The San Diego County Auditor shall place on the County Assessor Roll, opposite each parcel of land within the District, the levy amount of $289.58 per unit, as set forth in Attachment No. 1 of this Resolution, and such levies shall be collected at the same time and in the same manner as ordinary ad valorem property taxes of the City for the fiscal year commencing July 1, 2023.

4. The City Clerk’s Designee, Koppel & Gruber Public Finance, is hereby authorized and directed to file the levy with the San Diego County Auditor subsequent to the adoption of this Resolution.

PASSED AND ADOPTED this 14th day of June 2023, at a special meeting of the City Council of the City of Solana Beach, California by the following vote:

Resolution 2023-069
M.I.D. FEES
FY 2021 through FY 2024
FY 2021
BUDGET
FY 2021
FEES
FY 2022
BUDGET
FY 2022
FEES
FY 2023
BUDGET
FY 2023
FEES
FY 2024
BUDGET
FY 2024
FEES
Highway 101
MID No. 33 11,500 3.12 11,500 3.12 11,500 3.12 11,500 3.12 Santa Fe Hills
MID No. 9C 95,000 232.10 95,000 232.10 95,000 232.10 95,000 232.10 Isla Verde
MID No. 9E 6,000 68.74 6,000 68.74 6,000 68.74 6,000 68.74 San Elijo Hills #2
MID No. 9H 34,200 289.58 34,200 289.58 34,200 289.58 34,200 289.58

RESOLUTION 2023-070

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SOLANA BEACH, CALIFORNIA, SETTING THE

BENEFIT CHARGES FOR MUNICIPAL IMPROVEMENT
DISTRICT No. 33 FOR FISCAL YEAR 2023/24
WHEREAS, the City Council considered a report concerning the benefit charge to be levied within the Municipal Improvement District Number 33, Highway 101/Railroad Right-of-Way, pursuant to an Ordinance previously approved by the voters on August 3, 1971; and
WHEREAS, the City Council has determined that charges for providing landscape maintenance service be shown as a separate item on property tax bills and collected at the same time and in the same manner as ordinary county ad valorem taxes and caused to be prepared and filed, written reports describing real property receiving landscape maintenance services within the District; and
WHEREAS, the charges for the parcels within the District for Fiscal Year 2023/24 have been computed in conformity with the procedure set forth in, and charges described by, applicable ordinances and resolutions of the Solana Beach City Council; and WHEREAS, the charges are at the same rates they were since their inception and are not being raised.

NOW, THEREFORE, the City Council of the City of Solana Beach, California, resolves as follows:

1. The foregoing recitations are true and correct.

2. The benefit unit charge for Municipal Improvement District No. 33, Highway 101/Railroad Right-of-Way, for Fiscal Year 2023/24 will be $3.12 per unit, as listed on Exhibit 1 of this Resolution and confirmed by the City Council, and will be filed with the Auditor and Controller of the County of San Diego.

3. The San Diego County Auditor shall place on the County Assessor Roll, opposite each parcel of land within the District, the levy amount of $3.12 per unit, as set forth in Exhibit 1 of this Resolution, and such levies shall be collected at the same time and in the same manner as ordinary ad valorem property taxes of the City for the fiscal year commencing July 1, 2023.

4. The City Clerk’s Designee, Koppel & Gruber Public Finance, is hereby authorized and directed to file the levy with the San Diego County Auditor subsequent to the adoption of this Resolution.

Resolution 2023-070
FY 2023/24 MID - #33 Benefit Fee

Page 2 of 2 ends

PASSED AND ADOPTED this 14th day of June 2023, at a special meeting of the City Council of the City of Solana Beach, California by the following vote:

Resolution 2023-070
M.I.D. FEES
FY 2021 through FY 2024
FY 2021
BUDGET
FY 2021
FEES
FY 2022
BUDGET
FY 2022
FEES
FY 2023
BUDGET
FY 2023
FEES
FY 2024
BUDGET
FY 2024
FEES
Highway 101
MID No. 33 11,500 3.12 11,500 3.12 11,500 3.12 11,500 3.12 Santa Fe Hills
MID No. 9C 95,000 232.10 95,000 232.10 95,000 232.10 95,000 232.10 Isla Verde
MID No. 9E 6,000 68.74 6,000 68.74 6,000 68.74 6,000 68.74 San Elijo Hills #2
MID No. 9H 34,200 289.58 34,200 289.58 34,200 289.58 34,200 289.58 CITY 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: June 14, 2023
ORIGINATING DEPT: Engineering Department
SUBJECT: City Council Consideration of Resolution 2023-080 Accepting the Lomas Santa Fe Drive at NCTD Bridge
Repairs Project as Complete and Authorizing the City Clerk to File a Notice of Completion
BACKGROUND:

At the December 14, 2022, City Council meeting, the City Council awarded a construction contract for the Lomas Santa Fe Drive at NCTD Bridge Repairs Project, Bid No. 2022-03, to Beador Construction Company. Beador Construction Company’s approved low bid was $153,300 and, with contingencies, design support and inspection and materials testing, the City Council approved a contract budget of $168,000. The bridge repairs were required in accordance with recommendations from a 2020 Caltrans inspection.

This item is before the City Council for the consideration of Resolution 2023-080 (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:

Beador Construction Company completed all work on this project in accordance with the approved plans and specifications of Bid No. 2022-03 to the satisfaction of the City Engineer. The City will release the retention, in the amount of $7,737, thirty-five (35) days after the Notice of Completion is approved by the City Council.

A summary of the project accomplishments is listed below:

June 14, 2023
Lomas Santa Fe Drive Bridge Repairs Project NOC

Page 2 of 3 ends

Lomas Santa Fe (LSF) Drive Bridge (over North County Transit District (NCTD) railroad tracks)

1. Removed the existing concrete caps on the bridge abutment headwall that were breaking off and causing the dips in the roadway. Extended the structural abutment concrete to match the bridge deck.

2. Cleaned and sealed the bridge deck.

3. Replaced the joint seal between the abutment and bridge deck.

4. Repaired spalling concrete at two locations in the concrete railing next to the sidewalk.

In addition to the repairs at the LSF bridge, the contract called for repairs at the Solana Beach Sewer Pump Station, near the San Elijo Lagoon. The westerly perimeter wall at the pump station had spalling concrete that was repaired. A change order was executed in the amount of $1,446 for additional sewer pump station wall repairs not specified on the plans.

CEQA COMPLIANCE STATEMENT:

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

FISCAL IMPACT:

The bridge repairs were funded with Gas Tax revenues, and the sewer pump station wall repairs were funded with Sanitation funds. The project was completed within the approved construction budget. The final contract amount is $154,746 which was below the construction budget amount of $168,000.

WORK PLAN:

This project is identified in the FY 2022/23 Work Plan under Community Character Priorities.

OPTIONS:
• Adopt Staff recommendations.
• Do not adopt Staff recommendations and provide direction to Staff.

June 14, 2023
Lomas Santa Fe Drive Bridge Repairs Project NOC

Page 3 of 3 ends

DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council adopt Resolution 2023-080:

1. Authorizing the City Council to accept, as complete, the Lomas Santa Fe Drive Bridge Repairs Project, Bid No. 2022-03, performed by Beador Construction Company.

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

CITY MANAGER’S RECOMMENDATION:

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

1. Resolution 2023-080
RESOLUTION 2023-080

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, ACCEPTING AS

COMPLETE THE LOMAS SANTA FE DRIVE AT NCTD
BRIDGE REPAIRS PROJECT, BID NO. 2022-03, AND

AUTHORIZING THE CITY CLERK TO FILE A NOTICE OF

COMPLETION
WHEREAS, the Lomas Santa Fe Drive at NCTD Bridge Repairs Project has been completed in accordance with the plans and specifications included as part of the construction contract with Beador Construction Company 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 Lomas Santa Fe Drive Bridge Repairs Project, Bid No. 2022-03, performed by Beador Construction Company.

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

PASSED AND ADOPTED this 14th day of June, 2023, 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 CITY COUNCIL ACTION: ____________________________________________________ _________________________________________________________________________ AGENDA ITEM # A.9.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Greg Wade, City Manager
MEETING DATE: June 14, 2023
ORIGINATING DEPT: City Manager’s Office/Human Resources SUBJECT: City Council Consideration of Resolution 2023-083 Adopting a Medical Expense Reimbursement Plan –
Retiree Medical Trust provided by The California
Firefighters Benefit Trust, Effective June 2023.

BACKGROUND:

On September 14, 2022, the City Council approved and ratified a four-year term Memorandum of Understanding (MOU) for Fiscal Years (FY) 2022/2023, 2023/2024, 2024/2025, and 2025/2026 for the Solana Beach Fire Association (SBFA) (Attachment 1). Under Section 18 (Reopener), the City agreed to reopen negotiations and discussions regarding the possible transfer of the SBFA’s current Retirement Health Savings (RHS) Plan through MissionSquare, which was established in 2008, to a Medical Expense Reimbursement Plan – Retiree Medical Trust, named the California Firefighters’ Benefit Trust (CFBT).

This item is before City Council to consider approval of Resolution 2023-083 (Attachment 2) adopting a Medical Expense Reimbursement Plan – Retiree Medical Trust (Trust) for members of the Solana Beach Fire Association.

DISCUSSION:

Since June 2022, the City and members of SBFA have held several meetings to discuss the details for implementing a Trust for SBFA members. During these discussions, the City confirmed that the plan did not cause any fiduciary responsibilities or additional costs for the City, beyond implementing a payroll deduction and transfer into the plan.

The CFBT, which was established in 2005, is a firefighter-designed and led plan governed under the Employee Retirement Income Security Act of 1974 (ERISA), to provide participants tax-free reimbursement of medical expenses during retirement. Based on employee and/or employer funded pre-tax contributions. Upon retirement, eligible participants receive tax-free monthly reimbursement for a wide range of covered medical expenses, including health, dental and vision insurance premiums and qualified deductibles, copays, and other direct or out of pocket medical costs. CFBT is a not-forprofit firefighter-only plan open to all represented groups throughout California and surrounding states.

Fire Medical Expense Reimbursement Plan – Retiree Medical Trust Solana Beach Fire Association
June 14, 2023

Page 2 of 2 ends

Once a CBFT has been set up, it is mandatory for all members of a covered group to participate in the plan. Contributions to the plan may include, but are not limited to, direct employer contributions, mandatory pre-tax employee contributions, contributions from a leave bank, etc.

The City’s fiscal obligations and monthly contributions will not exceed the current 2% employer contribution allowed for the current RHS once the switch from MissionSqure to CFBT takes place. This agreement and the implementation of the plan does not have any additional fiscal impact on the City, other than administrative time to set up and establish the CBFT.

The City and the SBFA have agreed that, for every employee in the Defined Class, contributions to the Trust will be made for each calendar month during the term of the Agreement (“Monthly Trust Contribution”) in amounts determined according to the employee’s years of full-time City employment, rendered at any time, as a member of the Defined Class, as follows:

Not a project as defined by CEQA
FISCAL IMPACT: None
WORKPLAN: N/A
OPTIONS:
 Approve Staff recommendation.
 Do not approve Staff recommendation and provide additional direction.

DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council consider:

1. Adoption of Resolution 2023-083 (Attachment 2) to implement a Medical Expense Reimbursement Plan – Retiree Medical Trust for the Solana Beach Firefighters’ Association members.

Fire Medical Expense Reimbursement Plan – Retiree Medical Trust Solana Beach Fire Association
June 14, 2023

Page 3 of 2 ends

2. Adoption of the Side letter (Attachment 3) between the City and the Solana Beach Firefighters' Association to modify and update Section 20 of the MOU to reflect the new Medical Expense Reimbursement Plan.

3. Adoption of the Joinder Agreement (Attachment 4) between the City of Solana Beach Fire Association and California Fire Benefit Trust in order to implement a Medical Expense Reimbursement Plan – Retiree Medical Trust.

CITY MANAGER’S RECOMMENDATION:

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

1. SBFA Memorandum of Understanding (FY 2022/2023 to 2025/2026)

2. Resolution 2023-083

3. Side Letter

4. Joinder Agreement

MEMORANDUM OF UNDERSTANDING

CITY OF SOLANA BEACH
AND

SOLANA BEACH FIRE ASSOCIATION
July 1, 2022 through June 30, 2026
MOU SBFA - FY 2022/2026
1 MEMORANDUM OF UNDERSTANDING

BETWEEN THE

CITY OF SOLANA BEACH AND
THE SOLANA BEACH FIREFIGHTERS’ ASSOCIATION
July 1, 2022 through June 30, 2026

TABLE OF CONTENTS
Section 1. PREAMBLE 2
Section 2. RECOGNITION 2
Section 3. APPROVAL BY THE CITY COUNCIL 3
Section 4. AUTHORIZED AGENTS/REPRESENTATIVES 3
Section 5. CAFETERIA BENEFIT PLAN 3
Section 6. CALL BACK 6
Section 7. CAREER PATH 7
Section 8. CITY MANAGEMENT RIGHTS 7
Section 9. EMPLOYEE RIGHTS 8
Section 10. FULL UNDERSTANDING, MODIFICATION, WAIVER 10 Section 11. LEAVE PROVISIONS 11
Section 12. LIFE INSURANCE 14
Section 13. NEGOTIATIONS FOR A SUCCESSOR AGREEMENT 14
Section 14. OVERTIME 14
Section 15. PARAMEDIC INCENTIVE PAY 16
Section 16. PEACEFUL PERFORMANCE OF CITY SERVICES 16
Section 17. PRIOR AGREEMENTS 16
Section 18. REOPENERS 17
Section 19. RETIREE HEALTH BENEFITS 17
Section 20. CALIFORNIA FIREFIGHTERS’ BENEFIT TRUST 17
Section 21. RETIREMENT SYSTEM CONTRIBUTIONS 18
Section 22. SALARY ADJUSTMENT 18
Section 23. SAVINGS CLAUSE 19
Section 24. SEVERABILITY 19
Section 25. TEMPORARY ASSIGNMENT 20
Section 26. PLACEMENT & HIRE OF NEW AND TEMP EMPLOYEES 20 Section 27. TERM 21
Section 28. TOBACCO USE 21
Section 29. TUITION REIMBURSEMENT 21
Section 30. PROMOTIONAL EDUCATIONAL REQUIREMENTS 22
Section 31. EDUCATIONAL PAY 22
APPENDIX A 23
APPENDIX B 24-27
APPENDIX C 28-29
MOU SBFA - FY 2022/2026
2 MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF SOLANA BEACH
AND

THE SOLANA BEACH FIREFIGHTERS' ASSOCIATION
SECTION 1 - PREAMBLE
This Memorandum of Understanding (MOU) is made and entered into pursuant to Solana Beach Resolution No. 92-52 (Employer-Employee Relations Resolution), and applicable State law between the designated management representatives of the City of Solana Beach (CITY), and the Solana Beach Firefighters’ Association (SBFA), the Recognized Employee Organization (under Solana Beach Resolution No. 92-52) for certain full-time fire department safety employees represented herein.

This MOU is the result of good faith negotiations regarding wages, hours and other terms and conditions of employment under the provisions of the California Meyers- MiliasBrown Act. The parties to this MOU hereto have met and conferred in good faith exchanging various proposals in an attempt to reach agreement. The parties affirm their mutual commitment to the goals of effective and efficient public service, high employee morale, sound and responsible management of CITY business, and amicable employeremployee relations. The parties encourage the highest possible degree of friendly cooperative relationships between their respective representatives at all levels and with and between all employees.

All provisions in this MOU constitute the entire understanding between the parties regarding the subject provisions. Provisions wherein this MOU is silent, the City’s Personnel Rules and Regulations prevail. There are no Special Departmental Policies that supersede the issues addressed by this MOU, unless signed by the City Manager at the time of MOU Adoption. Any subsequent Departmental Policies affecting aspects of provisions contained in this MOU directly or indirectly related to compensation must be authorized and signed by the City Manager and made part of the MOU as a side letter.

SECTION 2 - RECOGNITION
Pursuant to Solana Beach Resolution No. 92-52 (Employer-Employee Relations Resolution), and applicable State law, the CITY acknowledges SBFA as the Recognized Employee Organization for fire department safety employees in the classifications of Firefighter/Paramedic, Fire Engineer, Fire Captain, and Shift Fire Captain, and all provisions of the MOU shall apply to said classifications.

Nothing in this Article is intended to amend, alter, modify or supersede the provisions of Resolution No. 92-52, the rights of employees there under, or the rights of individual employees under the provisions of the Meyers-Milias-Brown Act.

SECTION 3 - APPROVAL BY THE CITY COUNCIL
MOU SBFA - FY 2022/2026
3 This MOU constitutes a mutual recommendation to be jointly submitted to the City Council for its consideration and approval. If this MOU is approved by the City Council, the CITY will act in a timely manner to implement the changes to ordinances , resolutions, rules, policies, practices and procedures, if any, contemplated by this MOU.

Upon approval by the City Council, this MOU, along with the Solana Beach Personnel Rules and Regulations (as existing on the date of this MOU or as modified by or pursuant to this MOU), Fire Department Policies and Directives (as existing on the date of this MOU or as modified by or pursuant to this MOU), and other Policies or Directives established by the CITY (as existing on the date of this MOU or as modified by or pursuant to this MOU) will govern the wages, hours and terms and conditions of employment of the employees represented by the SBFA, subject to the provisions and limitations of Chapter 2.44 (Personnel System) of the Solana Beach Municipal Code.

SECTION 4 - AUTHORIZED AGENTS/REPRESENTATIVES
The CITY'S principal authorized agent shall be the City Manager or the City Manager’s authorized representative, unless a particular officer or employee is specifically designated in connection with the performance of a specific function or obligation set forth in the MOU. The SBFA’s principal authorized agent shall be its president or a duly authorized designee of the president.

SECTION 5 – CAFETERIA BENEFIT PLAN
All regular employees in this Unit shall be entitled to receive health, dental and vision insurance in accordance with the group insurance policies acquired by the CITY. • Effective July 1, 2022, through December 31, 2022, the CITY will contribute a monthly health insurance allowance up to a maximum of $2,015 per month, per fulltime employee, toward the medical, dental, and vision insurance options offered through the CITY’s Flexible Benefit Plan.
• Effective January 1, 2023, through December 31, 2023, the Health Benefit amount will be set at the median CalPERS Medical Health Plan (median high if there are an even number of plans) per month to be used toward the medical, dental, and vision insurance options offered through the City’s Flexible Benefit Plan. • Effective January 1, 2024, through December 31, 2024, the Health Benefit amount will be set at the median CalPERS Medical Health Plan (median high if there are an even number of plans) per month to be used toward the medical, dental, and vision insurance options offered through the City’s Flexible Benefit Plan. • Effective January 1, 2025, through June 30, 2026, the Health Benefit amount will be set at the median CalPERS Medical Health Plan (median high if there are an even number of plans) per month to be used toward the medical, dental, and vision insurance options offered through the City’s Flexible Benefit Plan. • All wages, benefits, hours, terms, and conditions of employment listed in this MOU will continue until June 30, 2026, and thereafter until a new agreement is reached.

MOU SBFA - FY 2022/2026
4 Opt-Out/Cash Back Provisions:

Employees hired prior to July 1, 2018:

Employees who do not enroll in the medical, dental or vision insurance plans provided by the City (“opt-out”) will receive cash back in the amounts listed below. Employees who optout of plans provided by the City must provide proof of other “minimum essential group medical insurance coverage” to the Human Resources Department, as set forth below.

I. July 1, 2022, through June 30, 2023
• Opt-Out amount will be capped at $1,100 per month
Employees who either:
a) Do not enroll in the medical insurance plan provided by the City and enroll in either the dental or vision plans provided by the City; or b) Enroll in medical and dental or vision plans provided by the City where the total monthly health insurance premiums cost less than $1,100 will receive the difference between $1,100 and their total monthly insurance premiums for medical, dental, and vision plans provided by the City. c) No cash back will be provided to employees whose total monthly insurance premiums for medical, dental, and vision plans provided by the City exceed $1,100.

II. July 1, 2023, through June 30, 2024
• Opt-Out amount will be capped at $947 per month
Employees who either:
a) Do not enroll in the medical insurance plan provided by the City and enroll in either the dental or vision plans provided by the City; or
b) Enroll in medical and dental or vision plans provided by the City where the total monthly health insurance premiums cost less than $947 will receive the difference between $947 and their total monthly insurance premiums for medical, dental, and vision plans provided by the City.
c) No cash back will be provided to employees whose total monthly insurance premiums for medical, dental, and vision plans provided by the City exceed $947.

III. July 1, 2024, through June 30, 2025
MOU SBFA - FY 2022/2026
5 • Opt-Out amount will be capped at $764 per month
Employees who either:
a) Do not enroll in the medical insurance plan provided by the City and enroll in either the dental or vision plans provided by the City; or
b) Enroll in medical and dental or vision plans provided by the City where the total monthly health insurance premiums cost less than $764 will receive the difference between $764 and their total monthly insurance premiums for medical, dental, and vision plans provided by the City.
c) No cash back will be provided to employees whose total monthly insurance premiums for medical, dental, and vision plans provided by the City exceed $764.

IV. July 1, 2025, through June 30, 2026
• Opt-Out amount will be capped at $642 per month
Employees who either:
a) Do not enroll in the medical insurance plan provided by the City and enroll in either the dental or vision plans provided by the City; or b) Enroll in medical and dental or vision plans provided by the City where the total monthly health insurance premiums cost less than $642 will receive the difference between $642 and their total monthly insurance premiums for medical, dental, and vision plans provided by the City.
c) No cash back will be provided to employees whose total monthly insurance premiums for medical, dental, and vision plans provided by the City exceed $642.

Employees hired on or after July 1, 2018:
1) Employees who do not enroll in the medical, dental or vision insurance plans provided by the City (“opt-out”) will receive $475 cash back per month.

Employees who opt-out of plans provided by the City must provide proof of other “minimum essential group medical insurance coverage” to the Human Resources Department, as set forth below.
2) Employees who either:

MOU SBFA - FY 2022/2026
6 a) Do not enroll in the medical insurance plan provided by the City and enroll in either the dental or vision plans provided by the City; or
b) Enroll in medical and dental or vision plans provided by the City where the total monthly health insurance premiums cost less than $475 will receive the difference between $475 and their total monthly insurance premiums for medical, dental, and vision plans provided by the City.
c) No cash back will be provided to employees whose total monthly insurance premiums for medical, dental, and vision plans provided by the City exceed $475.

The CITY will make available medical, dental, and vision insurance plans for SBFA employees. The City also provides for employee participation in Health Care and Dependent Care Flexible Spending Accounts. The Flexible Spending Accounts are established under Section 125 of the Internal Revenue Code and will be administered by a third-party administrator (TPA).

All employees must either elect medical insurance for employee only or provide satisfactory proof of other minimum essential group medical insurance coverage through a non-CITY plan. The CITY’s Human Resources Department will be responsible for approving an employee’s proof of health coverage. After the CITY’s initial verification of employee coverage under another non-CITY medical plan, the Human Resources Department will request proof of coverage as often as deemed necessary to ensure an employee’s continued medical insurance coverage. All costs of insurance coverage for the employee or dependents in excess of the CITY contribution shall be borne by the employee.

All Cafeteria Plan elections must be made on forms approved by the Human Resources Department Elections must be made prior to the beginning of the Plan year and must remain in effect unless there is a qualifying event as defined under IRS regulations and the City of Solana Beach Flexible Benefit Plan, and approved by the Human Resources Department.

SECTION 6 - CALL BACK
Employees shall be entitled to call back pay as provided in the City Personnel Rules and Regulations.

Call back work is defined as work required by management of an employee who, following completion of the employee’s workday or work week and departure from employee’s work site, is unexpectedly ordered to report back to duty to perform necessary work.

Employees who are called back shall receive a minimum of three (3) hours compensation at time and one half.

Whenever an employee is called back, the employee shall receive the minimum provided or pay for hours actually worked, whichever is greater.

MOU SBFA - FY 2022/2026
7 Hours worked shall be calculated beginning at the time the call back is received by the employee and ending when the employee is relieved of duty.

If an employee, who is called back to work and has completed his/her assignment and left work, is called back to work, he/she shall not receive another minimum if the time return is within the previous call back minimum.

Stand-by time as provided under Section 9.03 D of the Personnel Rules shall not apply to employees covered by this MOU.

SECTION 7 - CAREER PATH
The career path for the fire department shall be: Firefighter/Paramedic, Engineer, Fire Captain, Shift Fire Captain, Battalion Chief, Deputy Fire Chief, and Fire Chief. The Fire Chief shall determine the job qualifications and duties for the positions within the career path, with the exception of the Fire Chief position, according to the management rights provisions of this MOU. To the extent that a change in the job qualifications and duties implicates negotiable matters, the City will negotiate said changes with the Association, as required by law. Nothing in the career path shall be construed as requiring the CITY to promote or hire any employee, or as precluding any lawful method for the selection of employees.

The City’s salary schedule shall maintain a minimum of 5% separation between the Firefighter/Paramedic classification and the Engineer classification.

SBFA acknowledges that the CITY intends to retain a compensation differential of 2% between the Fire Captain and Shift Fire Captain ranges, and to base salary comparisons on the Fire Captain position.

SECTION 8 - CITY MANAGEMENT RIGHTS
The CITY retains and has the exclusive decision-making authority to manage municipal services and the work force performing those services so long as the CITY exercises that exclusive authority in conformity with the express provisions of this MOU.

Subject only to the provisions of this MOU, the CITY has the exclusive decision-making authority to:
(a). Determine and modify the organization of CITY government and its constituent work units;
(b). Determine the nature, standards, levels and mode of delivery of services to be offered to the public, provided, however, should the City determine to change the mode of delivery of services to be offered to the public, it shall first notify SBFA and if an effect on represented employees is identified, shall meet and confer with SBFA regarding the effect of such decision on represented employees;
(c). Determine the budget for the CITY and its respective departments, to allocate MOU SBFA - FY 2022/2026
8 funds and resources and determine revenue sources;
(d). Determine methods, means, and the numbers and kinds of personnel by which services are to be provided;
(e). Determine whether goods or services shall be made, purchased or contracted for, provided, however, should the CITY determine to contract out bargaining unit work, it shall first meet and confer with SBFA regarding the effect of such decision on represented employees;
(f). Determine employee work assignments, including scheduling and assignment of work and overtime;
(g). Establish employee performance standards and require compliance therewith;
(h). Promote or hire employees and establish job qualifications, descriptions and requirements;
(i). Discharge, suspend, demote, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise discipline employees subject to the provisions of the City’s Personnel Rules and Regulations; (j). Relieve employees from duty because of lack of work or lack of funds or for other legitimate reasons;
(k). Implement rules, regulations and directives consistent with law and the provisions of this MOU;
(l). Take all necessary actions to protect the public health, safety and welfare in emergencies.

The manner in which the CITY exercises any of the rights under this paragraph shall not be subject to any grievance procedures.

SECTION 9 - EMPLOYEE RIGHTS
As a result of this MOU, no person shall be favored or discriminated against by either the CITY or SBFA, to the extent provided by law because of political or religious opinions or affiliations, race, national origin, age, sex, sexual orientation or disability.

Neither the CITY nor SBFA shall interfere with, intimidate, restrain, coerce, or discriminate against employees covered by this MOU because of the exercise of rights to engage or not engage in SBFA activity or because of the exercise of any right provided to employees by this MOU or the Meyers-Milias-Brown Act.

Nothing in this MOU shall be construed as a waiver of any of the following rights of individual employees which may be exercised in compliance with applicable laws, ordinances and rules and regulations:

MOU SBFA - FY 2022/2026
9 (a). The right to form, join and participate in the activities of employee organizations of the employee’s own choosing for the purpose of representation on matters of employer/employee relations or not to join or participate in the activities of any organization as provided in Solana Beach Resolution No. 92-52. All employees have a right to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal on the part of the management representatives, the supervisor, other employees, or employee organizations, with respect to his or her membership or non-membership in any employee organization.
(b). Pursuant to the Meyers-Milias-Brown Act, the right to represent himself or herself individually in employer/employee relations with the CITY or to be represented through a representative designated by the employee. (c). The right to review his or her individual personnel file during regular business hours, and at times convenient to the employee and Human Resources. The employee must give written notification of the request at least twenty-four (24) hours in advance to the Human Resources Department.

As the recognized employee organization, SBFA has the following rights which the CITY hereby recognizes:
(a). To govern its internal affairs;
(b). To use bulletin boards at CITY offices in locations convenient to SBFA and approved by the City Manager. SBFA shall have exclusive control over the material placed on the bulletin boards designated for its use; provided, however, that SBFA agrees to not post, and to immediately remove any unauthorized material, which is defamatory, violates CITY policies designed to assure a workplace free from harassment or discrimination, violates rules relating to political advocacy in the workplace, or violates any state or federal law;
(c). To use, with prior approval of the City Manager, CITY facilities for off-duty meetings of SBFA members; provided, however that use of CITY equipment or supplies other than incidental use during such meetings of items normally used at business meetings such as desks, chairs, blackboards, dry boards, and similar items is prohibited;
(d). To have reasonable access during working hours to members of SBFA for the purposes of providing representation and consultation; provided, however, that such access shall be subject to the approval of the Fire Chief in order to ensure no interference with the convenient operation of the Department and further provided that personal visits by business agents or representatives shall be subject to reasonable prior notice to the Chief; (e). To have up to two of its members designated as representatives for the purposes of meeting and conferring with the CITY and to have those members provided with reasonable time off without loss of pay, during scheduled work hours, when those representatives are meeting and MOU SBFA - FY 2022/2026
10 conferring with representatives of the CITY on matters within the scope of representation.

A SBFA representative shall be allowed to be present, at the request of any represented employee, during any hearing or meeting regarding discipline or a grievance:
(a). SBFA may designate one employee representative to assist an employee in preparing and presenting materials for disciplinary or grievance procedures.

The designated employee representative shall be allowed reasonable release time from regularly scheduled duties for the purpose of investigating and preparing material for such procedures. Supervisors shall be given at least one- day prior written notice in the event release time is requested, unless the supervisor agrees otherwise. Employee representatives, who investigate, prepare, or present materials during offduty time shall do so on their own time and shall not be considered to be working. Employee representatives and employees who attend personnel hearings during their off-duty time shall do so on their own time and shall not be considered to be working. If an employee who would otherwise be off-duty during the time of a personnel hearing is subpoenaed or ordered to attend the hearing, then the employee shall be considered to be working during the time the employee is in at the hearing in response to the order or subpoena. (b). A designated employee representative requesting time off under this Section shall direct the request to the Chief in writing within a reasonable time before the date requested. The Chief shall respond to the request as soon as feasible, but not later than 5:00 p.m. on the next business day following the request. The request may be denied only if the Chief determines that it would unreasonably interfere with departmental staffing or sufficient coverage of departmental assignments. If the Chief does not respond to the request within the time provided by this Section, the City Manager may grant the release time. If the Chief or Manager does not grant the release time because of workload or other scheduling reasons, the Chief or Manager shall give notice to the employee of a date or dates when the release time will be provided.

SECTION 10 - FULL UNDERSTANDING, MODIFICATION, WAIVER
It is the intent of the parties that this MOU set forth the full and entire understanding of matters agreed to upon conclusion of the meet and confer sessions that resulted in this MOU. Any other matters not contained herein that were or could have been addressed during the meet and confer sessions are superseded and terminated in their entirety. This MOU may not be amended except by a writing executed by the parties after appropriate negotiations.

