Agenda packet — Solana Beach City Council, September 27, 2023 (part 1 of 2)

Solana Beach City Council Regular Meeting Agenda September 27, 2023 Page 1 of 8 AGENDA
Joint REGULAR Meeting
Wednesday, September 27, 2023 * 6:00 p.m.

City Hall / Council Chambers, 635 S. Highway 101, Solana Beach, California ➢ City Council meetings are video recorded and archived as a permanent record. The video recording captures the complete proceedings of the meeting and is available for viewing on the City's website. ➢ Posted Reports & Supplemental Docs contain records up to the cut off time prior to meetings for processing new submittals. Complete records containing meeting handouts, PowerPoints, etc. can be obtained through a Records Request.

PUBLIC MEETING ACCESS
The Regular Meetings of the City Council are scheduled for the 2nd and 4th Wednesdays and are broadcast live. The video taping of meetings are maintained as a permanent record and contain a detailed account of the proceedings. Council meeting tapings are archived and available for viewing on the City’s Public Meetings webpage.

WATCH THE MEETING
• Live web-streaming: Meetings web-stream live on the City’s website on the City’s Public Meetings webpage.

Find the large Live Meeting button.
• Live Broadcast on Local Govt. Channel: Meetings are broadcast live on Cox Communications - Channel 19 / Spectrum (Time Warner)-Channel 24 / AT&T U-verse Channel 99. • Archived videos online: The video taping of meetings are maintained as a permanent record and contain a detailed account of the proceedings. Council meeting tapings are archived and available for viewing on the City’s Public Meetings webpage.

AGENDA MATERIALS
A full City Council agenda packet including relative supporting documentation is available at City Hall, the Solana Beach Branch Library (157 Stevens Ave.), La Colonia Community Ctr., and online www.cityofsolanabeach.org. Agendas are posted at least 72 hours prior to regular meetings and at least 24 hours prior to special meetings. Writings and documents regarding an agenda of an open session meeting, received after the official posting, and distributed to the Council for consideration, will be made available for public viewing at the same time. In addition, items received at least 1 hour 30 minutes prior to the meeting time will be uploaded online with the agenda posting. Materials submitted for consideration should be forwarded to the City Clerk’s Department 858-720-2400. The designated location for viewing of hard copies is the City Clerk’s office at City Hall during normal business hours.

PUBLIC COMMENTS
Written correspondence (supplemental items) regarding an agenda item at an open session meeting should be submitted to the City Clerk’s Office at [email protected] with a) Subject line to include the meeting date b) Include the Agenda Item # as listed on the Agenda. o Correspondence received after the official posting of the agenda, but two hours prior to the meeting start time, on the meeting day, will be distributed to Council and made available online along with the agenda posting. All submittals received before the start of the meeting will be made part of the record. o Written submittals will be added to the record and not read out loud.

And/Or
Verbal Comment Participation:

Please submit a speaker slip to the City Clerk prior to the meeting, or the announcement of the Section/Item, to provide public comment. Allotted times for speaking are outlined on the speaker’s slip for each agenda section: Oral Communications, Consent, Public Hearings and Staff Reports.

Public speakers have 3 minutes each to speak on each topic. Time may be donated by another individual

CITY OF SOLANA BEACH

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

PUBLIC FINANCING AUTHORITY, & HOUSING AUTHORITY
Solana Beach City Council Regular Meeting Agenda September 27, 2023 Page 2 of 8 who is present at the meeting to allow an individual up to 6 minutes to speak. Group: Time may be donated by two individuals who are present at the meeting allowing an individual up to 10 minutes to speak. Group Hearings: For public hearings only, time may be donated by two individuals who are present at the meeting allowing an individual up to 15 minutes to speak.

SPECIAL ASSISTANCE NEEDED
In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Section 202. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s office (858) 720-2400 at least 72 hours prior to the meeting.

As a courtesy to all meeting attendees, please set all electronic devices to silent mode and engage in conversations outside the Council Chambers.

CITY COUNCILMEMBERS
Lesa Heebner
Mayor
David A. Zito
Councilmember District 1
Jewel Edson
Councilmember District 3
Kristi Becker
Councilmember District 2
Jill MacDonald
Councilmember District 4
Gregory Wade
City Manager
Johanna Canlas
City Attorney
Angela Ivey
City Clerk
SPEAKERS:

Please submit your speaker slip to the City Clerk prior to the meeting or the announcement of the Item. Allotted times for speaking are outlined on the speaker’s slip for Oral Communications, Consent, Public Hearings and Staff Reports.

READING OF ORDINANCES AND RESOLUTIONS:

Pursuant to Solana Beach Municipal Code Section 2.04.460, at the time of introduction or adoption of an ordinance or adoption of a resolution, the same shall not be read in full unless after the reading of the title, further reading is requested by a member of the Council. If any Councilmember so requests, the ordinance or resolution shall be read in full. In the absence of such a request, this section shall constitute a waiver by the council of such reading.

CALL TO ORDER AND ROLL CALL:

CLOSED SESSION REPORT:

FLAG SALUTE:

APPROVAL OF AGENDA:

PROCLAMATIONS/CERTIFICATES: Ceremonial
None at the posting of this agenda
PRESENTATIONS: Ceremonial items that do not contain in-depth discussion and no action/direction.

None at the posting of this agenda
ORAL COMMUNICATIONS:

Solana Beach City Council Regular Meeting Agenda September 27, 2023 Page 3 of 8 Comments relating to items on this evening’s agenda are taken at the time the items are heard. This portion of the agenda provides an opportunity for members of the public to address the City Council on items relating to City business and not appearing on today’s agenda by submitting a speaker slip (located on the back table) to the City Clerk. Pursuant to the Brown Act, no action shall be taken by the City Council on public comment items. Council may refer items to the City Manager for placement on a future agenda. The maximum time allotted for each presentation is THREE MINUTES. No donations of time are permitted (SBMC 2.04.190). Please be aware of the timer light on the Council Dais.

COUNCIL COMMUNITY ANNOUNCEMENTS / COMMENTARY:

An opportunity for City Council to make brief announcements or report on their activities. These items are not agendized for official City business with no action or substantive discussion.

A. CONSENT CALENDAR: (Action Items) (A.1. - A.5.)
Items listed on the Consent Calendar are to be acted in a single action of the City Council unless pulled for discussion. Any member of the public may address the City Council on an item of concern by submitting to the City Clerk a speaker slip (located on the back table) before the Consent Calendar is addressed. Those items removed from the Consent Calendar by a member of the Council will be trailed to the end of the agenda, while Consent Calendar items removed by the public will be heard immediately after approval of the Consent Calendar to hear the public speaker.

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

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

A.1. Minutes of the City Council.

Recommendation: That the City Council

1. Approve the Minutes of the City Council meetings held on February 7, 2023 and August 23, 2023.

Item A.1. Report (click here)
A.2. Register Of Demands. (File 0300-30)
Recommendation: That the City Council

1. Ratify the list of demands for August 05, 2023 – August 25, 2023.

Item A.2. Report (click here)
A.3. General Fund Adopted Budget for Fiscal Year 2023/2024 Changes. (File 0330-30) Recommendation: That the City Council

1. Receive the report listing changes made to the Fiscal Year 2023-202024 General Fund Adopted Budget.

Item A.3. Report (click here)
Solana Beach City Council Regular Meeting Agenda September 27, 2023 Page 4 of 8 A.4. Alert & Warning System Agreement. (File 0240-60)
Recommendation: That the City Council

1. Approve Resolution 2023-110:
a. Approving the Alert & Warning Memorandum of Agreement between the County of San Diego and the City of Solana Beach.
b. Authorizing the City Manager to execute the Memorandum of Agreement on behalf of the City of Solana Beach.

Item A.4. Report (click here)
A.5. State Homeland Security Program 2022 Grant Funds. (File 0240-60) Recommendation: That the City Council

1. Approve Resolution 2023-109:
a. Accepting $11,200 in federal funds from a 2022 State Homeland Security Program (SHSP) grant awarded to the City of Solana Beach for the purchase of structural firefighting turnouts.
b. Authorizing the City Manager, or his designee, to sign and submit the required California Governor's Office of Emergency Services Fiscal Year (FY) 2022 Standard Assurances for Cal OES Federal Non-Disaster Grant Programs. c. Approving a budget amendment of $11,200 to the Federal Grant revenue account and the Minor Equipment expenditure account for the Fire Department both in the Public Safety Special Revenue fund.
d. Authorizing the City Treasurer to amend the FY 2023/24 Adopted Budget accordingly.

Item A.5. Report (click here)
NOTE: The City Council shall not begin a new agenda item after 10:30 p.m. unless approved by a unanimous vote of all members present. (SBMC 2.04.070) B. PUBLIC HEARINGS: (B.1. – B.2.)
This portion of the agenda provides citizens an opportunity to express their views on a specific issue as required by law after proper noticing by submitting a speaker slip (located on the back table) to the City Clerk. After considering all of the evidence, including written materials and oral testimony, the City Council must make a decision supported by findings and the findings must be supported by substantial evidence in the record. An applicant or designee(s) for a private development/business project, for which the public hearing is being held, is allotted a total of fifteen minutes to speak, as per SBMC 2.04.210. A portion of the fifteen minutes may be saved to respond to those who speak in opposition. All other speakers should refer to the public comment section at the beginning of the agenda for time allotment. Please be aware of the timer light on the Council Dais.

Solana Beach City Council Regular Meeting Agenda September 27, 2023 Page 5 of 8 B.1. Public Hearing: 228 N. Helix, Applicant: Bowers, Case: DRP22-013, SDP22-011. (File 0600-40)
The proposed project meets the minimum zoning requirements under the SBMC, may be found to be consistent with the General Plan and may be found, as conditioned, to meet the discretionary findings required as discussed in this report to approve a DRP and SDP. Therefore, Staff recommends that the City Council:

1. Conduct the Public Hearing: Open the Public Hearing, Report Council Disclosures, Receive Public Testimony, and Close the Public Hearing.

2. Find the project exempt from the California Environmental Quality Act pursuant to Section 15303 of the State CEQA Guidelines; and

3. If the City Council makes the requisite findings and approves the project, adopt Resolution 2023-064 conditionally approving a DRP and SDP for a new two-story, single-family residence with a fully subterranean basement and an attached two-car garage and perform associated site improvements at 228 North Helix Avenue, Solana Beach.

Item B.1. Report (click here)
B.2. Public Hearing: 667 Marine View, Applicant: Dominguez, Case: DRP21-013. (File 0600-40)
The proposed project could be found to be consistent with the General Plan and the SBMC and could be found, as conditioned, to meet the discretionary findings required as discussed in this report to approve a DRP. Therefore, Staff recommends that the City Council:

1. Conduct the Public Hearing: Open the Public Hearing, Report Council Disclosures, Receive Public Testimony, and Close the Public Hearing.

2. Find the project exempt from the California Environmental Quality Act pursuant to Section 15304 of the State CEQA Guidelines; and

3. If the City Council makes the requisite findings and approves the project, adopt Resolution 2023-108 conditionally approving a DRP to conduct grading in excess of 100 cubic yards and perform associated site improvements on a lot with an existing single-story single-family residence at 667 Marine View Avenue, Solana Beach.

Item B.2. Report (click here)
C. STAFF REPORTS: (C.1. – C.3.)
Submit speaker slips to the City Clerk.

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

Solana Beach City Council Regular Meeting Agenda September 27, 2023 Page 6 of 8 C.1. Miscellaneous Driving Rules Adoption (2nd Reading) of Ordinance 531 and Training and Diversion Program. (File 0230-20)
Recommendation: That the City Council

1. Adopt Ordinance 531 amending Chapter 10.44 (Miscellaneous Driving Rules) of Title 10 (Vehicles and Traffic) of the Solana Beach Municipal Code regarding bicycles.

2. Approve Resolution 2023-113 allocating $10,000 to the Community Services – Professional Services account to provide training and diversion programs for first time violators.

Item C.1. Report (click here)
C.2. La Colonia Tot Lot Construction Contract. (File 0720-30) Recommendation: That the City Council

1. Adopt Resolution 2023-111:
a. Awarding a construction contract to Western Rim Constructors, Inc. totaling $1,124,554 for the La Colonia Tot Lot Replacement, Bid No. 2023-08. b. Approving an amount of $95,056 for construction contingency. c. Authorizing the City Manager to execute the construction contract on behalf of the City.
d. Authorizing the City Manager to approve cumulative change orders up to the construction contingency amount.
e. Authorizing the City Manager to execute any and all agreements necessary to purchase the integrated components (including alternative dome/net structure) of the La Colonia Tot Lot playground equipment from GameTime, or their approved equipment supplier, at a cost not to exceed $175,000. f. Authorizing the City Manager to amend the PSA with Van Dyke Landscape Architects to increase the compensation by $12,000 for additional expenses incurred during design and construction support services associated with the La Colonia Tot Lot Replacement.

Item C.2. Report (click here)
C.3. Purchasing Authority - Introduce (1st Reading) of Ordinance 532. (File 0370-10) Recommendation: That the City Council

1. Introduce Ordinance 532 amending Solana Beach Municipal Code (SBMC) Chapter

3.08 to increase the City Manager's purchasing authority from $25,000 to $50,000, and to revise the thresholds for procurement process.

Item C.3. Report (click here)
Solana Beach City Council Regular Meeting Agenda September 27, 2023 Page 7 of 8 WORK PLAN COMMENTS:

Adopted June 28, 2023
COMPENSATION & REIMBURSEMENT DISCLOSURE:

GC: Article 2.3. Compensation: 53232.3. (a) Reimbursable expenses shall include, but not be limited to, meals, lodging, and travel. 53232.3 (d) Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency “City” at the next regular meeting of the legislative body.