During the term of this MOU neither party shall be required to negotiate with the other regarding changes or modifications of the MOU, except as defined and agreed to with respect to re-opener clauses. If during the term of this MOU it becomes necessary for either party to propose changes in matters within the scope of representation and not covered by this MOU, then the party proposing the change shall give written notice to MOU SBFA - FY 2022/2026
11 the other party of the proposed change and request consultation or meeting and conferring as appropriate. The party to whom the request is made shall indicate within ten days of receipt of the written notice, in writing, whether they approve of the change as proposed or whether the party desires to consult or meet and confer. If the party desires consultation or meeting and conferring, the parties shall meet promptly in an earnest effort to reach a mutually satisfactory resolution of the matter as quickly as possible. Failure by SBFA to request consultation or meeting and conferring shall not be deemed approval of any action taken by the CITY, but only as a waiver of the right to consult or meet and confer.

Nothing in this MOU shall be construed to limit the authority of the CITY to make changes required to respond to an emergency. However, the CITY shall notify SBFA of such changes as soon as reasonably feasible. Emergency changes shall not extend beyond the period of emergency. “Emergency” means an unforeseen circumstance requiring immediate implementation of the change.

The consent to, or waiver of, any breach, provision or condition of this MOU shall not constitute a precedent in the future enforcement of any or all of the provisions of this MOU, nor a consent to, or waiver of, any future breach, provision or condition, unless otherwise expressly stated to the contrary in writing.

SECTION 11 - LEAVE PROVISIONS
SBFA agrees to abide by City’s Administrative Policy #31, Vacation, Sick Leave, and Other Leaves Use and Accrual.

Section 11.1 Vacation
Paid vacation shall be accrued on an hourly basis as follows:

Months of Employment Accrued Hours
12 – 36 completion months 112 hours/year or

4.308 hours/pay period
37 – 120 completion months 168 hours/year or

6.461 hours/pay period
121+ completion months 224 hours/year or

8.616 hours/pay period
Full-time employees shall be entitled to earn and use vacation time according to the provisions of the City Personnel Rules and Regulations and the Fire Department Vacation Policy as amended as of the date of this MOU.

Section 11.2 Sick Leave
Fire employees who regularly work a schedule that averages 56 hours per week shall accrue sick leave at the rate of 7.385 hours per biweekly pay period. There shall be no limit to the amount of sick leave that an employee may accumulate.

MOU SBFA - FY 2022/2026
12 Full-time employees shall be entitled to earn and use sick leave according to the provisions of the City Personnel Rules.

Sick Leave Conversion: Personnel Rules and Regulations Section 10.02(E) will be revised to reflect that 40 hours of sick leave may be converted to vacation leave when an employee has not used up more than 40 hours of sick leave during the previous year. All other provisions and requirements regarding Sick Leave will remain unchanged.

Section 11.3 Holiday
Holidays and holiday pay are generally governed by the City Personnel Rules and Regulations. However, because employees subject to this MOU are required to work shifts to provide full time fire protection services, each fire department safety employee working shift work shall receive an annual total of 122 hours of Holiday-inLieu payable in equal installments each two-week pay period. Holiday-in-Lieu is considered “Special Compensation” by CalPERS and California Code of Regulations (CCR) 571(5) defines “Holiday Pay” as additional compensation for employees who are normally required to work on an approved holiday because they work in positions that require staffing without regards to holidays. Therefore, CalPERS considers Holiday Pay as pensionable compensation.

Section 11.3(a) Holiday-in-Lieu and Regular Rate of Pay

Effective with the first full pay period in July 2022, the City will no longer consider holiday-in-lieu pay when calculating a SBFA member’s regular rate of pay.

Section 11.4 Bereavement Leave
Bereavement Leave is generally granted so an employee does not have the shock of a death in the immediate family compounded by the loss of pay. All hours of Bereavement Leave will count as hours worked for the purposes of FLSA calculations.

Section 11.4.1 Immediate and Extended Family Definitions Members of the immediate family are defined as an employee’s spouse, registered domestic partner, children, father, mother, brothers, sisters, father-in-law, mother-inlaw, brothers-in-law, sisters-in-law, fiancés, and grandparents.

Members of the extended family are defined as an employee’s aunts, uncles, and first cousins.

Section 11.4.2 Bereavement Policy
SBFA Members will be granted reasonable bereavement time off without the loss of pay, as follows:

When a death occurs in an employees’ immediate family (as defined in Section MOU SBFA - FY 2022/2026
13 11.4.1), a shift employee will be allowed up to two (2) shifts with pay for the emergency. A day shift employee will be allowed up to five (5) workdays with pay for the emergency. The Fire Chief shall have discretion to grant or deny the written request of a shift employee for up to two (2) additional shifts of paid bereavement leave for the death of an immediate family member.

When a death occurs in an employee’s extended family, (as defined in Section

11.4.1), day shift employees will be allowed four (4) days of paid bereavement leave and shift employees will be allowed two (2) shifts of paid bereavement leave.

Section 11.5 Witness Duty
Notwithstanding the Witness Duty Section of the City of Solana Beach Personnel Rules and Regulations Manual, if an employee is required by subpoena to appear in court on a matter arising out of the course and scope of their employment, at a time other than a regular work shift of the employee, the employee shall be entitled to one additional hour of compensation in lieu of travel time.

Section 11.6 Union Leave
During the month of January, employees may voluntarily donate up to four (4) hours of Vacation per calendar year to a Union Time Bank to be used by Employees to attend activities such as conferences, educational opportunities, and related union business as verified and authorized by the President of the Association (or his/her designee) and approved by the City Manager (or his/her designee). Such time shall not be considered City work time, but rather, off-duty time engaged in voluntary union business activities. The use of such leave time shall be considered hours worked for the purposes of calculating overtime under the FLSA.

The maximum amount of Union Leave hours permitted to count as time worked for the purposes of calculating overtime is limited to no more than eight (8) hours per employee per day.

Donated leave time shall be converted at the employee's current hourly rate. Unused hours placed in the bank will carry over to the next calendar year.

In the event there are insufficient hours in the bank to cover the employee's time attending union business activities, the employee is required to obtain advance approval from the Fire Chief and City Manager for paid or unpaid leave to cover any absence from work.

The Association indemnifies and holds the City of Solana Beach harmless from any claims of any kind arising from the use of these hours. An employee paid with these hours is not considered working or performing duties within the scope of his/her position for the City of Solana Beach.

Section 11.7 Special Leaves of Absence Without Pay
MOU SBFA - FY 2022/2026
14 An employee who has been employed by the CITY for at least 12 months and who has been employed for at least 1250 hours of service during the 12-month period immediately preceding the commencement of leave shall be entitled to a leave or leaves of absence, without pay, with right to return to the position, as specified by the Family Leave and Medical Act of 1993 (California Government Code 12945.2) and California Family Rights Act or other such provisions by Federal and State Statute.

SECTION 12 - LIFE INSURANCE
The CITY shall provide life insurance coverage through group policy acquired by the CITY for all CITY employees with basic coverage at an amount equal to the employee’s annual base salary.

SECTION 13 - NEGOTIATIONS FOR A SUCCESSOR AGREEMENT
Negotiations for a successor MOU shall begin by the submission by either party of a proposal or a written request to meet and confer not later than March 1, 2026.

If a proposal or request is submitted, meet and confer sessions shall begin by March 15, 2026, and shall continue until an agreement is reached or until an inability to reach agreement (impasse) is declared. The parties agree to use good faith efforts to conclude meet and confer sessions before June 30, 2026.

If neither party submits a proposal or request to meet and confer, the wages, hours and terms and conditions of employment of this MOU shall automatically continue in full force and effect for an additional one-year term. In the event of such automatic extension, the time for exchanging proposals and opening negotiations as set forth in this Article shall be adjusted accordingly. This process of automatic extensions in the event of a failure by either party to submit a proposal or written request to meet and confer may continue from year to year.

SECTION 14 - OVERTIME
Employees shall be entitled to overtime pay or compensatory time off in lieu of overtime pay as provided in Section 9.02 of the City’s Personnel Rules and Regulations and as specified below, provided that, pursuant to Personnel Rule Section 1.06, the provisions of the MOU shall prevail over the Personnel Rules in the event of a conflict. Nothing in this MOU or the Personnel Rules and Regulations shall be construed as guaranteeing that overtime work will be available.

Definitions:

Work Period
The FLSA “Work Period” for members of the Solana Beach Firefighter’s Association shall be defined as a 24-day work-period cycle coinciding with the 24-day Firefighter’s Shift Schedule. The parties understand that the City’s adoption of the aforementioned 24-day, 182-hour work period pursuant to Section 7(k) of the Fair Labor Standards Act remains in full force and effect through the term of the MOU. However, overtime entitlements will be based on the criteria set forth in the next section entitled “Calculation of Overtime”.

MOU SBFA - FY 2022/2026
15 Calculation of Overtime
Overtime shall be calculated based on a 24-day, 182-hour work period and overtime shall be paid for all hours worked over 182 hours per work period. Employees shall receive payment for 112 hours worked at the employee’s base rate of pay (as reflected in the City’s salary schedule) every two weeks on the City’s regularly scheduled payday. Employees shall be compensated for any overtime at the employee’s base rate plus one-half times the employee’s FLSA regular rate of pay. Any overtime shall be paid to employees in the employees’ regular bi-weekly check following the prior 24-day work period. The starting and ending dates for each 24-day work-period and the corresponding pay dates for any overtime owed to employees is attached to this MOU as Appendix C.

Paid Leave Considered Time Worked
All paid leave hours will be considered hours worked (with the exception of worker’s compensation and leave without pay).

Additionally, all FLSA mandated specialty pays will be annualized for purposes of calculating the FLSA regular rate of pay effective with the 24-day work cycle that began on July 9, 2018.

Mandated Work (Force Hire)
Mandated Work (Force Hire) time will be paid at the employee’s base rate plus one half times the FLSA regular rate of pay and will count as time worked for the purposes of calculating overtime. Mandated Work can only be authorized by the Fire Chief or his/her designee and will be monitored by the City in the following six-month time periods starting from the execution of this MOU: July 2022 and January 2023. If, during any of the designated six-month increments, the amount of Mandated Work hours exceeds 5% of the total hours worked, the City reserves the right to reopen the MOU to discuss modifications to this specific provision of the MOU.

Modified Work Schedules
The 24-day work cycle does not apply to employees on a modified work schedule of 40 hours per workweek. During the time an employee is working a modified work schedule, they are not authorized to work overtime (over 40 hours in a work week) without the written permission of the Fire Chief. This applies only while the employee is on a modified work schedule. Once the employee returns to 24-day work-period cycle, the employee may continue to earn overtime based upon the 24-day, 182-hour work period (as set forth above). The hours worked on the modified work schedule count as hours worked for the purposes of calculating overtime.

Fire Chief Authority and Emergency Provision
In the event of an emergency, the Fire Chief or his designee has the authority to waive any and all requirements for overtime compensation eligibility as specified within this Overtime section of the MOU, in order to require a sufficient amount of employee resources for purposes of staffing during an emergency. The Fire Chief, or his designee, has full authority to grant or deny all overtime and leave requests, in accordance with applicable Department of Labor rules and regulations.

MOU SBFA - FY 2022/2026
16 SECTION 15 - PARAMEDIC INCENTIVE PAY and CONTINUING LICENSURE

INCENTIVE (CLI) PAY
The City will provide Continuing Licensure Incentive (CLI) pay for all SBFA members who maintain an active County Paramedic License as listed below. SBFA eligible members must provide the City (Human Resources Department) with evidence of their renewed license each year on the anniversary date of their employment with the City. SBFA eligible members, who provide the appropriate documentation, will receive CLI paid in equal installments each two-week pay period in conjunction with their Holiday-in-Lieu pay. • Firefighter/Paramedic: $1,008 per year ($84 per month) • Fire Engineer: $1200 per year ($100 per month)
• Fire Captain: $1200 per year ($100 per month)
SECTION 16 - PEACEFUL PERFORMANCE OF CITY SERVICES
No Strike. During the term of this MOU, and any authorized extensions, or subsequent negotiations, neither SBFA nor any represented employee, agents or representatives will instigate, promote, sponsor, engage in, or condone any strike (including any sympathy strike), slowdown, concerted stoppage of work, sick-out, or any other intentional disruption of the operations of the CITY, regardless of the reason for doing so. SBFA recognizes and agrees that the concerted activity described in this paragraph would have a significant adverse impact on the public health, safety, and welfare.

Penalty. Any employee engaging in the activity prohibited by “No Strike” under this Article, or who instigates or gives leadership to such activity, shall be subject to discipline, up to and including termination of employment.

No Lockout. During the term of this MOU, the CITY will not instigate a lockout over a dispute with employees so long as there is no breach as stated in this Article. The CITY recognizes and agrees that a lockout would have a significant adverse impact on the public health, safety and welfare.

Association Official Responsibility. Each employee or other person who holds the position of an officer of SBFA occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provisions of this Article; therefore, such employees or other persons agree to inform its members of their obligations under this Article, and to inform them of the penalty for failure to comply.

Enforcement. In the event the CITY is required to enforce the provisions of the Article "Peaceful Performance of City Services," by court action, or in the event that SBFA is required to enforce the provisions of said Article, by court action, a temporary restraining order, preliminary injunction and permanent injunction may be issued.

SECTION 17 - PRIOR AGREEMENTS
The provisions of this MOU shall supersede and replace the provisions of the Memorandum of Understanding last executed between SBFA and the CITY. The benefits and other terms and conditions of employment provided pursuant to the City’s Personnel Rules and Regulations shall continue to apply except to the extent modified by this MOU.

MOU SBFA - FY 2022/2026
17 SECTION 18 - REOPENERS
During the term of this MOU, the parties agree to meet to discuss regarding the following terms:
• Fire Management Blended Policies
• California Firefighters Benefit Trust Account Setup
• Personnel Rules and Regulations update
SECTION 19 - RETIREE HEALTH BENEFITS
During the term of this MOU, the City agrees to remain in CalPERS in order to provide healthcare coverage to active employees and retiree healthcare benefits to retired employees. The City agrees to pay Retiree Health Benefits (RHB) as follows:

SBFA members currently employed who retire from the City at a future date, shall receive the following RHB in recognition of their vested rights and service to the City:

A. SBFA members hired prior to January 1, 2007, shall receive a maximum of $290.00 per month as a RHB for medical insurance premiums and other eligible health care expenses that will be paid to a Health Reimbursement Arrangement (HRA) account established for the retired employee. The HRA will be administered by a third-party administrator (TPA) and the retired employee will be responsible for any monthly account maintenance fee(s).

If the retired employee elects to enroll in the CalPERS Retiree Health Plan, the City will subtract the required minimum employer contribution amount as required under the Public Employees' Medical & Hospital Care Act (PEMHCA) from the retiree’s RHB and pay that amount to CalPERS directly. Any remaining left-over RHB balance will be paid to the retiree as a reimbursement of the required premium for coverage under the CalPERS Retiree Health Plan. The reimbursement will be processed through the HRA.

If the retired employee does not elect to enroll in the CalPERS Retiree Health Plan, the contribution of the retiree’s RHB amount will be made to the retiree’s HRA account.

B. SBFA members with a date of hire on or after January 1, 2007, who subsequently retire from the City AND enroll in the CalPERS Retiree Health Plan, will only receive the “minimum” retirement benefit contribution amount required under PEMHCA to offset their CalPERS Retiree Health Plan costs. This amount will be paid to CalPERS directly.

If the retired employee does not enroll in the CalPERS Retiree Health Plan, no Retiree Health Benefit payments will be made to the retiree by the City.

SECTION 20 - California Firefighters Benefit Trust
The City is currently working with the California Firefighters Benefit Trust to set up the account.

This item is listed as a Reopener under Section 18.

MOU SBFA - FY 2022/2026
18 SECTION 21 - RETIREMENT SYSTEM CONTRIBUTIONS
Retirement benefits are subject to the Public Employees’ Pension Reform Act (PEPRA) and related Public Employees’ Retirement Law (PERL). If there is a conflict between this MOU and requirements pursuant to PEPRA and/or PERL, PEPRA and PERL shall prevail.

A. Employees hired prior to January 1, 2011:

The CITY will continue to provide a three percent at 50 (3%@50) retirement benefit from the California Public Employee Retirement System (CalPERS), with the use of the employee’s single highest year salary, for SBFA employees hired on or before December 31, 2010. The employee will pay the entire employee share (9%) of the cost for this benefit.

1. Cost Sharing of Employer Contribution:
i. Effective the first full pay period in July 2017, and as soon as the City’s contract with CalPERS can be amended, employees will contribute 3% towards the employer’s share in addition to the employee paying the entire employee share of 9%, for a total of 12%.

B. For classic employees (as defined by CalPERS) hired on or after January 1, 2011:

Classic employees (as defined by CalPERS) hired on or after January 1, 2011, will be eligible for a two percent at 50 (2% @50) retirement benefit in the California Public Employees Retirement System (CalPERS), with the use of the average of the employee’s highest-three-year-salary. These employees will pay the entire employee share (9%) of the cost for this benefit.

1. Cost Sharing of Employer Contribution:
i. Effective the first full pay period in July 2017, and as soon as the City’s contract with CalPERS can be amended, employees will contribute 3% towards the employer’s share of the retirement contribution in addition to the employee paying the entire employee share, for a total of 12%.

C. Employees hired on or after January 1, 2013, and defined by CalPERS as new members:

Employees hired on or after January 1, 2013, considered new members (as defined by CalPERS) will receive the 2.7% at 57 retirement formula, with the use of the average of the employee’s highest-three-year-salary. Employees shall pay 50% of the normal cost contribution.

SECTION 22 - SALARY ADJUSTMENT
The parties jointly agree that the following salary increases shall be applicable for the term of this MOU for the SBFA classifications as specified on the salary schedules in MOU SBFA - FY 2022/2026
19 Appendix B:
• Year One (FY 2022/2023): effective first full pay period in July 2022 • 7% salary increase for all SBFA positions
• Year Two (FY 2023/2024):
• 3.0% salary increase for all SBFA positions, effective the first full pay period in July 2023
• Year Three (FY 2024/2025):
• 3.0% salary increase for all SBFA positions, effective the first full pay period in July 2024
• Year Four (FY 2025/2026):
• 3.0% salary increase for all SBFA positions, effective the first full pay period in July 2025
Pay increases in salary resulting from employee-employer negotiations will be effective on the first full pay period of each July during the term of this MOU, as indicated above.

Pay increases in salary resulting from merit increases will become effective on the employee's anniversary date, as approved by the City Manager and in accordance with the City of Solana Beach Personnel Rules and Regulations.

The proposed salary schedule implementing this Article is attached as Appendix B to this MOU.

SECTION 23 - SAVINGS CLAUSE
If any provisions of this MOU should be found invalid, unlawful or unenforceable by reason of any existing or subsequently enacted legislation or by judicial authority, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU.

In the event of invalidation of any of the provisions of this MOU, the SBFA and CITY agree to meet and confer within thirty days of notice by either to the other for the purpose of renegotiating said provision.

SECTION 24 - SEVERABILITY
It is understood and agreed that this MOU is subject to applicable law. In the event any part or provision of this MOU is in conflict or inconsistent with such law, or is otherwise held to be invalid or unenforceable by a court of competent jurisdiction, such part or provision shall be deemed severable and the remainder of this MOU shall not be affected.

MOU SBFA - FY 2022/2026
20 SECTION 25 - TEMPORARY ASSIGNMENT
Whenever a temporary vacancy occurs in a higher classification and the Fire Chief determines that the vacant position should be temporarily filled by a current employee, the Fire Chief may assign a qualified, lower-classified employee to temporarily fill the position. Whenever practical, the Fire Chief shall assign employees who have demonstrated ability to perform the duties of the position to which the assignment is made.

Less than 6-hour assignment: It is understood and agreed that temporary assignments for less than 6 hours may be made as part of the normal operation of the department and therefore, no extra compensation shall be paid for temporary assignments of less than 6 hours.

Assignment of 6 hours or more: If an employee is temporarily assigned to a position with a higher pay classification for 6 hours or more, the employee shall be paid at the lowest pay step of the higher classification, but not less than 5%, which shall constitute “Acting Pay.” However, Acting Pay for temporary assignment of Fire Captain to Shift Fire Captain, the employee shall be paid at the lowest pay step of the higher classification, but not less than 2%, which should constitute “Acting Pay.” The CITY shall continue the current practice of filling vacancies on a rank for rank basis. If a long-term temporary position becomes available, the City Manager or Fire Chief at his or her discretion may choose a qualified person from the current active list to fill that position during the time of the vacancy.

If an employee on a current promotional list is temporarily assigned to a higher classification and subsequently promoted while serving in that temporary assignment, the time worked in the temporary assignment shall be counted towards the probationary time of the employee’s new position.

SECTION 26 - PLACEMENT AND HIRE OF NEW AND TEMPORARY SOLANA BEACH

EMPLOYEES
If a temporary vacancy occurs due to a specific incident (*), the Fire Chief has the discretion to use a temporary Firefighter to fill the vacant position.

The temporary and/or full-time firefighter/paramedic will take part in a new hire orientation program prior to being placed on shift. The content and the duration of the new hire orientation training shall be a minimum of three weeks (56 hours per week) and shall cover OSHA mandated training on injury and accident prevention, Infection Control, Harassment policies, and mandatory Personal Protective Equipment ensemble and SCBA fit testing. Additional training topics may be added and topics deleted as deemed necessary. Any additional orientation training time will be at the recommendation of the Fire Chief and approval of the City Manager on a case-by-case basis.

An example of the basic outline of the orientation to fulfill the adopted philosophy and to cover additional non-mandated information would include new employee operational readiness, such as employee benefits and basic procedural operations, prior to placement on shift as a firefighter/paramedic.

MOU SBFA - FY 2022/2026
21 The order, content, and schedule of the training may be modified as deemed necessary by the Fire Chief in order to meet training objectives.

Following the new orientation program, if the temporary employee is deemed qualified to perform the duties of the position, the Public Safety Director/Fire Chief has the discretion to extend the use of the temporary employee as appropriate and necessary to provide emergency services. If at any time the temporary employee is deemed unqualified and the temporary appointment terminated, the new vacancy created by the termination will be deemed a new incident for purposes of providing in-house shift availability.

Definitions:

Incident: An incident is defined as a vacancy resulting in the absence of an employee. If the incident is due to a personal or family injury or illness, once the employee is returned to full duty or returns to work for 45 days, the specific incident is considered closed. Any new absences for the same employee would be considered a new incident and follow the use of Temporary “Part-time” Employees as defined in Personnel Rules and Regulations Section

2.50. Qualified Employee: A qualified employee must meet the minimum qualifications as specified in the appropriate Classification Specification.

SECTION 27 - TERM
The term of this MOU shall commence on July 1, 2022, subject to formal approval by the City Council, and shall expire at 12:00 a.m. (midnight), on June 30, 2026.

SECTION 28 - TOBACCO USE
Use of tobacco or tobacco products by any employee of the Fire Department whether on or off duty is prohibited.

SECTION 29 - TUITION REIMBURSEMENT
Each full-time permanent SBFA member who has completed the probationary period shall be eligible for tuition reimbursement up to $2,000 per fiscal year in tuition reimbursement for college level courses or additional training, or when such courses or training are required to obtain or maintain a job-related certificate, or any other course previously approved by the department head. All classes would require prior approval from the Fire Chief and as authorized by the City Manager for the employee to receive any reimbursement. The employee shall be reimbursed for fees and/or tuition only upon conclusion of each individual course with a grade of “C” or better or successful completion of courses that do not assign grades. Proof of satisfactory course completion and payment must be provided.

MOU SBFA - FY 2022/2026
22 SECTION 30 – PROMOTIONAL MINIMUM EDUCATIONAL ELIGIBILITY

REQUIREMENTS
SBFA recognizes and agrees that a bachelor’s degree will be the minimum educational eligibility requirement for any Battalion Chief exam offered or administered.

SECTION 31 – EDUCATIONAL INCENTIVE PAY
The City will provide Educational Incentive Pay (EIP) to all SBFA members who currently possesses or during the term of this MOU acquire an Associate’s (AA/AS) degree or a Bachelor’s (BA/BS) degree from an accredited college or university. SBFA eligible members must provide the City (Human Resources Department) with evidence of their AA/AS or BA/BS degree in order to qualify for this pay. EIP shall begin at the beginning of a pay period following when such evidence is received by the Human Resources Department and shall not be retroactive. SBFA eligible members, who provide the appropriate documentation, will receive EIP in equal installments each two-week pay period in conjunction with their Holiday-in-Lieu pay.
• Associate’s degree: $960 per year ($80 per month)
• Bachelor’s degree: $1800 per year ($150 per month)
EIP is not cumulative and the maximum EIP a SBFA member may receive is $1,800 per fiscal year ($150 per month)
MOU SBFA - FY 2022/2026

APPENDIX A
SBFA represents that this Memorandum of Understanding has been duly ratified by its membership. Following approval of this Memorandum of Understanding by the City Council, its terms and conditions shall be implemented by appropriate ordinance, resolution, or other appropriate lawful action.

CITY:

B
z;>,2;t,/:;,;,1" y:------------
By:------------
Date:

Sep 20, 2022 ----------
APPROVED AS TO LEGAL FORM:

By:----------
JOHANNA N. CANLAS

CITY ATTORNEY
Date: Sep 22, 2022
ATTEST:

By: _________ _ ANGELA IVEY

CITY CLERK
Date: __________ _
23 SBFA:

By: Eric Phillips (Sep 20, 2022 08:14 PDT)
t:Ja11 ?e.rter
By: Rycin Pester (Sep 20, 2022 10:40 PDT}
Date: Sep 20, 2022
CITY COUNCIL:

By:----------

LESA HEEBNER
MAYOR
Date: ----------
September 22, 2022
September 22, 2022
MOU SBFA - FY 2022/2026
24 APPENDIX B

SBFA SALARY SCHEDULES
SALARY SCHEDULE 5
JULY 2, 2022
Classification Step A Step B Step C Step D Step E
5091 Firefighter / Paramedic
Base Rate $ 28.07 $ 29.47 $ 30.94 $ 32.50 $ 34.12
OT Premium $ 14.04 $ 14.74 $ 15.47 $ 16.25 $ 17.06
Bi-weekly Base (1) $ 3,144 $ 3,301 $ 3,465 $ 3,640 $ 3,821 Monthly Base (1) $ 6,812 $ 7,151 $ 7,508 $ 7,887 $ 8,280 Annual Base (1) $ 81,739.84 $ 85,816.64 $ 90,097.28 $ 94,640.00 $ 99,357.44 Estimated Annual FLSA OT(2) $ 2,190 $ 2,299 $ 2,413 $ 2,535 $ 2,661 Estimated Annual Total (2) $ 83,930.08 $ 88,116.08 $ 92,510.60 $ 97,175.00 $ 102,018.80 5100 Fire Engineer
Base Rate $ 30.37 $ 31.89 $ 33.48 $ 35.16 $ 36.93
OT Premium $ 15.19 $ 15.95 $ 16.74 $ 17.58 $ 18.47
Bi-weekly Base (1) $ 3,401 $ 3,572 $ 3,750 $ 3,938 $ 4,136 Monthly Base (1) $ 7,370 $ 7,739 $ 8,124 $ 8,532 $ 8,962 Annual Base (1) $ 88,437.44 $ 92,863.68 $ 97,493.76 $ 102,385.92 $ 107,540.16 Estimated Annual FLSA OT(2) $ 2,370 $ 2,488 $ 2,611 $ 2,742 $ 2,881 Estimated Annual Total (2) $ 90,807.08 $ 95,351.88 $ 100,105.20 $ 105,128.40 $ 110,421.48 5099 Fire Captain
Base Rate $ 33.54 $ 35.22 $ 36.99 $ 38.84 $ 40.79
OT Premium $ 16.77 $ 17.61 $ 18.50 $ 19.42 $ 20.40
Bi-weekly Base (1) $ 3,756 $ 3,945 $ 4,143 $ 4,350 $ 4,568 Monthly Base (1) $ 8,139 $ 8,547 $ 8,976 $ 9,425 $ 9,898 Annual Base (1) $ 97,668.48 $ 102,560.64 $ 107,714.88 $ 113,102.08 $ 118,780.48 Estimated Annual FLSA OT(2) $ 2,616 $ 2,747 $ 2,886 $ 3,030 $ 3,182 Estimated Annual Total (2) $ 100,284.60 $ 105,307.80 $ 110,600.88 $ 116,131.60 $ 121,962.88 5109 Fire Captain (Shift)
Base Rate $ 34.22 $ 35.93 $ 37.73 $ 39.62 $ 41.60
OT Premium $ 17.11 $ 17.97 $ 18.87 $ 19.81 $ 20.80
Bi-weekly Base (1) $ 3,833 $ 4,024 $ 4,226 $ 4,437 $ 4,659 Monthly Base (1) $ 8,304 $ 8,719 $ 9,156 $ 9,614 $ 10,095 Annual Base (1) $ 99,648.64 $ 104,628.16 $ 109,869.76 $ 115,373.44 $ 121,139.20 Estimated Annual FLSA OT(2) $ 2,669 $ 2,803 $ 2,944 $ 3,090 $ 3,245 Estimated Annual Total (2) $ 102,317.80 $ 107,431.48 $ 112,813.48 $ 118,463.80 $ 124,384.00 (1) Weekly, Bi-weekly, and Annual "base rates" are determined by calculating 112 hours of straight time paid in 26 pay periods. These rates do not include FLSA Overtime.
(2) Estimated Annual FLSA OT Premium is compensation required under Department of Labor Fair Labor Standards Act (FLSA) Section 29 CFR 553.230 (Section 7(k)) and is compensated based on Fire Department 24-day Work Period resulting in approx. 10 hours of OT Premium pay per 24-day Work Period.

MOU SBFA - FY 2022/2026
25 SBFA SALARY SCHEDULES
SALARY SCHEDULE 5
JULY 1, 2023
Classification Step A Step B Step C Step D Step E
5091 Firefighter / Paramedic
Base Rate $ 28.91 $ 30.35 $ 31.87 $ 33.48 $ 35.14
OT Premium $ 14.46 $ 15.18 $ 15.94 $ 16.74 $ 17.57
Bi-weekly Base (1) $ 3,238 $ 3,399 $ 3,569 $ 3,750 $ 3,936 Monthly Base (1) $ 7,015 $ 7,365 $ 7,734 $ 8,124 $ 8,527 Annual Base (1) $ 84,185.92 $ 88,379.20 $ 92,805.44 $ 97,493.76 $ 102,327.68 Estimated Annual FLSA OT(2) $ 2,256 $ 2,368 $ 2,487 $ 2,611 $ 2,741 Estimated Annual Total (2) $ 86,441.68 $ 90,747.28 $ 95,292.08 $ 100,105.20 $ 105,068.60 5100 Fire Engineer
Base Rate $ 31.28 $ 32.85 $ 34.48 $ 36.21 $ 38.04
OT Premium $ 15.64 $ 16.43 $ 17.24 $ 18.11 $ 19.02
Bi-weekly Base (1) $ 3,503 $ 3,679 $ 3,862 $ 4,056 $ 4,260 Monthly Base (1) $ 7,591 $ 7,972 $ 8,367 $ 8,787 $ 9,231 Annual Base (1) $ 91,087.36 $ 95,659.20 $ 100,405.76 $ 105,443.52 $ 110,772.48 Estimated Annual FLSA OT(2) $ 2,440 $ 2,563 $ 2,689 $ 2,825 $ 2,967 Estimated Annual Total (2) $ 93,527.20 $ 98,222.28 $ 103,095.20 $ 108,268.68 $ 113,739.60 5099 Fire Captain
Base Rate $ 34.55 $ 36.28 $ 38.10 $ 40.01 $ 42.01
OT Premium $ 17.28 $ 18.14 $ 19.05 $ 20.01 $ 21.01
Bi-weekly Base (1) $ 3,870 $ 4,063 $ 4,267 $ 4,481 $ 4,705 Monthly Base (1) $ 8,384 $ 8,804 $ 9,246 $ 9,709 $ 10,194 Annual Base (1) $ 100,609.60 $ 105,647.36 $ 110,947.20 $ 116,509.12 $ 122,333.12 Estimated Annual FLSA OT(2) $ 2,696 $ 2,830 $ 2,972 $ 3,122 $ 3,278 Estimated Annual Total (2) $ 103,305.28 $ 108,477.20 $ 113,919.00 $ 119,630.68 $ 125,610.68 5109 Fire Captain (Shift)
Base Rate $ 35.25 $ 37.01 $ 38.86 $ 40.81 $ 42.85
OT Premium $ 17.63 $ 18.51 $ 19.43 $ 20.41 $ 21.43
Bi-weekly Base (1) $ 3,948 $ 4,145 $ 4,352 $ 4,571 $ 4,799 Monthly Base (1) $ 8,554 $ 8,981 $ 9,430 $ 9,903 $ 10,398 Annual Base (1) $ 102,648.00 $ 107,773.12 $ 113,160.32 $ 118,838.72 $ 124,779.20 Estimated Annual FLSA OT(2) $ 2,750 $ 2,888 $ 3,031 $ 3,184 $ 3,343 Estimated Annual Total (2) $ 105,398.28 $ 110,660.68 $ 116,191.40 $ 122,022.68 $ 128,122.28 (1) Weekly, Bi-weekly, and Annual "base rates" are determined by calculating 112 hours of straight time paid in 26 pay periods. These rates do not include FLSA Overtime.
(2) Estimated Annual FLSA OT Premium is compensation required under Department of Labor Fair Labor Standards Act (FLSA) Section 29 CFR 553.230 (Section 7(k)) and is compensated based on Fire Department 24-day Work Period resulting in approx. 10 hours of OT Premium pay per 24-day Work Period.

MOU SBFA - FY 2022/2026
26 SBFA SALARY SCHEDULES
SALARY SCHEDULE 5
JULY 13, 2024
Classification Step A Step B Step C Step D Step E
5091 Firefighter / Paramedic
Base Rate $ 29.78 $ 31.26 $ 32.83 $ 34.48 $ 36.19
OT Premium $ 14.89 $ 15.63 $ 16.42 $ 17.24 $ 18.10
Bi-weekly Base (1) $ 3,335 $ 3,501 $ 3,677 $ 3,862 $ 4,053 Monthly Base (1) $ 7,227 $ 7,586 $ 7,967 $ 8,367 $ 8,782 Annual Base (1) $ 86,719.36 $ 91,029.12 $ 95,600.96 $ 100,405.76 $ 105,385.28 Estimated Annual FLSA OT(2) $ 2,323 $ 2,438 $ 2,562 $ 2,689 $ 2,824 Estimated Annual Total (2) $ 89,042.20 $ 93,467.40 $ 98,162.48 $ 103,095.20 $ 108,208.88 5100 Fire Engineer
Base Rate $ 32.22 $ 33.84 $ 35.51 $ 37.30 $ 39.18
OT Premium $ 16.11 $ 16.92 $ 17.76 $ 18.65 $ 19.59
Bi-weekly Base (1) $ 3,609 $ 3,790 $ 3,977 $ 4,178 $ 4,388 Monthly Base (1) $ 7,819 $ 8,212 $ 8,617 $ 9,051 $ 9,508 Annual Base (1) $ 93,824.64 $ 98,542.08 $ 103,405.12 $ 108,617.60 $ 114,092.16 Estimated Annual FLSA OT(2) $ 2,513 $ 2,640 $ 2,771 $ 2,909 $ 3,056 Estimated Annual Total (2) $ 96,337.80 $ 101,181.60 $ 106,175.68 $ 111,527.00 $ 117,148.20 5099 Fire Captain
Base Rate $ 35.59 $ 37.37 $ 39.24 $ 41.21 $ 43.27
OT Premium $ 17.80 $ 18.69 $ 19.62 $ 20.61 $ 21.64
Bi-weekly Base (1) $ 3,986 $ 4,185 $ 4,395 $ 4,616 $ 4,846 Monthly Base (1) $ 8,637 $ 9,068 $ 9,522 $ 10,000 $ 10,500 Annual Base (1) $ 103,638.08 $ 108,821.44 $ 114,266.88 $ 120,003.52 $ 126,002.24 Estimated Annual FLSA OT(2) $ 2,777 $ 2,916 $ 3,061 $ 3,215 $ 3,376 Estimated Annual Total (2) $ 106,414.88 $ 111,737.08 $ 117,327.60 $ 123,218.68 $ 129,378.08 5109 Fire Captain (Shift)
Base Rate $ 36.31 $ 38.12 $ 40.03 $ 42.03 $ 44.14
OT Premium $ 18.16 $ 19.06 $ 20.02 $ 21.02 $ 22.07
Bi-weekly Base (1) $ 4,067 $ 4,269 $ 4,483 $ 4,707 $ 4,944 Monthly Base (1) $ 8,811 $ 9,250 $ 9,714 $ 10,199 $ 10,711 Annual Base (1) $ 105,734.72 $ 111,005.44 $ 116,567.36 $ 122,391.36 $ 128,535.68 Estimated Annual FLSA OT(2) $ 2,833 $ 2,973 $ 3,123 $ 3,279 $ 3,443 Estimated Annual Total (2) $ 108,567.68 $ 113,978.80 $ 119,690.48 $ 125,670.48 $ 131,978.60 (1) Weekly, Bi-weekly, and Annual "base rates" are determined by calculating 112 hours of straight time paid in 26 pay periods. These rates do not include FLSA Overtime.
(2) Estimated Annual FLSA OT Premium is compensation required under Department of Labor Fair Labor Standards Act (FLSA) Section 29 CFR 553.230 (Section 7(k)) and is compensated based on Fire Department 24-day Work Period resulting in approx. 10 hours of OT Premium pay per 24-day Work Period.

MOU SBFA - FY 2022/2026
27 SBFA SALARY SCHEDULES
SALARY SCHEDULE 5
JULY 12, 2025
Classification Step A Step B Step C Step D Step E
5091 Firefighter / Paramedic
Base Rate $ 30.67 $ 32.20 $ 33.81 $ 35.51 $ 37.28
OT Premium $ 15.34 $ 16.10 $ 16.91 $ 17.76 $ 18.64
Bi-weekly Base (1) $ 3,435 $ 3,606 $ 3,787 $ 3,977 $ 4,175 Monthly Base (1) $ 7,443 $ 7,814 $ 8,205 $ 8,617 $ 9,047 Annual Base (1) $ 89,311.04 $ 93,766.40 $ 98,454.72 $ 103,405.12 $ 108,559.36 Estimated Annual FLSA OT(2) $ 2,393 $ 2,512 $ 2,638 $ 2,771 $ 2,908 Estimated Annual Total (2) $ 91,704.08 $ 96,278.00 $ 101,092.68 $ 106,175.68 $ 111,467.20 5100 Fire Engineer
Base Rate $ 33.19 $ 34.86 $ 36.58 $ 38.42 $ 40.36
OT Premium $ 16.60 $ 17.43 $ 18.29 $ 19.21 $ 20.18
Bi-weekly Base (1) $ 3,717 $ 3,904 $ 4,097 $ 4,303 $ 4,520 Monthly Base (1) $ 8,054 $ 8,459 $ 8,877 $ 9,323 $ 9,794 Annual Base (1) $ 96,649.28 $ 101,512.32 $ 106,520.96 $ 111,879.04 $ 117,528.32 Estimated Annual FLSA OT(2) $ 2,590 $ 2,719 $ 2,853 $ 2,997 $ 3,148 Estimated Annual Total (2) $ 99,238.88 $ 104,231.40 $ 109,374.20 $ 114,875.80 $ 120,676.40 5099 Fire Captain
Base Rate $ 36.66 $ 38.49 $ 40.42 $ 42.45 $ 44.57
OT Premium $ 18.33 $ 19.25 $ 20.21 $ 21.23 $ 22.29
Bi-weekly Base (1) $ 4,106 $ 4,311 $ 4,527 $ 4,754 $ 4,992 Monthly Base (1) $ 8,896 $ 9,340 $ 9,809 $ 10,301 $ 10,816 Annual Base (1) $ 106,753.92 $ 112,082.88 $ 117,703.04 $ 123,614.40 $ 129,787.84 Estimated Annual FLSA OT(2) $ 2,859 $ 3,003 $ 3,153 $ 3,312 $ 3,477 Estimated Annual Total (2) $ 109,613.40 $ 115,085.88 $ 120,855.80 $ 126,926.28 $ 133,265.08 5109 Fire Captain (Shift)
Base Rate $ 37.40 $ 39.26 $ 41.23 $ 43.29 $ 45.46
OT Premium $ 18.70 $ 19.63 $ 20.62 $ 21.65 $ 22.73
Bi-weekly Base (1) $ 4,189 $ 4,397 $ 4,618 $ 4,848 $ 5,092 Monthly Base (1) $ 9,076 $ 9,527 $ 10,005 $ 10,505 $ 11,032 Annual Base (1) $ 108,908.80 $ 114,325.12 $ 120,061.76 $ 126,060.48 $ 132,379.52 Estimated Annual FLSA OT(2) $ 2,917 $ 3,062 $ 3,217 $ 3,377 $ 3,546 Estimated Annual Total (2) $ 111,826.00 $ 117,387.40 $ 123,278.48 $ 129,437.88 $ 135,925.40 (1) Weekly, Bi-weekly, and Annual "base rates" are determined by calculating 112 hours of straight time paid in 26 pay periods. These rates do not include FLSA Overtime.
(2) Estimated Annual FLSA OT Premium is compensation required under Department of Labor Fair Labor Standards Act (FLSA) Section 29 CFR 553.230 (Section 7(k)) and is compensated based on Fire Department 24-day Work Period resulting in approx. 10 hours of OT Premium pay per 24-day Work Period.

APPENDIX C
MOU SBFA - FY 2022/2026
28 2022-2026
24-DAY WORK PERIODS
24 Day Work Period Payable On
Start End Check Date
6/18/2022 7/11/2022 7/22/2022
7/12/2022 8/4/2022 8/19/2022
8/5/2022 8/28/2022 9/16/2022
8/29/2022 9/21/2022 9/30/2022
9/22/2022 10/15/2022 10/28/2022
10/16/2022 11/8/2022 11/25/2022
11/9/2022 12/2/2022 12/9/2022
12/3/2022 12/26/2022 1/6/2023
12/27/2022 1/19/2023 2/3/2023
1/20/2023 2/12/2023 3/3/2023
2/13/2023 3/8/2023 3/17/2023
3/9/2023 4/1/2023 4/14/2023
4/2/2023 4/25/2023 5/12/2023
4/26/2023 5/19/2023 5/26/2023
5/20/2023 6/12/2023 6/23/2023
6/13/2023 7/6/2023 7/21/2023
7/7/2023 7/30/2023 8/18/2023
7/31/2023 8/23/2023 9/1/2023
8/24/2023 9/16/2023 9/29/2023
9/17/2023 10/10/2023 10/27/2023
10/11/2023 11/3/2023 11/10/2023
11/4/2023 11/27/2023 12/8/2023
11/28/2023 12/21/2023 1/5/2024
12/22/2023 1/14/2024 2/2/2024
1/15/2024 2/7/2024 2/16/2024
2/8/2024 3/2/2024 3/15/2024
3/3/2024 3/26/2024 4/12/2024
3/27/2024 4/19/2024 4/26/2024
4/20/2024 5/13/2024 5/24/2024
5/14/2024 6/6/2024 6/21/2024
6/7/2024 6/30/2024 7/19/2024
7/1/2024 7/24/2024 8/2/2024
7/25/2024 8/17/2024 8/30/2024
8/18/2024 9/10/2024 9/27/2024
9/11/2024 10/4/2024 10/11/2024
10/5/2024 10/28/2024 11/8/2024
10/29/2024 11/21/2024 12/6/2024
11/22/2024 12/15/2024 1/3/2025
12/16/2024 1/8/2025 1/17/2025
1/9/2025 2/1/2025 2/14/2025
2/2/2025 2/25/2025 3/14/2025

APPENDIX C
MOU SBFA - FY 2022/2026
29 2022-2026
24-DAY WORK PERIODS
24 Day Work Period Payable On
Start End Check Date
2/26/2025 3/21/2025 3/28/2025
3/22/2025 4/14/2025 4/25/2025
4/15/2025 5/8/2025 5/23/2025
5/9/2025 6/1/2025 6/20/2025
6/2/2025 6/25/2025 7/4/2025
6/26/2025 7/19/2025 8/1/2025
7/20/2025 8/12/2025 8/29/2025
8/13/2025 9/5/2025 9/12/2025
9/6/2025 9/29/2025 10/10/2025
9/30/2025 10/23/2025 11/7/2025
10/24/2025 11/16/2025 12/5/2025
11/17/2025 12/10/2025 12/19/2025
12/11/2025 1/3/2026 1/16/2026
1/4/2026 1/27/2026 2/13/2026
1/28/2026 2/20/2026 2/27/2026
2/21/2026 3/16/2026 3/27/2026
3/17/2026 4/9/2026 4/24/2026
4/10/2026 5/3/2026 5/22/2026
5/4/2026 5/27/2026 6/5/2026
5/28/2026 6/20/2026 7/3/2026
6/21/2026 7/14/2026 7/31/2026
RESOLUTION 2023-083

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLANA
BEACH, CALIFORNIA, APPROVING ADOPTION OF A “MEDICAL
EXPENSE REIMBURSEMENT PLAN” OF THE CALIFORNIA

FIREFIGHTERS BENEFIT TRUST FOR THE SOLANA BEACH
FIREFIGHTERS’ ASSOCIATION EFFECTIVE JUNE 2023 AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE JOINDER

AGREEMENT AND RELATED DOCUMENTS
WHEREAS, the California Firefighters Benefit Trust “CFBT”, which was established in 2005, is a firefighter-designed and led plan governed under the Employee Retirement Income Security Act of 1974 (ERISA), in order to provide participants tax-free reimbursement of medical expenses during retirement based on employee and/or employer funded pre-tax contribution; and
WHEREAS, the Solana Beach Fire Association (“SBFA”) is the exclusive bargaining agent and representative of the City’s Fire employees; and WHEREAS, the City and the SBFA entered into a Memorandum of Understanding effective July 1, 2022, through June 30, 2026 (“MOU”); and WHEREAS, pursuant to the current MOU between the City and SBFA, the City agreed to reopen discussions in order to implement the CFBT and to transition away from the Retirement Health Savings Account (“RHSA”) currently held with MissionSquare; and WHEREAS, the Trust, known as California Firefighters Benefit Trust (“CFBT”), will be administered pursuant to the Joinder Agreement (“Agreement”) between SBFA and CFBT; and
WHEREAS, SBFA members must make a mandatory employee contribution to CFBT per the Sideletter and MOU between the City and SBFA; and WHEREAS, the City’s fiscal obligations and monthly contributions will not exceed the current 2% employer contribution made to the MissionSquare RHSA, once the switch is made to CFBT; and
WHEREAS, the City does not have any fiduciary responsibilities over the Trust and no additional costs will be incurred by the City, beyond implementing a payroll deduction and transfer into the plan; and
WHEREAS, it was the request of SBFA members to implement the trust with CFBT; and
Resolution 2023-083
SBFA Medical Expense Reimbursement Plan (Trust)

Page 2 of 2 ends

WHEREAS, the City acknowledges receipt of a copy of the California Firefighters Benefit Trust “Medical Expense Reimbursement Plan” and “Trust Agreement”; and WHEREAS, the City Council desires to approve this implementation and to authorize and direct the City Manager to take all necessary and appropriate actions with respect to implementation of the terms and conditions of the CFBT.

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

1. The above recitals are true and correct.

2. The City Council approves the implementation of the Medical Expense Reimbursement Plan with the California Firefighters Benefit Trust for purposes of implementing a tax-free reimbursement account for medical expenses during retirement for Solana Beach Firefighters’ Association represented employees.

3. The City Council authorizes the City Manager to execute the implementation of the Trust and all other documents related to implementation of the Plan.

The Council further designates that the City Treasurer shall be the coordinator and contact for the Plan and shall receive necessary reports, notices, and other documents related to the administration of the Plan.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Solana Beach, California, held on the 14th day of June 2023 by the following vote.

SIDE LETTER OF AGREEMENT

TO THE MEMORANDUM OF UNDERSTANDING

CITY OF SOLANA BEACH AND THE

SOLANA BEACH FIRE ASSOCIATION
EFFECTIVE JUNE 1, 2023

FOR PARTICIPATION IN

CALIFORNIA FIREFIGHTERS BENEFIT TRUST
California Firefighters Benefit Trust
SBFA SIDE LETTER (SECTION 20 of MOU)

Page 1 of 3 ends

WHEREAS, Employer-Employee Relations for the City of Solana Beach (hereinafter, “City”) are governed by California Government Code section 3500 through 3511, known as the Meyers-Milias-Brown Act (“MMBA”); and
WHEREAS, the Solana Beach Fire Association (“SBFA”) is the exclusive bargaining agent and representative of the City’s Fire employees; and WHEREAS, the City and the SBFA entered into a Memorandum of Understanding effective July 1, 2022 through June 30, 2026 (“MOU”); and WHEREAS, Section 20 of the MOU will be updated to reflect the items listed below:

SECTION 20 – California Firefighters’ Benefit Trust
Medical Expense Reimbursement Plan – Retiree Medical Trust

1. ACKNOWLEDGEMENTS. The City and SBFA acknowledge this Side Letter of Agreement (“Agreement”) to the Memorandum of Understanding City of Solana Beach and Solana Beach Fire Association (“MOU”) shall update Section 20, entitled California Firefighters’ Benefit Trust (previously Section 19, subparagraph entitled ICMA – RC Retiree Health Savings Account (RHSA)).

The City further acknowledges that the SBFA has entered into an agreement with the Medical Expense Reimbursement Plan of the California Firefighters Benefit Trust (hereafter, the “Trust”). Upon the adoption of this Agreement, no further City or employee contributions will be made to the MissionSquare (formerly ICMA-RC) Retiree Health Savings Account (RHSA). During the term of this Agreement, contributions will be made to the Trust as set forth below.

SBFA further acknowledges that (i) the City is not a party to the Trust, (ii) the City is not subject to the terms of the Trust or any employee welfare benefit plan or other arrangement funded by the Trust, and has no responsibility or authority whatsoever for providing or overseeing any benefits offered under any such plan or arrangement, (iii) the preceding statements will continue to apply on and after the City’s adoption of this Agreement, and (iv) the City’s sole obligation under this Agreement is to make contributions to the Trust in accordance with the terms specified below.

2. DEFINED CLASS OF EMPLOYEES. The “Defined Class” means full-time employees of the City represented by the SBFA. Contributions to the Trust as set forth below will be made only for employees in the Defined Class.

3. MONTHLY TRUST CONTRIBUTION. The City and the SBFA agree that, for every employee in the Defined Class, contributions to the Trust will be made for each calendar month during the term of the Agreement (“Monthly Trust Contribution”) in amounts determined according to the employee’s years of full-time City employment, rendered at any time, as a member of the Defined Class, as follows:

California Firefighters Benefit Trust
SBFA SIDE LETTER (SECTION 20 of MOU)

Page 2 of 3 ends

Years of Completed City Monthly Trust
Full-Time Employment Contribution
Up to five years $225
Five but less than ten years $250
Ten but less than fifteen years $275
Fifteen or more years $325
For each employee in the Defined Class, the Monthly Trust Contribution will be made as follows:
a. City Trust Contribution. Each calendar month, the City shall make an employer contribution to the Trust (“City Trust Contribution”) equal to the lesser of (i) 2% of the employee’s base salary for the month, or (ii) the Monthly Trust Contribution applicable to the employee. The City Trust Contribution will be made without any corresponding deduction from the employee’s pay. No employee will be permitted to opt-out of the City Trust Contribution or receive any part of the contribution in cash.
b. Employee Trust Contribution. Each calendar month, the City shall, on a pre-tax basis, deduct from the employee’s pay for contribution to the Trust an amount equal to (i) the applicable Monthly Trust Contribution, minus (ii) the City Trust Contribution for the month (“Employee Trust Contribution”). If the amount determined in the preceding sentence is zero, no deduction for the month will be made. Deductions will be made pro-rata from the employee’s City paychecks during the relevant month. No employee will be permitted to opt-out of the Employee Trust Contribution or receive any part of the contribution in cash.

If an employee’s City employment terminates before the last day of a month or if the Agreement is effective only for a partial month, the employee’s Monthly Trust Contribution for that month will be pro-rated accordingly.

4. REMITTANCE OF CONTRIBUTIONS TO TRUST. The City shall remit Trust contributions directly to the Trust for the duration of the MOU. Contributions to the Trust shall be remitted per pay period, in one aggregate [ACH transfer or wire] directly to the custodian of the Trust within 30 days after the last day of the relevant pay period. The City hereby acknowledges receipt of guidelines established by the Trust Office for reporting and depositing the required contributions to the Trust set forth herein, and agrees to follow those guidelines.

5. REPORTING TO TRUST OFFICE. The City shall electronically submit to the Trust Office a report per pay period of contributing employees for each contribution sent to the Trust, in the format requested by the Trust, and received by the Trust Office within five (5) days of receipt of the contribution funds.

The City shall also provide an initial report of information for all contributing employees, as reasonably requested by the Trust; and shall send updates to this information to the Trust Office whenever the City has notice of changes to the information.

6. SUPPLEMENTAL EMPLOYEE TRUST CONTRIBUTIONS. The City and the SBFA agree that the SBFA has the right, subject to approval of its members according to the Association’s internal rules to, during the course of this Agreement, prospectively require that every employee in the Defined Class make additional mandatory contributions to the Trust (“Supplemental Employee Trust Contributions”), subject to the following conditions:
• Supplemental Employee Trust Contributions will be in addition to (and not in lieu of) any Employee Trust Contributions required of the employee under Section 3. • The Supplemental Employee Trust Contributions must be expressed as a uniform flat dollar amount.
• Any Supplemental Employee Trust Contributions required of an employee will not affect the Monthly Trust Contribution, City Trust Contribution, or Employee Trust Contribution amounts applicable to the employee under Section 3.
• Subject to the preceding provisions of this Section 6, the provisions in this Agreement applicable to Employee Trust Contributions will be apply to Supplemental Employee Trust Contributions, including but not limited to the provisions regarding the tax treatment, time, and manner of the contributions.
• SBF A must provide the City with at least 30 days' advance written notice of any Supplemental Employee Trust Contributions; in its sole discretion, the City may agree to a shorter notice period.

WHEREAS, the provisions of this Side letter shall go into effect upon City Council approval on June 14, 2023. As outlined in Section 3 above, the first contributions to the Trust will be made effective with pay period ending on June 2, 2023.

WHEREAS, all other terms and conditions of the MOU from July 1, 2022, through June 30, 2026, shall remain in full force and effect.

Executed in Solana Beach, California by:

City of Solana Beach:

GREGORY WADE, City Manager
Db/o& /toz g
DATE '
DATE
California Firefighters Benefit Trust
SBFA SIDE LETTER (SECTION 20 of MOU)

Page 3 of 3 ends

CALIFORNIA FIREFIGHTERS BENEFIT TRUST

JOINDER AGREEMENT FOR ASSOCIATIONS

Page 1 of 5 ends

1) Receipt of Trust Documents. We, the undersigned, have received a copy of the Trust Agreement governing the CALIFORNIA FIREFIGHTERS BENEFIT TRUST, effective November 1, 2008, and all amendments thereafter (the “Trust Agreement”), and the Medical Expense Reimbursement Plan, restated effective March 1, 2021, and as amended thereafter (the “Plan”). The Plan provides retiree medical expense reimbursement benefits.
2) Request to Participate and Parties. Request is hereby made that employees of the City of Solana Beach (“Employer) who are represented by the Solana Beach Fire Association (the “Association”) be participating employees in the Plan. In consideration of the granting of this request, the Association hereby agrees to be bound by the terms, conditions, and provisions of said Trust Agreement and Plan. The sole parties to this Agreement are the Association and the Trust. Although the Employer acknowledges the terms of this Agreement as a signatory, the Employer is not a party to, nor is the Employer subject to or bound by, the terms, conditions, or provisions of this Agreement, the Trust Agreement, or the Plan. 3) Contribution Rate.
a. Mandatory Contribution Commitment. The obligation to contribute to the California Firefighters Benefit Trust (the “Trust”) for each employee represented by the Association is set forth in Section 19 of the Memorandum of Understanding City of Solana Beach and Solana Beach Fire Association, hereafter called the “MOU.” Attached is a true and complete copy of that document, effective July 1, 2022, through June 30, 2026.
b. Salary Contributions. The MOU authorizes contributions to the Trust beginning with the pay period ending on June 2, 2023, and following the execution of this agreement. The current monthly contribution totals $225 - $325 per employee per month, funded by 2% of base monthly salary of employer contribution (up to the Monthly Contribution Amount as defined by the MOU) and, as needed, an employee contribution amount necessary to reach the Monthly Contribution Amount. If these amounts are changed, the Association will notify the Trust. The current monthly contribution totals $225 - $325 per employee per month and consists of 2% of base monthly salary of employer contribution and a requisite employee contribution amount necessary to reach the Monthly Contribution Amount as defined by the MOU.
c. Sick Leave. There is not a provision in the MOU regarding a mandatory transfer of accumulated sick leave to the Trust.

California Firefighters Benefit Trust
Joinder Agreement

Page 2 of 5 ends

d. Vacation Leave. There is not a provision in the MOU regarding a mandatory transfer of accumulated vacation leave to the Trust.
4) Contribution Transfer to Trust. Under the terms of the MOU, the Employer is to remit the above contributions directly to the Trust for the MOU’s duration; and the contributions will be remitted in one aggregate payment directly from the Employer to the custodian of the California Firefighters Benefit Trust within 30 days after the last day of the payroll period to which the contributions relate. 5) No individual elections. The Association certifies that, under the terms of the MOU, that contributions will be made on all full-time employees in the bargaining unit, and employees may not individually elect against participation in the Plan, nor may an employee individually elect the level of his or her contributions. 6) Delinquencies. The Association acknowledges that the Trust Agreement contains provisions regarding pursuit of delinquent contributions, and the Association will cooperate with the Trustees in said proceedings. 7) Employer Monthly Reporting to Trust. The MOU provides that the Employer will remit contributions to the Trust in accordance with guidelines established by the Trust Office. Those guidelines are as follows: In conjunction with contribution transfers, the Employer will send a report (in a format approved by the Trust) of employees on whose behalf the contributions are made to the Trust. The initial contribution report shall include the following data on all participating employees: employee name; social security number (or employee number if SSN not available); date of birth; date of hire; home address; and phone. In addition, the Employer or Association will report to the Trust on new hires (along with the above-listed data on each new hire), employee terminations, and changes in employee contact information, as these events occur. 8) Joinder Fee. The Association acknowledges there is a joinder fee of $50 per Participant to the Trust for processing the joinder. Select one of the following: X a check in that amount ($900) is attached or ___ Trust is authorized to deduct the joinder fee from the first contribution transfer. “Participant” is defined, for purposes of this Joinder Agreement, as an employee upon whom the Section 3(a) contributions, described above, will be made. The Association understands that this amount does not count toward Active Service in the Plan, but is to cover the various costs of joining the Trust. In the event that this Agreement is terminated, and the Association does not join the Trust, this payment is nonrefundable to the extent the Trust has incurred expenses in preparation for the joinder or in aiding the Association in negotiations. The Association is fully responsible for all fees owed under this paragraph, and the Employer bears no liability whatsoever for any part of those fees.

California Firefighters Benefit Trust
Joinder Agreement

Page 3 of 5 ends

9) Limitation of Liability. Article XI, Sections 1 and 2, of the Trust Agreement contain the following provisions concerning liabilities associated with the Trust and Plan:
“1. Liabilities and Debts of Trust Fund
No signatory party or Trustee, and no participating employer, employer association, labor organization, employee, or beneficiary shall be responsible for the liabilities or debts of the Trust Fund.”
“2. Liabilities and Debts of Participating Parties
No participating employer, employer association, or labor organization shall become responsible by reason of their participation in the Trust Fund for the liabilities or debts of any other participating employer, employer association, or labor organization.

Except for any obligation to make contributions to the Trust pursuant to a Special Agreement or Subscription Agreement, a Participating Employer shall have no obligation to provide benefits to which its employees may be entitled under a Memorandum of Understanding to the extent that those benefits are provided under a plan funded through the Trust. A Participating Employer shall not be a fiduciary of the Trust, any employee benefit plan funded through the Trust, and shall have no responsibility or liability for Trust investments or the income tax treatment of Trust earnings or benefits provided under such plan.” 10) Effective Date. This Agreement shall become effective when signed below by both parties and when acknowledged by the Employer by its signature, provided however that contributions will be accepted as provided in the MOU, but provided further, that retroactive contributions may be subject to terms and conditions imposed by the Trustees, including, for example, lost interest or administrative fees. 11) Pooled Sharing of Risks and Costs. The Association acknowledges that: a) the Trustees pool all contributions (provided however that the Trust will maintain a separate record per employee of the transfer of sick leave and vacation leave); b) that the Trust and Plan operate based on a multiple-employer basis, sharing of costs and risk between all participants, and not based only on the employees in the undersigned Association; and c) that the monthly benefit levels will be set based on actuarial projections for the entire Trust population, and not based only on the employees in this Association.

California Firefighters Benefit Trust
Joinder Agreement
12) Legal Compliance of MOU Language. If at any time during the Association's participation in the Trust, the Association's MOU language and/or procedures are not compliant with current statutes, regulations, or agency guidance applicable to the Trust, the Trust can request revision of such MOU language or procedures to attain complfance. This noncompliant MOU language may occur through changes to the applicable law or through revisions associated with bargaining occurring after this Agreement is adopted. The Association must obtain prior approval from the Trust for any future revisions to MOU language or procedures related to Trust participation (i.e., not included in the attached MOU). In the event that MOU language or procedures are not compliant with applicable law and are not revised as requested by the Trust, the Trust may terminate this Agreement, pursuant to Section 13 below.
13) Termination. This Agreement shall remain in effect unJess terminated by written notice to the other party of this Agreement. Written notice of termination must be received by either party prior to the first day of the month in which participation is to be terminated. The Association acknowledges Article XI Section 6 of the Trust Agreement and acknowledges that upon termination of this Agreement federal law restricts the Trust from refunding any contributions to the employees, the Employer, or the Association, except as benefits paid according to the Plan.