COUNCIL COMMITTEE REPORTS: Council Committees
REGIONAL COMMITTEES: (outside agencies, appointed by this Council) a. City Selection Committee (meets twice a year) Primary-Heebner, Alternate-Edson b. Clean Energy Alliance (CEA) JPA: Primary-Becker, Alternate-Zito c. County Service Area 17: Primary-MacDonald, Alternate-Edson d. Escondido Creek Watershed Authority: Becker / Staff (no alternate). e. League of Ca. Cities’ San Diego County Executive Committee: Primary-MacDonald, Alternate-Becker. Subcommittees determined by its members. f. League of Ca. Cities’ Local Legislative Committee: Primary-MacDonald, Alternate-Becker g. League of Ca. Cities’ Coastal Cities Issues Group (CCIG): Primary-MacDonald, Alternate-Becker
h. North County Dispatch JPA: Primary-MacDonald, Alternate-Becker i. North County Transit District: Primary-Edson, Alternate-MacDonald j. Regional Solid Waste Association (RSWA): Primary-Zito, Alternate-MacDonald k. SANDAG: Primary-Heebner, 1st Alternate-Zito, 2nd Alternate-Edson. Subcommittees determined by its members.
l. SANDAG Shoreline Preservation Committee: Primary-Becker, Alternate-Zito m. San Dieguito River Valley JPA: Primary-MacDonald, Alternate-Becker n. San Elijo JPA: Primary-Zito, Primary-Becker, Alternate-City Manager o. 22nd Agricultural District Association Community Relations Committee: Primary-Edson, Primary-Heebner
STANDING COMMITTEES: (All Primary Members) (Permanent Committees) a. Business Liaison Committee – Zito, Edson
b. Fire Dept. Management Governance & Organizational Evaluation – Edson, MacDonald c. Highway 101 / Cedros Ave. Development Committee – Heebner, Edson d. Parks and Recreation Committee – Zito, Edson
e. Public Arts Committee – Edson, Heebner
f. School Relations Committee – Becker, MacDonald
g. Solana Beach-Del Mar Relations Committee – Heebner, Edson

CITIZEN COMMISSION(S)
a. Climate Action Commission – Zito, Becker
ADJOURN:

Next Regularly Scheduled Meeting is October 11, 2023
Always refer to the City’s website Event Calendar for an updated schedule or contact City Hall. www.cityofsolanabeach.org 858-720-2400
Solana Beach City Council Regular Meeting Agenda September 27, 2023 Page 8 of 8

AFFIDAVIT OF POSTING

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF SOLANA BEACH
§
I, Angela Ivey, City Clerk of the City of Solana Beach, do hereby certify that this Agenda for the September 27, 2023 Council Meeting was called by City Council, Successor Agency to the Redevelopment Agency, Public Financing Authority, and the Housing Authority of the City of Solana Beach, California, was provided and posted on September 20, 2023 at 2:30 p.m. on the City Bulletin Board at the entrance to the City Council Chambers.

Said meeting is held at 6:00 p.m., September 27, 2023, in the Council Chambers, at City Hall, 635 S. Highway 101, Solana Beach, California.

Angela Ivey, City Clerk
City of Solana Beach, CA
UPCOMING CITIZEN CITY COMMISSION AND COMMITTEE MEETINGS:

Regularly Scheduled, or Special Meetings that have been announced, are posted on each Citizen Commission’s Agenda webpage. See the Citizen Commission’s Agenda webpages or the City’s Events Calendar for updates. o Budget & Finance Commission
o Climate Action Commission
o Parks & Recreation Commission
o Public Arts Commission
o View Assessment Commission
}
Solana Beach City Council Special Meeting Minutes February 7, 2023 Page 1 of 2

MINUTES
Joint SPECIAL Meeting
Tuesday, February 7, 2023 * 6:00 p.m.

City Hall / Council Chambers, 635 S. Highway 101, Solana Beach, California Teleconference Location Only - City Hall/Council Chambers, 635 S. Highway 101, Solana Beach, California This meeting will be conducted in accordance with California Government Code sections 54953(e) and 54954.3 and other applicable law.
 City Council meetings are video recorded and archived as a permanent record. The video recording captures the complete proceedings of the meeting and is available for viewing on the City's website.  Posted Reports & Supplemental Docs contain records up to the cut off time prior to meetings for processing new submittals. Complete records containing meeting handouts, PowerPoints, etc. can be obtained through a Records Request.

CITY COUNCILMEMBERS
Lesa Heebner
Mayor
David A. Zito
Deputy Mayor / Councilmember District 1
Jewel Edson
Councilmember District 3
Kristi Becker
Councilmember District 2
Jill MacDonald
Councilmember District 4
Gregory Wade
City Manager
Johanna Canlas
City Attorney
Angela Ivey
City Clerk
CALL TO ORDER AND ROLL CALL:

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

Present: Lesa Heebner, David A. Zito, Jewel Edson, Kristi Becker, Jill MacDonald

Absent: None
Also

Present:

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

Rod Greek, Interim Finance Dir.

Joseph Lim, Community Development Dir.

FLAG SALUTE:

APPROVAL OF AGENDA:

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

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

CITY OF SOLANA BEACH

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

PUBLIC FINANCING AUTHORITY, & HOUSING AUTHORITY
Solana Beach City Council Special Meeting Minutes February 7, 2023 Page 2 of 2 ORAL COMMUNICATIONS: None
Comments relating to items on this evening’s agenda are taken at the time the items are heard. This portion of the agenda provides an opportunity for members of the public to address the City Council on items relating to City business and not appearing on today’s agenda by submitting a speaker slip (located on the back table) to the City Clerk. Pursuant to the Brown Act, no action shall be taken by the City Council on public comment items. Council may refer items to the City Manager for placement on a future agenda. The maximum time allotted for each presentation is THREE MINUTES. No donations of time are permitted (SBMC 2.04.190). Please be aware of the timer light on the Council Dais.

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

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

C.1. Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City for the Period of February 7, 2023 through February 28, 2023 Pursuant to the Brown Act and Continuing Emergency. (File 0240-28)
Recommendation: That the City Council

1. Adopt Resolution 2023-026 authorizing remote teleconference meetings of the legislative bodies of the City for the period of February 7, 2023 through February 28, 2023 pursuant to the provisions of the Brown Act.

Item C.1. Report (click here)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals.

The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.

Gregory Wade, City Manager, introduced the item.

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

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

ADJOURN:

Mayor Heebner adjourned the meeting at 6:04 p.m.

Angela Ivey, City Clerk Council Approved: _______________

MINUTES
Joint Meeting - Closed Session
Wednesday, August 23, 2023 at 5:00 p.m.

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

Mayor Heebner called the meeting to order at 5:00 p.m.

Present: Lesa Heebner, David A. Zito, Jewel Edson, Kristi Becker, Jill MacDonald

Absent: None
Also Present: Greg Wade, City Manager
Johanna Canlas, City Attorney
PUBLIC COMMENT ON CLOSED SESSION ITEMS (ONLY): None
CLOSED SESSION:

1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code section 54956.8
Property: APN: 263-352-03,04,05,06 and 07 and 263-342-02 City Negotiators: City Manager Greg Wade and City Attorney Johanna Canlas Negotiating Parties: Matt Tucker, North County Transit District Under negotiation: Purchase Price and Terms
No reportable action.

ADJOURN:

Mayor Heebner adjourned the meeting at 5:45 p.m.

Angela Ivey, City Clerk Council Approved:

CITY OF SOLANA BEACH

SOLANA BEACH CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT

AGENCY, PUBLIC FINANCING AUTHORITY, & HOUSING AUTHORITY Solana Beach City Council Regular Meeting Minutes August 23, 2023 Page 1 of 9

MINUTES
Joint REGULAR Meeting
Wednesday, August 23, 2023 * 6:00 p.m.

City Hall / Council Chambers, 635 S. Highway 101, Solana Beach, California  City Council meetings are video recorded and archived as a permanent record. The video recording captures the complete proceedings of the meeting and is available for viewing on the City's website.  Posted Reports & Supplemental Docs contain records up to the cut off time prior to meetings for processing new submittals. Complete records containing meeting handouts, PowerPoints, etc. can be obtained through a Records Request.

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

Present: Lesa Heebner, David A. Zito, Jewel Edson, Kristi Becker, Jill MacDonald

Absent: None
Also Present: Greg Wade, City Manager
Johanna Canlas, City Attorney
CLOSED SESSION REPORT: None
FLAG SALUTE:

APPROVAL OF AGENDA:

Motion: Moved by Councilmember Becker and second by Councilmember Zito to approve. Approved 5/0. Ayes: Heebner, Zito, Edson, Becker, MacDonald. Noes: None.

Motion carried unanimously.

ORAL COMMUNICATIONS:

Comments relating to items on this evening’s agenda are taken at the time the items are heard.

This portion of the agenda provides an opportunity for members of the public to address the City Council on items relating to City business and not appearing on today’s agenda by submitting a speaker slip (located on the back table) to the City Clerk. Pursuant to the Brown Act, no action shall be taken by the City Council on public comment items. Council may refer items to the City Manager for placement on a future agenda. The maximum time allotted for each presentation is THREE MINUTES. No donations of time are permitted (SBMC 2.04.190). Please be aware of the timer light on the Council Dais.

CITY OF SOLANA BEACH

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

PUBLIC FINANCING AUTHORITY, & HOUSING AUTHORITY
Solana Beach City Council Regular Meeting Minutes August 23, 2023 Page 2 of 9 Peggy Walker, San Dieguito Alliance for Drug Free Youth, spoke about the Carlsbad City Council voting to draft a smoke-free multi-unit housing ordinance, that it was also in consideration at the City of Encinitas, and asked that Solana Beach reconsider it for future projects.

COUNCIL COMMUNITY ANNOUNCEMENTS / COMMENTARY:

An opportunity for City Council to make brief announcements or report on their activities. These items are not agendized for official City business with no action or substantive discussion.

A. CONSENT CALENDAR: (Action Items) (A.1. - A.11.)
Items listed on the Consent Calendar are to be acted in a single action of the City Council unless pulled for discussion. Any member of the public may address the City Council on an item of concern by submitting to the City Clerk a speaker slip (located on the back table) before the Consent Calendar is addressed. Those items removed from the Consent Calendar by a member of the Council will be trailed to the end of the agenda, while Consent Calendar items removed by the public will be heard immediately after approval of the Consent Calendar to hear the public speaker.

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

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

A.1. Minutes of the City Council.

Recommendation: That the City Council

1. Approve the Minutes of the City Council meetings held on June 14, 2023, June 28, 2023, July 12, 2023, and July 24, 2023.

Motion: Moved by Councilmember Edson and second by Councilmember Zito to approve. Approved 5/0. Ayes: Heebner, Zito, Edson, Becker, MacDonald. Noes: None.

Motion carried unanimously.

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

1. Ratify the list of demands for June 24, 2023 – August 04, 2023.

Item A.2. Report (click here)
Motion: Moved by Councilmember Edson and second by Councilmember Zito to approve. Approved 5/0. Ayes: Heebner, Zito, Edson, Becker, MacDonald. Noes: None.

Motion carried unanimously.

A.3. General Fund Adopted Budget for Fiscal Year 2023/2024 Changes. (File 0330- 30)
Recommendation: That the City Council

1. Receive the report listing changes made to the Fiscal Year 2023-2024 General Fund Adopted Budget.

Item A.3. Report (click here)
Solana Beach City Council Regular Meeting Minutes August 23, 2023 Page 3 of 9 Motion: Moved by Councilmember Edson and second by Councilmember Zito to approve. Approved 5/0. Ayes: Heebner, Zito, Edson, Becker, MacDonald. Noes: None.

Motion carried unanimously.

A.4. League of California Cities’ 2023 Annual Business Meeting Voting Delegates Designees. (File 0140-10)
Recommendation: That the City Council

1. Appoint Councilmember MacDonald, primary voting delegate, Councilmember Becker, 1st alternate, and City Manager Gregory Wade, 2nd alternate, as the voting delegates for the 2023 Annual Business Meeting of the League of California Cities Annual Conference.

2. Authorize the City Clerk to attest to the appointments and submit the Official Voting Form to the League of California Cities.

Item A.4. Report (click here)
Motion: Moved by Councilmember Edson and second by Councilmember Zito to approve. Approved 5/0. Ayes: Heebner, Zito, Edson, Becker, MacDonald. Noes: None.

Motion carried unanimously.

A.5. Fire Management Agreement Amendment. (File 0260-10) Recommendation: That the City Council

1. Adopt Resolution 2023-095:
a. Approve the Fifth Amendment to the Agreement for Cooperative Fire Management Services by and between the City of Del Mar, City of Encinitas, and the City of Solana Beach.
b. Authorize the City Manager to execute the fifth amendment.

Item A.5. Report (click here)
Motion: Moved by Councilmember Edson and second by Councilmember Zito to approve. Approved 5/0. Ayes: Heebner, Zito, Edson, Becker, MacDonald. Noes: None.

Motion carried unanimously.

A.6. Destruction of Obsolete Records. (File 0170-50)
Recommendation: That the City Council

1. Adopt Resolution 2023-103 authorizing the destruction of officially obsolete records.

Item A.6. Report (click here)
Motion: Moved by Councilmember Edson and second by Councilmember Zito to approve. Approved 5/0. Ayes: Heebner, Zito, Edson, Becker, MacDonald. Noes: None.

Motion carried unanimously.

Solana Beach City Council Regular Meeting Minutes August 23, 2023 Page 4 of 9 A.7. Irrigation Controllers for the Coastal Rail Trail and Fletcher Cove Park. (File 0700-25) Recommendation: That the City Council

1. Adopt Resolution 2023-100:
a. Authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Nissho of California, Inc. for Fiscal Year 2023/24.
b. Authorizing the City Manager to execute a one-time purchase of four Calsense Irrigation Controllers and corresponding hardware and accessories from Nissho of California, Inc., in the amount of $24,125.42, for the Coastal Rail Trail and Fletcher Cove Park.
c. Appropriating $24,125.42 from the Asset Replacement Fund to the Parks Operating Budget.
d. Authorizing the City Treasurer to amend the FY 2023/24 Adopted Budget accordingly.

Item A.7. Report (click here)
Motion: Moved by Councilmember Edson and second by Councilmember Zito to approve. Approved 5/0. Ayes: Heebner, Zito, Edson, Becker, MacDonald. Noes: None.

Motion carried unanimously.

A.8. Heating, Ventilation, and Air Conditioning (HVAC) Maintenance Services and As-Needed Repairs. (File 0700-25)
Recommendation: That the City Council

1. Adopt Resolution 2023-101:
a. Authorizing the City Manager to execute Amendment No. 3 to the Professional Services Agreement with Seaside Heating and Air for Fiscal Year 2023/24 increasing the compensation by $43,685 for the purchase and installation of two rooftop HVAC units at City Hall, HVAC upgrades at the Fire Station, a construction contingency for the City Hall HVAC installation and installation of mini-split unit for IT at the Fire Station and as-needed repairs to the HVAC systems at City Hall and the La Colonia Community Center. Total not to exceed amount of the agreement for Fiscal Year 2023/24 is $55,145.
b. Appropriating $33,685 from the Facilities Replacement Fund to the Facilities Operating Budget.
c. Authorizing the City Treasurer to amend the FY 2023/24 Adopted Budget accordingly.

Item A.8. Report (click here)
Motion: Moved by Councilmember Edson and second by Councilmember Zito to approve. Approved 5/0. Ayes: Heebner, Zito, Edson, Becker, MacDonald. Noes: None.

Motion carried unanimously.

Solana Beach City Council Regular Meeting Minutes August 23, 2023 Page 5 of 9 A.9. Door Inspection, Maintenance, and As-Needed Repairs. (File 0700-25) Recommendation: That the City Council

1. Adopt Resolution 2023-102:
a. Authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with National Garage Door for Fiscal Year 2023/24.
b. Authorizing the City Manager to approve a one-time purchase and installation of one Stanley ADA Controller at City Hall, in an amount of $3,000 for Fiscal Year 2023/24.
c. Authorizing the City Manager to increase the As-Needed Repairs amount by $10,000, for Fiscal Year 2023/24.
d. Authorizing the City Manager to execute amendments to the Professional Services Agreement with National Garage Door, in an amount not to exceed $18,900, for Fiscal Years 2024/25, 2025/26, 2026/27.