Agreed by Joining Association:

Address
PrintNime
CA
City State Zip
Date 1 • Phone
Acknowledged by Employer:

For Employer (Employer Contact Name and Title)
Date Phone

Page 4 ends

California Firefighters Benefit Trust
Joinder Agreement

Page 5 of 5 ends

Approved and Accepted by:

California Firefighter Benefit Trust
Administrative Agent (Print name and title)
Date
Please send this Agreement to:

California Firefighters Benefit Trust Office
c/o Benefit Programs Administration
1200 Wilshire Blvd., 5th Floor
Los Angeles, CA 90017
Phone number: (213) 406-2370
Email: [email protected]
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: June 14, 2023
ORIGINATING DEPT: Engineering Department
SUBJECT: Public Hearing: City Council Consideration of Resolutions 2023-078 and 2023-079 Accepting the Final Engineer’s
Report and Ordering the Levy and Collection of Annual
Assessments for the City of Solana Beach Lighting
Maintenance District for Fiscal Year (FY) 2023/24
BACKGROUND:

In 1987, the City Council (Council) approved formation of the City of Solana Beach Lighting Maintenance District (District) under the provisions of the Landscape and Lighting Act of 1972, Division 15, Part 2, of the California Streets and Highways Code. The District was formed for the purpose of levying and collecting funds for the installation, operation and maintenance of street lighting facilities within the City.

On May 10, 2023, Council passed Resolution 2023-053 approving the Preliminary Lighting Maintenance District Engineer’s Report (Report) for proceedings for the annual levy of assessments within a special lighting district and Resolution 2023-054 declaring intention to provide for an annual levy and collection of assessments and setting June 14, 2023, as the date of the Public Hearing.

This item is presented to the Council to conduct the Public Hearing and consider approving Resolution 2023-078 (Attachment 1) accepting the Final Lighting Maintenance District Engineer’s Report and Resolution 2023-079 (Attachment 2) ordering the levy and collection of annual assessments for the District for Fiscal Year (FY) 2023/24.

DISCUSSION:

The District is the successor agency to portions of San Diego County Lighting Maintenance District Nos. 1 and 3 (LMD1 and LMD3). Ballots issued in 1982 and 1984 to levy assessments for LMD1 and LMD3 were approved to have a maximum charge of June 14, 2023
Renewal and Assessment for Lighting Maintenance District for FY 2023/24

Page 2 of 3 ends

$25.00 per benefit unit. This maximum benefit unit charge will not apply to Zone B of the District as it was formed after Solana Beach was incorporated.

Notice of this public hearing was published in the Union-Tribune as required by Streets and Highways Code and is the only public hearing to receive public input required by law.

The assessment information is to be submitted to the County by August 10th of each year.

The current benefit fee for Zone A is $8.80 per single-family unit per year and $1.62 per single-family unit per year in Zone B. Zone B consists of the portion of the City adjacent to San Elijo Lagoon and a segment of the City between San Andres Drive and Interstate 5.

This zone is the City’s “dark sky” area designated in the General Plan as neighborhoods that seek to preserve their traditional semi-rural character, a major component of which is very low levels of nighttime illumination. Zone A consists of all other properties in the City except those in Zone B.

Attachment 3 is the Final Report for Fiscal Year (FY) 2023/24. The basis for spreading the cost of constructing, operating, maintaining and servicing improvements to the benefiting parcels is based on vehicular trip generation rates. Vehicular trips are directly proportional to the concentration and activity associated with each parcel of land. Derivation of Street Lighting Benefit Units, as shown in the Engineer’s Report, is based on the most current trip generation rates published by the San Diego Association of Governments. The improvements include those designated in the District boundaries and shown in the Street Light Master Plan.

Fiscal Year 2023/24 Benefit Fees
The total annual amount to be assessed for street lighting is $76,006 for FY 2023/24.

There is no proposed increase to the annual assessment charged to each property, but the total amount collected has decreased slightly (a total reduction of $843) due to land use changes in Zone A.

CEQA COMPLIANCE STATEMENT:

Not a project as defined by CEQA.

FISCAL IMPACT:

The District has been financed by a benefit charge and by using the District’s share of one percent ad valorem property tax revenues since FY 1989/90. The amount to be collected from the benefit assessment is proposed to be $8.80 per benefit unit in Zone A and $1.62 in Zone B, which is unchanged from last year.

WORK PLAN:

This item is not identified in the proposed FY 2023/24 Work Plan.

June 14, 2023
Renewal and Assessment for Lighting Maintenance District for FY 2023/24

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OPTIONS:
• Approve Staff recommendation.
• Do not confirm the Lighting Maintenance District Engineer’s Report and annual levy of assessments.
• Provide direction.

DEPARTMENT RECOMMENDATION:

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. Adopt Resolution 2023-078 confirming the diagram and assessment and approving the City of Solana Beach Lighting Maintenance District Engineer’s Report.

3. Adopt Resolution 2023-079 ordering the levy and collection of annual assessments for FY 2023/24 and ordering the transmission of charges to the County Auditor for collection.

CITY MANAGER’S RECOMMENDATION:

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

1. Resolution 2023-078

2. Resolution 2023-079

3. FY 2023/24 Lighting Maintenance District Engineer’s Report ATTACHMENT 1
RESOLUTION 2023-078

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, APPROVING THE FISCAL
YEAR 2023/24 ENGINEER’S REPORT REGARDING THE

SOLANA BEACH LIGHTING MAINTENANCE DISTRICT
WHEREAS, the City Council, pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (the “Act"), did, by previous Resolution 2023-053 adopted on May 10, 2023, order the Assessment Engineer, to prepare and file the Fiscal Year (FY) 2023/24 Engineer's Report for the City of Solana Beach Lighting Maintenance District (District); and
WHEREAS, the Assessment Engineer has prepared and filed with the City Clerk of the City of Solana Beach, California, and the City Clerk has presented to the City Council such report entitled City of Solana Beach Lighting Maintenance District Engineer's Report FY 2023/24 (“Report”) as required by the Act; and WHEREAS, the City Council has carefully examined and reviewed the Report as presented, considered all oral and written comments presented with respect to the District and Report at a noticed Public Hearing and has discussed any necessary or desired modifications to the Report, and is satisfied that the levy for each parcel has been calculated in accordance with the special benefits received from the operation, maintenance and services performed, as set forth in the Report.

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

1. The above recitals are true and correct.

2. The Report as presented or as modified, contains the following:
a. Description of Improvements.
b. Diagram of the District.
c. Method of Apportionment that details the method of calculating each parcel's proportional special benefits and annual assessment. d. The FY 2023/24 Assessment based upon the Method of Apportionment determined that all costs and expenses of the work and incidental expenses have been apportioned and distributed to the benefiting parcels in accordance with the special benefits received.

Resolution 2023-078
Approve Lighting District Engineer’s Report for FY 2023/24

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e. The FY 2023/24 Annual Budget Costs and Expenses and the resulting FY 2023/24 assessment levy per benefit unit for the fiscal year. f. The District Roll containing the levy for each Assessor's Parcel Number within the District for FY 2023/24.

3. The City Clerk is hereby directed to enter on the minutes of the City Council any and all modifications to the Report determined and approved by the City Council, and all such changes and/or modifications by reference are to be incorporated into the Report.

4. The City Council is satisfied with the Report as presented or modified and each and all of the budget items and documents as set forth therein, and is satisfied that the FY 2023/24 annual assessments and spread is in accordance with the special benefits received from the improvements pursuant to the provisions of the California Constitution Article XIIID.

5. The Report is hereby approved as submitted or modified and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

6. The City Clerk shall certify to the passage and adoption of this resolution, and the minutes of this meeting shall so reflect the presentation and approval of the Report as submitted or modified.

PASSED AND ADOPTED this 14th day of June, 2023, at a regularly scheduled meeting of the by the City council of the City of Solana Beach 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 ATTACHMENT 2
RESOLUTION 2023-079

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, ORDERING THE LEVY

AND COLLECTION OF ANNUAL ASSESSMENTS

REGARDING THE CITY OF SOLANA BEACH LIGHTING
DISTRICT FOR FISCAL YEAR 2023/24
WHEREAS, the City Council has, by previous resolutions, initiated proceedings to form and declared its intention to levy and collect annual assessments against parcels of land within the City of Solana Beach Lighting Maintenance District (District), for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024 pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (Act) to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities related thereto; and
WHEREAS, the Assessment Engineer has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council, the Engineer’s Report entitled City of City of Solana Beach Lighting Maintenance District Engineer's Report Fiscal Year (FY) 2023/24 (Report) in connection with the proposed levy and collection of special benefit assessment upon eligible parcels of land within the District, and the City Council did, by previous Resolution 2023-078 adopted on June 14, 2023, approve such Report; and
WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024 to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities related thereto; and WHEREAS, the City Council, following notice duly given, has held a full and fair Public Hearing on June 14, 2023, regarding the levy and collection of assessments as described in the Report prepared in connection therewith, and considered all oral and written statements, protests and communications made or filed by interested persons regarding these matters, pursuant to the Act and in accordance with the provisions of the California Constitution Article XIIID.

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

1. The above recitals are true and correct.

Resolution 2023-079
Assess for Lighting District for FY 2023/24

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2. The City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2023 and ending June 30, 2024, to pay the costs and expenses of operating, maintaining and servicing the landscaping, public lighting improvements and appurtenant facilities located within public places in the District.

3. The City Council has carefully reviewed and examined the Report in connection with the District, and the levy and collection of assessments. Based upon its review the Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that:
a. The territory of land within the District will receive special benefits from the operation, maintenance and servicing of the landscaping, lighting, drainage and appurtenant facilities and improvements related thereto. b. The District includes all of the lands so benefited. c. The amount to be assessed upon the lands within the District, in accordance with the proposed budget for the fiscal year commencing July 1, 2023 and ending June 30, 2024, is apportioned by a formula and method that fairly distributes the net amount among all eligible parcels in proportion to the special benefits, to be received by each parcel from the improvements and services, and the assessments are levied without regard to property valuation.

4. The Report and FY 2023/24 assessments, as presented to the City Council and on file in the office of the City Clerk, are hereby confirmed as filed.

5. The City Council hereby orders the proposed improvements to be made; the improvements are briefly described as the operation, administration, maintenance and servicing of all public landscaping, lighting improvements and appurtenant facilities and expenses associated with the District, and that will be maintained by the City of Solana Beach or their designee and all such maintenance, operation and servicing of the landscaping, lighting and all appurtenant facilities shall be performed pursuant to the Act. A more complete description of the improvements is detailed in the Report and by reference this document is made part of this resolution.

6. The San Diego County Auditor shall place on the County Assessment Roll, opposite each parcel of land, the amount of levy so apportioned by the method of apportionment formula, outlined in the Report and such levies shall be collected at the same time and in the same manner as County taxes are collected pursuant to Chapter 4, Article 2, Section 22646 of the Act. After collection by the Resolution 2023-079
Assess for Lighting District for FY 2023/24

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County, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the City Treasurer.

7. The City Treasurer, shall deposit all money from the assessments collected by the County for the District into a fund for the Solana Beach Lighting District, and such money shall be expended to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities related thereto described above.

8. The adoption of this resolution constitutes the authorization of the District levy for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024.

9. The City Clerk or Clerk's designee is hereby authorized and directed to file the levy with the San Diego County Auditor subsequent to the adoption of this resolution.

PASSED AND ADOPTED this 14th day of June, 2023, at a regularly scheduled meeting of the by the City Council of the City of Solana Beach 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 Prepared May 10, 2023 ATTACHMENT 3

CITY OF SOLANA BEACH

LIGHTING MAINTENANCE DISTRICT
ENGINEER’S REPORT
FISCAL YEAR 2023/2024
Prepared by:

Dan Goldberg
Principal Civil Engineer
R.C.E. 57292
2 TABLE OF CONTENTS
INTRODUCTION ........................................................................................3 GENERAL DESCRIPTION OF THE DISTRICT..........................................3 DESIGNATION OF ZONES........................................................................4 DISTRICT IMPROVEMENT........................................................................4 METHOD OF APPORTIONMENT..............................................................6 DISTRICT FINANCING ..............................................................................6 ASSESSMENT ROLL ................................................................................6 CALCULATION OF ASSESSMENT FEES ................................................7 EXHIBIT 1 – STREETLIGHT ZONE MAP ..................................................8 EXHIBIT 2 – DERIVATION OF STREETLIGHT BENEFIT UNITS..............9 EXHIBIT 3 – BUDGET 2023-2024............................................................11 3 Introduction
The City of Solana Beach (“City”) Lighting Maintenance District (“District”) was formed to provide funding for operation, maintenance and servicing of all lights within the City, owned both by City of Solana Beach and San Diego Gas and Electric as shown on the City’s Streetlight Master Plan. The City Council, pursuant to the provisions of the “Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Street and Highway Code of California” (Act), desires to levy and collect annual assessment against lots and parcels within the District beginning in the fiscal year beginning July 1, 2023 and ending June 30, 2024. The collected assessments would pay for the operation, maintenance and servicing of the public lighting improvements within the City. The proposed assessments are based on the City’s estimate for the cost for fiscal year 2023/2024 to maintain the District that provides a special benefit to properties assessed within the District. The assessment rates set for Fiscal Year 2023/2024, as set forth in this Engineer’s Report (“Report”), do not exceed the maximum rates established at the time the District was formed, therefore, the City and the District are not required to go through property owner ballot procedure to establish the 2023/2024 assessment rates.

This report describes the District boundaries and the proposed operation, maintenance and services to be assessed to the property owners located within the District. For this Report, each lot or parcel to be assessed refers to an individual property and is assigned its own Assessment Parcel Number (“APN”) by the San Diego County (“County”) Assessor’s Office as shown on the latest equalization roll of the assessor.

Following the conclusion of the Public Hearing, the City Council will confirm the Report as submitted or amended and may order the collection of the assessments for Fiscal Year 2023/2024.

General Description of the District
The boundaries of the District are defined as being contiguous with the boundaries of the City of Solana Beach. The properties within the District include single-family residential, multi-family residential, timeshare, multiuse, commercial and industrial parcels.

Section 22573, Landscape and Lighting Act of 1972 (“1972 Act”), requires assessments to be levied according to benefit rather than according to assessed value. This section of the 1972 Act states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
4 The 1972 Act also provides for the classification of various areas within an assessment district into different zones where, "...by reason of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements. A zone shall consist of all territory, which will receive substantially the same degree of benefit from the improvements. An assessment district may consist of contiguous or non-contiguous areas."
Properties owned by public agencies, such as a city, county, state, or the federal government, are not assessable without the approval of the particular agency. For this reason, they are traditionally not assessed.

Designation of Zones
The District consists of two zones in the City of Solana Beach; Zone “A” and Zone “B”.

Properties within Zone “A”, which represent the majority of the parcels in the City, benefit from streetlights on six significant circulation element streets as well as streetlights on their local streets. Properties within Zone “B”, also known as “Dark Sky Zone”, do not have streetlights on their local streets. These properties benefit only from streetlights on circulation element streets and do not benefit from streetlights on local streets. A map showing the boundaries of the District and the zones are on file in the office of the City Engineer and is also attached herein as Exhibit 1.

District Improvements
The public lighting improvements to be maintained and serviced include but are not limited to the following:
• Maintenance, repair and replacement of public light poles and fixtures, including changing light bulbs, painting, photoelectric cell repair or replacement, repairing damages caused by automobile accidents and vandalism, and repairing normal deterioration caused by time and weather.
• Electrical conduit repair and replacement due to damage by vandalism and normal deterioration.
• Service-call maintenance repair and replacement including painting, replacing worn out electrical components and repairing damage due to accidents, vandalism, and normal deterioration.
• Payment of the electrical bill for the existing street lighting system. • Responding to constituent and business inquiries and complaints regarding the public lighting.
5 Maintenance
The City provides services and furnishes materials for the ordinary and usual maintenance, operation and servicing of public lighting improvements facilities and appurtenant facilities. This includes inspecting lights during daylight as well as evening hours for condition assessment and performing repair, removal or replacement of all or part of any of the streetlights found to be inoperable in order to provide for the health welfare and safety of the residents in the district.

Servicing
The City workforce along with assistance from private contractors provide all labor, materials, equipment and utilities necessary to maintain and operate the public lighting improvements or appurtenant facilities in order to provide adequate illumination.

City’s Streetlight System
The City’s streetlight system consists of streetlights which are owned by the San Diego Gas and Electric (SDG&E) and streetlights that are owned by the City of Solana Beach.

A listing (printout) showing the type, size, location and ownership of the specific streetlights in the City is on file in the Office of the City Engineer. There are currently 801 streetlights in the District of which 149 are located on circulation element streets such as Highway 101, Lomas Santa Fe Drive, Via De La Valle, Cedros Avenue, San Andres Drive, Highland Avenue and Stevens Avenue. The remaining 652 streetlights are located on local streets. Approximately 274 streetlights are owned and maintained by SDG&E and the remaining 527 streetlights are owned and maintained by the City of Solana Beach. The City pays SDG&E for the use of their streetlights. For the purpose of this report, all lights have been analyzed regardless of ownership. Additionally, there are 247 bollard lights and 16 pedestrian pole lights on the Coastal Rail Trail that are included in the District.

Streetlight Retrofit
In April 2012, the City entered into an agreement with Chevron Energy Solution (Chevron ES) for a series of energy efficient projects, which included retrofitting all Cityowned streetlights to the latest LED technology. This project replaced the approximately two-thirds of the streetlights throughout the City that are owned and operated by the City. The remaining one-third of the streetlights were not retrofitted because they are owned and operated by SDG&E. Because of this partial ownership arrangement, a few streetlights in some neighborhoods remained unchanged.

Capital Improvement Projects
Since the City-owned streetlights were converted to LED fixtures in 2012, there was not a need for a capital improvement project for the streetlights this past year. 6 Method of Apportionment
The 1972 Act requires that a parcel’s assessment may not exceed the reasonable cost for the proportional benefit conferred to that parcel. To establish the benefit to the individual lots or parcels within the district, an Equivalent Benefit Unit (“EBU”) system based on land use is used along with special consideration based on City’s “Dark Sky Zone”. Each parcel of land in the District was determined by the Engineering Department to have a specific land use. Each land use type was assigned a land use factor determined by trip generation rates developed by San Diego Association of Government (SANDAG). If a land use was not included in the SANDAG’s study, the Engineering Department made a determination as to its probable trip generation compared to that of a single family residential and assigned a land use factor accordingly. Single-family residential units were assigned a land use factor of 1.0 regardless of its size. The theory is that all single-family residential units, regardless of parcel size, generate approximately the same number of trips and therefore receive the same benefit from the use of streets and their appurtenances such as streetlights.

Under this method, vacant lots are assigned an EBU of “0”. Exhibit 2 provides the EBU determination for all land uses within the City.

District Financing
The District will be financed by assessing a benefit assessment and by using the District’s share of 1.0 percent ad valorem tax revenues. The amount to be generated from the benefit assessment is $8.80 per benefit unit in Zone “A” and $1.62 per benefit unit in Zone “B”. As mentioned above, the total amount of revenue to be generated by assessment was calculated from a methodology, which identifies two benefit zones within the District. This methodology assumes that circulation element streetlights provide City-wide benefit and therefore properties located in Zone “B”, the Dark Sky Zone properties, are assessed for this portion of the District’s expenses only. Properties located within Zone “A” are assessed for expenses associated with the streetlights located on the circulation element streets as well as those on local streets. Both the circulation element streetlight benefit and local streetlight benefit are allotted in proportion to the Average Daily Traffic (ADT) generated by properties within the District to establish equivalent benefit charge per property. These are estimates only because the County Assessor’s information will not be available until August 2023. The City does not assess governmental agencies owning properties within the District. See Exhibit 3 for the proposed District budget.

Assessment Roll
Parcel identification, for each lot or parcel within the District shall be the parcel as shown on the County Assessor’s map for the year in which this Report is prepared. 7 A listing of parcels assessed within the District, along with the proposed assessment amounts, has been submitted to the City Clerk, under a separate cover, and by reference is made part of this Report. Said listing of parcels to be assessed shall be submitted to the County Auditor/Controller and included on the property tax roll for each parcel in Fiscal Year 2023/2024. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.

Calculation of Assessment Fees
Following is a calculation of assessment fees for the Solana Beach Lighting District.

There are two zones in this lighting district; Zone “A” and Zone “B”.

Total streetlights on six circulation element streets 149 Total streetlights on local streets 652
Total streetlights 801
Bollard lights on Coastal Rail Trail 247
Pedestrian pole lights on Coastal Rail Trail 16
Total Benefit Units in Zone “A” 8,637
Total Benefit Units in Zone “B” 479
Assessment per Benefit Unit in Zone “A” $8.80
Assessment per Benefit Unit in Zone “B” $1.62
Total Assessment for Zone “A” $76,006
Total Assessment for Zone “B” $776
Total Assessment for the District $76,782
8 EXHIBIT 1

STREETLIGHT ZONE MAP
Dar\,; Sky Areas
Zone B
6 N

SAN DIEGO
COUNTY
9 EXHIBIT 2

DERIVATION OF STREETLIGHT BENEFIT UNITS
Traffic generation rates are derived from a report issued by the San Diego Association of Governments (SANDAG) dated April 2002. The information in the report is based on the San Diego Traffic Generators manual. Land uses are defined by the County Assessor. Using traffic generated by single family dwellings as 10 per dwelling unit (d.u.) or 40 per acre, the derivation of Benefit Units from land use is as follows:

LAND USE BENEFIT UNITS HOW DERIVED
Vacant Land 0.0 Generates little or no traffic.

Assigned a value of 0.0
Residential 1.0/d.u. 10 trips/d.u.
10 trips/d.u.

Time Shares .02/Time Share 0.2 trips/time share
10 trips/d.u.

Mobilehome/Trailer Parks 0.5/Space 5 trips/d.u. or space 10 trips/d.u.
1-3 Story Misc. Stores 10.0/Acre 400 trips/acre
40 trips/acre
4+ Story Offices/Stores 15.0/Acre 600 trips/acre
40 trips/acre
Regional Shopping Center
Medical, Dental, Animal Hospital

12.5/Acre 500 trips/acre
40 trips/acre
Community Shopping Center 17.5/Acre 700 trips/acre
40 trips/acre
Neighborhood Shopping Center 30.0/Acre 1200 trips/acre
40 trips/acre
10 Hotel, Motel 5.0/Acre 200 trips/acre
40 trips/acre
Convalescent Hospital, Rest Home 1.0/Acre 40 trips/acre 40 trips/acre
Office Condominiums 0.5/Condo 20 trips/condo
10 trips/d.u.

Parking lot, Garage, Used Cars,
Auto Sales/Service, Service Station

7.5/Acre 300 trips/acre
40 trips/acre
Bowling Alley 7.5/Acre 300 trips/acre
40 trips/acre
11 EXHIBIT 3

STREETLIGHT DISTRICT

PROPOSED BUDGET
FISCAL YEAR 2023-24
Amended Budget
2022-23
Proposed Budget
2023-24
COSTS
Energy $93,600 $120,022
Maintenance 208,970 210,000
Administration 111,189 125,000
Capital Outlay 0 0
Debt Service 70,400 70,400
Contingency Reserve 3,405,367 3,580,645
TOTAL COSTS $3,889,526 $4,106,067

FUNDING
Property Taxes $542,100 $600,000
Benefit Fees 79,000 77,500
Interest 40,500 20,000
Intergovernmental 3,200 3,200
Fund Balance 3,224,726 3,405,367
TOTAL RESOURCES $3,889,526 $4,106,067
CITY COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # B.2.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: June 14, 2023
ORIGINATING DEPT: Engineering Department
SUBJECT: Public Hearing: City Council Consideration of Resolutions 2023-076 and 2023-077 Accepting the Final Engineer’s
Report and Ordering the Levy and Collection of Annual
Assessments for the City of Solana Beach Coastal Rail
Trail Maintenance District
BACKGROUND:

In 2006, the City Council adopted a resolution forming the City of Solana Beach Coastal Rail Trail (CRT) Maintenance District (“District”) under the provisions of the Landscape and Lighting Act of 1972, Division 15, Part 2, of the California Streets and Highways Code. The District was formed for the purpose of levying and collecting funds for the operation, maintenance, and servicing of landscaping, lighting and all appurtenant facilities related to the District.

On May 10, 2023, the City Council adopted Resolutions 2023-050, 2023-051 and 2023- 052 initiating the proceedings for the annual levy of assessments for the District; approving the preliminary CRT Maintenance District Engineer’s Report (Report) for the Fiscal Year (FY) 2023/24 annual levy of assessments for the District; declaring the City’s intent to provide for the annual levy and collection of assessments for the District; and setting a time and place for the public hearing, respectively.

This item is presented to the City Council to conduct the Public Hearing and to consider Resolution 2023-076 (Attachment 1) accepting the Final CRT Maintenance District Engineer’s Report and Resolution 2023-077 (Attachment 2) ordering the levy and collection of annual assessments for the District for FY 2023/24.

DISCUSSION:

The District’s major costs are for the maintenance and operation of the Coastal Rail Trail (CRT). The maintenance items include landscaping, irrigation and hardscape June 14, 2023
Renew & Levy CRT Maintenance District for FY 2023/24

Page 2 of 5 ends

maintenance, tree trimming and graffiti removal. The costs also include the utility charges for water.

The District budget includes funds for capital replacement costs for possible replacement of the following items: landscape, irrigation, pedestrian/bike path and hardscape items. The capital replacement costs also include an operating reserve of 10% of the direct operating and maintenance costs.

The District’s assessment methodology uses an Equivalent Benefit Unit ("EBU”) System. The EBU method of apportioning benefit is typically viewed as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act. The EBU for the proposed District establishes the single-family detached residential unit as the basic unit, representing 1.0 EBU. The following summarizes the EBU application by land use:

Land Use EBU
Single-Family Residential 1.0 per parcel
Residential Condominium 1.0 per dwelling unit
Multi-Family Residential 0.75 per dwelling unit
Planned Residential Development 1.0 per proposed unit
Commercial/Industrial 1.0 per parcel
Vacant Single-Family Residential 1.0 per parcel
Vacant Multi-Family Residential 0.75 per parcel
Vacant Commercial/Industrial 1.0 per parcel
The methodology also identifies parcels that are exempt from the proposed District.

They may include, but are not limited to, parcels identified as public streets, roadways, dedicated public easements, open space, and rights-of-way. These properties, as well as other publicly owned properties such as schools, the fire station and community centers, are considered to receive little or no benefit from the improvements of the proposed District.

In addition to assigning each property an EBU by land type, the assessment methodology utilizes three zones based on the location of parcels in proximity to the CRT. Properties located the closest to the CRT will receive a greater special benefit than those properties that are located the farthest away from the CRT. A factor is applied to each of the zones according to their locations. The three zones are as follows:

Zone 1:

This zone includes all properties generally located within a few blocks of the CRT. The properties are located east of Acacia Avenue and Sierra Avenue and west of Rios Avenue. Parcels in this zone are assessed the EBU amounts based on land use and are then multiplied by a factor of three.

June 14, 2023
Renew & Levy CRT Maintenance District for FY 2023/24

Page 3 of 5 ends

Zone 2:

This zone includes all properties that are generally located west of Acacia Avenue and those properties located east of Rios Avenue and west of Interstate 5. Parcels in this zone are assessed the EBU amounts based on land use and are then multiplied by a factor of two.

Zone 3:

This zone includes properties located east of Interstate 5. Parcels in this zone are assessed the EBU amounts based on land use and are then multiplied by a factor of

0.5. The following shows the maximum assessment rates proposed to be levied in the FY 2023/24 by land use:

Land Use Description Per
Base
Rate
Zone 1
Base
Rate
Zone 2
Base
Rate
Zone 3
Single-Family Residential
Lot or
Parcel $24.54 $16.36 $4.09
Residential Condominium
Dwelling
Unit $24.54 $16.36 $4.09
Multi-Family Residential
Dwelling
Unit $18.40 $12.27 $3.07
Planned Residential
Development
Lot or
Dwelling
Unit $24.54 $16.36 $4.09
Commercial/Industrial Parcel $24.54 $16.36 $4.09
Vacant Single-Family
Residential Parcel $24.54 $16.36 $4.09
Vacant Multi-Family Residential Parcel $18.40 $12.27 $3.07 Vacant Commercial/Industrial Parcel $24.54 $16.36 $4.09 Timeshare Units
1 week of
ownership $ 0.00 $ 0.00 $0.00
Exempt Parcels Parcel $ 0.00 $ 0.00 $0.00
Public Owned Parcels Parcel $ 0.00 $ 0.00 $0.00
The 1972 Act requires the City Council to adopt a resolution annually directing the preparation and filing of an Annual Report and a Resolution of Intention to renew the annual assessments for the District. The resolutions declare the City Council's intention to levy and collect assessments and set the date of the public hearing at which the assessments will be levied. The law requires the assessment information to be submitted to the County by August 10th of each year.

June 14, 2023
Renew & Levy CRT Maintenance District for FY 2023/24

Page 4 of 5 ends

Fiscal Year 2023/24 Benefit Fees
Attachment 3 is the proposed Coastal Rail Trail Maintenance District Engineer's Report for FY 2023/24 (Report). The Report contains an overview of the District, a description of the services and improvements to be maintained, the proposed FY 2023/24 Budget, and the method of apportionment.

The Report identifies and allocates costs and assessments of the District based on provisions of the Landscaping and Lighting Act of 1972 (1972 Act) and the Streets and Highways Code of California. Per the 1972 Act, the Maximum Assessment may be increased using the lesser of the increase in the San Diego Consumer Price Index for All Urban Consumers (CPI-U) or the maximum of the first year levy beginning in Fiscal Year 2007/2008, known as the Assessment Range Formula (2.0%). The Maximum Assessment adjusted annually by this formula is not considered an increased assessment because it is consistent with the formula approved by the vote in January 2006.

The CPI-U for 2022 was 7.71%. Since the maximum amount the assessment is allowed to increase each year is equal to the CPI-U but not greater than 2.00%, the assessments for FY 2023/24 are proposed to increase by 2.00% per Table 1 of the Report. The City has notified the property owners about levying and collecting the assessment in the Coastal Rail Trail Maintenance District by publishing a notice of this public hearing in the San Diego Union-Tribune.

CEQA COMPLIANCE STATEMENT:

Not a project as defined by CEQA.

FISCAL IMPACT:

The District began assessing a benefit charge in FY 2006/07. The CPI-U for 2022 was

7.71%. Since the maximum amount the assessment is allowed to increase each year is equal to the CPI-U but not greater than 2.00%, the assessments for FY 2023/24 are proposed to increase by 2.00% per Table 1 of the Report (and indicated above). The amount of the Equivalent Benefit Unit for FY 2023/24 is $8.18. This is $0.16 more per EBU than last year’s assessment and is consistent with the approval of the District by the vote of the property owners in January 2006.

Based on the above methodology and included in the Engineer’s Report, the CRT is expected to receive $85,475 in benefit charge revenues (total assessment amount). Total annual expenditures expected to be spent on the CRT are $93,901. The shortfall of $8,426, or the difference between the amount expected to be received ($85,475) and the amount expected to be spent ($93,901), will be covered by available projected reserves in the CRT fund of $94,326 on July 1, 2023. The CRT fund should keep reserves equal to approximately 50% of the annual assessment amount. The proposed budget will reduce the CRT fund balance to approximately $85,950 by June 30, 2024. This reserve will still be June 14, 2023
Renew & Levy CRT Maintenance District for FY 2023/24

Page 5 of 5 ends

over the 50% recommended maximum fund balance of $42,738. Once the reserves drop below the 50% recommended maximum fund balance, additional funds will need to be appropriated from non-CRT funding sources.

WORK PLAN:

Renewal of the District is consistent with the Fiscal Sustainability section of the proposed FY 2023/24 Work Plan.

OPTIONS:
• Approve Staff recommendation.
• Do not renew the CRT Maintenance District and fund the cost for maintenance of the CRT through the General Fund.
• Provide direction.

DEPARTMENT RECOMMENDATION:

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. Adopt Resolution 2023-076, approving the Engineer's Report regarding the Coastal Rail Trail Maintenance District.

3. Adopt Resolution 2023-077, ordering the levy and collection of the annual assessments regarding the Coastal Rail Trail Maintenance District for Fiscal Year 2023/24.

CITY MANAGER’S RECOMMENDATION:

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

1. Resolution 2023-076

2. Resolution 2023-077

3. Engineer’s Report for FY 2023/24
ATTACHMENT 1
RESOLUTION 2023-076

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, APPROVING THE FISCAL
YEAR 2023/24 ENGINEER'S REPORT REGARDING THE

COASTAL RAIL TRAIL MAINTENANCE DISTRICT
WHEREAS, the City Council, pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (the “Act"), did by previous Resolution order the Assessment Engineer, Koppel & Gruber Public Finance, to prepare and file the Fiscal Year (FY) 2023/24 Engineer's Report for the City of Solana Beach Coastal Rail Trail Maintenance District (District); and
WHEREAS, the Assessment Engineer has prepared and filed with the City Clerk of the City of Solana Beach, California, and the City Clerk has presented to the City Council such report entitled City of Solana Beach Coastal Rail Trail Maintenance District Engineer's Report FY 2023/24 (“Report”) as required by the Act; and WHEREAS, the City Council has carefully examined and reviewed the Report as presented, considered all oral and written comments presented with respect to the District and Report at a noticed Public Hearing and has discussed any necessary or desired modifications to the Report, and is satisfied that the levy for each parcel has been calculated in accordance with the special benefits received from the operation, maintenance and services performed, as set forth in the Report.

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

1. The above recitals are true and correct.

Resolution 2023-076
Approve Engineer’s Report for CRT Assessment District for FY 2023/24

Page 2 of 3 ends

d. The FY 2023/24 Assessment based upon the Method of Apportionment as approved by the property owners pursuant to the provision of the California Constitution Article XIIID Section 4.
e. An Assessment Range Formula for calculating annual inflationary adjustments to the initial “Maximum Assessment” (Adjusted Maximum Levy per benefit unit), also approved by the property owners. f. The FY 2023/24 Annual Budget (Costs and Expenses) and the resulting FY 2023/24 assessment (levy per benefit unit) for the fiscal year. g. The District Roll containing the levy for each Assessor's Parcel Number within the District for FY 2023/24.

4. The City Council is satisfied with the Report as presented or modified, each and all of the budget items and documents as set forth therein, and is satisfied that the FY 2023/24 annual assessments contained therein are consistent with the assessments approved by the property owners and spread in accordance with the special benefits received from the improvements pursuant to the provisions of the California Constitution Article XIIID.

5. The Report is hereby approved as submitted or modified and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

Resolution 2023-076
Approve Engineer’s Report for CRT Assessment District for FY 2023/24

Page 3 of 3 ends

6. The City Clerk shall certify to the passage and adoption of this resolution, and the minutes of this meeting shall so reflect the presentation and approval of the Report as submitted or modified.

PASSED AND ADOPTED this 14th day of June, 2023, at a regularly scheduled meeting of the by the City council of the City of Solana Beach 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 ---
ATTACHMENT 2
RESOLUTION 2023-077

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, ORDERING THE LEVY AND

COLLECTION OF ANNUAL ASSESSMENTS REGARDING THE

COASTAL RAIL TRAIL MAINTENANCE DISTRICT FOR FISCAL
YEAR 2023/24
WHEREAS, the City Council has, by previous resolutions, initiated proceedings to form and declare its intention to levy and collect annual assessments against parcels of land within the City of Solana Beach Coastal Rail Trail Maintenance District (“District”), for the Fiscal Year (FY) commencing July 1, 2023 and ending June 30, 2024 pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (Act) to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities related thereto; and
WHEREAS, Koppel & Gruber Public Finance, the Assessment Engineer selected by the City Council, has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council the Engineer’s Report entitled City of Solana Beach Coastal Rail Trail Maintenance District Engineer's Report FY 2023/24 (“Report”) in connection with the proposed levy and collection of special benefit assessment upon eligible parcels of land within the District, and the City Council did by previous resolution approve such Report; and
WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024, to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities related thereto; and WHEREAS, the City Council, following notice duly given, has held a full and fair Public Hearing on June 14, 2023, regarding the levy and collection of assessments as described in the Report prepared in connection therewith, and considered all oral and written statements, protests and communications made or filed by interested persons regarding these matters, pursuant to the Act and in accordance with the provisions of the California Constitution Article XIIID.

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

1. The above recitals are true and correct.

2. Following notice duly given, the City Council has held a full and fair public hearing regarding the levy and collection of the assessments, the Report prepared in connection therewith, and considered all oral and written statements, Resolution 2023-077
Assessment for CRT District for FY 2023/24

Page 2 of 3 ends

protests and communications made or filed by interested persons regarding these matters.

3. The City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2023 and ending June 30, 2024, to pay the costs and expenses of operating, maintaining and servicing the landscaping, public lighting improvements and appurtenant facilities located within public places in the District.

4. The City Council has carefully reviewed and examined the Report in connection with the District, and the levy and collection of assessments. Based upon its review of the Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, hereby finds that the City Council determines that:
a. The territory of land within the District will receive special benefits from the operation, maintenance and servicing of the landscaping, lighting, drainage and appurtenant facilities and improvements related thereto. b. The District includes all of the lands so benefited; and c. The amount to be assessed upon the lands within the District, in accordance with the proposed budget for the fiscal year commencing July 1, 2023 and ending June 30, 2024, is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefits, to be received by each parcel from the improvements and services, and is satisfied that the assessments are levied, without regard to property valuation.

5. The Report and FY 2023/24 assessments, as presented to the City Council and on file in the office of the City Clerk, are hereby confirmed as filed.

6. The City Council hereby orders the proposed improvements to be made; the improvements are briefly described as the operation, administration, maintenance and servicing of all public landscaping, lighting improvements and appurtenant facilities and expenses associated with the District, and that will be maintained by the City of Solana Beach or their designee and all such maintenance, operation and servicing of the landscaping, lighting and all appurtenant facilities shall be performed pursuant to the Act. A more complete description of the improvements is detailed in the Report and by reference this document is made part of this resolution.

7. The San Diego County Auditor shall place on the County Assessment Roll, opposite each parcel of land, the amount of levy so apportioned by the method of Resolution 2023-077
Assessment for CRT District for FY 2023/24

Page 3 of 3 ends

apportionment formula, outlined in the Report and such levies shall be collected at the same time and in the same manner as County taxes are collected pursuant to Chapter 4, Article 2, Section 22646 of the Act. After collection by the County, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the City Treasurer.

8. The City Treasurer shall deposit all money from the assessments collected by the County for the District into a fund for the Coastal Rail Trail Maintenance District, and such money shall be expended to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities related thereto described above.

9. The adoption of this resolution constitutes the authorization of the District levy for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024.

10.The City Clerk or Clerk's designee is hereby authorized and directed to file the levy with the San Diego County Auditor subsequent to the adoption of this resolution.

PASSED AND ADOPTED this 14th day of June, 2023, at a regularly scheduled meeting of the by the City Council of the City of Solana Beach by the following vote:

TABLE OF CONTENTS
SECTION I. OVERVIEW ..............................................................................................1 SECTION II. PLANS AND SPECIFICATION..............................................................3 SECTION III. PROPOSED FISCAL YEAR 2023/2024 BUDGET ..................................5 A. ESTIMATED FISCAL YEAR 2023/2024 BUDGET ...............................5 B. DESCRIPTION OF BUDGET ITEMS...................................................7 SECTION IV. METHOD OF APPORTIONMENT .......................................................8 A. GENERAL ................................................................................................8 B. GENERAL BENEFIT ANALYSIS ..........................................................8 C. SPECIAL BENEFIT ANALYSIS .............................................................9 D. ASSESSMENT METHODOLOGY .......................................................10 E. RATES .....................................................................................................12 F. ASSESSMENT RANGE FORMULA.....................................................13 SECTION V. ASSESSMENT ROLL.............................................................................14 SECTION VI. ASSESSEMENT DIAGRAM ...................................................................15 City of Solana Beach Coastal Rail Trail Maintenance District Page 1 Fiscal Year 2023/2024 Engineer’s Report 4/13/2023
SECTION I. OVERVIEW
A. INTRODUCTION AND BACKGROUND
The Coastal Rail Trail (the “CRT”) is a project sponsored by the cities of Oceanside, Carlsbad, Encinitas, Solana Beach and San Diego for a multi-use pathway (bicycle facilities and pedestrian) that will ultimately extend from the San Luis Rey River in Oceanside to the Santa Fe Depot in San Diego. Each of the sponsoring cities has agreed to construct and maintain the portion of the trail that is located within their jurisdiction. The City of Solana Beach (the “City”) began construction on their portion of the CRT (“City CRT”) in August 2003 by obtaining outside grants and the City CRT was substantially completed in November of 2004.

The City CRT encompasses approximately 1.7 miles extending from the north boundary of the City at the San Elijo Lagoon and the City of Encinitas to the south boundary of the City at Via de la Valle. The Class I bicycle trail proceeds south through the City, crossing Lomas Santa Fe Road and continuing to Via de la Valle in the City of Del Mar.

The City of Solana Beach Coastal Rail Trail Maintenance District (“District”) was formed in January 2006 in order to provide funding for the maintenance of certain public improvements including but not limited to the operation, maintenance and servicing of landscaping and public lighting improvements along the City CRT. This report constitutes the Fiscal Year 2023/2024 Engineer’s Report for the District.

The City Council pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (“Act”) and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIIC and XIIID (“Proposition 218”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) desires to levy and collect annual assessments against lots and parcels within the District beginning in the fiscal year commencing July 1, 2023 and ending June 30, 2024 to pay for the operation, maintenance and servicing of landscaping and public lighting improvements along the City CRT. The proposed assessments are based on the City’s estimate of the costs for Fiscal Year 2023/2024 to maintain the City CRT improvements that provide a special benefit to properties assessed within the District. The assessment rates set for Fiscal Year 2023/2024 as set forth in this Engineer’s Report, do not exceed the maximum rates established at the time the District was formed, therefore, the City and the District are not required to go through a property owner ballot procedure in order to establish the 2023/2024 assessment rates.

City of Solana Beach Coastal Rail Trail Maintenance District Page 2 Fiscal Year 2023/2024 Engineer’s Report 4/13/2023
B. CONTENTS OF ENGINEER’S REPORT
This Report describes the District boundaries and the proposed improvements to be assessed to the property owners located within the District. The Report is made up of the following sections.

SECTION I. OVERVIEW – Provides a general introduction into the Report and provides background on the District and the assessment.

SECTION II. PLANS AND SPECIFICATIONS – Contains a general description of the improvements that are maintained and serviced by the District.

SECTION III. PROPOSED FISCAL YEAR 2023/2024 BUDGET – Identifies the cost of the maintenance and services to be provided by the District including incidental costs and expenses.

SECTION IV. METHOD OF APPORTIONMENT – Describes the basis in which costs have been apportioned to lots or parcels within the District, in proportion to the special benefit received by each lot or parcel.

SECTION V. ASSESSMENT ROLL – The assessment roll identifies the maximum assessment to be levied to each lot or parcel within the District.

SECTION VI. ASSESSMENT DIAGRAM – Displays a diagram of the District showing the boundaries of the District.

For this Report, each lot or parcel to be assessed, refers to an individual property assigned its own Assessment Parcel Number (“APN”) by the San Diego County (“County”) Assessor’s Office as shown on the last equalized roll of the assessor.

Following the conclusion of the Public Hearing, the City Council will confirm the Report as submitted or amended and may order the collection of assessments for Fiscal Year 2023/2024.

City of Solana Beach Coastal Rail Trail Maintenance District Page 3 Fiscal Year 2023/2024 Engineer’s Report 4/13/2023
SECTION II. PLANS AND SPECIFICATION
A. GENERAL DESCRIPTION OF THE DISTRICT
The boundaries of the District are defined as being contiguous with the boundaries of the City of Solana Beach. Solana Beach is located approximately thirty miles north of the City of San Diego in the north coastal area of the County. The City is bordered by the Pacific Ocean to the west, the City of Encinitas to the north, the City of Del Mar to the south and the unincorporated village of Rancho Santa Fe to the east.

The properties within the District include single-family residential, multi-family residential, timeshare, commercial, and industrial parcels. Each parcel has been categorized into three zones based upon their general proximity to the City CRT. Please refer to Section IV D of the Report for a further explanation on the zones included within the District.

B. DESCRIPTION OF SERVICES AND IMPROVEMENTS TO BE MAINTAINED The District provides a funding mechanism for the ongoing maintenance, operation and servicing of landscaping and public lighting improvements that were installed as part of the construction of the City CRT. These improvements may include, but are not limited to, all materials, equipment, utilities, labor, and appurtenant facilities related to those improvements.

The improvements constructed as part of the project that are to be maintained and serviced by the District relate to landscaping and public lighting improvements, and are generally described as follows:
 Concrete and decomposed granite trails including landscaping, irrigation, drainage, grading, lighting, and hardscape features.
 Concrete paths, trees, plantings, lighting, irrigation, conduit, infrastructure, earthwork, trash receptacles, fencing, node structures (bus shelters, art amenities, garden nodes), drinking fountains, signage, and observation deck.
 Open space and irrigated and planted slopes located along the Trail.  Public lighting facilities within and adjacent to the City CRT.

Maintenance services will be provided by City personnel and/or private contractors. The proposed improvements to be maintained and services are generally described as follows:

City of Solana Beach Coastal Rail Trail Maintenance District Page 4 Fiscal Year 2023/2024 Engineer’s Report 4/13/2023

LANDSCAPING AND APPURTENANT IMPROVEMENTS
The landscaping improvements and services to be maintained by the District include but are not limited to landscaping, planting, ground cover, shrubbery, turf, trees, irrigation and drainage systems, hardscape, fixtures, sidewalks, fencing and other appurtenant items located along and adjacent to the City CRT.

PUBLIC LIGHTING AND APPURTENANT IMPROVEMENTS
The public lighting improvements to be maintained and serviced include but are not limited to the following, which provide public lighting directly or indirectly to the City CRT or to other public areas associated with or necessary for use of the trail:
 Maintenance, repair and replacement of public light poles and fixtures, including changing light bulbs, painting, photoelectric cell repair or replacement, and repairing damage caused by automobile accidents, vandalism, time, and weather.  Electrical conduit repair and replacement due to damage by vandalism, time and weather.
 Service-call maintenance, repair and replacement including painting, replacing worn out electrical components and repairing damage due to accidents, vandalism, and weather.
 Payment of the electrical bill for the existing street lighting system.  Responding to constituent and business inquiries and complaints regarding the public lighting.

Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of landscaping and public lighting improvements facilities and appurtenant facilities. This includes repair, removal or replacement of all or part of any of the landscaping and street lighting improvements, or appurtenant facilities; providing for the life, growth, health and beauty of landscaping improvements and for the operation of the lighting improvements.

Servicing means the furnishing of all labor, materials, equipment and utilities necessary to maintain the landscaping improvements and to maintain and operate the public lighting improvements or appurtenant facilities in order to provide adequate illumination.

City of Solana Beach Coastal Rail Trail Maintenance District Page 5 Fiscal Year 2023/2024 Engineer’s Report 4/13/2023
SECTION III. PROPOSED FISCAL YEAR BUDGET
A. ESTIMATED FISCAL YEAR 2023/2024 BUDGET
A summary of the proposed District Fiscal Year 2023/2024 budget is summarized, by category, in Table 1 shown on the following page:

City of Solana Beach Coastal Rail Trail Maintenance District Page 6 Fiscal Year 2023/2024 Engineer’s Report 4/13/2023
TOTAL
BUDGET

GENERAL

BENEFIT
PORTION1&2

PROPOSED FY
2023/2024

ASSESSMENT
Operating and Maintenance
Landscape, Irrigation & Hardscape Maintenance Thru an
Outside Contract (Includes Tree Trimming) $68,500 $13,500 $55,000 Utilities (Water) $20,600 $0 $20,600
Utilities (Electricity) $29,500 $29,500 $0
Trail Maintenance (DG & Concrete Paths) $1,400 $0 $1,400 Graffiti Abatement $200 $0 $200
Total Operating and Maintenance Costs $120,200 $43,000 $77,200 Capital Replacement
Landscape & Irrigation Replacement $3,600 $200 $3,400
Pedestrian/Bicycle Path Replacement $2,600 $200 $2,400
Hardscape Features Replacement (water fountain, art
work, bus shelter) $2,600 $200 $2,400
Reserves
Fiscal Year 2023/2024 Reserve Collection $0 $0 $0
Total Capital Replacement and Reserves $8,800 $600 $8,200 District Administration Costs
County SB 2557 Costs $300
County Electronic Data Processing Costs $601
City Administration/Consultant Costs $7,600
Total Administration Costs $8,501
TOTAL BUDGET $93,901
LESS OPERATING RESERVES USED IN FY2 ($8,426)
TOTAL ASSESSMENT AMOUNT $85,475
Total Parcels in the District 13,100
Total Parcels Levied 5,655
Total Equivalent Benefit Units 10,449.38
Proposed Levy Per Equivalent Benefit Unit $8.18
Inflation Percentage Applied to Proposed Levy Per EBU 2.00% Beginning Balance as of 7/1/23 $94,376
FY 2023/2024 Collection $85,475
Expenditures ($93,901)
Projected Ending Balance as of 6/30/243 $85,950
Maximum Recommended Cash Flow Reserve Amount $42,738

1. While the cost of the electricity is not 100% general benefit, the City is paying for the entire cost through other available funds and none of the cost is being allocated to the parcels located within the District.

2. The CRT landscaping cost is greater than the available funding from the District so other available funding is being utilized to cover the difference.

3. The City is developing a plan on how to utilize the operating reserves on the CRT in the future.

ADMINISTRATION COSTS

AMOUNT TO LEVY

OPERATING RESERVES
Table 1

CITY OF SOLANA BEACH

COASTAL RAIL TRAIL MAINTENANCE DISTRICT
2023/2024 BUDGET

OPERATING AND MAINTENANCE COSTS

CAPITAL REPLACEMENT AND RESERVES
City of Solana Beach Coastal Rail Trail Maintenance District Page 7 Fiscal Year 2023/2024 Engineer’s Report 4/13/2023
B. DESCRIPTION OF BUDGET ITEMS
The following is a brief description of the major budget categories that includes the detailed costs of maintenance and services for the District included in the table above.

OPERATING AND MAINTENANCE COSTS – This includes the costs of maintaining and servicing the landscaping and lighting improvements. This may include, but is not limited to, the costs for labor, utilities, equipment, supplies, repairs, replacements and upgrades that are required to properly maintain the items that provide a direct benefit to properties located within the District.

CAPITAL REPLACEMENT AND RESERVES – These items provide a funding source to pay for items that wear out over time, other unanticipated items not directly budgeted for and for the replacement of the landscaping, pathways and hardscape features located along and adjacent to the City CRT.

ADMINISTRATION COSTS – This includes the indirect costs not included above that are necessary to pay for administrative costs related to the District, including the levy and submittal of the assessments to the County to be placed on the Fiscal Year 2023/2024 County equalized tax roll, responding to property owner inquiries relating to the assessments and services, and any other related administrative costs.

City of Solana Beach Coastal Rail Trail Maintenance District Page 8 Fiscal Year 2023/2024 Engineer’s Report 4/13/2023
SECTION IV. METHOD OF APPORTIONMENT
A. GENERAL
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of landscaping and public lights and appurtenant facilities.

Streets and Highways Code Section 22573 requires that maintenance assessments be levied according to benefit rather than the assessed value.
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
In addition, Article XIIID and the Implementation Act require that a parcel’s assessment may not exceed the reasonable cost for the proportional special benefit conferred to that parcel. A special benefit is a particular and distinct benefit over and above general benefits conferred on property located within the assessment district. Article XIIID and the Implementation Act further provides that only special benefits are assessable and the City must separate the general benefits from the special benefits. They also require that publicly owned properties which specifically benefit from the improvements be assessed.

B. GENERAL BENEFIT ANALYSIS
The improvements described in Section II B of this Report are for the special benefit, enhancement and use of properties within the District. However, the City CRT was constructed as a portion of a much larger regional trail that will extend from the City of Oceanside to the north to the City of San Diego to the south. Residents and property owners located in each of the cities along the trail will receive a special benefit from the construction and maintenance of the trail within their city. Residents from each of these cities will have an opportunity to use the entire trail upon completion including the portion in Solana Beach which creates a general benefit.

Additionally, included among the different property types in the City are timeshare units.

Though individuals may purchase and “own” their timeshare unit, their ownership rights are limited and temporary (typically one week per year.) Owners of timeshare units have an opportunity to use the CRT while vacationing in the City. Due to the limited ownership time-frame of timeshare owners, their special benefit is limited and thus considered as part of the general benefit similar to the general benefit to the public at large.

The general benefit portion of the assessment has been determined by looking at each participating city’s trail length as a factor or the entire trail. The City of Solana Beach’s portion of the CRT is 1.7 miles compared to the entire proposed trail length of 44.0 miles.

Comparing the length of the City CRT to the total length of the CRT results in a general benefit of 3.86%. Engineering also determined that timeshares add an additional 2.0% City of Solana Beach Coastal Rail Trail Maintenance District Page 9 Fiscal Year 2023/2024 Engineer’s Report 4/13/2023
general benefit impact. For rounding purposes after adding the two components (3.86% +

2.0%) the general benefit is considered to be 6.0% overall to the public at large. The budget has been allocated to parcels based on their special benefit share. In addition, the City is paying 100% of the electricity costs, totaling $29,000, for the District through funds available from other sources resulting in over 30% of the costs paid directly by the City.

C. SPECIAL BENEFIT ANALYSIS
Each of the proposed improvements and the associated costs and assessments within the District has been reviewed, identified and allocated based on special benefit pursuant to the provisions of Article XIIID, the Implementation Act, and the Streets and Highways Code Section 22573.

Proper maintenance and operation of the City CRT landscaping, hardscape, open space and public lighting provides special benefit to adjacent properties by providing community character, security, safety and vitality. Additionally, one of the purposes of the trail is to facilitate alternative transportation opportunities in order to reduce air pollution and vehicular traffic congestion which provide special benefit to the properties within the District.

TRAIL AND LANDSCAPING SPECIAL BENEFIT
Landscaping and appurtenant facilities, if well maintained, provide beautification, shade and enhancement of the desirability of the surroundings, and therefore increase property values. Specifically, they provide a sense of ownership and a common theme in the community providing aesthetic appeal, recreational and health opportunities and increased desirability of properties.

PUBLIC LIGHTING SPECIAL BENEFIT
The operation, maintenance and servicing of public lighting along and adjacent to the City CRT provide safety and security to properties along City CRT specifically as follows:
 Improved security, deterrence of crime and aid to police and fire protection.  Reduced vandalism and damage to the improvements and property.  Increased business activity to the coastal community during nighttime hours.

City of Solana Beach Coastal Rail Trail Maintenance District Page 10 Fiscal Year 2023/2024 Engineer’s Report 4/13/2023
D. ASSESSMENT METHODOLOGY
To establish the special benefit to the individual lots or parcels within the District, an Equivalent Benefit Unit system based on land use is used along with a Zone Factor based on geographic proximity to the City CRT.

EQUIVALENT BENEFIT UNITS
Each parcel of land is assigned an Equivalent Benefit Unit in proportion to the estimated special benefit the parcel receives relative to other parcels within the District. The single family detached (“SFD”) residential property has been selected as the basic unit for calculating assessments; therefore, a SFD residential parcel equals one Equivalent Benefit Unit (“EBU”).

The EBU method of apportioning benefit is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the benefit to each parcel from the improvements are apportioned as a function of land use type, size and development. A methodology has been developed to relate all other land uses to the SFD residential as described below.

EBU APPLICATION BY LAND USE:

SINGLE-FAMILY RESIDENTIAL — This land use is defined as a fully subdivided residential parcel in which a tract map has been approved and recorded. This land use is assessed 1.0 EBU per lot or parcel. This is the base value that all other land use types are compared and weighted against (i.e. Equivalent Benefit Unit or EBU).

RESIDENTIAL CONDOMINIUM — This land use is defined as a fully subdivided residential parcel that has more than one residential unit developed on the property with individual unit ownership. This land use is assessed 1.0 EBU per dwelling unit.

MULTI-FAMILY RESIDENTIAL — This land use is defined as a fully subdivided residential parcel that has more than one residential unit developed on the property not available for individual unit ownership. This land use is assessed 0.75 EBU per dwelling unit.

PLANNED-RESIDENTIAL DEVELOPMENT — This land use is defined as any property not fully subdivided with a specific number of proposed residential lots or dwelling units to be developed on the parcel. This land use type is assessed at 1.0 EBU per planned (proposed) residential lot or dwelling unit.

COMMERCIAL/INDUSTRIAL — This land use is defined as property developed for either commercial or industrial use. This land use type is assessed at 1.0 EBU per parcel.

VACANT SINGLE-FAMILY RESIDENTIAL — This land use is defined as property currently zoned for single-family detached residential development, but a tentative or final tract map has not been submitted and/or approved. This land use is assessed at 1.0 EBU per parcel.

VACANT MULTI-FAMILY RESIDENTIAL — This land use is defined as property currently zoned for multi-family residential development, but a tentative or final tract map has not been submitted and/or approved. This land use is assessed at 0.75 EBU per parcel.

City of Solana Beach Coastal Rail Trail Maintenance District Page 11 Fiscal Year 2023/2024 Engineer’s Report 4/13/2023
VACANT COMMERCIAL/INDUSTRIAL — This land use is defined as property currently zoned for either commercial or industrial use. This land use is assessed at 1.0 EBU per parcel.

EXEMPT PARCELS — This land use identifies properties that are not assessed and are assigned 0.0 EBU. This land use classification may include, but is not limited, to lots or parcels identified as public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and right-of-ways including greenbelts and parkways; utility right-of-ways; common areas, sliver parcels and bifurcated lots or any other property that can not be developed; park properties and other publicly owned properties that are part of the District improvements or that have little or no improvement value. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment.

PUBLIC OWNED PARCELS — This land use identifies properties that are not assessed and are assigned 0.0 EBU. This land use classification includes other typically non-assessed parcels that are not considered exempt parcels and may include, but is not limited, to lots or parcels identified as schools, government owned buildings, fire and police stations, and administration offices. These types of properties are considered to receive little special benefit from the improvements and any benefit that they may receive is considered to be part of the City’s general benefit contribution to the District.

ZONE FACTOR
The District was divided into three zones based on the proximity of parcels in location to the City CRT. Properties located the closest to the trail will receive a greater special benefit as compared to those parcels the farthest away. In order to calculate this into the assessment a factor is applied to each parcel according to the following Zone location.

ZONE 1 PROPERTIES – This Zone is defined as properties located adjacent to or within a few blocks of the City CRT improvements. This includes all properties that are generally located east of Acacia and Sierra Avenue and west of Rios Avenue. Parcels located in this zone use the EBU amounts derived above based on land use and then multiplied by a proximity factor of three (3).

ZONE 2 PROPERTIES – This Zone is defined as properties located close to the improvements but not adjacent to the City CRT or properties defined as Zone 1 Properties.

This includes all properties that are generally located west of Acacia Avenue and also those properties located east of Rios Avenue and west of Interstate-5. Parcels located in this zone use the EBU amounts derived above based on land use and then multiplied by a proximity factor of two (2).

ZONE 3 PROPERTIES – This Zone is defined as properties located the furthest away from the City CRT improvements. This includes all properties that are located east of Interestate5. Parcels located in this zone use the EBU amounts derived above based on land use and then multiplied by a proximity factor of 0.5.

City of Solana Beach Coastal Rail Trail Maintenance District Page 12 Fiscal Year 2023/2024 Engineer’s Report 4/13/2023
The following table summarizes the EBU and Zone Factors based on land use.

In order to determine the maximum annual assessment rate for each type of land use described above, the following formula is applied:

Applicable EBU * Applicable Zone Factor*Maximum Assessment Rate per 1.0 EBU=Assessment Rate per Unit/Parcel.

E. RATES
Table 3 below shows the maximum assessments rates proposed to be levied in Fiscal Year 2023/2024 by land use. Because the San Diego Consumer Price Index for All Urban Consumers (“CPI-U”) was over 2.00% for 2022 (7.71%), the maximum assessments were increased by 2.00% as allowed for in the assessment range formula discussed below.

Land Use Description
Equivalent
Benefit Units
(EBUs) Per
Zone 1
Multiplier
Zone 2
Multiplier
Zone 3
Multiplier
No. of EBUs
for Property
in Zone 1
No. of EBUs
for Property
in Zone 2
No. of EBUs
for Property
in Zone 3
Single Family Residential 1.00 Lot or Parcel 3.00 2.00 0.50 3.00 2.00 0.50 Residential Condominium 1.00 Dwelling Unit 3.00 2.00 0.50 3.00 2.00 0.50 Multi-Family Residential 0.75 Dwelling Unit 3.00 2.00 0.50 2.25 1.50 0.38 Planned Residential Development 1.00
Lot or Dwelling
Unit 3.00 2.00 0.50 3.00 2.00 0.50
Commercial/Industrial 1.00 Parcel 3.00 2.00 0.50 3.00 2.00 0.50 Vacant Single Family Residential 1.00 Parcel 3.00 2.00 0.50 3.00 2.00 0.50 Vacant Multi-Family Residential 0.75 Parcel 3.00 2.00 0.50 2.25 1.50 0.38 Vacant Commercial/Industrial 1.00 Parcel 3.00 2.00 0.50 3.00 2.00 0.50 Timeshare Units 0.00
1 week of
ownership 3.00 2.00 0.50 0.00 0.00 0.00
Exempt Parcels 0.00 Parcel 3.00 2.00 0.50 0.00 0.00 0.00 Public Owned Parcels 0.00 Parcel 3.00 2.00 0.50 0.00 0.00 0.00 Table 2

CITY OF SOLANA BEACH

COASTAL RAIL TRAIL MAINTENANCE DISTRICT

EQUIVALENT BENEFIT UNITS AND ZONE FACTOR BY LAND USE
City of Solana Beach Coastal Rail Trail Maintenance District Page 13 Fiscal Year 2023/2024 Engineer’s Report 4/13/2023
F. ASSESSMENT RANGE FORMULA
The purpose of establishing an Assessment Range Formula is to provide for reasonable inflationary increases to the annual assessments without requiring the District to go through an expensive balloting process required by law in order to get a small increase. On July 1, 2007 and each year thereafter, the Maximum Assessment Rate shall be increased by the lesser of Local CPI-U in the San Diego County area or 2.0%. The CPI-U used shall be as determined annually by the Bureau of Labor Statistics beginning with the CPI-U rate increase for 2006.