Item A.9. Report (click here)
Motion: Moved by Councilmember Edson and second by Councilmember Zito to approve. Approved 5/0. Ayes: Heebner, Zito, Edson, Becker, MacDonald. Noes: None.

Motion carried unanimously.

A.10. Shoreline Monitoring Program Services. (File 0610-12) Recommendation: That the City Council

1. Adopt Resolution 2023-107 authorizing the City Manager to execute a Professional Services Agreement with Coastal Frontiers.

Item A.10. Report (click here)
Motion: Moved by Councilmember Edson and second by Councilmember Zito to approve. Approved 5/0. Ayes: Heebner, Zito, Edson, Becker, MacDonald. Noes: None.

Motion carried unanimously.

A.11. City Attorney Services. (File 0400-05)
Recommendation: That the City Council

1. Adopt Resolution 2023-106 authorizing the Mayor and City Manager to execute the First Amendment to the Agreement between the City of Solana Beach and the Successor Agency to the Solana Beach Community Development Agency and Burke, Williams & Sorensen LLP.

Item A.11. Report (click here)
Motion: Moved by Councilmember Edson and second by Councilmember Zito to approve. Approved 5/0. Ayes: Heebner, Zito, Edson, Becker, MacDonald. Noes: None.

Motion carried unanimously.

Solana Beach City Council Regular Meeting Minutes August 23, 2023 Page 6 of 9 B. PUBLIC HEARINGS: (B.1.)
This portion of the agenda provides citizens an opportunity to express their views on a specific issue as required by law after proper noticing by submitting a speaker slip (located on the back table) to the City Clerk. After considering all of the evidence, including written materials and oral testimony, the City Council must make a decision supported by findings and the findings must be supported by substantial evidence in the record. An applicant or designee(s) for a private development/business project, for which the public hearing is being held, is allotted a total of fifteen minutes to speak, as per SBMC 2.04.210. A portion of the fifteen minutes may be saved to respond to those who speak in opposition. All other speakers should refer to the public comment section at the beginning of the agenda for time allotment. Please be aware of the timer light on the Council Dais.

B.1. Public Hearing: 508 S. Nardo Ave., Applicant: Hartnack, Application: DRP22- 020/SDP22-018. (File 0600-40)
The proposed project meets the minimum zoning requirements under the SBMC, may be found to be consistent with the General Plan and may be found, as conditioned, to meet the discretionary findings required as discussed in this report to approve a DRP. Therefore, Staff recommends that the City Council:

1. Conduct the Public Hearing: Open the Public Hearing, Report Council Disclosures, Receive Public Testimony, and Close the Public Hearing.

2. Find the project exempt from the California Environmental Quality Act pursuant to Section 15301 of the State CEQA Guidelines; and

3. If the City Council makes the requisite findings and approves the project, adopt Resolution 2023-104 conditionally approving a DRP and SDP Waiver to convert a 555 square-foot attached garage to living area, construct a 784 square-foot living area addition and a 668 square-foot two-car attached garage to a single-story single-family residence, and perform associated site improvements at 508 South Nardo Avenue, Solana Beach.

Item B.1. Report (click here) Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals.

The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.

Greg Wade, City Manager, introduced the item.

Katie Benson, Sr. Planner, presented a PowerPoint (on file).

Mayor Heebner opened the public hearing.

Council disclosures.

Andy Crocker, architect, said that they had nothing to present.

Motion: Moved by Councilmember Zito and second by Councilmember Edson to close the public hearing. Approved 4/0/1. Ayes: Heebner, Zito, Edson, MacDonald. Noes:

None. Absent: Becker (recused). Motion carried unanimously.

Solana Beach City Council Regular Meeting Minutes August 23, 2023 Page 7 of 9 Motion: Moved by Councilmember Edson and second by Councilmember Zito to approve. Approved 4/0/1. Ayes: Heebner, Zito, Edson, MacDonald. Noes: None. Absent:

Becker (recused). Motion carried unanimously.

C. STAFF REPORTS: (C.1. – C.3.)
Submit speaker slips to the City Clerk.

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

C.1. Bicycle Safety and Education Programs and Consider Introduction (1st Reading) of Ordinance 531 - Miscellaneous Driving Rules. (File 0230-20) Recommendation: That the City Council

1. Continue to discuss options for bicycle safety and education programs.

2. If the City Council so desires, introduce Ordinance 531 amending Chapter

10.44 (Miscellaneous Driving Rules) of Title 10 (Vehicles and Traffic) of the Solana Beach Municipal Code regarding bicycles.

Item C.1. Report (click here)
Item C.1. Supplemental Docs (upd. 8-23-23 at 11:45am)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.

Greg Wade, City Manager, introduced the item.

Dan King, Assistant City Manager, presented a PowerPoint (on file).

Council and Staff discussed the proposed ordinance that would give the Sheriff additional tools to issue citations as well as the option for an educational diversion program, the current City regulations that do not allow bicycles on sidewalks in certain areas such as Highway 101, Lomas Santa Fe, and parts of Cedros, that in some areas, people do not want to share the sidewalk with a bicycle or electric scooter when walking, , that bikes are allowed on sidewalks in neighborhoods unless there is a bike path or bike lane on the adjacent street, age appropriateness for ebikes, education programs with Skyline students, adding signage on the Coastal Rail Trail (CRT), and that most citations are for not wearing a helmet.

Kristin Brinner said that bicyclists feel the danger of fast cars passing them by, she liked section B about it being unlawful to bike on sidewalks, suggested adding “when endangering pedestrians” after the unlawful term, and the concerns of discretionary enforcement possibly leading to unjust and inequitable enforcement against people of color.

Council, Staff, and Captain Lawrence discussed warnings before citations, need for signage and some variations of signage in different areas or along the same path, sending a violator to training, considerations of bikes on sidewalks on the way to school when on busier streets without endangering pedestrians, the purpose of multi-use paths, getting a periodic Sheriff’s report, sharing costs or funding programs that have hands on experience, and speed limits.

Solana Beach City Council Regular Meeting Minutes August 23, 2023 Page 8 of 9 Motion: Moved by Deputy Mayor Zito and second by Councilmember Edson to approve adding the additional language “including yielding to pedestrians” to 10.44.010 A.

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

C.2. California Uniform Public Construction Cost Accounting Act (CUPCCAA). (File 0700-10) Recommendation: That the City Council

1. Receive the report and provide direction as necessary for the proposed implementation of the California Uniform Public Construction Cost Accounting Act and formation of the Solana Beach Qualified Contractor’s List.

Item C.2. Report (click here) Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.

Greg Wade, City Manager, introduced the item and presented a PowerPoint (on file).

Council and Staff discussed the item and also considering increasing the City Manager contract authority to $50,000 and that this item would return to Council with an ordinance to update the municipal code.

C.3. City Manager’s Employment Agreement. (File 0520-00) Recommendation: That the City Council

1. Consider and adopt Resolution 2023-105 authorizing the Mayor to execute the Eighth Amendment to the Employment Agreement between the City of Solana Beach and Gregory Wade to reflect a base salary increase of 7% to $263,031.00 effective July 1, 2023, a one-time stipend of $11,000.00, and a $1,000.00 increase to the annual vehicle allowance.

Item C.3. Report (click here) Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.

Johanna Canlas, City Attorney, stated that there was a requirement to read the issue into the record reporting the 7% salary increase, a one-time stipend of $11,000 and a $1,000 increase to the annual vehicle allowance.

Motion: Moved by Councilmember MacDonald and second by Mayor Heebner to approve. Approved 5/0. Ayes: Heebner, Zito, Edson, Becker, MacDonald. Noes: None.

Motion carried unanimously.

WORK PLAN COMMENTS:

Adopted June 28, 2023
Mayor Heebner spoke about becoming a Bee City.

Solana Beach City Council Regular Meeting Minutes August 23, 2023 Page 9 of 9 COMPENSATION & REIMBURSEMENT DISCLOSURE: None
GC: Article 2.3. Compensation: 53232.3. (a) Reimbursable expenses shall include, but not be limited to, meals, lodging, and travel. 53232.3 (d) Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency “City” at the next regular meeting of the legislative body.

COUNCIL COMMITTEE REPORTS: Council Committees
REGIONAL COMMITTEES: (outside agencies, appointed by this Council) STANDING COMMITTEES: (All Primary Members) (Permanent Committees)

CITIZEN COMMISSION(S)
ADJOURN:

Mayor Heebner adjourned the meeting at 7:31 p.m.

Angela Ivey, City Clerk Council Approved: ___________
CITY COUNCIL ACTION: ____________________________________________________ _________________________________________________________________________ AGENDA ITEM # A.2.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: September 27, 2023
ORIGINATING DEPT: Finance
SUBJECT: Register of Demands
BACKGROUND:

Section 3.04.020 of the Solana Beach Municipal Code requires that the City Council ratify a register of demands which represents all financial demands made upon the City for the applicable period.

DISCUSSION:

Staff certifies that the register of demands has been reviewed for accuracy, that funds are available to pay the above demands, and that the demands comply with the adopted budget.

CEQA COMPLIANCE STATEMENT:

Not a project as defined by CEQA.

FISCAL IMPACT:

The register of demands for August 5, 2023 through August 25, 2023 reflects total expenditures of $1,217,595.46 from various City sources.

WORK PLAN:

N/A
Register of Demands: 08/05/2023 through 08/25/2023
Check Register - Disbursement Fund (Attachment 1) $ 879,693.39 Net Payroll Council August 10, 2023 4,138.39
Net Payroll Staff O04 August 18, 2023 333,763.68
TOTAL $ 1,217,595.46
September 27, 2023
Register of Demands

Page 2 of 2 ends

OPTIONS:
• Ratify the register of demands.
• Do not ratify and provide direction.

DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council ratify the above register of demands.

CITY MANAGER’S RECOMMENDATION:

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

1. Check Register – Disbursement Fund
Page: 1 of 8
City of Solana Beach
Register of Demands

8/5/2023 - 8/25/2023
Department
Vendor Description Date
Check/EFT
Number Amount
100 - GENERAL FUND
MISSION SQUARE PLAN 302817 Payroll Run 2 - Warrant OC3 08/10/2023 9000940 $5,495.34 MISSION SQUARE PLAN 302817 Payroll Run 1 - Warrant O04 08/17/2023 9000949 $17,140.54 SOLANA BEACH FIREFIGHTERS ASSOC Payroll Run 1 - Warrant O04 08/17/2023 9000954 $850.00 SUN LIFE FINANCIAL AUGUST 23 LIFE&ADD INS 08/25/2023 9000972 $1,549.74 SUN LIFE FINANCIAL AUGUST 23 SUPP LIFE INS 08/25/2023 9000972 $400.00 SUN LIFE FINANCIAL AUGUST 23 LTD 08/25/2023 9000972 $1,860.63 SUN LIFE FINANCIAL SEPTEMBER 23 LIFE&ADD INS 08/25/2023 9000972 $1,569.52 SUN LIFE FINANCIAL SEPTEMBER 23 SUPP LIFE INS 08/25/2023 9000972 $410.00 SUN LIFE FINANCIAL SEPTEMBER 23 LTD 08/25/2023 9000972 $1,860.63 CALPERS O04 PERS 08/18/23 PD (08/23/23 PERS) 08/23/2023 9082323 $62,786.07 STERLING HEALTH SERVICES, INC. O03 FSA/DCA CONTRIBUTIONS 08/10/2023 9000944 $1,442.97 STERLING HEALTH SERVICES, INC. O03 FSA/DCA CONTRIBUTIONS 08/10/2023 9000944 $819.68 STERLING HEALTH SERVICES, INC. OC2 FSA CONTRUBUTION 08/17/2023 9000956 $216.67 STERLING HEALTH SERVICES, INC. O04 FSA/DCA CONTRIBUTIONS 08/25/2023 9000971 $611.68 STERLING HEALTH SERVICES, INC. O04 FSA/DCA CONTRIBUTIONS 08/25/2023 9000971 $1,442.97 ERIC O'BRIEN 07/22/23 FCCC RENTAL DEPOSIT REFUND 08/10/2023 104235 $500.00 IAFF-MERP O04 FF TRUST CONTRIBUTION 08/17/2023 9000959 $2,300.00 SUSAN VON POSERN 17-18-25 DRP/SDP 17-18-25 REFUND 08/10/2023 104247 $757.50 RYAN PERRY 07/29/23 FCCC RENTAL DEPOSIT REFUND 08/10/2023 104243 $500.00 BIZZETT RUSSELL E RFND-SB-0646358 08/17/2023 104254 $22.50 TOM SISCO RFND-SB-0646201 08/17/2023 104273 $57.50
THOMAS HERNANDEZ JR RFND-SB-0645709 08/17/2023 104272 $42.50 DREW BAUER RFND-SB0645807 08/17/2023 104261 $42.50
TOTAL GENERAL FUND $102,678.94
1005100 - CITY COUNCIL
FRIENDS OF SOLANA BEACH LIBRARY FY22/23 LIBRARY MATERIALS MATCH 08/25/2023 9000975 $10,000.00 XEROX CORPORATION JUL-XEROX CLERK 08/10/2023 104250 $123.54 TOTAL CITY COUNCIL $10,123.54
1005150 - CITY CLERK
1 STOP TONER & INKJET, LLC TONER - CLERKS OFFICE 08/10/2023 9000941 $64.64 STAPLES CONTRACT & COMMERCIAL 7IN FUNNEL 08/10/2023 104246 $10.36 TOTAL CITY CLERK $75.00
1005250 - LEGAL SERVICES
BURKE WILLIAMS & SORENSEN 96-0001-JUNE 23 PROF SVC 08/25/2023 9000961 $11,343.00 BURKE WILLIAMS & SORENSEN 96-0038-JUNE 23 PROF SVC 08/25/2023 9000961 $9,755.80 BURKE WILLIAMS & SORENSEN 96-0040-JUNE 23 PROF SVC 08/25/2023 9000961 $849.40 BURKE WILLIAMS & SORENSEN 96-0040.002-JUNE 23 PROF SVC 08/25/2023 9000961 $1,096.00 BURKE WILLIAMS & SORENSEN JUNE 23 -RETAIN 08/25/2023 9000961 $11,644.00 BURKE WILLIAMS & SORENSEN 96-0001.002-JUNE 23 PROF SVC 08/25/2023 9000961 $62.10 BURKE WILLIAMS & SORENSEN 96-0002-JUNE 23 PROF SVC 08/25/2023 9000961 $1,142.40 BURKE WILLIAMS & SORENSEN 96-0006-JUNE 23 PROF SVC 08/25/2023 9000961 $309.40 BURKE WILLIAMS & SORENSEN 96-0007-JUNE 23 PROF SVC 08/25/2023 9000961 $414.00 Page: 2 of 8
BURKE WILLIAMS & SORENSEN 96-0014-JUNE 23 PROF SVC 08/25/2023 9000961 $1,782.20 BURKE WILLIAMS & SORENSEN 96-0019-JUNE 23 PROF SVC 08/25/2023 9000961 $1,366.20 TOTAL LEGAL SERVICES $39,764.50
1005300 - FINANCE
SUPERIOR PRESS DEPOSIT SLIPS/DEPOSIT BAGS 08/17/2023 104270 $162.32 CALPERS GASB 68 REPORTING SERVICES 08/14/2023 9081423 $3,150.00 KFORCE INC. 08/03/23-TEMP SERVICES-FIN 08/17/2023 9000950 $1,280.00 KFORCE INC. 07/20/23-TEMP SERVICES 08/17/2023 9000950 $1,280.00 KFORCE INC. 07/27/23-TEMP SERVICES 08/17/2023 9000950 $640.00 STAPLES CONTRACT & COMMERCIAL SELFINK STAMPS-DATA TICKET 08/25/2023 104319 $64.35 TOTAL FINANCE $6,576.67
1005350 - SUPPORT SERVICES
XEROX CORPORATION JUL-XEROX FIERY 08/10/2023 104250 $132.61 XEROX CORPORATION JUL-XEROX FIERY 08/10/2023 104250 $132.61 XEROX CORPORATION JUL-XEROX FIERY 08/10/2023 104250 $122.84 XEROX CORPORATION JUL-XEROX CLERK 08/10/2023 104250 $271.68 XEROX CORPORATION JUL-XEROX PLN/ENG 08/10/2023 104250 $70.25 XEROX CORPORATION JUL-XEROX PLN/ENG 08/10/2023 104250 $546.78 XEROX CORPORATION JUL-XEROX UPSTAIRS 08/10/2023 104250 $162.00 XEROX CORPORATION JUL-XEROX UPSTAIRS 08/10/2023 104250 $298.25 READY REFRESH BY NESTLE JUL 23-LC 08/17/2023 104267 $47.96 READY REFRESH BY NESTLE JUL 23-PW 08/17/2023 104267 $11.41 READY REFRESH BY NESTLE JUL 23-CH 08/17/2023 104267 $386.04 STAPLES CONTRACT & COMMERCIAL PAPER 08/25/2023 104319 $60.81 STAPLES CONTRACT & COMMERCIAL PAPER 08/25/2023 104319 $403.56 TOTAL SUPPORT SERVICES $2,646.80
1005400 - HUMAN RESOURCES
SHARP REES-STEALY MEDICAL GROUP PRE-EMPLOYMENT SCREENINGS 08/10/2023 9000943 $1,429.00 REGIONAL TRAINING CENTER FY 24-SD EMPLOYMENT RELATIONS CONSRTM FEE 08/17/2023 104263 $672.00 CODE 4 INVESTIGATIONS, INC. BACKGROUND CHECK-FS 08/25/2023 9000970 $750.00 DEPARTMENT OF JUSTICE JUL 23-FINGERPRINT APP 08/25/2023 104284 $64.00 COASTAL LIVE SCAN AND INSURANCE JULY 23-FINGERPRINTS 08/25/2023 104281 $60.00 STERLING HEALTH SERVICES, INC. COBRA RENEWALL-09/01/23-08/31/24 08/17/2023 9000955 $800.00 TOTAL HUMAN RESOURCES $3,775.00
1005450 - INFORMATION SERVICES
COX COMMUNICATIONS INC 0013410039730701-07/19/23-08/18/23 08/17/2023 104256 $315.84 CDW GOVERNMENT INC ADOBE PRO SUB 08/25/2023 9000963 $184.95 CDW GOVERNMENT INC SONICWALL ADV 08/25/2023 9000963 $899.99 VERIZON WIRELESS-SD 670601022-06/24/23-07/23/23 08/17/2023 104275 $114.03 MALWAREBYTES PROTECTION FOR SERVERS 08/25/2023 104308 $101.78 AMAZON.COM SALES, INC INV#1QQ3-Q3V1-KFGJ/SMART SWITCH 08/25/2023 104276 $295.78 AMAZON.COM SALES, INC INV#1QQ3-Q3V1-KFGJ/MONITOR 08/25/2023 104276 $189.86 AMAZON.COM SALES, INC INV:1QQ3-Q3V1-KFGJ- POWER STRIPS/HARD DRIVE 08/25/2023 104276 $322.91 AMAZON.COM SALES, INC INV:1QQ3-Q3V1-KFGJ/OUTLET POWER STRIP 08/25/2023 104276 $42.40 TOTAL INFORMATION SERVICES $2,467.54
1005550 - PLANNING
UT SAN DIEGO - NRTH COUNTY PUB HRNG-DRP22-020/SDP22-018 08/17/2023 104274 $482.00

DANIEL WELTE REIMB-MEMBERSHIP DUES-CA ASSOC OF CODE ENF OFF
08/17/2023 104257 $95.00
AMAZON.COM SALES, INC PENS/ORGANIZER CADDY 08/10/2023 104231 $16.86 AMAZON.COM SALES, INC COLORED PAPER/PRINTING LABELS/PENS 08/10/2023 104231 $67.37 Page: 3 of 8
TOTAL PLANNING $661.23
1005560 - BUILDING SERVICES
AMAZON.COM SALES, INC PENS/ORGANIZER CADDY 08/10/2023 104231 $13.46 TOTAL BUILDING SERVICES $13.46
1005590 - CODE ENFORCEMENT
VERIZON WIRELESS-SD 442224168-06/24/23-07/23/23 08/17/2023 104275 $141.79 VERIZON WIRELESS-SD 442224168- 05/24/23-06/23/23 08/17/2023 104275 $141.77 DEPARTMENT OF JUSTICE JUL 23-FINGERPRINT APP 08/25/2023 104284 $96.00 COASTAL LIVE SCAN AND INSURANCE JULY 23-FINGERPRINTS 08/25/2023 104281 $30.00 AMAZON.COM SALES, INC COLORED PAPER/PRINTING LABELS/PENS 08/10/2023 104231 $89.77 TOTAL CODE ENFORCEMENT $499.33
1006120 - FIRE DEPARTMENT
BUSINESS PRINTING COMPANY INC BUSINESS CARDS-FS 08/25/2023 104278 $214.54 REGIONAL COMMS SYS, MS 056 - RCS JUL 23-CAP CODE 08/25/2023 104316 $32.50