Beginning in the Fiscal Year 2007/2008 the Maximum Assessment may be increased using the lesser of the increase in the CPI-U from first year levy (the Assessment Range Formula) or 2.0%. This Assessment Rate Formula would be applied every fiscal year thereafter and a new Maximum Assessment will be established to include the allowable increase.

The Maximum Assessment adjusted annually by this formula is not considered an increased assessment. Although the Maximum Assessment will increase each year, the actual assessment will only reflect the necessary budgeted amounts and may remain unchanged. Increases in the budget or an increase in the rate in one year from the prior year will not require a new 218 balloting unless the rate is greater than the Maximum Assessment adjusted to reflect an increase in the CPI-U.

Land Use Description Per
Base Rate for
Zone 1
Base Rate
for Zone 2
Base Rate
for Zone 3
Single Family Residential Lot or Parcel $24.54 $16.36 $4.09 Residential Condominium Dwelling Unit $24.54 $16.36 $4.09 Multi-Family Residential Dwelling Unit $18.40 $12.27 $3.07 Planned Residential Development
Lot or Dwelling
Unit $24.54 $16.36 $4.09
Commercial/Industrial Parcel $24.54 $16.36 $4.09
Vacant Single Family Residential Parcel $24.54 $16.36 $4.09 Vacant Multi-Family Residential Parcel $18.40 $12.27 $3.07 Vacant Commercial/Industrial Parcel $24.54 $16.36 $4.09 Timeshare Units
1 week of
ownership $0.00 $0.00 $0.00
Exempt Parcels Parcel $0.00 $0.00 $0.00
Public Owned Parcels Parcel $0.00 $0.00 $0.00

COASTAL RAIL TRAIL MAINTENANCE DISTRICT

EQUIVELANT BENEFIT UNITS AND ZONE FACTOR BY LAND USE
Table 3

CITY OF SOLANA BEACH
City of Solana Beach Coastal Rail Trail Maintenance District Page 14 Fiscal Year 2023/2024 Engineer’s Report 4/13/2023
SECTION V. ASSESSMENT ROLL
Parcel identification, for each lot or parcel within the District shall be the parcel as shown on the County Assessor's map for the year in which this Report is prepared.

A listing of parcels assessed within the District, along with the proposed assessment amounts, has been submitted to the City Clerk, under a separate cover, and by reference is made part of this Report. Said listing of parcels to be assessed shall be submitted to the County Auditor/Controller and included on the property tax roll for each parcel in Fiscal Year 2023/2024. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.

City of Solana Beach Coastal Rail Trail Maintenance District Page 15 Fiscal Year 2023/2024 Engineer’s Report 4/13/2023
SECTION VI. ASSESSMENT DIAGRAM
The parcels within the District consist of all lots, parcels and subdivisions of land located in the City. A reduced copy of the boundary map of the area is attached. 900· 450• o· 900·
SCALE : 1" = 900'
834 'Ila Ven. CrllS Suite 21111 San Uarooa, Callfornla 92078 PMM (780) 510-0280 Fu (780) 510-0288 (05-057) APRIL 2005

CITY OF

SAN DIEGO
SHEET 1 OF 1
FILED IN THE omcE OF THE CITY CLERK OF THE CITY OF SOLANA BEACH THIS __ DAY OF ________ 2005.

I HEREBY CERTIFY THAT THE V.,THIN MAP SHOV.,NG PROPOSED BOUNDARIES

OF THE COASTAL RAIL TRAIL MAINTENANCE DISTRICT, CITY OF SOLANA

BEACH, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF SOLANA BEACH AT A REGULAR MEETING THEREOF, HELD ON THE ___ DAY OF _______ _ 2005, BY ITS RESOLUTION NO. ________ _

CITY CLERK

CITY OF SOLANA BEACH
FILED THIS ___ DAY OF----~-- 2005, AT THE
HOUR OF ____ O'CLOCK --~M. IN BOOK ___ OF MAPS OF
ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE(S) __ AND AS INSTRUMENT NO. _______ IN THE OFFICE OF THE
COUNTY RECORDER IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.

COUNTY RECORDER

COUNTY OF SAN DIEGO

STATE OF CALIFORNIA
NOTE: FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR'S

PARCELS, REFERENCE IS MADE TO THE MAPS OF THE SAN DIEGO COUNTY

ASSESSOR OF SAN DIEGO COUNTY RECORDS, WHICH MAPS SHALL GOVERN FOR ALL DETAILS RELATING THERETO.

PROPOSED BOUNDARY MAP OF

COASTAL RAIL TRAIL MAINTENANCE DISTRICT

CITY OF SOLANA BEACH

COUNTY OF SAN DIEGO

STA TE OF CALIFORNIA
City of Solana Beach Coastal Rail Trail Maintenance District Page 16 Fiscal Year 2023/2024 Engineer’s Report 4/13/2023

CITY OF SOLANA BEACH

COASTAL RAIL TRAIL MAINTENANCE DISTRICT
Engineer’s Report
Fiscal Year 2023/2024
The undersigned respectfully submits the enclosed Report as directed by City Council.

Report Submitted By:

By: ________________________________
Scott Koppel
Koppel & Gruber Public Finance
By: ________________________________
Mohammad Sammak
CITY COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # B.3.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: June 14, 2023
ORIGINATING DEPT: Community Development Department
SUBJECT: Public Hearing: DRP for Replacement of Siding, Windows, Exterior Doors, Light Fixtures, Waterproofing and NonStructural Roofing at the Existing Two-Story Residence at 141 Pacific Avenue. (Case # DRP23-001 Applicant: Maribel and Travis Bradberry Resolution 2023-074)
BACKGROUND:

The Applicants, Maribel and Travis Bradberry, are seeking the City Council’s approval of a Development Review Permit (DRP) for like for like replacement of the existing siding, windows, exterior doors, waterproofing, non-structural roofing and exterior light fixtures.

The Applicants are not proposing any work to the structural components of the foundation, floor, exterior walls or roof and are not proposing any modification to the existing floor area. The existing residence was originally constructed in 1959 prior to the City’s incorporation and prior to the adoption of the Zoning Ordinance and the Local Coastal Program Land Use Plan which require a minimum 40-foot rear yard setback from the top edge of the coastal bluff. Therefore, the existing residence is legally existing nonconforming.

The 5,650 square foot lot is located within the Medium Residential (MR) Zone and the Scaled Residential Overlay Zone (SROZ). The proposed project is below the bluff top redevelopment project threshold(s) as defined by the City’s Certified Local Coastal Program (LCP) Land Use Plan (LUP) as discussed in this Staff Report.

The proposed project requires a DRP for one reason: 1) for development on a coastal bluff top property or on the face or toe of a bluff for which a coastal development permit will be required from the California Coastal Commission.

The issue before the Council is whether to approve, approve with conditions, or deny the Applicants’ request as contained in Resolution 2023-074 (Attachment 1).

June 14, 2023
DRP23-001 Bradberry Residence
141 Pacific Ave.

Page 2 of 11 ends

DISCUSSION:

The subject property is located on the west side of Pacific Avenue, two properties north of the Fletcher Cove Community Center. The lot size is 5,650 square feet. The site is currently developed with a two-story, single-family residence with an attached garage that is considered legally existing nonconforming because it does not meet the minimum required 40-foot bluff top setback and a portion of the southernmost portion of the structure encroaches into the required side yard setback.

The existing home consists of 725 square feet of living area, an attached 490 square foot garage and a 200 square foot workshop on the lower level and 671 square feet of living area on the upper level. The existing residence is setback approximately 24.5 feet from the front property line and 23 feet from the rear property line. The southernmost corner of the workshop encroaches approximately one foot into the required south side yard setback and the existing exterior staircase that provides access to the upper level encroaches one foot seven inches into the northern side yard setback. The western onethird of the residence encroaches into the minimum 40-foot bluff top setback. The entire residence except for the workshop and a corner of the garage is located seaward of the Geologic Setback Line (GSL). Due to the fact that there are no proposed modifications to the structural components of the existing residence, the Applicants have shown the approximate GSL location on the plans in the same location that was illustrated in the City’s LUP exhibit 4-3 as shown below:

Subject Site
141 Pacific Ave.
lt,dopt.d Lgcaf Coaatal Prognim Lend Un P1.-.

City of Solan• Beacft, Fetiru•ry 2013
QT"l'Of"~IIUCN
UTIMATUl'fWOl'eor.tT-.111.'-'", 2'1'
June 14, 2023
DRP23-001 Bradberry Residence
141 Pacific Ave.

Page 3 of 11 ends

As mentioned previously, the scope of work includes like for like replacement of the existing siding, windows, exterior doors, waterproofing, non-structural roofing, and exterior light fixtures. The project plans are provided in Attachment 3. This scope of work does not exceed any DRP thresholds, however, the Applicants contacted the California Coastal Commission (CCC) prior to submitting their application and CCC Staff indicated that they would require a Coastal Development Permit for the proposed scope of work.

The SBMC indicates that if the project is for development on a coastal bluff top property or on the face or toe of a bluff for which a coastal development permit will be required by the CCC, then a Development Review Permit is required.

The property is not located within any of the City’s Specific Plan areas; however, it is located within the boundaries of the SROZ. The project has been evaluated for conformance with the policies contained in the City’s Certified LCP LUP, regulations of the SROZ, and the Solana Beach Municipal Code (SBMC) which are discussed further later in this report. As a condition of project approval, the Applicants would be required to obtain a Coastal Development Permit (CDP) from the California Coastal Commission (CCC) prior to the issuance of a building permit by the City.

Table 1 below provides an overview of the applicable Certified LUP and Solana Beach Municipal Code (SBMC) specific minimum and maximum requirements of the zoning regulations for the development of the property compared to the Applicants’ proposed design. As shown, the proposed height, setbacks, and floor area ratio (FAR) for the proposed project are in compliance with the regulations of the SBMC.

Table 1

LOT INFORMATION
Property Address:

Legal Lot Size:

Max. Allowable Floor Area:

Existing/Prop. Floor Area:

Below Max Floor Area:

Max. Allowable Height:

Existing Height:

Overlay Zone(s):
141 Pacific Ave.
5,560 ft2
2,780 ft2
2,086 ft2
694 ft2
25 ft.

17. 08 ft.

SROZ
Zoning Designation:
# of Units Allowed:
# of Units Requested:

MR (5-7 du/ac)
1 Dwelling Unit 1 ADU
& 1 JADU
Existing Dwelling Unit
Setbacks: Required Existing
Front (E) 5 ft. 24 ft.- 6 in.

Interior Side (N) 5 ft. 3 ft.- 5 in.

Interior Side (S) 5 ft. 4 ft.

Rear (W) 40 ft. min. 23 ft.

PROPOSED PROJECT INFORMATION
Floor Area Breakdown: Required Permits:

DRP: A DRP is required for any development on a
coastal bluff top property or on the face or toe of a
bluff for which a Coastal Development Permit
issued by the California Coastal Commission is
presently required.

Existing Main Level Garage:

Existing Main Level Workshop
Existing Main Level Living Area:

Existing Upper-Level Living Area:

Subtotal:

Required Parking Exemption:
490 ft2
200 ft2
725 ft2
671 ft2
2,086 ft2
-400 ft2
Total Floor Area: 1,686 ft2
Proposed Grading: The proposed project does not include any grading.

June 14, 2023
DRP23-001 Bradberry Residence
141 Pacific Ave.

Page 4 of 11 ends

City Council Resolution 2023-074 provides the full text of the pertinent DRP regulations.

Staff has prepared draft findings for approval of the project for Council’s consideration based upon the information in this report and Staff’s analysis of the proposed project. It provides the applicable LUP and SBMC sections in italicized text. Conditions from the Planning, Engineering and Fire Departments have been incorporated into the Resolution of Approval. The Council may direct Staff to modify the Resolution to reflect the findings and conditions as it deems appropriate as a part of the Public Hearing process. If the Council determines the project is to be denied, Staff will prepare a Resolution of Denial for an action to be taken at a subsequent Council meeting.

The following is a discussion of compliance with the policies of the LCP LUP as well as the findings for a DRP (as each applies to the proposed project) and a discussion of the development plans and recommended conditions as contained in the attached Resolution.

Local Coastal Program (LCP) Land Use Plan (LUP):

The City’s LUP applies citywide as the entire City is located within the Coastal Zone.

Therefore, in addition to compliance with the City’s Municipal Code and General Plan, the project’s conformance with the certified LUP is also evaluated.

The LUP contains specific policies, provisions and regulations related to properties located on the coastal bluff including those related to bluff edge setbacks, existing legal non-conforming structures and the removal of permanent irrigation systems located within 100 feet of the bluff edge.

The key relevant policies from the City’s Certified LUP which apply to this project are listed below in italics for reference followed by an analysis of the how the proposed project is designed in compliance with the respective Certified LUP policy:

Policy 4.14: Existing, lawfully established structures that are located between the sea and the first public road paralleling the sea (or lagoon) built prior to the adopted date of the LUP that do not conform to the provisions of the LCP shall be considered legal non-conforming structures. Such structures may be maintained and repaired, as long as the improvements do not increase the size or degree of non-conformity. Additions and improvements to such structures that are not considered Bluff Top Redevelopment, as defined herein, may be permitted provided that such additions or improvements themselves comply with the current policies and standards of the LCP. Complete demolition and reconstruction or Bluff Top Redevelopment is not permitted unless the entire structure is brought into conformance with the policies and standards of the LCP.

Policy 4.17: New development shall be set back a safe distance from the bluff edge, with a reasonable margin of safety, to eliminate the need for bluff retention devices to protect the new improvements. All new development, including additions to existing structures, on bluff property shall be landward of the Geologic Setback Line (GSL) as set forth in Policy 4.25. This requirement shall apply to the June 14, 2023
DRP23-001 Bradberry Residence
141 Pacific Ave.

Page 5 of 11 ends

principal structure and accessory or ancillary structures such as guesthouses, pools, tennis courts, cabanas, and septic systems, etc. Accessory structures such as decks, patios, and walkways, which are at-grade and do not require structural foundations may extend into the setback area no closer than five feet from the bluff edge. On lots with a legally established bluff retention device, the required geologic analysis shall describe the condition of the existing seawall; identify any impacts it may be having on public access and recreation, scenic views, sand supply and other coastal resources; and evaluate options to mitigate any previously unmitigated impacts of the structure or modify, replace or remove the existing protective device in a manner that would eliminate or reduce those impacts.

The proposed project plans (Attachment 2) indicate that the project will consist of like for like replacement of windows, doors, siding, water proofing, non-structural roofing and light fixtures. No interior changes, changes to the structural components or changes to the floor area are proposed. The existing nonconforming residence is located seaward of the GSL except for the workshop and the eastern most corner of the garage and does not meet the minimum 40-foot rear yard setback.

The property has required five-foot side yard setbacks along the north and south side yards as well as along the front (landward or east) side of the property. It should be noted that the existing, nonconforming workshop on the southeastern side of the home currently extends into the required side yard setback and will remain in place as allowed under both the SBMC and the LUP. There are no proposed modifications to the existing footprint of the structure. The SBMC and the LUP indicate that legally existing nonconforming structures can be maintained and repaired as long as it does not increase the size or degree of the nonconformity.

The GSL and bluff stability requirements of the LUP are provided under LUP Policy 4.25.

The geotechnical analysis prepared by GeoSoils, Inc. that was provided by the Applicants is discussed further below.

Policy 4.25: All new bluff property development shall be set back from the bluff edge a sufficient distance to ensure that it will not be in danger from erosion and that it will ensure stability for its projected 75 year economic life. To determine the GSL, applications for bluff property development must include a geotechnical report, from a licensed Geotechnical Engineer or a certified Engineering Geologist that establishes the Geologic Setback Line (GSL) for the proposed development.

This setback line shall establish the location on the bluff top stability where it can be reasonably assured for the economic life of the development. Such assurance will take the form of a quantitative slope analysis demonstrating a minimum factor of safety against sliding of 1.5 (static) or 1.2 (pseudostatic, k-0.15 or determined through analysis by the geotechnical engineer), using shear strength parameters derived from relatively undeformed samples collected at the site. In no case shall the setback be less than 40 feet from the bluff edge, and only if it can be demonstrated that the structure will remain stable, as defined above, at such a location for its 75-year economic life and has been sited safely without reliance on existing or future bluff retention devices, other than a caisson foundation.

June 14, 2023
DRP23-001 Bradberry Residence
141 Pacific Ave.

Page 6 of 11 ends

The proposed project would not modify the structural components of the existing residence or change the footprint of the structure in any way, the existing non-conforming structure is allowed to remain as is. The proposed improvements could be permitted as they would not increase the size or degree of the existing legal non-conformity as allowed under LUP Policy 4.14.

Policy 4.26: With respect to bluff properties only, the City will require the removal or capping of any permanent irrigation system within 100 feet of the bluff edge in connection with issuance of discretionary permits for new development, redevelopment, or shoreline protection, or bluff erosion, unless the bluff property owner demonstrates to the satisfaction of the Public Works Director, or the CCC if the project is appealed, that such irrigation has no material impact on bluff erosion (e.g., watering hanging plants over hardscape which drains to the street).

The proposed project has been conditioned to require that if there is any existing onsite irrigation that, prior to final inspection, the Applicants would be required to remove or cap off any/all onsite permanent irrigation systems located within 100 feet of the bluff edge.

Chapter 8 of the LUP (Definitions) contains the threshold listed below that is used by the City to evaluate whether a proposed project is considered a remodel or whether it meets the definition of a “Bluff Top Redevelopment” project.

Bluff Top Redevelopment shall apply to proposed development located between the sea and the first public road paralleling the sea (or lagoon) that consists of alterations including (1) additions to an existing structure, (2) exterior and/or interior renovations, (3) and/or demolition of an existing bluff home or other principal structure, or portions thereof, which results in:
(a) Alteration of 50% or more of major structural components including exterior walls, floor and roof structure, and foundation, or a 50% increase in floor area. Alterations are not additive between individual major structural components; however, changes to individual major structural components are cumulative over time from the date of certification of the LUP. (b) Demolition, renovation or replacement of less than 50% of a major structural component where the proposed alteration would result in cumulative alterations exceeding 50% or more of a major structural component, taking into consideration previous alterations approved on or after the date of certification of the LUP; or an alteration that constitutes less than 50% increase in floor area where the proposed alteration would result in a cumulative addition of greater than 50% of the floor area taking into consideration previous additions approved on or after the date of certification of the LUP.

The proposed project would not modify the footprint of the existing residence or change the existing floor area and the existing residence is below the maximum building height June 14, 2023
DRP23-001 Bradberry Residence
141 Pacific Ave.

Page 7 of 11 ends

and the maximum allowable FAR. The proposed like for like changes to the windows, doors, siding, non-structural roofing, waterproofing and light fixtures would not increase the size or the degree of the existing legal nonconformity. Additionally, as shown in Table 3, the proposed project is below all thresholds listed above and is therefore not considered a Bluff Top Redevelopment project and is not subject to Certified LUP Policy 4.29 which would otherwise require the project, as new development, to be brought into conformance with the LCP.

Structural
Component
Proposed
or
Modified
Percent
Change /
Difference
LUP
Threshold
Exceeded?
Exterior Walls 0 FT 0% No
Floor Area 0 SF 0% No
Foundation 0 SF 0% No
Roof Structure 0 SF 0% No
Floor Structure 0 SF 0% No
The property is located approximately 0.3 miles south of Tide Park Beach public beach access easement and 0.1 miles north of Fletcher Cove Park, which each provides public coastal access to the public beach below. As designed, the proposed project would not change the existing public access.

Development Review Permit Compliance:

In addition to meeting zoning requirements, the project must also be found in compliance with development review criteria. The proposed project requires a DRP for development on a coastal bluff top property that requires a coastal development permit issued by the CCC.

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 Council may approve, or conditionally approve, a DRP only if all the findings listed below can be made. Resolution 2023-074 (Attachment 1) provides a full discussion of the following findings.

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.

June 14, 2023
DRP23-001 Bradberry Residence
141 Pacific Ave.

Page 8 of 11 ends

2. The proposed development complies with the development review criteria set forth in subsection F of this section.

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 the above findings cannot be made, the Council shall deny the DRP. 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 MR Zone. Other nearby properties are also located within the MR Zone and are developed with one and two-story, single-family residences.

The project site is currently developed with a split-level, single-family residence.

The project, as designed, is consistent with the permitted uses for the MR Zone as described in SBMC Sections 17.20.010 and 17.12.020. The property is designated Medium Density Residential in the General Plan and intended for single-family residences developed at a maximum density of five to seven dwelling units per acre. The proposed development could be found to be consistent with the objectives of the General Plan as it encourages the development and maintenance of healthy residential neighborhoods, the stability of transitional neighborhoods, and the rehabilitation of deteriorated neighborhoods.

The property is not located within any of the City’s Specific Plan areas; however, it is located within the boundaries of the SROZ and within the Coastal Zone. The project has been evaluated, and could be found to be in conformance with, the regulations of the SROZ, which are discussed further in this report. As a condition of project approval, the Applicants would be required to obtain a Coastal Development Permit, Waiver or Exemption from the California Coastal Commission prior to the issuance of a Building Permit.

Building and Structure Placement:

The Applicants are proposing like for like replacement of the windows, doors, siding, water proofing, non-structural roofing and light fixtures. There are no proposed modifications to the footprint floor area or height of the existing structure.

June 14, 2023
DRP23-001 Bradberry Residence
141 Pacific Ave.

Page 9 of 11 ends

Fences, Walls and Retaining Walls:

The SBMC allows for fences and walls or any combination thereof, to be no higher than 42 inches in height as measured from existing grade within the front yard setback.

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 plans indicate that there are existing walls in the rear and side yards and one in front of the existing residence that will remain without any proposed modifications. A condition of approval has been added to the resolution that indicates that any proposed onsite fences, 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).

Landscape:

The project is not subject to the water efficient landscaping regulations of SBMC Chapter

17.56. According to SBMC Section 17.56.040, the regulations apply to modified irrigated landscaped areas that exceed 500 square feet. The Applicants are not proposing any new irrigated landscaping.

Parking:

The existing attached 490 square foot garage is located on the east side of the residence and will remain as it currently exists. The garage provides two unobstructed parking spaces that are 9 ft. X 19 ft. therefore the property qualifies for the 400 square footage exemption for required parking in an enclosed garage.

Grading:

The proposed project does not include any grading.

Lighting:

June 14, 2023
DRP23-001 Bradberry Residence
141 Pacific Ave.

Page 10 of 11 ends

Useable Open Space:

The project consists of like for like replacement of existing finishes, windows and doors for an existing single-family residence with attached garage, therefore, usable open space and recreational facilities are not required according to SBMC 17.20.040.

Property Frontage & Public Right-of-Way Improvements:

The existing property frontage is improved with concrete curb and sidewalk. If approved, the Applicants will not be required to do any public improvements.

Public Hearing Notice:

Notice of the City Council Public Hearing for this project was published in the San Diego 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 2, 2023. As of the date of preparation of this Staff Report, Staff has not received any letters, phone calls, or emails from neighbors or interested parties in support of, or in opposition to, the proposed project.

In conclusion, if the Council can make the required findings, the proposed project, as conditioned, could be found in compliance with the requirements of the Certified LUP, Zoning Ordinance, and the General Plan, and could be found to meet the findings required to approve a DRP.

CEQA COMPLIANCE STATEMENT:

The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 Exemption) of the 2022 State CEQA Guidelines which is an exemption for minor alteration of existing public or private structures or facilities including additions to existing structures provided that the addition will not result in an increase of more than 50% of the floor area of the structures before the addition, or 2,500 square feet, whichever is less.

FISCAL IMPACT: N/A
WORK PLAN: N/A
OPTIONS:
• Approve Staff recommendation adopting the attached Resolution 2023-074. • 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.

June 14, 2023
DRP23-001 Bradberry Residence
141 Pacific Ave.

Page 11 of 11 ends

DEPARTMENT RECOMMENDATION:

The proposed project meets the minimum objective requirements under the LUP, SBMC, is 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 2023-074 conditionally approving like for like replacement of the existing siding, windows, exterior doors, waterproofing, non-structural roofing and exterior light fixtures at 141 Pacific Avenue.

CITY MANAGER’S RECOMMENDATION:

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

1. Resolution 2023-074

2. Project Plans
RESOLUTION 2023-074

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, CONDITIONALLY

APPROVING A DEVELOPMENT REVIEW PERMIT FOR LIKE

FOR LIKE REPLACEMENT OF EXTERIOR FINISHES,

WINDOWS AND DOORS FOR AN EXISTING SINGLE-FAMILY
RESIDENCE AT 141 PACIFIC AVENUE, SOLANA BEACH
APPLICANTS: Maribel and Travis Bradberry
CASE NO.: DRP23-001
WHEREAS, Maribel and Travis Bradberry (hereinafter referred to as “Applicants”) have submitted an application for a Development Review Permit (DRP) pursuant to Title 17 (Zoning), of the Solana Beach Municipal Code (SBMC); and WHEREAS, 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 June 14, 2023, 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 15301 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 request for a DRP for like for like replacement of the existing siding, windows, exterior doors, waterproofing, roofing materials and exterior light fixtures at 141 Pacific Avenue is conditionally approved based upon the following findings and subject to the following conditions:

3. 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 2023-074
DRP 23-001 Bradberry Residence

Page 2 of 8 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 proposed project, as conditioned, is consistent with the City’s General Plan designation of Medium Density Residential, which allows for single-family residential development with a maximum density of 5-7 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.

Local Coastal Program Land Use Plan Consistency: The proposed project is consistent with all applicable requirements of the City’s certified Local Coastal Program Land Use Plan including key policies related to bluff edge setbacks for new development.

Zoning Ordinance Consistency: The proposed project is consistent with all applicable requirements of the Zoning Ordinance (Title 17) (SBMC

17.20.030 and 17.48.040), which delineates maximum allowable Floor Area Ratio (FAR), Permitted Uses and Structures (SBMC Section

17.20.020), which provides for uses of the property for a single-family residence. Further, the proposed project adheres to all property development regulations established for the Medium Residential (MR) Zone and cited by SBMC Section 17.020.030 as well as the specific development regulations of the Scaled Residential Overly Zone (SROZ) cited in SBMC Section 17.48.040.

The design of the proposed project is consistent with the provisions for minimum yard dimensions (i.e., setbacks) and the maximum FAR, maximum building height, and parking requirements. Prior to building permit issuance, the project will be reviewed for compliance with the landscape regulations as established by SBMC Section 17.56.

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, Resolution 2023-074
DRP 23-001 Bradberry Residence

Page 3 of 8 ends

as well as protection of the property from adverse surrounding influences.

The property is located within the MR Zone. Other nearby properties are also located within the MR Zone and are
developed with one and two-story, single-family residences. The project site is currently developed with a split-level, single-family residence.

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

17.12.020. The property is designated Medium Density
Residential in the General Plan and intended for single-family residences developed at a maximum density of five to seven 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 Applicants are proposing like for like replacement of the windows, doors, siding, water proofing, roofing materials and light fixtures. There are no proposed modifications to the footprint, floor area, or height of the existing structure.

c. Landscaping: The removal of significant native vegetation shall be minimized. Replacement vegetation and landscaping shall be compatible with the vegetation of the surrounding area.

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

Resolution 2023-074
DRP 23-001 Bradberry Residence

Page 4 of 8 ends

The project is not subject to the water efficient landscaping regulations of SBMC Chapter 17.56. According to SBMC
Section 17.56.040, the regulations apply to modified irrigated landscaped areas that exceed 500 square feet. The Applicants are not proposing any new irrigated landscaping.

The LCP Policy 4.26 requires the Applicants to cap or remove any permanent irrigation systems onsite unless the bluff property owner demonstrates, to the satisfaction of the City Engineer, that such irrigation has no material impact on bluff erosion. A condition has been added that if there are any permanent irrigation systems that they shall be capped or removed. 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.

The existing attached 490 square foot garage is located on the east side of the residence and will remain as it currently exists.

The garage provides two unobstructed parking spaces that are 9 ft. X 19 ft. therefore the property qualifies for the 400 square footage exemption for required parking in an enclosed garage. 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 project does not include any grading.
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).

Resolution 2023-074
DRP 23-001 Bradberry Residence

Page 5 of 8 ends

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.

17.20.040.

III. All required permits and approvals, 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 Development Review Permit.

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 Applicants obtaining the required permit or approval from the other agency.

The Applicants are required to obtain approval from the CCC prior to issuance of Building Permits.

4. CONDITIONS
Prior to use or development of the property in reliance on this permit, the Applicants shall provide for and adhere to the following conditions:

A. Community Development Department Conditions:

I. Building Permit plans must be in substantial conformance with the plans presented to the City Council on June 14, 2023, and located in the project file with a submittal date of May 19, 2023.

II. The Applicants shall obtain required California Coastal Commission (CCC) approval of a Coastal Development Permit, Waiver or Resolution 2023-074
DRP 23-001 Bradberry Residence

Page 6 of 8 ends

Exemption as determined necessary by the CCC, prior to the issuance of a building permit by the City.

III. The Applicants shall remove or cap any/all permanent irrigation systems onsite unless the bluff property owner demonstrates, to the satisfaction of the City Engineer/Public Works Director, that such irrigation has no material impact on bluff erosion (e.g., watering hanging plants over hardscape which drains to the street).

IV. Any new bluff property landscaping shall consist of native, noninvasive, drought-tolerant, fire-resistant, and salt-tolerant species.

V. Any new exterior lighting fixtures shall be in conformance with the City-Wide Lighting Regulations of SBMC 17.60.060.

VI. 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.

VII. 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 Pacific Avenue and minimize impact to the surrounding neighbors.

VIII. Pursuant to SBMC 17.68.040 subsection K, the signed final development plan shall be the official site layout for the property and shall be attached to any application for a building permit for the subject property. Any subsequent revisions or changes to the final development plan as approved by the Council will require an amendment to the approved DRP.

B. Fire Department Conditions:

I. 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 Resolution 2023-074
DRP 23-001 Bradberry Residence

Page 7 of 8 ends

to commercial centers per the 2022 California Fire Code Chapter 5 Section 505.1.

II. CLASS “A” ROOF: All structures shall be provided with a Class “A” Roof covering to the satisfaction of the Solana Beach Fire Department and per the 2022 California Building Code Chapter 15 Section 1505.

C. Engineering Department Conditions:

I. The Applicants are required to obtain an Encroachment Permit in accordance with SBMC Section 11.20 for the construction of any damaged sidewalk panels or curb/gutter as directed by the City Inspector. The frontage improvements shall be done to the satisfaction of the City Engineer prior to the occupancy of the proposed project.

II. 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.

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

5. 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 1.1.6 and 1.18 in addition to any applicable revocation proceedings.

6. EXPIRATION: The Development Review Permit for the project will expire 24 months from the date of this Resolution, unless the Applicants have obtained building permits and have commenced construction prior to that date, and diligently pursued construction to completion. An extension of the expiration date of this Development Review Permit may be applied for pursuant to SBMC 17.72.110 subject to City Council approval.

7. 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 Resolution 2023-074
DRP 23-001 Bradberry Residence

Page 8 of 8 ends

this indemnification. In the event of such election, the Applicants shall pay all of the costs related thereto, including without limitation reasonable attorney’s fees and costs. In the event of a disagreement between the City and Applicants regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicants shall not be required to pay or perform any settlement unless such settlement is approved by the Applicants.

NOTICE TO APPLICANTS: Pursuant to Government Code Section 66020, you are hereby notified that the 90-day period to protest the imposition of the fees, dedications, reservations or other exactions described in this resolution commences on the effective date of this resolution. To protest the imposition of any fee, dedications, reservations or other exactions described in this resolution you must comply with the provisions of Government Code Section 66020. Generally, the resolution is effective upon expiration of the tenth day following the date of adoption of this resolution, unless the resolution is appealed or called for review as provided in the Solana Beach Zoning Ordinance.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Solana Beach, California, held on the 14th day of June 2023, by the following vote:

GENERAL NOTES

1. ALL CONSTRUCTION SHALL CONFORM TO THE GOVERNING CITY AND/OR COUNTY MUN/CfAL CODE AND OTHER GOVERNING CODES, RULES, REGULATIONS,

ORDINANCES, LAWS, ORDERS, APPROVALS, ETC THAT ARE REQUIRED BY PUBLIC AUTHORITIES AS WELL AS THE 2016 CALIFORNIA BUILDING CODE, 2016 ELECTRICAL CODE, 2016 MECHANICAL CODE, 2016 PLUMBING CODE, 2016 ENERGY CODE, 2016 FIRE CODE, 2016 CALIFORNIA RESIDENTIAL CODE, WH!CH ADOPTS THE 2015 lRC, 2015 UMC, 2015 UPC AND THE 2014 NEC IN THE EVENT OF CONFLICT, THE MOST

STRINGENT REQUIREMENTS SHALL APPLY

2. ANY ERRORS, OMISSIONS, OR CONFLICTS FOUND IN THE VARIOUS PARTS OF

THE CONSTRUCTION DOCUMENTS SHALL BE BROUGHT TO THE ATTENTION OF THE

DESIGNER BEFORE PROCEEDING WITH THE WORK
3 CHANGES TO THE APPROVED DRAWINGS AND SPEClFICAT!ONS SHALL BE MADE

ONLY BY OWNER APPROVED ADDENDA OR CHANGE ORDER
4 WRITTEN DIMENSIONS TAKE PRECEDENCE DO NOT SCALE DRAWINGS 5 DIMENSIONS ARE TO THE FACE OF STUD OR CONCRETE IN PLAN UNLESS

OTHERWISE NOTED OR INDICATED
6 DIMENSIONS ARE TO TOP OF PLATE OR TOP OF SUBFLOOR lN SECTION OR

ELEVATION UNLESS OTHERWISE NOTED OR INDICATED
7 THE CONTRACTOR SHALL DETERMINE THE LOCATION OF UTILITY SERVICES IN

THE AREA PRIOR TO EXCAVATION THE CONTRACTOR SHALL ASSUME

RESPONSIBILITY FOR THE PROTECTION OF EXISTING UTILITIES AND PAVEMENT

WITHIN THE AREA OF THE WORK WHETHER INDICATED ON THE DRAWINGS OR NOT, UNLESS OTHERWISE NOTED All UTILITIES TO BE UNDERGROUND PER UTILITY

COMPANY AND LOCAL CODE REQUIREMENTS
6 THESE DRAWINGS DO NOT INCLUDE NECESSARY COMPONENTS FOR CONSTRUCTION SAFETY OFALL PARTIES PRESENT ON THE JOB S1TE THIS IS THE

CONTRACTOR'S RESPONSIBILITY
9 THE CONTRACTOR SHALL PROTECT ADJACENT PROPERTIES AND SITE WORK AT All TIMES
10 THE DESIGNER DOES NOT ASSUME ANY OF THE RESPONSIBILITY FOR METHODS

ORAPPLIANCES USED BY THE CONTRACTOR, NOR SAFETY OF THE JOB IN COMPLIANCE W1TH THELAWS ANO REGULATIONS
11 All MATERIALS, APPLIANCES, AND EQUIPMENT SHALL BE INSTALLED PER

MANUFACTURER'S INSTRUCTIONS
12 VERIFY BOTH EXISTING AND FINISH GRADE WITH THE SITE PLAN, SURVEY AND

CIVIL DRAWINGS, IF AVAILABLE
13 VERIFY ALL ARCHITECTURAL DETAILS WlTH THE STRUCTURAL DRAWINGS

BEFORE THE ORDERING OR INSTALLATION OF ANY ITEM OR WORK 14 COORDINATE All DETAILS WITH THE SHEAR WALLS AND ENCASE STRUCTURAL

POSTS AS REQUIRED BY THE STRUCTURAL DRAWINGS
15 WINDOW SIZES AND DOOR HEAD HEIGHTS ARE FRAME DIMENSIONS REFER TO

MANUFACTURER FOR ACTUAL ROUGH OPENINGS SIZES AND ACTUAL UNIT SIZES

VERIFY OPNEING PRIOR TO ORDERING
16 All NEW GLAZING Will BE INSTALLED WI CERTIFYING LABEL ATTACHED SHOWING THE "U" VALUE
17 WHERE LOCATIONS OF WINDOWS AND DOORS ARE NOT DIMENSIONED THEY

SHALL BE CENTERED ON THE WALL OR PLACED TWO STUD WIDTHS FROM

ADJACENT WALL AS INDICATED ON THE DRAWINGS
18 All CHANGES 1N FLOOR MATERIALS ALIGN W/DOOR JAMB OR FRAMED

OPENING UNLESS OTHERWISE INDICATED ON THE DRAWINGS
19 DOORS, WINDOWS, KEYING, LIGHTING, LOCK DEVICES, EXIT DEVICES, AND

NUMBERING SHALL COMPLY WITH STATE AND LOCAL BUILDING CODES 20 PROVIDE WOOD BACKING FOR HOOKS, HAND RAILS, CABINETS, EQUIPMENT,

SHELVES, TOWEL BARS ETC
21 INSTALL INSULATION BETWEEN STUDS AND JOISTS AT ALL OPEN CAVITIES AT

WALLS, CEILINGS AND FLOORS BETWEEN CONDITIONED AND UNCONDITIONED

SPACE VENTILATE AS REQUIRED
22 MEET All CALIFORNIA ENERGY CONSERVATION REQUIREMENTS 23 CONTRACTOR TO PERFORM A HAZARDOUS MATERIALS SURVEY PRIOR TO

DEMOLITION
24 All ASS AND PVC PIPING AND FITTINGS SHALL BE ENCLOSED WITHIN WALLS AND FLOORS COVERED WITH "TYPE X GYPSUM BOARD" OR SIMILAR ASSEMBLIES

THAT PROVIDE THE SAME LEVEL OF FIRE PROTECTION PROTECTION OF

MEMBRANE PENETRATIONS IS NOT REQUIRED
25 STATE HEALTH AND SAFETY CODE SEC 17921_9 BANS THE USE OF

CHLORINATED POLYVINYL CHLORIDE (CPVC) FOR INTERIOR WATER SUPPLY PIPING 26 HOSE BIBS AND SPRINKLER SYSTEMS SHALL HAVE APPROVED BACKFLOW

PREVENTION DEVICES
27 All BUILDING WATERPROOFING {INTERIOR & EXTERIOR) INCLUDING

FOUNDATIONS & SLAB ON GRADE & WINDOW & DOOR INSTALLATIONS ARE

ASSUMED TO BE DESIGN BUILD BY GENERAL CONTRACTOR DETAILS ARE

PROVIDED FOR DESIGN INTENT ONLY DESIGNER IS NEITHER LIABLE NOR

RESPONSIBLE
28 A CERTIFICATE OF COMPLIANCE WITH ENERGY STANDARDS OF THE STATE OF CALIFORNIA (TITLE 24} SHALL BE SUBMITTED TO THE BUILDING DEPARTMENT OF

THE GOVERNMENT ENTITY IN WHOSE JURISDICTION THIS PROJECT FALLS AT THE

TIME OF FINAL INSPECTION BY THE BUILDING OFFICIAL
29 COMPLIANCE WITH THE DOCUMENTATION REQUIREMENTS OF THE 2016

ENERGY EFFICIENCY STANDARD IS NECESSARY FOR THIS PROJECT REGISTERED, SIGNED, AND DATED COPIES OF THE APPROPRIATE CF-1R, CF~2R, AND CF-3R

FORMS SHALL BE MADE AVAILABLE AT NECESSARY INTERVALS FOR BUILDING INSPECTOR REVIEW FINAL COMPLETED FORMS Wlll BE AVAILABLE FOR THE

BUILDING OWNER
30 COMPUANCE WITH THE DOCUMENTATION REQUIREMENTS OF THE 2016

ENERGY EFFICIENCY STANDARDS IS NECESSARY FOR THIS PROJECT REGISTERED, SIGNED, AND DATED COPIES OF THE APPROPRIATE CF1R, CF2R, ANO CF3R FORMS SHALL BE MADE AVAILABLE AT NECESSARY INTERVALS FOR BUILDING INSPECTOR REVIEW FINAL COMPLETED FORMS \<\'1ll BE AVAILABLE FOR THE

BUILDING OWNER

APPLICABLE CODES
2019 CALIFORNIA BUILDING CODE (CBC)
2019 CALIFORNIA RESIDENTIAL CODE {CRC)
2019 CALIFORNIA PLUMBING CODE {CPC)
2019 CALIFORNIA MECHANICAL CODE (CMC)
2019 CALIFORNIA ELECTRICAL CODE {CECJ
2019 CAUFORNIA ENERGY CODE
2019 CALIFORNIA F!RE CODE
141 PACIFIC AVE
SOLANA BEACH, CA 92075
MARCH 28, 2023

SYMBOLS PROJECT DESCRIPTION PROJECTDATA SHEET INDEX
DET All BUBBLE
DET All NUMBER

SHEET NUMBER

ELEVATION TAG

DETAIL NUMBER

SHEET NUMBER

SECTION TAG

DETAIL NUMBER

SHEET NUMBER
ROOM NAME....___ ~~~:~ ~:::IF!CATION
[I[jJ - ROOM NUMBER

FINISH--- FLOOR FINISH
2 REVISION TAG

REVISION CLOUD

REVISION TAG
. ,,,,,..,_,., ~..,, "'" ----L LEVEL TAG
~ DETAIL TAG ~ --= DATUM
~
DETA!l NUMBER ~ BUILDING ELEMENT

SHEET NUMBER
N ,r
s
,.,--.... INTERIOR ELEVATIONS

ELEVATION NUMBER
SHEET NUMBER 1r

DOOR TAG
~ REFER TO DOOR
/ SCHEDULE
~
0 ~ W!NDOWTAG
REFER TO W!NDOW

SCHEDULE
O'. 1"~ DIMENSION STR!NG
;r ~~g~ g~ ~+~g TO
f.t1 EXISTING & PROPOSED SITE PLAN \_J SCALE 1/SM:::1'-0H

WORK ON A SINGLE FAMILY DWELLING TO INCLUDE LIKE FOR UKE REPLACEMENT OF EXISTING SIDING, WINDOWS AND EXTERIOR DOORS. EXISTING WATERPROOFING

AND ROOFING TO BE REPLACED REPLACEMENT OF EXTERIOR LIGHTING FIXTURES

NO CHANGE TO EXISTING BUILDING ENVELOPE AND BUILDING AREA NO CHANGES

TO THE STRUCTURAL COMPONENTS OF THE EXTERIOR WALLS, THE ROOF STRUCTURE, THE FOUNDATION OR THE FLOOR STRUCTURE. NO SITE WORK

PROPOSED

PROJECT BUILDING AREAS
LOCATION !,,J~V~l 1 LEVEL 2
EXISTING AREA 725 SF 671 SF
DEMO AREA 0 SF 0SF
NEW AREA 0 SF 0SF
TOTAL AREA 725 SF 671 SF

TOTAL BUILDING AREA

PROJECT SITE AREAS

LOCATION
NON•LANDSCAPE AREA

NON-IRRIGATED LANDSCAPE

IRRIGATED LANDSCAPE

WATER FEATURES

DECORATIVE HARDSCAPE

TOTAL LOT AREA
S 45• 30' 30" W
121 00'
;;x1sTING
3,917 SF
0 SF
400 SF
0 SF
1,333 SF
5,650 SF
GARAG!;; WORK RM
490SF 200SF
0SF 0SF
0SF 0SF
490 SF 200SF
2,086 SF

NEW NEW TOTAL
0SF 3,917 SF
0 SF 0 SF
0 SF 400 SF
0SF 0 SF
0SF 1,333 SF
5,650 SF

PROJECT ADDRESS

ASSESSORS PARCEL

LEGAL DESCRIPTION
ZONING
OVERLAY ZONE{$)
141 PAC!F!C AVE, SOLANA BEACH CA 92075
263-323·06
LOT 4 IN BLOCK 23 OF SOLANA BEACH, IN THE

CITY OF SOLANA BEACH, COUNTY OF SAN

DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO 1749, FILED 1N THE OFFICE

OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY MARCH 5, 1923
MEDIUM RESIDENTIAL (MRd)
COAST Al ZONE

GENERAL
AO.O COVER SHEET

ARCHITECTURAL
A11 EXISTING FLOOR PLAN
A1.2 EXISTING FLOOR PLAN
A1.3 EXISTING ROOF PLAN
A21 PROPOSED FLOOR PLANS
A2.2 PROPOSED FLOOR PLAN
A2.3 PROPOSED ROOF PLAN SCALED RESIDENTIAL OVERLAY
HILLSIDE OVERLAY A31 EXISTING & PROPOSED BUILDING ELEVATIONS

FIRE ZONE

FLOOD ZONE
NO
NO
SETBACK FRONT 10"·0"
SETBACK INT SIDE 5'-0"
SETBACK STREET SIDE 10'.0"
SETBACK REAR 25'-0"
GROSS LOT AREA 5,650 SF
NET LOT AREA 5,650 SF
MAX FLOOR AREA RATIO O 6/0 5 = 2,995 SF

FLOOR AREA RATIO (GROSS) ALLOWABLE
0 500 X 5,650 SF
TOTAL= 2,825 SF
MAX DENSITY 2 DU
PROPOSED DENSITY 1 DU (NO CHANGE)
MAX BUILDING HEIGHT 25"•0"
PROPOSED BUILDING HEIGHT 17'-2" (NO CHANGE)
EXISTING OFF STREET PARKING 2
OCCUPANCY TYPE R-3

SPRINKLERS NO

CONSTRUCTION TYPE VB
STORIES 2
\___NOSITEWORK)
A32 EXISTING & PROPOSED BUILDING ELEVATIONS
A33 EXISTING & PROPOSED BUILDING ELEVATIONS
A34 EXISTING & PROPOSED BUILDING ELEVATIONS

PROJECT DIRECTORY
OWNER

MARIBEL & TRAVIS BRADBERRY
141 PACIFIC AVE
SOLANA BEACH, CA 92075

DRAFTSPERSON

ALEC PETROS STUDIO
PO BOX 861
CARDIFF BY THE SEA, CA 92007

CONTACT ALEC PETROS
PHONE (760) 415-4019
EMAIL ALEC@ALECPETROS COM

I ------(E) ASPHALT DRIVEWAY
(NO CHANGE) I
g
0 --(E) CURB CUT (NO CHANGE)
I
w 1;;:
u
G:
10 cl: ,O' .o ..

I · --{El CURB (NO CHANGE)
]-----(E) LANDSCAPE (NO ~HANGE)
-----(El WATER METER (NO CHANGE)
I
----(El POWER POLE (NO ~HANGE)
ff ,.

ENERGY
!NSU.FORM, INC
43585 MONTEREY AVE, SUITE 7
PALM DESERT, CA 92260

CONTACT JOAN HACKER
PHONE {760) 345·1352
EMAIL JENERGY36@YAH00 COM
6' 16'

ALEC PETROS

WILLIAM ALEC PETROS

ALEC PETROS STUDIO, JNC
PO BOX 861
CARDIFF BY THE SEA, CA 92007
WWW.ALECPETROS COM
INFO@ALECPETROS COM
+1760415 4019

MARK DATE DESCRIPTION
DEVELOPMENT REVIEW PERM!i
BOBRY
0328,2023

COVER SHEET
As mdicated
AO.O

PLAN LEGEND
EXISTING WALL, 2x4 FRAMING, TO BE DEMOLISHED
EXISTING WALL, 2x4 FRAMING, TO REMAIN

GENERAL NOTES
All DIMENSIONS ARE TO FACE OF STUD, UNLESS OTHERWISE NOTED All GUARDRAILS AND HANDRAILS SHALL MEET MINIMUM REQUIREMENTS OF

THE CBC
3 HANDRAIL SHALL HAVE 1-1/4"
- 2" GRIP ABLE CROSS SECTION. NO SHARP
CORNERS. HANDRAIL SHALL EXTEND FROM TOP TO BOTTOM RISERS AND

TERMINATE AT NEWEL POSTS OR RETURN TO WALLS PER CBC
4 HANDRAILS SHALL BE PROVIDED ON AT LEAST ONE SIDE OF EACH STAIRWAY

WITH FOUR OR MORE RISERS
5 HANDRAILS AND EXTENSIONS SHALL BE 34" TO 38" ABOVE NOSING OF TREADS

AND BE CONTINUOUS
6 THE HANDGRIP PORTION OF ALL HANDRAILS SHALL BE NOT LESS THAN 1-¼ INCHES NOR MORE THAN 2 INCHES !N CROSS-SECTIONAL DIMENSION. SEE SECTION R311.7.8-3 FOR ALTERNATIVES
7 HANDRAILS PROJECTING FROM WALLS SHALL HAVE AT LEAST 1-½ INCHES

BETWEEN THE WALL AND THE HANDRAIL
8 ENDS OF HANDRAILS SHALL BE RETURNED OR SHALL HAVE ROUNDED

TERMINATIONS OR BENDS
9 GUARDRAILS SHALL BE INSTALLED ALONG OPEN-SIDED WALKING SURFACES THAT ARE LOCATED MORE THAN 30" ABOVE THE FLOOR OR GRADE BELOW 10_ GUARDRAILS SHALL HAVE A HEIGHT OF 42" (MAY BE 34" ALONG THE SIDES OF

STAIRS)
11 GUARDRAIL OPENINGS BETWEEN RAILINGS SHALL BE LESS THAN 4". THE

TRIANGULAR OPENINGS FORMED BY THE RISER, TREAD AND BOTTOM ELEMENT OF A GUARDRAIL AT A STAIR SHALL BE LESS THAN 6"

12. GUARDRAIL SHALL HAVE CAPABILITY TO RESIST A CONCENTRATED LOAD OF200

POUNDS IN ANY DIRECTION ALONG THE TOP RAIL
13 ALL STAIRS SHALL HAVE A MAXIMUM RISER NO MORE THAN 7-314" AND A MINIMUM TREAD DEPTH OF 10"
14 THE GREATEST RISER HEIGHTWJTHIN ANY FLIGHT OF STAIRS SHALL NOT EXCEED THE SMALLEST BY MORE THAN 3/8 INCH. THE GREATEST TREAD DEPTH

WITHIN ANY FLIGHT OF STAIRS SHALL NOT EXCEED THE SMALLEST BY MORE THAN 3/8 !NCH
15_ ALL GYPSUM BOARD SHALL BE 5/8~ THICK, UNLESS OTHERWISE NOTED

16. FOR ELECTRICAL FIXTURE AND OUTLET LOCATIONS, SEE MEP SERIES

17. CONTRACTOR TO VERIFY PROPERTY LINE PRIOR TO FOUNDATION FORMWORK

DEMO & REPLACE (E)
DOOR UNIT. NO CHANGE
TO {El FRAMING--------,_ LJ /
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
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N
G

ALEC PETROS

WILLIAM ALEC PETROS
ALEC PETROS STUDIO, !NC
PO BOX 861
CARDIFF BY THE SEA, CA 92007
WWW.ALECPETROS.COM
INFO@ALECPETROS,COM
+1760415 4019

MARK DATE DESCRIPTION

DEVELOPMENT REVIEW PERMIT
BDBRY
03,28,2023

EXISTING FLOOR
PLAN
1/4"= 1"-0"
A1 .1

PLAN LEGEND
EXISTING WALL, 2x4 FRAMING, TO BE DEMOUSHED
EXISTING WALL, 2x4 FRAMING, TO REMAIN

GENERAL NOTES
All DIMENSIONS ARE TO FACE OF STUD, UNLESS OTHERWISE NOTED

ALL GUARDRAILS AND HANDRAILS SHALL MEET MINIMUM REQUIREMENTS OF

THE CBC
3 HANDRAIL SHALL HAVE M/4" - 2" GRIP ABLE CROSS SECTION NO SHARP

CORNERS HANDRAIL SHALL EXTEND FROM TOP TO BOTTOM RISERS AND

TERMINATE AT NEWEL POSTS OR RETURN TO WALLS PER CBC
4 HANDRAILS SHALL BE PROVIDED ON AT LEAST ONE SIDE OF EACH STAIRWAY

WJTH FOUR OR MORE RISERS
5 HANDRAILS AND EXTENSIONS SHALL BE 34" TO 38,. ABOVE NOSING OF TREADS

AND BE CONTINUOUS
6 THE HANDGR!P PORTION OF ALL HANDRAILS SHALL BE NOT LESS THAN 1·¼ INCHES NOR MORE THAN 2 INCHES IN CROSS-SECTJONAL DIMENSION SEE SECTION R31 U 8,3 FOR ALTERNATIVES
7 HANDRAILS PROJECTING FROM WALLS SHALL HAVE AT LEAST 1-½ INCHES

BETWEEN THE WALL AND THE HANDRAIL

S ENDS OF HANDRAILS SHALL BE RETURNED OR SHALL HAVE ROUNDED

TERMINATIONS OR BENDS
9 GUARDRAILS SHALL BE INSTALLED ALONG OPEN-SIDED WALKING SURFACES THAT ARE LOCATED MORE THAN 30" ABOVE THE FLOOR OR GRADE BELOW 10 GUARDRAILS SHALL HAVE A HEIGHT OF 42'' (MAY BE 34" ALONG THE SIDES OF

STAIRS)
11 GUARDRAIL OPENINGS BETWEEN RAILINGS SHALL BE LESS THAN 4". THE

TRIANGULAR OPENINGS FORMED BY THE RISER, TREAD AND BOTTOM ELEMENT OF A GUARDRAIL AT A STAIR SHALL BE LESS THAN 6"
12 GUARDRAIL SHALL HAVE CAPABILITY TO RESIST A CONCENTRATED LOAD OF 200

POUNDS IN ANY DIRECTION ALONG THE TOP RAIL
13 ALL STAIRS SHALL HAVE A MAXIMUM RISER NO MORE THAN 7-3/4" AND A MINIMUM TREAD DEPTH OF 10"
14 THE GREATEST RISER HEIGHT WITHIN ANY FLIGHT OF STAIRS SHALL NOT EXCEED THE SMALLEST BY MORE THAN 3/8 INCH THE GREATEST TREAD DEPTH

WITHIN ANY FLIGHT OF STAIRS SHALL NOT EXCEED THE SMALLEST BY MORE THAN 3/8 !NCH
15 ALL GYPSUM BOARD SHALL BE 518', THICK, UNLESS OTHERWISE NOTED 16 FOR ELECTRICAL FIXTURE AND OUTLET LOCATIONS, SEE MEP SERIES 17 CONTRACTOR TO VERIFY PROPERTY LINE PRIOR TO FOUNDATION FORMWORK /
/
/
/
/
/
/
/
/
/
/
/
/
0 EXISTING SECOND FLOOR PLAN SCALE 1/4 .. = 1'-0"
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
0/
/ 1
/
/
/
/
/
/
/
/
/
/
/
/~--.:i~----------------------------------------~
/ --- /
/
/
:/
1 /
/
/
/
/
/
/
/
/
/
/
(E) EXTERIOR WALL BELOW 7
/
N
O' 4' 0

ALEC PETROS

WILLIAM ALEC PETROS
ALEC PETROS STUDIO, !NC
PO BOX 861
CARDIFF BY THE SEA, CA 92007
WWW.ALECPETROS COM
!NFO@ALECPETROS,COM
+1760415 4019

MARK DATE DESCRIPTION

DEVELOPMENT REVIEW PERMIT
BDBRY
03 28 2023

EXISTING FLOOR
PLAN
1/4"= 1'-0"
A1.2

PLAN LEGEND
EXISTING WALL, 2x4 FRAMING, TO BE DEMOLISHED
EXISTING WALL, 2x4 FRAMING, TO REMAIN

GENERAL NOTES

ALL DIMENSIONS ARE TO FACE OF STUD, UNLESS OTHERWISE NOTED

ALL GUARDRAILS AND HANDRAILS SHALL MEET MINIMUM REQUIREMENTS OF

THE CBC
3 HANDRAIL SHALL HAVE H/4" ·2" GRIPABLE CROSS SECTION. NO SHARP

CORNERS HANDRAIL SHALL EXTEND FROM TOP TO BOTTOM RISERS AND

TERMINATE AT NEWEL POSTS OR RETURN TO WALLS PER CBC
4 HANDRAILS SHALL BE PROVIDED ON AT LEAST ONE SIDE OF EACH STAIRWAY

WITH FOUR OR MORE RISERS
5 HANDRAILS AND EXTENSIONS SHALL BE 34" TO 38" ABOVE NOSING OF TREADS

AND BE CONTINUOUS
6 THE HANDGR!P PORTION OF ALL HANDRAILS SHALL BE NOT LESS THAN 1•¼ INCHES NOR MORE THAN 2 JNCHES IN CROSS.SECTIONAL DIMENSION. SEE SECTION R311.7.8.3 FOR ALTERNATIVES
7 HANDRAILS PROJECTING FROM WALLS SHALL HAVE AT LEAST 1-½ INCHES

BETWEEN THE WALL AND THE HANDRAIL
8 ENDS OF HANDRAILS SHALL BE RETURNED OR SHALL HAVE ROUNDED

STAIRS)

11. GUARDRAIL OPENINGS BETWEEN RAILINGS SHALL BE LESS THAN 4" THE

TRIANGULAR OPENINGS FORMED BY THE RISER, TREAD AND BOTTOM ELEMENT OF A GUARDRAIL AT A STAIR SHALL BE LESS THAN 6"
12 GUARDRAIL SHALL HAVE CAPABILITY TO RESIST A CONCENTRATED LOAD OF 200 POUNDS IN ANY DIRECTION ALONG THE TOP RAll
13, All STAIRS SHALL HAVE A MAXIMUM RISER NO MORE THAN 7-3/4" AND A MINIMUM TREAD DEPTH OF 10"
14 THE GREATEST RISER HEIGHT WITHIN ANY FLIGHT OF STAIRS SHALL NOT EXCEED THE SMALLEST BY MORE THAN 3/8 INCH THE GREATEST TREAD DEPTH

WITHIN ANY FLIGHT OF STAIRS SHALL NOT EXCEED THE SMALLEST BY MORE THAN 3/8 INCH
15 ALL GYPSUM BOARD SHALL BE 5/B"THICK, UNLESS OTHERWISE NOTED 16 FOR ELECTRICAL FIXTURE AND OUTLET LOCATIONS, SEE MEP SERIES