CITY OF ENCINITAS FIRE DEPARTMENT KRONOS/VHF RADIO CARDS/PRECISION TRAINING GROUP
08/25/2023 104280 $993.05

CITY OF ENCINITAS FIRE DEPARTMENT KRONOS/VHF RADIO CARDS/PRECISION TRAINING GROUP
08/25/2023 104280 $218.52

CITY OF ENCINITAS FIRE DEPARTMENT KRONOS/VHF RADIO CARDS/PRECISION TRAINING GROUP
08/25/2023 104280 $1,650.00
CHARLES MEAD ROPE RESCUE - 04/17/23-04/21/23 08/25/2023 104309 $1,050.00 WEX BANK JUN 23-FUEL/CR TAX 08/25/2023 104323 $1,773.57 ENTENMANN-ROVIN CO. INC BADGE/WALLET-LORN/LOFTIS 08/25/2023 104286 $379.27 ENTENMANN-ROVIN CO. INC BADGE-STRICKLAND 08/25/2023 104286 $273.14 HOWARD HENRY WAYNE JR RADIO SERVICE/INSTALL MATERIALS 08/25/2023 104290 $1,111.56 MUNICIPAL EMERGENCY SERVICES, INC SCBA REPAIR/FLOW TEST 08/25/2023 104311 $233.93 TOTAL FIRE DEPARTMENT $7,930.08
1006130 - ANIMAL CONTROL
HABITAT PROTECTION, INC JUL 23-DEAD ANIMAL REMOVAL 08/17/2023 9000948 $145.00 TOTAL ANIMAL CONTROL $145.00
1006170 - MARINE SAFETY
CAMEO PAPER & JANITORIAL SUPPLY INC TOWELS/AIR FRESHENER 08/10/2023 104233 $133.41 KAENON, LLC SUNGLASSES 08/10/2023 104239 $87.86
TOTAL MARINE SAFETY $221.27
1006510 - ENGINEERING
DEL MAR BLUE PRINT COMPANY, INC. 4 SETS MAPS 08/17/2023 104258 $19.62 DEL MAR BLUE PRINT COMPANY, INC. ENGINEERING EXHIBITS/NCTD PLANS 08/17/2023 104258 $11.96 VERIZON WIRELESS-SD 362455526-07/02/23-08/01/23 08/25/2023 104322 $52.16 UNDERGROUND SVC ALERT OF SOCAL INC AUG 23-DIG ALERT 08/17/2023 9000957 $62.50 TOTAL ENGINEERING $146.24
1006520 - ENVIRONMENTAL SERVICES
MISSION LINEN & UNIFORM INC LAUNDRY-PW 08/17/2023 104265 $13.13 MISSION LINEN & UNIFORM INC LAUNDRY-PW 08/17/2023 104265 $13.13 MISSION LINEN & UNIFORM INC LAUNDRY-PW 08/25/2023 104310 $13.13 SANTA FE IRRIGATION DISTRICT 005506-014-JUL 23 08/17/2023 104268 $224.97 MIKHAIL OGAWA ENGINEERING, INC. FY 23-STORMWATER PROGRAM 08/25/2023 9000968 $1,202.59 MIKHAIL OGAWA ENGINEERING, INC. FY 23-STORMWATER SERVICES 08/25/2023 9000968 $4,088.79 VERIZON WIRELESS-SD 362455526-07/02/23-08/01/23 08/25/2023 104322 $52.17 DOG WASTE DEPOT MITTN BAGS 08/17/2023 104260 $2,405.52
CLEAN EARTH ENVIROMENTAL SOLUTIONS JUNE 23 - HHW 08/17/2023 104255 $913.54 TOTAL ENVIRONMENTAL SERVICES $8,926.97
Page: 4 of 8
1006530 - STREET MAINTENANCE
MISSION LINEN & UNIFORM INC LAUNDRY-PW 08/17/2023 104265 $21.33 MISSION LINEN & UNIFORM INC LAUNDRY-PW 08/17/2023 104265 $21.33 MISSION LINEN & UNIFORM INC LAUNDRY-PW 08/25/2023 104310 $21.33 DIXIELINE LUMBER CO INC PAIL/TAPE/PAINTBRUSH 08/17/2023 104259 $65.71 DIXIELINE LUMBER CO INC FLASHLIGHT/GLOVES 08/25/2023 104285 $116.33 DIXIELINE LUMBER CO INC RATCHET/SOCKET SET/PAINT ROLLERS 08/17/2023 104259 $98.29 SANTA FE IRRIGATION DISTRICT 011695-000-JUL 23 08/17/2023 104268 $93.61 NAPA AUTO PARTS INC REFRIGERANT FLUID 08/25/2023 104312 $107.73 VERIZON WIRELESS-SD 362455526-07/02/23-08/01/23 08/25/2023 104322 $52.17 ENCINITAS BEE COMPANY LIVE BEE REMOVAL 08/17/2023 104262 $275.00 TOTAL STREET MAINTENANCE $872.83
1006540 - TRAFFIC SAFETY
REDFLEX TRAFFIC SYSTEMS, INC JUL 23- RED LIGHT CAMERA 08/17/2023 9000953 $7,694.85 VERIZON WIRELESS-SD 362455526-07/02/23-08/01/23 08/25/2023 104322 $37.26 AT&T CALNET 3 9391012279 - 06/24/23-07/23/23 08/17/2023 104253 $57.96 YUNEX LLC FY24 TRAFFIC SIGNAL AND SAFETY 08/25/2023 9000974 $264.54 TOTAL TRAFFIC SAFETY $8,054.61
1006550 - STREET CLEANING
SANTA FE IRRIGATION DISTRICT 011695-000-JUL 23 08/17/2023 104268 $54.98 PRIDE INDUSTRIES JUL 23-TRASH ABATEMENT SERVICES 08/17/2023 104266 $1,598.50 SCA OF CA, LLC JUL 23- CITY-WIDE STREET SWEEPING 08/17/2023 104269 $3,988.34 SCA OF CA, LLC JUN 23- STREET SWEEPING SERVICES 08/25/2023 104318 $3,910.15 TOTAL STREET CLEANING $9,551.97
1006560 - PARK MAINTENANCE
MISSION LINEN & UNIFORM INC LAUNDRY-PW 08/17/2023 104265 $15.59 MISSION LINEN & UNIFORM INC LAUNDRY-PW 08/17/2023 104265 $15.59 MISSION LINEN & UNIFORM INC LAUNDRY-PW 08/25/2023 104310 $15.59 DIXIELINE LUMBER CO INC WASHER/NUTS 08/17/2023 104259 $0.84 DIXIELINE LUMBER CO INC PAINT BRUSH/ROLLERS/PAIL 08/17/2023 104259 $33.04 DIXIELINE LUMBER CO INC FOUNTAIN PUMP 08/17/2023 104259 $84.16 DIXIELINE LUMBER CO INC GLOVE/FILTER MASK/CLOTH/SPRAYER 08/17/2023 104259 $32.46 SANTA FE IRRIGATION DISTRICT 05979-005-06/02/23-08/01/23 08/17/2023 104268 $436.57 SANTA FE IRRIGATION DISTRICT 005506-018- ONE MONTH-JUL 23 08/17/2023 104268 $294.75 SANTA FE IRRIGATION DISTRICT 005506-019 - ONE MONTH-JUL 23 08/17/2023 104268 $1,683.27 W.W. GRAINGER, INC FLUSH SERVOMOTOR 08/17/2023 104264 $361.87 CONSOLIDATED ELECTRICAL DIST INC BOLLARD LEDS 08/10/2023 9000937 $2,353.26 VERIZON WIRELESS-SD 362455526-07/02/23-08/01/23 08/25/2023 104322 $74.53 THE HOME DEPOT PRO LINERS 08/17/2023 104271 $1,119.51
TOTAL PARK MAINTENANCE $6,521.03
1006570 - PUBLIC FACILITIES
SEASIDE HEATING & AIR CONDITIONING APR LC-PREVENTATIVE MAINTENANCE 08/10/2023 104245 $180.00 SEASIDE HEATING & AIR CONDITIONING APR MS-PREVENTATIVE MAINTENANCE 08/10/2023 104245 $120.00 SEASIDE HEATING & AIR CONDITIONING APR CH-PREVENTATIVE MAINTENANCE 08/10/2023 104245 $360.00 SEASIDE HEATING & AIR CONDITIONING REPLACED CONDENSER FAN MOTOR 08/10/2023 104245 $365.00 SEASIDE HEATING & AIR CONDITIONING REPLACED CONDENSER FAN MOTOR 08/10/2023 104245 $495.00 DIXIELINE LUMBER CO INC RUST-OLEUM SPRAY 08/17/2023 104259 $12.71 DIXIELINE LUMBER CO INC BLANK KEY/PAPER TAGS 08/17/2023 104259 $15.12 DIXIELINE LUMBER CO INC WASHERS/NUTS/ELECTRICAL OUTLET 08/17/2023 104259 $22.27 DIXIELINE LUMBER CO INC UTILITY BLADES/STAPLES 08/17/2023 104259 $7.61 DIXIELINE LUMBER CO INC RANGE DIG MULTIMETER 08/25/2023 104285 $25.44 Page: 5 of 8
DIXIELINE LUMBER CO INC RETURN AIR GRILLE 08/25/2023 104285 $10.27 DIXIELINE LUMBER CO INC CONTRACTOR HOSE 08/25/2023 104285 $78.29 DIXIELINE LUMBER CO INC TUBE CAPS/BALL VALVE 08/17/2023 104259 $16.12 DIXIELINE LUMBER CO INC BAGS/PAINT ROLLERS 08/17/2023 104259 $82.48 DIXIELINE LUMBER CO INC SCREWS 08/17/2023 104259 $26.42 DIXIELINE LUMBER CO INC COPPER PIPE 08/17/2023 104259 $7.62 DIXIELINE LUMBER CO INC CRIMPER/GLOVES 08/17/2023 104259 $45.00 DIXIELINE LUMBER CO INC GLOVES/HOSE CLAMP 08/17/2023 104259 $37.13 DIXIELINE LUMBER CO INC LIGHTBULBS 08/17/2023 104259 $15.64 DIXIELINE LUMBER CO INC SPRAY TEXTURE/LADDER 08/17/2023 104259 $281.43 NAPA AUTO PARTS INC ROPE/BATTERY 08/25/2023 104312 $325.77 LALLEY CONSTRUCTION ELECTRIC METER SERVICE PEDESTAL 08/10/2023 104241 $520.00 LALLEY CONSTRUCTION WATER LEAK 08/10/2023 104241 $130.00 LALLEY CONSTRUCTION ENTRY DOOR REPAIR/URINAL REPAIR 08/10/2023 104241 $975.00 24 HOUR ELEVATOR, INC AUG 23-ELEVATOR MAINT 08/17/2023 104251 $194.48 BILL SMITH FOREIGN CAR SERVICE INC OIL/FILTER 08/25/2023 104277 $56.80 CINTAS CORPORATION NO. 2 FIRST AID SUPPLIES-PW 08/25/2023 104279 $118.96 CALIFORNIA OFFICE CLEANING, INC JUL 23- JANITORIAL/CUSTODIAL SVC 08/17/2023 9000946 $8,875.00 CALIFORNIA OFFICE CLEANING, INC JANITORIAL/CUSTODIAL SVC-FS 08/25/2023 9000962 $200.00 SYMONS FIRE PROTECTION FY23 FIRE SUPRESSION EQUIPMENT SERVICES 08/25/2023 104320 $474.00 PRIDE INDUSTRIES JUL 23-TRASH ABATEMENT SERVICES 08/17/2023 104266 $1,598.50 FERANDELL TENNIS COURTS, INC FCP BASKETBALL IMPROVEMENTS 08/25/2023 104287 $1,266.35 FERANDELL TENNIS COURTS, INC FCP BASKETBALL IMPROVEMENTS 08/25/2023 104287 $16,962.25 FERANDELL TENNIS COURTS, INC FCP BASKETBALL IMPROVEMENTS 08/25/2023 104287 $892.75 FERANDELL TENNIS COURTS, INC FCP BASKETBALL IMPROVEMENTS CO 08/25/2023 104287 $66.65 TOTAL PUBLIC FACILITIES $34,860.06
1007100 - COMMUNITY SERVICES
GREGORY SAHAGIAN PUBIC ARTS -UTILITY BOX ART WINNER 08/25/2023 104289 $450.00 TOTAL COMMUNITY SERVICES $450.00
1007110 - GF-RECREATION
ABLE PATROL & GUARD, INC JULY 23 FCC EVENT SECURITY 08/10/2023 104230 $634.50 1 STOP TONER & INKJET, LLC TONER - LC 08/10/2023 9000941 $85.41 CALIFORNIA OFFICE CLEANING, INC JULY EVENT CLEANING 08/10/2023 9000936 $180.00 KLEEGE INDUSTRIES, INC 10/22/23 DIA DE LOS MUERTOS RENTAL 08/10/2023 104240 $1,500.00 TOTAL GF-RECREATION $2,399.91
1205460 - SELF INSURANCE RETENTION
CONSOLIDATED ELECTRICAL DIST INC CR23.901 CRT NORTH BOLLARD REP 08/25/2023 9000965 $10,699.58 CONSOLIDATED ELECTRICAL DIST INC CR23.901 CRT NORTH BOLLARD REP 08/25/2023 9000965 $680.68 GEORGE HILLS COMPANY, INC. JUN 23 - 2202.RIECKEN 08/10/2023 9000939 $92.40 GEORGE HILLS COMPANY, INC. JUN 23 - 2203.PEASE 08/10/2023 9000939 $269.50 GEORGE HILLS COMPANY, INC. JUN 23 - 2302.BARRERA 08/10/2023 9000939 $130.90 GEORGE HILLS COMPANY, INC. JUN 23 - 2305.MEISENHEIMER 08/10/2023 9000939 $146.30 GEORGE HILLS COMPANY, INC. JUN 23 - 2306.DUPREZ 08/10/2023 9000939 $38.50 GEORGE HILLS COMPANY, INC. JUN 23 - 2307.KELLY 08/10/2023 9000939 $161.70 BURKE WILLIAMS & SORENSEN 96-0040.003-JUNE 23 PROF SVC 08/25/2023 9000961 $1,783.20 YUNEX LLC CR23.730- TRAFFIC LIGHT MAINT/REPAIR 08/25/2023 9000974 $21,787.69 YUNEX LLC CR23.730- TRAFFIC LIGHT MAINT/REPAIR 08/25/2023 9000974 $2,612.31 TOTAL SELF INSURANCE RETENTION $38,402.76
1255465 - WORKERS COMPENSATION
PINNACOL ASSURANCE FY 24 Q2-WORKERS COMP INS-CO 08/25/2023 104314 $521.00 TOTAL WORKERS COMPENSATION $521.00
Page: 6 of 8
1605360 - OPEB OBLIGATION
MIDAMERICA SEPTEMBER 23 08/25/2023 9000967 $7,320.00
TOTAL OPEB OBLIGATION $7,320.00
202 - GAS TAX
BEADOR CONSTRUCTION COMPANY, INC. 9383 LSF BRIDGE REPAIR RETENSION RELEASE 08/10/2023 104232 $7,000.00 TOTAL GAS TAX $7,000.00
2026510 - GAS TAX-ENGINEERING
MICHAEL BAKER INTERNATIONAL, INC JUN 23-LSF CORRIDOR III DESIGN 08/17/2023 9000951 $20,549.90 TOTAL GAS TAX-ENGINEERING $20,549.90
2047520 - MID 9C SANTA FE HILLS
SANTA FE IRRIGATION DISTRICT 05979-009-06/02/23-08/01/23 08/17/2023 104268 $936.84 SANTA FE IRRIGATION DISTRICT 05979-010-06/02/23-08/01/23 08/17/2023 104268 $572.36 SANTA FE IRRIGATION DISTRICT 05979-011-06/02/23-08/01/23 08/17/2023 104268 $638.12 SANTA FE IRRIGATION DISTRICT 05979-012-06/02/23-08/01/23 08/17/2023 104268 $150.40 SANTA FE IRRIGATION DISTRICT 05979-006-06/02/23-08/01/23 08/17/2023 104268 $1,797.20 SANTA FE IRRIGATION DISTRICT 05979-007-06/02/23-08/01/23 08/17/2023 104268 $1,588.96 SANTA FE IRRIGATION DISTRICT 005979-021 - ONE MONTH-JUL 23 08/17/2023 104268 $1,464.03 SANTA FE IRRIGATION DISTRICT 005979-022 - ONE MONTH-JUL 23 08/17/2023 104268 $1,041.79 SANTA FE IRRIGATION DISTRICT 005979-023 - ONE MONTH-JUL 23 08/17/2023 104268 $1,021.49 SANTA FE IRRIGATION DISTRICT 005979-024 - ONE MONTH-JUL 23 08/17/2023 104268 $863.15 SANTA FE IRRIGATION DISTRICT 005979-025 - ONE MONTH-JUL 23 08/17/2023 104268 $635.79 SANTA FE IRRIGATION DISTRICT 005979-026 - ONE MONTH-JUL 23 08/17/2023 104268 $749.47 SANTA FE IRRIGATION DISTRICT 005979-015 - ONE MONTH-JUL 23 08/17/2023 104268 $501.81 SANTA FE IRRIGATION DISTRICT 005979-016 - ONE MONTH-JUL 23 08/17/2023 104268 $745.41 SANTA FE IRRIGATION DISTRICT 005979-017 - ONE MONTH-JUL 23 08/17/2023 104268 $48.81 SANTA FE IRRIGATION DISTRICT 005979-018 - ONE MONTH-JUL 23 08/17/2023 104268 $130.01 SANTA FE IRRIGATION DISTRICT 005979-019 - ONE MONTH-JUL 23 08/17/2023 104268 $637.51 SANTA FE IRRIGATION DISTRICT 005979-020 - ONE MONTH-JUL 23 08/17/2023 104268 $924.05 SANTA FE IRRIGATION DISTRICT 005979-014 - ONE MONTH-JUL 23 08/17/2023 104268 $879.39 SANTA FE IRRIGATION DISTRICT 005979-029-06/16/23-08/15/23 08/25/2023 104317 $942.32 SANTA FE HILLS HOA JUL-SANTA FE HILLS HOA 08/10/2023 9000942 $18,250.00 TOTAL MID 9C SANTA FE HILLS $34,518.91
2057530 - MID 9E ISLA VERDE
ISLA VERDE HOA JUL-ISLA VERDE HOA 08/10/2023 104238 $433.33 TOTAL MID 9E ISLA VERDE $433.33
2077550 - MID 9H SAN ELIJO #2
SAN ELIJO HILLS II HOA JUL-SAN ELIJO HILLS HOA 08/10/2023 104244 $10,850.00 TOTAL MID 9H SAN ELIJO #2 $10,850.00
2087580 - COASTAL RAIL TRAIL MAINT
SANTA FE IRRIGATION DISTRICT 005506-020 - ONE MONTH-JUL 23 08/17/2023 104268 $1,877.02 TOTAL COASTAL RAIL TRAIL MAINT $1,877.02
2117600 - STREET LIGHTING DISTRICT
VERIZON WIRELESS-SD 362455526-07/02/23-08/01/23 08/25/2023 104322 $14.91 TOTAL STREET LIGHTING DISTRICT $14.91
2135550 - DEVELOPER PASS-THRU- PLANNING
PAMELA ELLIOTT LANDSCAPE ARCHITECT DRP22-019-JULY 23 08/17/2023 9000952 $350.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT DRP22-024-JULY 23 08/17/2023 9000952 $350.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT 1714.08-JULY 23 08/17/2023 9000952 $500.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT B23-0011-JULY 23 08/17/2023 9000952 $350.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT DRP23-003-JULY 23 08/17/2023 9000952 $350.00 Page: 7 of 8
PAMELA ELLIOTT LANDSCAPE ARCHITECT DRP22-026-JULY 23 08/17/2023 9000952 $350.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT B21-0534-JULY 23 08/17/2023 9000952 $350.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT REV22-001-JULY 23 08/17/2023 9000952 $500.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT DRP21-009-JULY 23 08/17/2023 9000952 $350.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT 1717.40-JULY 23 08/17/2023 9000952 $500.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT DRP22-005-JULY 23 08/17/2023 9000952 $350.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT DRP20-002-JULY 23 08/17/2023 9000952 $450.00 TOTAL DEVELOPER PASS-THRU- PLANNING $4,750.00
240 - COMM DEV BLOCK GR (CDBG)
PORTILLO CONCRETE, INC PROJ 9355.23-RETENTION 08/25/2023 104315 $2,750.00 TOTAL COMM DEV BLOCK GR (CDBG) $2,750.00
2406510 - COMM DEV BLOCK GR (CDBG)-CIP
COMMUNITY RESOURCE CENTER FY 23- CDBG-CV GRANT PROGRAM 08/25/2023 104282 $31,150.00 TOTAL COMM DEV BLOCK GR (CDBG)-CIP $31,150.00
2505570 - COASTAL BUSINESS/VISITORS
DEL MAR BLUE PRINT COMPANY, INC. MOVIE NIGHT SPONSOR BOARD 08/25/2023 104283 $70.25 SAM CASTELLANO 08/12 MOVIE NIGHT LIGHTING RENTAL 08/10/2023 104234 $50.00 SAM CASTELLANO 08/12 MOVIE NIGHT LIGHTING RENTAL 08/10/2023 104234 $50.00 TOTAL COASTAL BUSINESS/VISITORS $170.25
2556180 - CAMP PROGRAMS
ORIGINAL WATERMEN, INC JR GRD UNIFORM RESTOCK 08/25/2023 104313 $452.55 WESS TRANSPORTATION SERVICES 07/20 SUMMER CAMP TRANSPORTATION 08/10/2023 104249 $626.05 EXTRA GRAPHIC SCREEN PRINTING JG SHIRTS 08/10/2023 104236 $1,030.53 TOTAL CAMP PROGRAMS $2,109.13
2706120 - PUBLIC SAFETY- FIRE
NATIONWIDE MEDICAL SURGICAL INC CSA.17-SODIUM CHLORIDE/TRANEXAMIC ACID 08/25/2023 9000969 $206.39 TOTAL PUBLIC SAFETY- FIRE $206.39
4506190 - SAND REPLNSHMNT/RETENTION
REGIONAL WATER QUALITY CONTROL BRD SCOUP PERMIT RENEWAL 08/10/2023 104242 $2,734.00 TOTAL SAND REPLNSHMNT/RETENTION $2,734.00
4506510 - SANDREPLNSHMNT/RETNTN-CIP
T.B. PENICK & SONS, INC. 9442.23 FCP CONCRETE RESTORATI 08/10/2023 104248 $77,620.00 T.B. PENICK & SONS, INC. 9442.23 FCP CONCRETE RESTORATI 08/10/2023 104248 $22,115.00 TOTAL SANDREPLNSHMNT/RETNTN-CIP $99,735.00
4596510 - MISC.CAPITALPROJECTS-ENG
UT SAN DIEGO - NRTH COUNTY NTC-BID: 2023-08 08/25/2023 104321 $564.22 LA JOLLA STONE ETCHING SB VETERAN MEMORIAL 08/25/2023 104291 $500.00 TOTAL MISC.CAPITALPROJECTS-ENG $1,064.22
4596520 - MISC CAPITAL PROJ - ENVIR
UNIVERSITY OF SAN DIEGO JUN 23 CLIMATE ACTION PLAN UPDATE 08/10/2023 9000945 $1,937.18 TOTAL MISC CAPITAL PROJ - ENVIR $1,937.18
5097700 - SANITATION
MISSION LINEN & UNIFORM INC LAUNDRY-PW 08/17/2023 104265 $8.20 MISSION LINEN & UNIFORM INC LAUNDRY-PW 08/17/2023 104265 $8.20 MISSION LINEN & UNIFORM INC LAUNDRY-PW 08/25/2023 104310 $8.20 SANTA FE IRRIGATION DISTRICT 05979-008-06/02/23-08/01/23 08/17/2023 104268 $94.48 SANTA FE IRRIGATION DISTRICT 005506-014-JUL 23 08/17/2023 104268 $674.91 VERIZON WIRELESS-SD 362455526-07/02/23-08/01/23 08/25/2023 104322 $14.91 AT&T CALNET 3 9391012277- 06/24/23-07/23/23 08/17/2023 104253 $17.06 US BANK 9/1-2017 SEJPA INTEREST 08/25/2023 9000973 $212,043.75 Page: 8 of 8
US BANK 9/1-WWR REF 2017 08/25/2023 9000973 $93,403.13
US BANK 9/1-WWR REF 2017 08/25/2023 9000973 ($249.24)
IDRAINS LLC E- SEWER-STORMDRAIN MAINT-10,024 08/17/2023 104252 $6,315.12 IDRAINS LLC FY24 SEWER-STORMDRAIN CLEANING 08/17/2023 104252 $525.00 BEADOR CONSTRUCTION COMPANY, INC. 9383 LSF BRIDGE REPAIR RETENSION RELEASE 08/10/2023 104232 $737.30 TOTAL SANITATION $313,601.02
6718510 - BARBARA UNDERGROUNDING-DS
WILLDAN Q4-IMPROVMENT DISTRICT ADMIN 08/17/2023 9000958 $24.44 WILLDAN Q4-LOCAL IMPROVMENT DISTRICT ADMIN 08/17/2023 9000958 $252.68 TOTAL BARBARA UNDERGROUNDING-DS $277.12
6728520 - PACIFIC UNDERGROUNDING-DS
WILLDAN Q4-IMPROVMENT DISTRICT ADMIN 08/17/2023 9000958 $7.19 WILLDAN Q4-LOCAL IMPROVMENT DISTRICT ADMIN 08/17/2023 9000958 $250.80 TOTAL PACIFIC UNDERGROUNDING-DS $257.99
6738530 - MARSOLAN UNDERGROUNDNG-DS
WILLDAN Q4-IMPROVMENT DISTRICT ADMIN 08/17/2023 9000958 $5.66 WILLDAN Q4-LOCAL IMPROVMENT DISTRICT ADMIN 08/17/2023 9000958 $250.62 COMPUTERSHARE CORPORATE TRUST SOBEACH0724-MARSOLAN BND INT/PRIN 9/2 08/25/2023 9000964 $8,677.50 COMPUTERSHARE CORPORATE TRUST SOBEACH0724-MARSOLAN BND INT/PRIN 9/2 08/25/2023 9000964 $10,000.00 TOTAL MARSOLAN UNDERGROUNDNG-DS $18,933.78
6768560 - SO SOLANA SEWER DISTR-DS
COMPUTERSHARE CORPORATE TRUST SOBEACH1106-SSSWR BND INT/PRIN 9/2 08/25/2023 9000964 $9,167.50 COMPUTERSHARE CORPORATE TRUST SOBEACH1106-SSSWR BND INT/PRIN 9/2 08/25/2023 9000964 $20,000.00 TOTAL SO SOLANA SEWER DISTR-DS $29,167.50
REPORT TOTAL: $879,693.39
COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # A.3.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: September 27, 2023
ORIGINATING DEPT: Finance
SUBJECT: Report on Changes Made to the General Fund Adopted Budget for Fiscal Year 2023-24
BACKGROUND:

Staff provides a report at each Council meeting that lists changes made to the current Fiscal Year (FY) General Fund Adopted Budget. The information provided in this Staff Report lists the changes made through August 23, 2023.

DISCUSSION:

The following table reports the revenue, expenditures, and transfers for 1) the Adopted General Fund Budget approved by Council on June 28, 2023 (Resolution 2023-089) and 2) any resolutions passed by Council that amended the Adopted General Fund Budget.

CEQA COMPLIANCE STATEMENT:

Not a project as defined by CEQA
Date Action Description Revenues Expenditures Transfers from GF Net Surplus 06/28/2023 Reso 2023-089 Adopted Budget 24,472,918 (23,078,124) (980,000) $ 414,794 414,794
Date Action Description Revenues Expenditures Transfers from GF Net Surplus 06/28/2023 Reso 2023-089 Adopted Budget 4,400,000 (1,124,000) (733,400) $ 2,542,600 2,542,600
Combined General Fund Net Surplus $ 2,957,394

GENERAL FUND - ADOPTED BUDGET PLUS CHANGES
As of 08/23/23
General Fund - Operations
General Fund - Measure S
September 27, 2023
General Fund Budget Changes - FY 2024

Page 2 of 2 ends

FISCAL IMPACT:

N/A
WORK PLAN:

N/A
OPTIONS:
∙ Receive the report.
∙ Do not accept the report
DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council receive the report listing changes made to the FY 2023-2024 General Fund Adopted Budget.

CITY MANAGER’S RECOMMENDATION:

Approve Department Recommendation
_________________________________
Gregory Wade, City Manager
COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # A.4.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: September 27, 2023
ORIGINATING DEPT: Fire Department
SUBJECT: City Council Consideration of Resolution 2023-110 to Approve the Alert & Warning Memorandum of Agreement
Between the County of San Diego and the City of Solana
Beach
BACKGROUND:

The Wireless Emergency Alert (WEA) system is a federally maintained alert and warning system, available to all jurisdictions to notify the public in times of imminent, severe, or extreme emergencies. The system is managed by the San Diego County Office of Emergency Services (OES) in a Memorandum of Agreement (MOA) with the Federal Emergency Management Agency (FEMA).

The County of San Diego also maintains a regional mass notification system, AlertSanDiego. Regional MOAs between the County of San Diego and the City of Solana Beach were signed in September 2018 and February 2020 for the use of AlertSanDiego and WEA within the framework, agreements, rules, and protocols agreed upon by the San Diego Unified Disaster Council and in agreement with the County’s Emergency Operations Plan.

This item is before the City Council to request approval of Resolution 2023-110 (Attachment 1) approving the Alert & Warning MOA between the County of San Diego and City of Solana Beach.

DISCUSSION:

The jurisdictions within San Diego County have a need to rapidly notify the public during an emergency. The Alert & Warning MOA allows the City of Solana Beach to initiate WEA messages and generate AlertSanDiego campaigns to the public utilizing the OES September 27, 2023
Alert & Warning MOA

Page 2 of 3 ends

Mass Notification System. The Alert & Warning MOA (Attachment 2) will replace previous agreements regarding the AlertSanDiego and WEA. Entering into the MOA with County OES ensures that the City of Solana Beach can participate in essential public service programs designed to alert the public and keep them safe during life-threatening emergencies.

WEA messages are emergency notifications sent by authorized government entities alerting authorities through mobile carriers and broadcast to mobile phones receiving a signal from cell towers within or in close proximity to the alert area. Only individuals located in the area will receive the message through their WEA-capable cell phones (most carriers participate), including those who arrive in the area after the incident has occurred, until there is no longer a threat to public safety.

In addition to WEA, AlertSanDiego is a regional notification system that can send telephone notifications, texts, and emails to the public and businesses impacted by, or in danger of being impacted by, a disaster. AlertSanDiego is used by emergency response personnel. AlertSanDiego utilizes the region’s 9-1-1 database, provided by local telephone companies, and now includes the addition of San Diego Gas and Electric (SDG&E) confidential customer database information. However, unliked AlertSanDiego, WEA reaches most mobile phones within a given area, designated by cell towers.

AlertSanDiego only reaches designated landlines and pre-registered cell phones and emails of residents within the incident area.

The changes to the existing 2020 MOA are redlined in Attachment 3. Updates to the 2020 MOA include:
• Addition of background, responsibilities, and policy of Zonehaven, the new evacuation management software.
• Training on the new systems and updated training requirements for users and administrators.
• Policy and responsibility information on Non-Weather Emergency Messages (NWEM) and Emergency Alert System (EAS) alerts.
• Addition of SDG&E confidential customer information integration into AlertSanDiego via Government Code Section 8593.4.
• Update of the County of San Diego’s website references to AlertSanDiego.org.

The presence of both alerting platforms is important for maintaining a comprehensive emergency public outreach system.

CEQA COMPLIANCE STATEMENT:

Not a project as defined by CEQA.

FISCAL IMPACT:

There is no direct fiscal impact associated with this Council action. The Alert and Warning System (Wireless Emergency Alert and AlertSanDiego) is funded by regional Homeland September 27, 2023
Alert & Warning MOA

Page 3 of 3 ends

Security Grant Program funds or by Unified Disaster Council dues, as determined by the Unified Disaster Council. Jurisdictions are not billed for utilizing the system.

WORK PLAN:

N/A
OPTIONS:
• Approve Staff recommendation.
• Approve Staff recommendation with alternative amendments / modifications. • Deny Staff recommendation and provide direction.

DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council approve Resolution 2023-110:

1. Approving the Alert & Warning Memorandum of Agreement between the County of San Diego and the City of Solana Beach.

2. Authorizing the City Manager to execute the Memorandum of Agreement on behalf of the City of Solana Beach.

CITY MANAGER’S RECOMMENDATION:

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

1. Resolution 2023-110

2. Alert & Warning Memorandum of Agreement with the County of San Diego and the City of Solana Beach, August 2023

3. Redlined 2020 Alert & Warning Memorandum of Agreement between the County of San Diego and the City of Solana Beach
RESOLUTION 2023-110

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, APPROVING THE ALERT
& WARNING MEMORANDUM OF AGREEMENT BETWEEN

THE COUNTY OF SAN DIEGO AND THE CITY OF SOLANA
BEACH
WHEREAS, the Wireless Emergency Alert (WEA) system is a federally maintained alert and warning system, available to all jurisdictions to notify the public in times of imminent, severe, or extreme emergencies; and
WHEREAS, the County of San Diego Office of Emergency Services (OES), with the Federal Emergency Management Agency (FEMA), manages the San Diego Wireless Emergency Alert (WEA) system; and
WHEREAS, the County of San Diego Office of Emergency Services (OES) also maintains a regional mass notification system, AlertSanDiego; and WHEREAS, the Memorandum of Agreement (MOA) establishes a regional agreement between the County of San Diego (County) and the City of Solana Beach for the use of WEA and AlertSanDiego; and
WHEREAS, entering into the Alert & Warning MOA with County OES ensures the City of Solana Beach can participate in an essential public service program designed to alert the public and keep them safe during life-threatening emergencies.

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

1. That the above recitations are true and correct.

2. That the City Council authorizes the City Manager to execute the Alert & Warning Memorandum of Agreement between the County of San Diego and the City of Solana Beach
PASSED AND ADOPTED this 27th day of September, 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 -
ABESENT: Councilmembers -
________________________________
LESA HEEBNER, Mayor
Resolution 2023 - 110
Alert & Warning MOA

Page 2 of 2 ends

APPROVED AS TO FORM: ATTEST:
_______________________________ ________________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk Alert & Warning MOA – August 2023 Page 1 of 12

ALERT & WARNING

MEMORANDUM OF AGREEMENT BETWEEN

THE COUNTY OF SAN DIEGO

AND THE

CITY OF SOLANA BEACH
I. PURPOSE
This Agreement (“Agreement”) is made by and between the County of San Diego (“County”) and the [JURISDICTION] (“Jurisdiction”). This form establishes a regional agreement on the use of Alert & Warning modalities capable of being initiated through the Office of Emergency Services (County OES) Mass Notification System (“System”). This agreement will allow the Jurisdiction to initiate Wireless Emergency Alerts (WEA) and generate AlertSanDiego campaigns to their jurisdiction via the County OES Mass Notification System.

County OES recognizes that each San Diego County Operational Area Jurisdiction has a need to rapidly notify their residents before and/or during an emergency. County OES and the Sheriff Communication Center are authorized to disseminate Alert & Warning messages to the unincorporated county areas.

Each Jurisdiction is responsible for initiating their own Alert & Warning messages to their jurisdiction. This Memorandum of Agreement (MOA) replaces previous agreements regarding the AlertSanDiego mass notification system and replaces previous WEA MOAs.

II. BACKGROUND
County OES is responsible for procuring and maintaining the System (e.g.., software), used to connect to the federal WEA aggregator and AlertSanDiego, the regional notification system used to send voice, text, and email notifications to the public and businesses within San Diego County.

The System shall be funded by regional Homeland Security Grant Program funds when possible or by Unified Disaster Council dues, as determined by the Unified Disaster Council. Grant and Unified Disaster Council budgets are voted upon annually by the Unified Disaster Council.

Jurisdictional usage of the System is unlimited. Jurisdictions are not billed for utilizing the System.

A. Wireless Emergency Alerts (WEA)
The Wireless Emergency Alert (WEA) system, is a federally maintained alert and warning system, available to all jurisdictions to notify the public in times of imminent, severe, or extreme hazards within the framework, agreements, rules and protocols agreed upon by the Federal Emergency Management Agency (FEMA), the Federal Communications Commission (FCC), and the Unified Disaster Council and in agreement with the Operational Area Emergency Operations Plan and the fifth amended Joint Powers Agreement, as applicable.

On behalf of the San Diego County Operational Area, County OES maintains an MOA with FEMA designating County OES as a Collaborative Operating Group (COG) with the Integrated Public Alert & Warning System (IPAWS).

Alert & Warning MOA – August 2023 Page 2 of 12
With access to IPAWS through the County OES Mass Notification System, the Jurisdiction can initiate WEAs. WEAs are emergency notifications sent by authorized government alerting authorities, as determined by the Jurisdiction, through mobile carriers and broadcast to mobile phones receiving a signal from cell towers within or near the alert area. Please see examples of 90- and 360-character WEA messages in Appendix A.

Because WEA messages leverage mobile carrier cell phone towers and the broadcast range of a particular tower can be affected by many variables such as the height of antenna over surrounding terrain, the frequency of signal in use, the transmitter's power, the directional characteristics of the site antenna array, local geography and weather conditions, emergency notifications will more than likely occur outside of the intended notification area. WEA version 3.0 from FEMA/FCC incorporates 0.1-mile geo-targeting capability which allows jurisdictions to notify the public with greater accuracy.

Since WEAs may have regional implications and may be received by the public in surrounding jurisdictions, the initiation of WEAs requires regional coordination which is the responsibility of the initiating Jurisdiction (See Section IV. Communication).

B. AlertSanDiego
The County of San Diego maintains a regional notification system that is able to send voice, text, and email notifications to people within San Diego County who may be impacted by, or are in danger of being impacted by, a disaster. This system, branded as AlertSanDiego, is used by emergency response personnel to notify members of the public at risk with information about the event and/or protective actions (such as evacuation, shelter in place, etc.) It is Teletype/“Telecommunications Device for the Deaf” TTY/TDD capable.