17. CONTRACTOR TO VERIFY PROPERTY LINE PRIOR TO FOUNDATION FORMWORK /
/
/
+v,
,,_0/
~~~/
.:,-"'/
/
/
/
/
/
/
/
/
/
/
,,,-' /
99/
/
/

NO CHANGE

ROOF FRAM
TO(EJ
ING
DEMO{E) RO OFING FINISH
& WATERPR

MEMBRANE
OOF!NG
0 ~~~~E~.? ROOF FLOOR PLAN
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
I
/
/
/
/
/ ~/
/
/
/
/
/
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/
/
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/
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/
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/
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/
/
/
/
/
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/
/
/
/
/
/
/
/
/
/
/
r-- NO CHANGE TO (E)
' ROOF FRAMING
---~-DEMO (E) ROOFING FINISH
& WATERPROOFING

MEMBRANE
/
/
/
l /
I /
r /1
/ '
/
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o· 2· 4·
/
8'
/
/
N
'
0 ALEC PETROS

WILLIAM ALEC PETROS

ALEC PETROS STUDIO, INC
PO BOX 861
CARDIFF BY THE SEA, CA 92007
WWW.ALECPETROS.COM
lNFO@ALECPETROS_COM
+17604154019
ALLCRAWlliGSSHALL6EPROTECTEOIJUOER Tl€
COMMON LAW ~IGHT k¾'ti OTHER PROP€::rn'
RiGHT LAWS ORA WINGS 0€AS ANO 0€SlGN"-0
SHO',';NONT!-!ESEORA\WiGSARETi-lEEXClUSNE
PROPERTY OF Al.EC PETROS ST\JOIO me ANOWiU. t.oT & R8"ROOUCEOV,1THOUT THE WR!TT8< CONSENTOFALECPETROSSTl/DIO!NC ALL
UN.O.\JTHORJZEO USE OF THESE Pl.At$ OTHER THAN ~ THE SPEQP-,EOPKOJECT ND LO.O.TtOUS SHAU EE Pf<Of,i,1,ITEO ITTVIHOLEOR r; PART

MARK DATE DESCRIPTION

DEVELOPMENT REVIEW PERMIT
BDBRY

03.28.2023

EXISTING ROOF
PLAN
1(4":::: 1'-ff'
A1.3

PLAN LEGEND
EXISTING WALL TO REMAIN 2x4 FRAMING, U,O.N

HANDRAIL TO CODE

GUARDRAIL TO CODE

GENERAL NOTES

ALL DIMENSIONS ARE TO FACE OF STUD, UNLESS OTHERWISE NOTED

ALL GUARDRAILS AND HANDRAILS SHALL MEET MINIMUM REQUIREMENTS OF

THE CBC
3 HANDRAIL SHALL HAVE 1·1/4" • 2" GR!PABLE CROSS SECTION NO SHARP

CORNERS HANDRAIL SHALL EXTEND FROM TOP TO BOTTOM RISERS AND

TERMINATE AT NEWEL POSTS OR RETURN TO WALLS PER CBC
4 HANDRAILS SHALL BE PROVIDED ON AT LEAST ONE SIDE OF EACH STAIRWAY

WJTH FOUR OR MORE RISERS
5 HANDRAILS ANO EXTENSIONS SHALL BE 34" TO 38"' ABOVE NOSING OF TREADS

AND BE CONTINUOUS
6 THE HANDGRIP PORTION OF ALL HANDRAILS SHALL BE NOT LESS THAN 1-¼ INCHES NOR MORE THAN 2 INCHES !N CROSS-SECTIONAL DIMENSION SEE SECTION R311 7 8,3 FOR ALTERNATIVES
7 HANDRAILS PROJECTING FROM WALLS SHALL HAVE AT LEAST 1·½ INCHES

BETWEEN THE WALL AND THE HANDRAIL
8 ENDS OF HANDRAILS SHALL BE RETURNED OR SHALL HAVE ROUNDED

TERMINATIONS OR BENDS
9 GUARDRAILS SHALL BE INSTALLED ALONG OPEN-SIDED WALKING SURFACES THAT ARE LOCATED MORE THAN 30M ABOVE THE FLOOR OR GRADE BELOW 10 GUARDRAILS SHALL HAVE A HEIGHT OF 42'' {MAY BE 34" ALONG THE SIDES OF

STAIRS)
11 GUARDRAIL OPENINGS BETWEEN RAILINGS SHALL BE LESS THAN 4" THE

TRIANGULAR OPENINGS FORMED BY THE RISER, TREAD AND BOTTOM ELEMENT OF A GUARDRAIL AT A STAIR SHALL BE LESS THAN 6"
12 GUARDRAIL SHALL HAVE CAPABILITY TO RESIST A CONCENTRATED LOAD OF 200 POUNDS 1N ANY DIRECTION ALONG THE TOP RAIL
13 ALL STAIRS SHALL HAVE A MAXIMUM RISER NO MORE THAN 7•3/4" AND A MINIMUM TREAD DEPTH OF 10"
14 THE GREATEST RISER HEIGHT WITHIN ANY FLIGHT OF STAIRS SHALL NOT EXCEED THE SMALLEST BY MORE THAN 3/8 INCH THE GREATEST TREAD DEPTH

WITHIN ANY FLIGHT OF STAIRS SHALL NOT EXCEED THE SMALLEST BY MORE THAN 318 INCH
15 ALL GYPSUM BOARD SHALL BE 518" THICK, UNLESS OTHERWISE NOTED 16 FOR ELECTRICAL FIXTURE AND OUTLET LOCATIONS, SEE MEP SERIES

17. CONTRACTOR TO VERIFY PROPERTY LINE PRIOR TO FOUNDATION FORMWORK

FIRE CONDITIONS OF APPROVAL
1 ADDRESS NUMBERS STREET NUMBERS APPROVED NUMBERS AND/OR

ADDRESSES SHALL BE PLACED ON ALL NEWAND EXISTING BUILDINGS AND AT APPROPRIATE ADDITIONAL LOCATIONS AS TO BE PLA!Nl Y 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 A½" INCH STROKE WIDTH FOR RESIDENTIAL BUILDINGS, 8" HIGH WITH A½" STROKE FOR COMMERCIAL AND MULT!•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 PER THE 2022 CALIFORNIA FIRE CODE CHAPJER 5 SECTION 505 1 2 CLASS "A" ROOF: ALL STRUCTURES SHALL BE PROVIDED WITH A CLASS ·A· ROOF

COVERING TO THE SATISFACTION OF THE SOLANA BEACH FIRE DEPARTMENT AND PER THE 2022 CALIFORNIA BUILDING CODE CHAPTER 15 SECTION 1505

LIGHTING NOTES
1 REPLACE All EXTERIOR LIGHT FIXTURES EXISTING SWITCHES TO REMAIN GENERAL TITLE 24 LIGHTING NOTES
1 ALL INSTALLED LUM!NA!RES SHALL BE HIGH-EFFICACY !N ACCORDANCE WITH TABLE 150 0-A
2 THE LUMlNAIRES REQUIRED TO HAVE LIGHT SOURCES COMPLIANT WITH REFERENCE JOINT APPENDIX JA5 SHALL BE CONTROLLED BY DIMMERS OR

VACANCY SENSORS
3 KITCHEN AT LEAST 50% OF INSTALLED LIGHTING LUM!NAIRE WATTAGE Will BE OF H!GH EFFICACY AND Will BE SWITCHED SEPARATELY FROM NON H!GH

EFFICACY LIGHTING
4 IN BATHROOM, GARAGE, LAUNDRY ROOMS, AND UTILITY ROOMS, AT LEAST ONE LUM!NAIRE IN EACH OF THESE SPACES SHALL BE CONTROLLED BY A VACANCY SENSOR
5 OTHER ROOMS· BEDROOMS, HALLWAYS, STAIRS, D!N!NG ROOMS AND CENTERLINEOSETS LARGER THAN 70 SQUARE FEET All LIGHTING WILL BE HIGH

EFFICACY OR CONTROLLED BY A DIMMERS SWITCH OR A CERTIFIED OCCUPANT SENSOR WTH MANUAL.ON MOTION SENSOR WHICH WILL NOT HAVE AN "ALWAYS-ON" OPTION
6 RECESSED LUMINAJRES IN INSULATED CEILINGS ALL LUM!NAlRES INSTALLED !N

INSULATED CEILINGS SHALL BE APPROVED FOR ZERO-CENTERUNEEARANCE

INSULATION COVER AND BE CERTIFIED AS AIR TIGHT
7 OUTDOOR LIGHTING ALL OUTDOOR LIGHTING SHALL BE HIGH EFFICACY OR

CONTROLLED BY CERTIFIED MOTION SENSORS AND PHOTO SENSORS UNLESS IT JS LANDSCAPE LIGHTING AND NOT ATTACHED TO BUILDINGS, OR IS !NOR

AROUND SWIMMING POOLS OR WATER FEATURES
8 AT LEAST ONE RECEPTACENTERLINEE OUTLET INSTALLED W!TH!N THE PERMITERE OF THE BALCONY, DECK OR PORCH, NO MORE THAN 6 1/Z' ABOVE THE BALCONY. DECK OR PORCH SURFACE VERIFY LOCATION AND OUTLET TYPE W!TH ARCH !TECT
9 OUTDOOR LIGHTINGS SHALL BE CONTROLLED BY PHOTOCELL AND MOTION SENSOR
/
/
/
NO CHANGE TO jE) FRAMING
/
/
/
/
/
/

REPLACEMENT WINDOW

UNIT NO CHANGE TO (E)
FRAM!NG----------tl
0 ~~R~?,~_ED FIRST FLOOR PLAN

REPLACEMENT DOOR

UNIT NO CHANGE TO (E)

FRAMING
/
//~,~:: /------------- ------- - - -------- ---- --- !
/ / '============:! j
GARAGE
/
/
/

STORAGE
RECrD\/EHCl£1>ARoQNG
!!-O'"XW-C" REQ'Ori-~;'.;~~RK;W;
2e ///
BATH2
(E) HVAC TO
REMAIN
BEDROOM 2

REPLACEMENT DOOR
UN!T NO CHANGE TO {El
FRAM!NG
,--------••-1
/
LJ
BATH 1
BEDROOM 1
/
/
/
/
/
/
/
/
/
/

REPLACEMENT DOOR

UNIT NO CHANGE TO (E)

FRAMING--------'
/
/
/ ~'<,,
/ r.J·"' /~¢'<)~
/ .fi'"' / 1v"' / 9'0
/
/
/
/
/
/
/
/
/
/
WORK RM 1
:

I
:
[
1/
/
/
/
/
/
/
/
/
/
---/ 1 // / ' / / : / ---------- 7-----------" /
//>/ "'·o. / / / /
/
ff
/
/
2'
/
N
,. 8' 0

ALEC PETROS

WILLIAM ALEC PETROS
ALEC PETROS STUDIO, !NC
PO BOX 861
CARDIFF BY THE SEA, CA 92007
WWW.ALECPETROS_COM
INFO@ALECPETROS COM
+-17604154019

MARK DATE DESCRIPTION
DEVELOPMENT REVlEW PERMIT
BDBRY
0328_2023

PROPOSED

FLOOR PLANS
A2.1

PLAN LEGEND
~
EXISTING WALL TO REMAIN , 2x4 FRAMING, U.O.N

HANDRAIL TO CODE

GUARDRAIL TO CODE

GENERAL NOTES

ALL DIMENSIONS ARE TO FACE OF STUD, UNLESS OTHERWISE NOTED

ALL GUARDRAILS AND HANDRAILS SHALL MEET MINIMUM REQUIREMENTS OF

THE CBC
3 HANDRAIL SHALL HAVE M/4" • 2" GRIPABLE CROSS SECTION, NO SHARP CORNERS. HANDRAIL SHALL EXTEND FROM TOP TO BOTTOM RISERS AND

TERMINATE AT NEWEL POSTS OR RETURN TO WALLS PER CBC
4 HANDRAILS SHALL BE PROVIDED ON AT LEAST ONE SIDE OF EACH STAIRWAY

WITH FOUR OR MORE RISERS
5 HANDRAILS AND EXTENSIONS SHALL BE 34" TO 38" ABOVE NOSING OF TREADS

AND BE CONTINUOUS
6 THE HANDGR!P PORTION OF ALL HANDRAILS SHALL BE NOT LESS THAN 1-¼ INCHES NOR MORE THAN 2 INCHES IN CROSS-SECTIONAL DIMENSION. SEE SECTION R311.7.8.3 FOR ALTERNATIVES

7. HANDRAILS PROJECTING FROM WALLS SHALL HAVE AT LEAST 1-½ INCHES

BETWEEN THE WALL AND THE HANDRAIL
8 ENDS OF HANDRAILS SHALL BE RETURNED OR SHALL HAVE ROUNDED

TERMINATIONS OR BENDS
9 GUARDRAILS SHALL BE INSTALLED ALONG OPEN•SlDED WALKING SURFACES THAT ARE LOCATED MORE THAN 30" ABOVE THE FLOOR OR GRADE BELOW

10. GUARDRAILS SHALL HAVE A HEIGHT OF 42~ (MAY BE 34" ALONG THE SIDES OF STAIRS).

11. GUARDRAIL OPENINGS BETWEEN RAILINGS SHALL BE LESS THAN 4". THE

TRIANGULAR OPENINGS FORMED BY THE RISER, TREAD AND BOTTOM ELEMENT OF A GUARDRAIL AT A STAIR SHALL BE LESS THAN 6''

12. GUARDRAIL SHALL HAVE CAPABILITY TO RESIST A CONCENTRATED LOAD OF 200

POUNDS IN ANY DIRECTION ALONG THE TOP RAIL
13 All STAIRS SHALL HAVE A MAXIMUM RISER NO MORE THAN 7-3/4" AND A MINIMUM TREAD DEPTH OF 10"
14 THE GREATEST RISER HEIGHT WITHIN ANY FLIGHT OF STAIRS SHALL NOT EXCEED THE SMALLEST BY MORE THAN 3/8 JNCH. THE GREATEST TREAD DEPTH

WITHIN ANY FLIGHT OF STAIRS SHALL NOT EXCEED THE SMALLEST BY MORE THAN 3/8 INCH.
15 ALL GYPSUM BOARD SHALL BE 5/8" THICK, UNLESS OTHERWISE NOTED 16 FOR ELECTRICAL FIXTURE AND OUTLET LOCATIONS, SEE MEP SERIES

17. CONTRACTOR TO VERIFY PROPERTY LINE PRIOR TO FOUNDATION FORMWORK

FIRE CONDITIONS OF APPROVAL
1 ADDRESS NUMBERS: STREET NUMBERS: APPROVED NUMBERS ANO/OR

ADDRESSES SHALL BE PLACED ON ALL NEW AND EXISTING BUILDINGS AND AT APPROPRIATE ADDITIONAL LOCATIONS AS TO BE PLAINLY VlS!BLEAND 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 A½' INCH STROKE WIDTH FOR RESIDENTIAL BUILDINGS, 8" HIGH W1TH A½" 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 PER THE 2022 CALIFORNIA FIRE CODE CHAPTER 5 SECTION 505.1 2 CLASS "A" ROOF: ALL STRUCTURES SHALL BE PROVIDED WITH A CLASS "A" ROOF

COVERING TO THE SATISFACTION OF THE SOLANA BEACH FIRE DEPARTMENT AND PER THE 2022 CALIFORNIA BUILDING CODE CHAPTER 15 SECTION 1505

LIGHTING NOTES
1 REPLACE ALL EXTERIOR LIGHT FIXTURES EXISTING SWITCHES TO REMAIN GENERAL TITLE 24 LIGHTING NOTES
1 ALL INSTALLED LUMINAIRES SHALL BE HIGH-EFFICACY IN ACCORDANCE WITH TABLE 150.0-A
2 THE LUMINAIRES REQUIRED TO HAVE LIGHT SOURCES COMPLIANT WITH

REFERENCE JOINT APPENDIX JAB SHALL BE CONTROLLED BY DIMMERS OR

VACANCY SENSORS
3 KITCHEN AT LEAST 50% OF INSTALLED LIGHTING LUM!NA!RE WATTAGE WILL BE

OF HIGH EFFICACY AND WILL BE SWITCHED SEPARATELY FROM NON HIGH

EFFICACY LIGHTING
4 IN BATHROOM, GARAGE, LAUNDRY ROOMS, AND UTILITY ROOMS, AT LEAST ONE LUM!NAIRE IN EACH OF THESE SPACES SHALL BE CONTROLLED BY A VACANCY SENSOR
5 OTHER ROOMS- BEDROOMS, HALLWAYS, STAIRS, DINING ROOMS AND CENTERUNEOSETS LARGER THAN 70 SQUARE FEET:ALL LIGHTING WILL BE HIGH

EFFICACY OR CONTROLLED BY A DIMMERS SWITCH OR A CERTIFIED OCCUPANT

SENSOR WTH MANUAL-ON MOTION SENSOR WHICH WILL NOT HAVE AN "ALWAYS-ON'' OPTION
6 RECESSED LUM!NA!RES IN INSULATED CEILINGS: ALL LUMlNAIRES INSTALLED IN

INSULATED CEILINGS SHALL BE APPROVED FOR ZERO-CENTERLINEEARANCE

INSULATION COVER ANO BE CERTIFIED AS AIR TIGHT
7 OUTDOOR LIGHTING ALL OUTDOOR LIGHTING SHALL BE HIGH EFFICACY OR

CONTROLLED BY CERTIFIED MOTION SENSORS AND PHOTO SENSORS UNLESS IT

IS LANDSCAPE LIGHTING AND NOT ATTACHED TO BUILDINGS, OR IS IN OR

AROUND SWIMMING POOLS OR WATER FEATURES
8 AT LEAST ONE RECEPTACENTERLINEE OUTLET !NSTALLEDWITH!N THE PERMITERE OF THE BALCONY, DECK OR PORCH, NO MORE THAN 6 1/2'" ABOVE THE BALCONY, DECK OR PORCH SURFACE. VERIFY LOCATION AND OUTLET TYPE

WITH ARCHITECT
9 OUTDOOR LIGHTINGS SHALL BE CONTROLLED BY PHOTOCELL AND MOTION SENSOR
/
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(E) EXTERIOR WALL BELOW 7
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0 ALEC PETROS

WILLIAM ALEC PETROS

ALEC PETROS STUDIO, INC
PO BOX 861
CARDIFF BY THE SEA, CA 92007
WWW.ALECPETROS,COM
[email protected]
+1760415 4019
Af.LORA'i\1NGSSHA!.LBEPROTECTEDUNOERTHE
COMMONV,W COPYHtGHT NIO OTHS< PROPERTY
RtGHTV,.ViS ORAWII/GS !O"._AS ANOC€SIGJ-,\S)
SHOWN ON THESE ORAW\l<GS AAE TrlEEXCLVSNE
PROPERTY OF I\LEC PaROSSTUO!O INC AU0W11..L
NOT SE REPRODUCED V.1THOUT TrlE YflttTTEN CONSENT OF ALEC PaROSSTl!Oto !l.'C /\LL UNAJJTi-lOR!ZEDUSE OF THESE PV,NS OTHER nwi FOH TI-IE SPSCIA€0 P1'!0JECT Nill LOATIONSSHA\.L BE l'ROKiSITEO h'l V'iHOlE OR IN PART

MARK DATE DESCRIPTION

DEVELOPMENT REVIEW PERMIT
BDBRY

03.28.2023

PROPOSED

FLOOR PLAN
1/4"= 1'-0"'
A2.2

PLAN LEGEND
~
~1:1,..--------.,
EXISTING WALL TO REMAIN 2x4 FRAMING, U O.N

HANDRAIL TO CODE

GUARDRAIL TO CODE

GENERAL NOTES
All DIMENSIONS ARE TO FACE OF STUD, UNLESS OTHERWISE NOTED

ALL GUARDRAILS AND HANDRAILS SHALL MEET MINIMUM REQUIREMENTS OF

THE CBC
3 HANDRAIL SHALL HAVE 1-1/4~ • 2~ GR!PABLE CROSS SECTION NO SHARP CORNERS. HANDRAIL SHALL EXTEND FROM TOP TO BOTTOM RISERS AND

TERMINATE AT NEWEL POSTS OR RETURN TO WALLS PER CBC
4 HANDRAILS SHALL BE PROVIDED ON AT LEAST ONE SIDE OF EACH STAIRWAY

WITH FOUR OR MORE RISERS
5 HANDRAILS AND EXTENSIONS SHALL BE 34'' TO 38~ ABOVE NOSING OF TREADS

AND BE CONTINUOUS
6 THE HANOGRJP PORTION OF ALL HANDRAILS SHALL BE NOT LESS THAN 1-¼ INCHES NOR MORE THAN 2 INCHES IN CROSS-SECTIONAL DIMENSION SEE SECTION R311-7 8 3 FOR ALTERNATIVES
7 HANDRAILS PROJECTING FROM WALLS SHALL HAVE AT LEAST 1-½ INCHES

BETWEEN THE WALL AND THE HANDRAIL
8 ENDS OF HANDRAILS SHALL BE RETURNED OR SHALL HAVE ROUNDED

STAIRS)
11 GUARDRAIL OPENINGS BETWEEN RAILINGS SHALL BE LESS THAN 4". THE

TRIANGULAR OPENINGS FORMED BY THE RISER, TREAD AND BOTTOM ELEMENT OF A GUARDRAIL AT A STAIR SHALL BE LESS THAN 6"
12 GUARDRAIL SHALL HAVE CAPABILITY TO RESIST A CONCENTRATED LOAD OF 200 POUNDS IN ANY D!RECT!ON ALONG THE TOP RAIL
13 All STAIRS SHALL HAVE A MAXIMUM RISER NO MORE THAN 7-3/4" AND A MINIMUM TREAD DEPTH OF 10"
14 THE GREATEST RISER HEIGHT WITHIN ANY FLIGHT OF STAIRS SHALL NOT EXCEED THE SMALLEST BY MORE THAN 3/8 JNCH THE GREATEST TREAD DEPTH

WITHIN ANY FLIGHT OF STAIRS SHALL NOT EXCEED THE SMALLEST BY MORE THAN 3/8 INCH

15. All GYPSUM BOARD SHALL BE 5!8" THICK, UNLESS OTHERWISE NOTED 16 FOR ELECTRICAL FIXTURE AND OUTLET LOCATIONS, SEE MEP SERIES 17 CONTRACTOR TO VERIFY PROPERTY LINE PRIOR TO FOUNDATION FORMWORK

FIRE CONDITIONS OF APPROVAL
1 ADDRESS NUMBERS STREET NUMBERS APPROVED NUMBERS AND/OR ADDRESSES SHALL BE PLACED ON ALL NEWAND EXIST!NG 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 A½" INCH STROKE WIDTH FOR RESIDENTIAL BUILDINGS, 8" HIGH WITH A½" STROKE FOR COMMERCIAL AND MULTI-FAMILY RESIDENTIAL BUILDINGS, 12" HIGH WITH A 1" STROKE FOR INDUSTRIAL BUILDINGS ADD1T!ONAL NUMBERS

SHALL BE REQUIRED WHERE DEEMED NECESSARY BY THE FIRE MARSHAL, SUCH

AS REAR ACCESS DOORS, BUILDING CORNERS, AND ENTRANCES TO COMMERCIAL CENTERS PER THE 2022 CALIFORNIA FIRE CODE CHAPTER 5 SECTION 505 1 2 CLASS "A" ROOF:ALL STRUCTURES SHALL BE PROVIDED WITH A CLASS "A' ROOF

COVERING TO THE SATISFACTION OF THE SOLANA BEACH FIRE DEPARTMENT ANO PER THE 2022 CALIFORNIA BUILDING CODE CHAPTER 15 SECTION 1505

LIGHTING NOTES
1 REPLACE All EXTERIOR LIGHT FIXTURES EXISTING SWITCHES TO REMAIN GENERAL TITLE 24 LIGHTING NOTES
1 ALL INSTALLED LUM!NAlRES SHALL BE HIGH-EFFICACY IN ACCORDANCE WITH TABLE 150 O·A
2 THE LUM!NA!RES REQUIRED TO HAVE LIGHT SOURCES COMPLIANT WITH

REFERENCE JOINT APPENDIX JAB SHALL BE CONTROLLED BY DIMMERS OR

VACANCY SENSORS
3 KITCHEN AT LEAST 50% OF INSTALLED LIGHTING LUM!NAIRE WATTAGE WILL BE

OF HIGH EFFICACY AND WILL BE SWITCHED SEPARATELY FROM NON HIGH

EFFICACY LIGHTING
4 IN BATHROOM, GARAGE, LAUNDRY ROOMS, AND UTILITY ROOMS, AT LEAST ONE LUMINAlRE IN EACH OF THESE SPACES SHALL BE CONTROLLED BY A VACANCY SENSOR
5 OTHER ROOMS
- BEDROOMS. HALLWAYS, STAIRS, DINING ROOMS ANO
CENTERLINEOSETS LARGER THAN 70 SQUARE FEET ALL LIGHTING Will BE H!GH EFFICACY OR CONTROLLED BY A DIMMERS SW!iCH OR A CERTIFIED OCCUPANT

SENSOR WTH MANUAL-ON MOTION SENSOR WHICH WILL NOT HAVE AN "ALWAYS•ON" OPTION
6 RECESSED LUM!NAIRES IN INSULATED CEILINGS All LUM!NAlRES INSTALLED !N INSULATED CEILINGS SHALL BE APPROVED FOR ZERO·CENTERUNEEARANCE

INSULATION COVER AND BE CERTIFIED AS AIR TIGHT
7 OUTDOOR LIGHTING ALL OUTDOOR LIGHTING SHALL BE HIGH EFFICACY OR CONTROLLED SY CERTIFIED MOT!ON SENSORS AND PHOTO SENSORS UNLESS !T IS LANDSCAPE LIGHTING AND NOT ATTACHED TO BUILDINGS, OR lS IN OR

AROUND SWIMMING POOLS OR WATER FEATURES
8 AT LEAST ONE RECEPTACENTERLINEE OUTLET !NSTALLEDWITH!N THE PERMITERE OF THE BALCONY. DECK OR PORCH, NO MORE THAN 6 11r ABOVE

THE BALCONY, DECK OR PORCH SURFACE VERIFY LOCATION AND OUTLET TYPE

WITH ARCHITECT
9 OUTDOOR LIGHTINGS SHALL BE CONTROLLED BY PHOTOCELL ANO MOTION SENSOR
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NO CHA NGETO (E)

ROOF F RAMING

EMENT ROOFING
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REPLAC

FINISH &
MEMBR

WATERPROOFING
ANE
REPLAC
BOARD

EMENT FACIA
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- REPLACEMENT FACIA
BOARD
-----NO CHANGE TO (El

ROOF FRAMING
-----REPLACEMENT ROOFING
F!N!SH & WATERPROOFING

MEMBRANE
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N
"
0 ALEC PETROS

WILLIAM ALEC PETROS

ALEC PETROS STUDIO, INC
PO BOX 861
CARDIFF BY THE SEA, CA 92007
WWW.ALECPETROS,COM
INFO@ALECPETROS_COM
+1760415 4019

MARK DATE DESCRIPTION

DEVELOPMENT REVIEW PERMIT
BOSRY
03 28 2023

PROPOSED ROOF
PLAN
1/4"=1'-!Y'
A2.3
"r6 ~
:,:

Cl
w
:,:
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Cl
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I I I I \ I I
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I I I I \ I I
I I I I \ I I I
I 11 I \ I I I I \ I I
L ii! it
~ EXISTING NORTH ELEVATION V SCALE 1/4" = 1'-0"
0 ~~P,~?,~ED NORTH ELEVATION
I \ I
I
I
I
I
I
L
11 \ 11 \ 11 \
\ 11 \ 11 \ 11 \ I I \ \ I I ..LL

DEMO (E) GARAGE DOORS

REPLACEMENT GARAGE DOORS IN

SAME OPENING NO CHANGE TO (E)

FRAMING
rr
11 I"' ~· ~~, , ,,, ,,, ~·

REPLACEMENT DOOR JN SAME
OPENING. NO CHANGE TO {E)

FRAMING
I

DEMO (E) WINDOW UNITS
DEMO (E) SIDING & TR!M
j

NO CHANGE TO (E) GRADE
~------------REPLACEMENT FACIA BOARD
-------------REPLACEMENT WINDOWS IN SAME

OPENING NO CHANGE TO (E)

FRAMING
--t------------REPLACEMENT SIDING !N SAME

LOCATION
--------+------------REPLACEMENT LIGHT FIXTURE, TYP
' '
□ ~------NO CHANGE TO (E) GRADE

ALEC PETROS

WILLIAM ALEC PETROS
ALEC PETROS STUDIO, !NC
PO BOX 861
CARDIFF BY THE SEA, CA 92007
WWW.ALECPETROS.COM
[email protected]
+1 760 415 4019
-'LL ORAVN.0S SHALL BE PROTECTED UNDER THE
COMMON LAW COPYRIGHT Ak:) OTHER PROl"ERTY
~~~t:5n~:tl~!,~~wtJt~~~E PROPERTY OF ALEC PETROS STU::XO me ANO V6Ll.

NOT SE REPROOl.!Ci::D V.1THOVT THE WRITTEN
~~~~~~ff~~~~~~~T;;AN FOR THE SPEClFl"'-l)PROJECT ANO LOATK:,11S SHAU.

SE PROHMEO!NVl1-!0t..E OR !rl PART

MARK DATE DESCRIPTION

DEVELOPMENT REVIEW PERMIT
BDBRY

03.28.2023

EXISTING &

PROPOSED

BUILDING

ELEVATIONS
1/4"= 1'·0"
A3.1
DEMO (E)SID!NG& TRIM------------------
DEMO {E) SIDING & TRIM---------
-,,-,r-1r-7r-,r-,r-7r-7
II II 11 II II 11 11 11 I
II II 11 II II II II 11 I
I II II II 11 11 II II 11 I
11 II II II 11 11 II II 11 I
NO CHANGE TO IE) GRADE J ...... ____________ ~ ____ .......;_....;. __ ;_;__ _______ ....;.--;:=L=_-:.:_=...J=_=L=_-:.:_=...J=_:::L_:_:_:::...J:_:.:L_:_:_:::-:...:L:_:_:_:-:..:L:_:-:..=-:..=L=_=-:..=...J=_=L=_=-:..=-'=_=':...=-=-=~~l'.___ ___________ _ --------
0 ~~~~J.I~_? EAST ELEVATION

REPLACEMENT WINDOWS

IN SAME OPENING NO
-
----------C-H-ANGE TO (E) FRAMING 7 REPLACEMENT FACIA BOARD

REPLACEMENT SIDING

IN SAME LOCATION----------
NO CHANGE TO (El GRADE

REPLACEMENT SIDING
!N SAME LOCATION-------'

ALEC PETROS
W!LllAM ALEC PETROS

ALEC PETROS STUDIO, INC
PO BOX 861
CARDIFF BY THE SEA, CA 92007
WWW.ALECPETROS.COM
[email protected]
+1760415 4019

MARK DATE DESCRIPTION

DEVELOPMENT REVIEW PERMIT
BDBRY
03 28 2023

EXISTING &

PROPOSED

BUILDING

ELEVATIONS
1/4"=-1'•0"
A3.2
b
ii
0 ii
DEMO {E) WINDOW
,~
"
...
r
r
@
w 1::1~~~1~::1~~~ll.:r1i~~1r1:.J I II II II II : c;_-_-_J : 11 . ii DD.. II . II □_] I
g L:-_JL __ JL __ JL __ JL=..., I I F"=-_JL_:_jL_:_jL.......JL __ J :: w I I " ]]]J[i !][[[[] z
<(
r
u
0 z
-------------- ~1 Ii,- --------------··

DEMO (E) SIDING & TRIM I I
I I
- ._L I ·---- - -·
NO CHANGE TO (E) GRADE_J
0 EXISTING SOUTH ELEVATION SCALE 1/4" = 1"·0"

REPLACEMENT
FAC!A BOARD
...
r
" w DD r
@
:: g
w
" z <(
r
u
REPLACEMENT WINDOWS 0
z IN SAME OPENING NO

CHANGE TO (E) FRAMING
REPLACEMENT SlO!NG

IN SAME LOCATION
NO CHANGE TO (El GRADE
r0,
~ PROPOSED SOUTH ELEVATION SCALE 1/4"=1'-0"
~
-----

REPLACEMENT DOOR IN

SAME OPENING NO
CHANGE TO (El FRAMING

ALEC PETROS

WILLIAM ALEC PETROS

ALEC PETROS STUDIO, INC
PO BOX 861
CARDIFF BY THE SEA, CA 92007
WWW.ALECPETROS.COM
INFO@ALECPETROS_COM
+1760415 4019

MARK DATE DESCRIPTION

DEVELOPMENT REVIEW PERMIT
BDBRY

03.28.2023

EXISTING &

PROPOSED

BUILDING

ELEVATIONS
1/4"= 1'-0"
A3.3
0 ~~R~?,~"ED WEST ELEVATION
--------DEMO (E) S1D!NG & TRIM
------------DEMO (E) DOOR

NO CHANGE TO (E) GRADE
--------REPLACEMENT SIDING IN

SAME LOCATION
-+---------------REPLACEMENT WINDOWS

IN SAME OPENING NO

CHANGE TO (E) FRAMING
------------REPLACEMENT UGHT

FIXTURE
------------REPLACEMENT DOOR IN

SAME OPENING NO

CHANGE TO (E) FRAMING

NO CHANGE TO (E) GRADE

ALEC PETROS
W!LUAM ALEC PETROS

ALEC PETROS STUDIO, INC
PO BOX 861
CARDIFF BY THE SEA, CA 92007
WWW.ALECPETROS.COM
!NFO@ALECPETROS COM
+1760415 4019
MARK DATE DESCR!PT!ON

DEVELOPMENT REVIEW PERMIT
BOBRY
03 28 2023

EXISTING &

PROPOSED

BUILDING

ELEVATIONS
A3.4
CITY COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # B.4.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: June 14, 2023 (continued hearing from 5/24/2023) ORIGINATING DEPT: Community Development Department
SUBJECT: Public Hearing: Request for Development Review Permit and Structure Development Permit for a Replacement TwoStory Single-Family Residence with a Basement and Attached Two-Car Garage and Associated Site
Improvements at 228 North Helix Avenue (Case #: DRP22-
013, SDP22-011; Applicant: Ryan Bowers; APN: 263-321-
21-00; Resolution No. 2023-064)
BACKGROUND:

The item was continued from the May 24, 2023, City Council Hearing to allow the Applicant to address view claims filed by the neighbors. The Applicant, Ryan Bowers, is requesting City Council approval of a Development Review Permit (DRP) and Structure Development Permit (SDP) to demolish a single-story, single-family residence and construct a replacement two-story, single-family residence with a basement and an attached garage and perform associated site improvements. The 4,491 square-foot lot is located at 228 North Helix Avenue and is within the Medium Residential (MR) Zone and the Scaled Residential Overlay Zone (SROZ).

The Applicant proposes to construct a 2,136 square-foot residence with a 1,593 squarefoot fully subterranean basement and an attached 454 square-foot garage. The proposed development includes grading in the amount of 1,060 cubic yards (CY) aggregate. The tallest point of the proposed residence would be 25 feet above the proposed grade and the highest point of the structure would not exceed 86.11 feet above Mean Sea Level (MSL). The building height is currently proposed to be reduced as discussed in the Structure Development Permit section of this Staff Report. The project requires a DRP for three reasons: 1) a structure that exceeds 60 percent of the maximum allowable floor area; 2) a second floor that exceeds 35 percent of the first-floor area; and 3) aggregate grading in excess of 100 CY. The project requires an SDP because the proposed development exceeds 16 feet in height above existing grade.

June 14, 2023
DRP22-013, SDP22-011
Bowers – 228 N Helix Ave

Page 2 of 17 ends

Solana Beach City CouncilJune 14, 2023

Solana Beach City Council
June 14, 2023