The System has several feeds of contact information. The system ingests the region's 9-1-1 database monthly. It is provided by the local telephone companies and includes both listed and unlisted landline phone numbers for voice notifications.

Members of the public are also able to self-register their Voice Over Internet Protocol (VoIP), cellular telephone numbers, and/or email addresses to receive notifications via voice, text, email, and/or American Sign Language with English voice and text.

The System also ingests Confidential Customer Information (CCI) from San Diego Gas & Electric public utility data monthly. It is provided pursuant to Government Code section 8593.4.

Pursuant to the Non-Disclosure Agreement (Appendix C) the Jurisdiction is a Representative of the County of San Diego and it is hereby agreed to that the Jurisdiction is familiar with, and shall abide by, the terms of Appendix C as though it were a party hereto.

County OES will notify the individuals on the modalities listed in the CCI when they are first enrolled in the System. This notification will include a process to opt out of the System which would terminate County OES access to the individual’s CCI for purposes of the System.

Alert & Warning MOA – August 2023 Page 3 of 12
C. Zonehaven
Zonehaven is an evacuation management software that is replacing the current public safety grids to select and define alerting areas during an incident. The zones have been created using several factors and have been reviewed and approved by each jurisdiction. The zones, as created, may cross jurisdictional lines.

III. POLICY
A. EAS
Emergency Alert System (EAS) is a national public warning system commonly used by state and local authorities to deliver important emergency information, such as weather and AMBER alerts, to affected communities. EAS Participants – radio and television broadcasters, cable systems, satellite radio and television providers, and wireline video providers – deliver local alerts on a voluntary basis. The State of California has been divided into "EAS Operational Areas" for the purpose of disseminating emergency information. The San Diego EAS Operational Area encompasses the entire County.

Only County OES and the Sheriff’s Communications Center are authorized to activate the EAS.

Approved jurisdictional Alerting Authorities in the OA can contact the OES Duty Officer and request activation of the system. Determination will be made by OES in the event of the need to notify large areas of the county to take protective actions or to provide emergency information.

B. NWEM
Non-Weather Emergency Messages (NWEM)s are sent through FEMA’s Integrated Public Alert and Warning System (IPAWS) to the National Weather Service (NWS) for broadcast over NOAA Weather Radio (NWR) All Hazards and other NWS dissemination systems. This capability was reintroduced in 2021 as a redesign of the previous enhanced NWEM dissemination functionality developed in 2006 as the All-Hazards Emergency Message Collection System (HazCollect).

Only County OES and the Sheriff’s Communications Center are authorized to send NWEM alerts.

Approved jurisdictional Alerting Authorities in the OA can contact the OES Duty Officer or the Sheriff’s Communications Office and request activation of the system. Determination will be made by OES in the event of the need to notify large areas of the county to take protective actions or to provide emergency information.

C. WEA
If a Jurisdiction’s Public Safety Official (i.e., Incident Command, or other authorized alerting authority as determined by the Jurisdiction) determines that the severity of an incident necessitates public alert through WEA, the Public Safety Official will request that a WEA is devised and sent out through the Jurisdiction’s authorized sender.

Use of the WEA system is solely authorized for imminent, severe, or extreme hazards.

Imminent, Severe, or extreme hazards are incidents where an emergency threatens, or is Alert & Warning MOA – August 2023 Page 4 of 12
imminently expected to threaten, life, health, and/or property. WEAs must contain protective action instructions that recipients will follow to reduce vulnerability to an imminent and/or expected threat.

Protective action instructions include:

1. Shelter – Shelter in place

2. Evacuate – Relocate as instructed

3. Prepare – Make preparations

4. Execute – Execute a pre-planned activity

5. Avoid – Avoid the hazard

6. Monitor – Follow official information sources

7. All clear – The event no longer poses a threat or concern and the Shelter in place has ended.

The system is generally not authorized for:

1. Missing person notifications, except AMBER alerts which are sent out by the Center for Missing and Exploited Children in cooperation with California Highway Patrol

2. Non-emergency weather alerts

3. Traffic problems

4. Parking restrictions

5. Street closures

6. Structure fires impacting limited populations

7. Crime information

8. Notifications to update the public on important programs or special events

9. Routine, informational and/or educational messages

10. Other events with limited impact
The system is not authorized for:

1. Any message of commercial nature

2. Any message of a political nature

3. Any non-official business (e.g. articles, retirement announcements, etc.) D. AlertSanDiego
If a Jurisdiction’s Public Safety Official, as determined by the Jurisdiction, determines that the severity of an incident necessitates public alert through AlertSanDiego, the Public Safety Official is responsible for processing and disseminating the AlertSanDiego message.

The Jurisdiction is authorized to develop pre-established notification lists (either spreadsheets or geo-coded lists) and messages to meet their needs. These lists may include special populations (e.g. in-home care, schools, etc.), those susceptible to certain risks (e.g. homes within dam inundation zone), or employee call back lists. It is the responsibility of the Jurisdiction to create and maintain these lists.

Full Use (voice, text, email) of the AlertSanDiego system to contact registered, E-911, and utility Alert & Warning MOA – August 2023 Page 5 of 12
data is authorized for the following purposes:

1. Imminent, perceived, and/or expected threat to life and/or property

2. Disaster notifications

3. Evacuation notices

4. Public health emergencies

5. Any notification to provide emergency information to a defined community Limited use (text and email only, no voice) of AlertSanDiego to contact registered mobile devices (not E-911 or utility data) are authorized for the following purposes:

1. Missing Persons at risk
A Missing Person at risk is defined in Penal Code 14215.B below:
“At-risk” means there is evidence of, or there are indications of, any of the following:
(1) The person missing is the victim of a crime or foul play. (2) The person missing is in need of medical attention. (3) The person missing has no pattern of running away or disappearing. (4) The person missing may be the victim of parental abduction. (5) The person missing is mentally impaired, including cognitively impaired or developmentally disabled.

The System is not authorized for:

1. Routine, informational, and/or educational messages

2. Any message of commercial nature

3. Any message of a political nature

4. Any non-official business (e.g. articles, event notifications, retirement announcements, etc.) Testing and training of the AlertSanDiego system is strictly limited to contact information uploaded by the Jurisdiction. No E-911, utility, or registered users may be notified without their prior written consent.

E. Zonehaven
The Jurisdiction Program Administrator(s) will be responsible for vetting and verifying which employees have completed required trainings in order to obtain access to the Zonehaven system. Jurisdiction Program Administrator(s) must be approved by the Jurisdiction Unified Disaster Council representative.

The Jurisdiction Program Administrator(s) will ensure that the fire, law, EMS, and dispatch agencies serving their jurisdiction are provided a copy of this agreement. The Jurisdiction is responsible for putting in place any internal agreements necessary to perform the responsibilities within this agreement.
--
Alert & Warning MOA – August 2023 Page 6 of 12
Jurisdictions shall, without delay, remove any and all persons no longer employed or otherwise unauthorized to issue Alert & Warning messages on behalf of the Jurisdiction from the System.

Jurisdictions shall verify that all users with access to the system:

1. Are current agents of the jurisdiction with authority to access the system

2. Have read, understand, and agree to the terms of the MOA

3. Have satisfied, at minimum, the training requirements set forth in this MOA

4. Have signed the Rules of Behavior

5. Have read and agreed to the Non-Disclosure Agreement

6. Notify County OES that the above listed items have been verified IV. COMMUNICATION
A. Cross Jurisdictional
Alerting Authorities, as determined by the Jurisdiction, responsible for disseminating Alert & Warning messages must take into consideration the importance of message coordination, resource sharing, and the need to minimize public alerting fatigue which may occur with system abuse or overuse.

Should the need for Alert & Warning be determined by Public Safety Officials, notification will be made by the initiating Jurisdiction to all potentially affected neighboring jurisdictions immediately. This may include, but not limited to, Unified Disaster Council member(s), Dispatch Agency(ies), Emergency Manager(s), and/or Special District(s), (e.g., Universities, Fire Protection Districts, Water Districts, etc.). This may be accomplished through a manual or an automated system.

B. Public
It is a best practice for the Jurisdiction to refer the public to their Jurisdiction’s official website and/or Jurisdiction operated social media sites for further information regarding the emergency that warranted the Alert & Warning. If the website AlertSD.org, or any other registered domain name that leads to AlertSanDiego.org is used as part of a public Alert & Warning message, the Jurisdiction must notify County OES of their intent to reference the website immediately. The Jurisdiction is also responsible for providing regular updates to County OES so that the County OES website can be updated with the latest disaster information.

Incomplete or imperfect information is not a valid reason to delay or avoid issuing an Alert & Warning. Time is of the essence, as recipients of warnings will need time to consider, plan, and act after they receive an Alert & Warning. This is particularly true among individuals with disabilities and people with access and functional needs. They may require additional time to evacuate or may be at increased risk of harm without notification.

For all Alert & Warning messages sent, the initiating jurisdiction shall be responsible for managing public and media questions, comments, or concerns arising from the message.

During a regional emergency, it is a best practice for all jurisdictions to coordinate Alert & Warning Alert & Warning MOA – August 2023 Page 7 of 12
and Public Information through the Operational Area Emergency Operations Center.

C. Multi-Modal
A highly effective Alert & Warning program will use as many delivery methods as appropriate and necessary. Alert & Warning is comprised of multiple modalities which may include: EAS (Emergency Alert System), NWEM (Non-Weather Emergency Message), WEA (Wireless Emergency Alert), AlertSanDiego, San Diego County Emergency Website (AlertSD.org), and Social Media. Jurisdictions should use all modality levels as appropriate to reach the widest audience.

By utilizing multiple modalities, there is a greater likelihood that people with disabilities or other access and functional needs will receive the Alert & Warning message.

V. RESPONSIBILITIES
A. Jurisdictions
All jurisdictions in the San Diego County Operational Area are responsible for the Alerting & Warning of the people within their jurisdictional boundary of severe or extreme hazards that currently threaten or pose an imminent threat to life or property.

In Zonehaven, because the zone formations do not take jurisdictional boundaries into consideration, alerts may be sent into neighboring jurisdictions. It is the responsibility of the alerting jurisdiction to inform the neighboring impacted jurisdiction that the alert and public facing map is crossing over into their area of responsibility.

Jurisdiction will ensure that trained and authorized personnel are available to issue Alert & Warning 24 hours a day, 7 days a week through dispatch and/or other means. Jurisdiction Program Administrator will be responsible for vetting and verifying which employees have completed required trainings in order to obtain access to the AlertSanDiego, WEA, and Zonehaven systems (see Appendix A). Jurisdiction Program Administrators must be approved by the Jurisdiction Unified Disaster Council representative.

The Jurisdiction Program Administrator will ensure that the fire, law, EMS, and dispatch agencies serving their jurisdiction are provided a copy of this agreement. The Jurisdiction is responsible for putting in place any internal agreements necessary to perform the responsibilities within this agreement.

Jurisdictions shall, without delay, remove any and all persons no longer employed or otherwise unauthorized to issue Alert & Warning messages on behalf of the Jurisdiction from the System.

Jurisdictions shall verify that all users with access to the system:

1. Are current agents of the jurisdiction with authority to access the system

2. Have read, understand, and agree to the terms of the MOA

3. Have satisfied, at minimum, the training requirements set forth in this MOA

4. Have signed the Rules of Behavior
Alert & Warning MOA – August 2023 Page 8 of 12

5. Have read and agreed to the Non-Disclosure Agreement

6. Notify County OES that the above listed items have been verified B. State of California Alert & Warning Guidelines
All users agree to consider the State of California Alert & Warning Guidelines. The guidelines may be found online at www.CalAlerts.org
C. Training
AlertSanDiego and WEA
FEMA requires specific training for alert originators. For a step-by-step guide, please see Appendix A -Personnel Training Requirements. Initial train-the-trainer trainings will be available to the Jurisdiction by the System vendor. Trainings will then be provided to Jurisdiction administrators and communication center users. Ongoing training and refresher trainings can be provided upon request by a representative from the County.

Zonehaven
Initial Zonehaven train-the-trainer trainings will be available to the Jurisdiction by the System vendor. Trainings will then be provided to users at the administrative, communication centers, and field user levels. Ongoing training and refresher trainings can be provided upon request by a representative from the County.

D. Security
Per Federal Requirements, to ensure the joint security of the systems and the message data they store, process, and transmit, both parties agree to adhere to and enforce the Rules of Behavior (as specified in Appendix B). In addition, both parties agree to the following:

1. Ensure authorized users accessing the interoperable system(s) receive, agree to abide by and sign (electronically or in paper form) the IPAWS-OPEN Rules of Behavior as specified in Appendix B. The Jurisdiction is responsible for keeping the signed Rules of Behavior on file or stored electronically for each system user.

2. Document and maintain jurisdictional specific security policies and procedures and produce such documentation in response to official audits, inquiries, and/or requests.

3. Provide physical security and system environmental safeguards for devices supporting system interoperability with IPAWS-OPEN.

4. Where applicable, ensure that only individuals who have successfully completed FEMA-required training can utilize the alert and warning systems addressed in this agreement.

Alert & Warning MOA – August 2023 Page 9 of 12

5. Where applicable, document and maintain records of successful completion of FEMA-required training and produce such documentation in response to official inquiries and/or requests.

E. County OES and Sheriff
The Sheriff’s Communications Center and County OES are available to initiate requested WEA and AlertSanDiego messages from a Public Safety Official for emergencies affecting the unincorporated county area. If a WEA is initiated, the County OES Staff Duty Officer (SDO) and Sheriff Watch Commander will coordinate the Communication requirements as outlined above in section III. Communication.

Should the need for Alert & Warning be determined by Public Safety Officials, notification will be made by the initiating Jurisdiction to all potentially affected neighboring jurisdictions immediately. This may include, but is not limited to, Unified Disaster Council member(s), Dispatch Agency(ies), Emergency Manager(s), and/or Special District(s) (e.g., Universities, Fire Protection Districts, and Water Districts, etc.)
Only County OES and the Sheriff’s Communications Center can send Emergency Alert System (EAS) broadcasts and NWEM alerts through IPAWS. NWEMs will accompany all EAS broadcasts.

Only County OES and the Sheriff’s Communications Center can send Emergency Alert System (EAS) broadcasts and Non-Weather Emergency Messages (NWEMs) through FEMA’s Integrated Public Alert and Warning System (IPAWS).

The Sheriff’s Communications Center and County OES may be available to initiate requested WEA and AlertSanDiego messages from a Public Safety Official through standard mutual aid processes for emergencies in incorporated county areas if the Jurisdiction is unable to do so.

County OES will conduct an annual audit of trained and authorized users to ensure users are still employed or otherwise still authorized to issue Alert & Warning on behalf of the Jurisdiction.

F. Unified Disaster Council (UDC) Alert & Warning Subcommittee The UDC Alert & Warning Subcommittee is a County-wide working group composed of participating City and County Agency Representatives. Coordinated by County OES, the UDC Alert & Warning Subcommittee shall meet as determined by the Unified Disaster Council and/or the Subcommittee, to conduct after action reviews of system usage, coordinate ongoing administration, modify policies and guidelines, or to address other issues related to Alert & Warning messages. All recommendations for substantive changes to this MOA shall be submitted to the Unified Disaster Council for approval.

G. Maintenance
This MOA will be reviewed once every four years, or upon request of the UDC or the Alert & Warning Subcommittee.

Alert & Warning MOA – August 2023 Page 10 of 12
VI. GOVERNANCE
County OES will advise on Alert and Warning, in conjunction with the UDC Alert & Warning Subcommittee.

A. DEFENSE AND INDEMNITY

1. Claims Arising from Sole Acts or Omissions of County The County of San Diego (“the County”) hereby agrees to defend and indemnify the [JURISDICTION] its agents, officers and employees (hereinafter collectively referred to in this paragraph as 'Jurisdiction'), from any claim, action or proceeding against the Jurisdiction, arising solely out of the acts or omissions of County in the performance of this Agreement. At its sole discretion, the Jurisdiction may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve County of any obligation imposed by this Agreement. The Jurisdiction shall notify the County promptly of any claim, action or proceeding and cooperate fully in the defense.

2. Claims Arising from Sole Acts or Omissions of the Jurisdiction The Jurisdiction hereby agrees to defend and indemnify the County, its agents, officers and employees (hereafter collectively referred to in this paragraph as “ the County”) from any claim, action or proceeding against the County, arising solely out of the acts or omissions of the Jurisdiction in the performance of this Agreement. At its sole discretion, the County may participate at its own expense in the defense of any such claim, action or proceeding, but such participation shall not relieve the Jurisdiction of any obligation imposed by this Agreement. The County shall notify the Jurisdiction promptly of any claim, action or proceeding and cooperate fully in the defense.

3. Claims Arising from Concurrent Acts or Omissions
The County hereby agrees to defend itself, and the Jurisdiction hereby agrees to defend itself, from any claim, action or proceeding arising out of the concurrent acts or omissions of the County and the Jurisdiction. In such cases, the County and the Jurisdiction agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph E below.

4. Joint Defense
Notwithstanding paragraph C above, in cases where the County and the Jurisdiction agree in writing to a joint defense, the County and the Jurisdiction may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of the Jurisdiction and the County. Joint defense counsel shall be selected by mutual agreement of the County and the Jurisdiction. The County and the Jurisdiction agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 5 below. The County and the Jurisdiction further agree that neither party may bind the other to a settlement agreement without the written consent of both the County and the Jurisdiction.

Alert & Warning MOA – August 2023 Page 11 of 12

5. Reimbursement and/or Reallocation
Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, the County and the Jurisdiction may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault.

6. Application of California Law
Nothing in this Agreement is intended to, nor shall it limit or alter the application of California law as it relates to actions against, or liability of, government entities under the California law, including, but not limited to, the California Government Claims Act (Government Code Section 810 et. seq.).

7. Notice and Modification
This Agreement may be modified at any time with the prior written consent of both Parties. All modifications shall be in writing and signed by both parties. Any communication or notices to be provided pursuant to this Agreement must be sent to the attention of the signatories below, or their designees.

8. No Third Party Beneficiaries
Except as may be expressly provided herein, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party right or any other rights of any kind in any person or entity.

9. Choice of Law
This Agreement is governed by the laws of the State of California. Venue for all actions arising out of this Agreement must be exclusively in the state or federal courts located in San Diego County, California.

10. Counterparts
This Agreement may be executed in multiple copies or in one or more counterparts, each of which shall be deemed an original with the same effect as if all the signatures were on the same instrument.

11. Severability
The invalidity in whole or in part of any provision of this Agreement will not void or affect the validity of any other provisions of this Agreement.

12. Anti-assignment Clause
No Party may assign or delegate any duty or right under this Agreement. Any such purported assignment or delegation will void this entire Agreement, unless the Parties have previously approved such action in writing.

Alert & Warning MOA – August 2023 Page 12 of 12

13. Authority to Enter into Agreement
Each of the signatories below represent that they have authority from their respective governing bodies to execute this Agreement and bind the parties to the terms of this Agreement.

VII. TERM AND TERMINATION
This Agreement shall become effective when it is signed by both parties. This Agreement may be terminated upon mutual consent at any time. Additionally, either party may terminate this Agreement following six (6) months’ written notice to the other party.

VIII. SIGNATORY
Jeff Toney, Director, County of San Diego OES Gregory Wade , City Manager, City of Solana Beach

Date: Date:

APPROVED AS TO FORM:

Johanna N. Canlas, City Attorney
Date:

ATTEST:

Angela Ivey, CMC, City Clerk
Date:

Alert & Warning MOA –January 2020 Aprilugust 2023

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ALERT & WARNING

MEMORANDUM OF AGREEMENT BETWEEN

THE COUNTY OF SAN DIEGO

AND THE
[JURISDICTION]
I. PURPOSE
This Agreement (“Agreement”) is made by and between the County of San Diego (“County”) and the [JURISDICTION] (“Jurisdiction”). It is intended to establishThis form establishes a regional agreement foron the use of Alert & Warning modalities capable of being initiated through the Office of Emergency Services (OES) mass notification system.County OES) Mass Notification System (“System”). This agreement will allow the Jurisdiction to initiate Wireless Emergency Alerts (WEA) and generate AlertSanDiego campaigns to their jurisdiction utilizingvia the County OES Mass Notification System(“System”)..

County Office of Emergency Services (OES) recognizes that each San Diego County Operational Area jurisdictionJurisdiction has a need to rapidly notify their residents before and/or during an emergency. County OES and the Sheriff Communication Center are authorized to disseminate Alert & Warning messages to the Unincorporated areaunincorporated county areas.

Each jurisdiction will beJurisdiction is responsible for initiating their own Alert & Warning messages to their jurisdiction. This Memorandum of Agreement (MOA) replaces previous agreements regarding the AlertSanDiego mass notification system and replaces previous WEA Memorandums of AgreementMOAs.

II. BACKGROUND
County OES is responsible for procuring and maintaining the System (i.e.,.g.., software), used to connect to the federal WEA aggregator and AlertSanDiego, the regional notification system used to send telephonevoice, text, and email notifications to residentsthe public and businesses within San Diego County. The System isshall be funded by regional Homeland Security Grant Program funds when possible or by Unified Disaster Council dues, as determined by the Unified Disaster Council. Grant and Unified Disaster Council budgets are voted upon annually by the Unified Disaster Council. Jurisdictional usage of the System usage is unlimited. Jurisdictions are not billed for utilizing the System.

A. Wireless Emergency Alerts (WEA)
The Wireless Emergency Alert (WEA) system, is a federally maintained alert and warning system, available to all jurisdictions to notify residentsthe public in times of imminent, severe, or extreme hazards within the framework, agreements, rules and protocols agreed upon by the Federal Emergency Management Agency (FEMA), the Federal Communications Commission (FCC), and the Unified Disaster Council and in agreement with the Operational Area Emergency Operations Plan and the fifth amended Joint Powers Agreement, as applicable.

On behalf of the San Diego County Operational Area, the County OES maintains a Memorandum Style Definition: Heading 2: Indent: Left: 0.44"
Style Definition: Heading 1
Formatted: Font: Bold
Alert & Warning MOA –January 2020 Aprilugust 2023

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of Agreement (an MOA) with the FEMA designating County OES as a Collaborative Operating Group (COG) with the Integrated Public Alert & Warning System (IPAWS).

With access to IPAWS through the County OES Mass Notification System, the Jurisdiction can initiate Wireless Emergency Alert (WEA) messages. WEA messagesWEAs. WEAs are emergency notifications sent by authorized government alerting authorities, as determined by the Jurisdiction, through mobile carriers and broadcast to mobile phones receiving a signal from cell towers within or in close proximity tonear the alert area. Please see examples of 90- and 360- character WEA messages in Appendix A.

Because WEA messages leverage mobile carrier cell phone towers and the broadcast range of a particular tower can be affected by many variables such as the height of antenna over surrounding terrain, the frequency of signal in use, the transmitter's power, the directional characteristics of the site antenna array, local geography and weather conditions, emergency notifications maywill more than likely occur outside of the intended notification area. WEA version 3.0 from FEMA/FCC incorporates .100.1-mile geo-targeting capability which allows jurisdictions to notify residentsthe public with greater accuracy.

Since WEA messagesWEAs may have regional implications and may be received by residentsthe public in surrounding jurisdictions, the initiation of WEA messagesWEAs requires regional coordination which is the responsibility of the initiating Jurisdiction (See Section IV.

Communication).(See Section IV. Communication).

B. AlertSanDiego
The County of San Diego has institutedmaintains a regional notification system that is able to send telephonevoice, text, and email notifications, texts and emails to residents and businessespeople within San Diego County who may be impacted by, or are in danger of being impacted by, a disaster. This system (software), called, branded as AlertSanDiego, is used by emergency response personnel to notify residentsmembers of the public at risk with information about the event and/or protective actions (such as evacuation, shelter in place, gas leak, missing person at risk, etc.) It is Teletype/“Telecommunications Device for the Deaf” TTY/TDD capable.

The System has several feeds of contact information. The system utilizesingests the region's 9-1- 1 database, monthly. It is provided by the local telephone companies, which and includes both listed and unlisted landline phone numbers. It is TTY/TDD capable for voice notifications.

ResidentsMembers of the public are also able to self-register their Voice Over Internet Protocol (VoIP), cellular telephone numbers, and/or email addresses to receive notifications via phonevoice, text, email, and/or American Sign Language with English voice and text.

The System also ingests Confidential Customer Information (CCI) from San Diego Gas & Electric public utility data monthly. It is provided pursuant to Government Code section 8593.4.

Pursuant to the Non-Disclosure Agreement (Appendix C) the Jurisdiction is a Representative of the County of San Diego and it is hereby agreed to that the Jurisdiction is familiar with, and shall Formatted: Font: 11 pt, Pattern: Clear (White)
Alert & Warning MOA –January 2020 Aprilugust 2023

Page 3 of 13 ends

abide by, the terms of Appendix CD as though it were a party hereto.

C. Zonehaven
Zonehaven is an evacuation management software that is replacing the current public safety grids to select and define alerting areas during an incident. The zones have been created using several factors and have been reviewed and approved by each jurisdiction. The zones, as created, may cross jurisdictional lines.

Only County OES and the Sheriff’s Communications Center are authorized to activate the EAS.

Only County OES and the Sheriff’s Communications Center are authorized to send NWEM alerts.

A.C. WEA
If a jurisdiction’s public safety official (If a Jurisdiction’s Public Safety Official (i.e., Incident Commented [DM1]: Appendix D or C?
Commented [V(2R1]: C, thanks.

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------- H ------~ ----------------
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Command, or other authorized alerting authority as determined by the Jurisdiction) determines that the severity of an incident necessitates public alert through WEA, the Public Safety Official will request that a WEA is devised and sent out through their respective dispatch agency.the Jurisdiction’s authorized sender.

Use of the WEA system is solely authorized for imminent, severe, or extreme hazards.

Imminent, Severe, or extreme hazards are incidents where an emergency threatens, or is imminently expected to threaten, life, health, and/or property. WEA messagesWEAs must contain protective action instructions that recipients will follow to reduce vulnerability to an imminent and/or expected threat.

Protective action instructions include:

1. Shelter – Shelter in place

2. Evacuate – Relocate as instructed

3. Prepare – Make preparations

4. Execute – Execute a pre-planned activity

5. Avoid – Avoid the hazard

6. Monitor – Attend toFollow official information sources

7. All clear – The event no longer poses a threat or concern and the Shelter in place has ended.

It is the responsibility of the jurisdiction to inform the public of the end of an incident.

The system is generally not authorized for:

1. Missing person notifications, except AMBER alerts which are sent out by the Center for Missing and Exploited Children in cooperation with California Highway Patrol

2. Non-emergency weather alerts

3. Traffic problems

4. Parking restrictions

5. Street closures

6. Structure fires impacting limited populations

7. Crime information

8. Notifications to update residentsthe public on important programs or special events

9. Routine, informational and/or educational messages

10. Other events with limited impact
The system is not authorized for:

1. Any message of commercial nature

2. Any message of a political nature

3. Any non-official business (e.g. articles, retirement announcements, etc.) Commented [DM3]: Do we need to add this statement? It could be used against the County in the event that we fail to inform the public about the end of an emergency.

Commented [V(4R3]: Agreed. I'll advocate to the subcommittee for it's removal.
1 I
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B.D. AlertSanDiego
If a jurisdiction’sJurisdiction’s Public Safety Official, as determined by the Jurisdiction, determines that the severity of an incident necessitates public alert through AlertSanDiego, the public safety official will bePublic Safety Official is responsible for processing and disseminating the AlertSanDiego message.

Full Use (voice, text, email) of the AlertSanDiego system to contact registered, E-911, and utility data is authorized for the following purposes:

1. Imminent or, perceived, and/or expected threat to life and/or property

2. Disaster notifications

3. Evacuation notices

4. Public health emergencies

5. Any notification to provide emergency information to a defined community UseLimited use (text and email only, no voice) of AlertSanDiego email and text alerts forto contact registered mobile devices (not E-911 or utility data) are authorized for the following purposes:

1. Missing Persons at risk
A Missing Person at risk is defined in Penal Code 14215.B below:
“At-risk” means there is evidence of, or there are indications of, any of the following:
(1) The systemperson missing is the victim of a crime or foul play. (2) The person missing is in need of medical attention. (3) The person missing has no pattern of running away or disappearing. (4) The person missing may be the victim of parental abduction. (5) The person missing is mentally impaired, including cognitively impaired or developmentally disabled.

The System is not authorized for:

1. Routine, informational , and/or educational messages

2. Any message of commercial nature

3. Any message of a political nature

4. Any non-official business (e.g. articles, event notifications, retirement announcements, etc.) Formatted: Font: Bold
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Testing and training of the AlertSanDiego system is strictly limited to contact information uploaded by the Jurisdiction. No E-911, utility, or registered users may be notified without their prior written consent.

Jurisdictions shall, without delay, remove any and all persons no longer employed or otherwise unauthorized to issue Alert & Warning messages on behalf of the Jurisdiction from the System.

Jurisdictions shall verify that all users with access to the system:

1. Are current agents of the jurisdiction with authority to access the system

2. Have read, understand, and agree to the terms of the MOA

3. Have satisfied, at minimum, the training requirements set forth in this MOA

4. Have signed the Rules of Behavior

5. Have read and agreed to the Non-Disclosure Agreement

Should the need for Alert & Warning be determined by public safety officialsPublic Safety Officials, notification will be made by the initiating Jurisdiction to all potentially affected neighboring jurisdictions immediately. This may include, but not limited to, Unified Disaster Council member(s), Dispatch Agency(ies), Emergency Manager(s), and/or Special District(s), i.(e.g., Universities, Fire Protection Districts, Water Districts, etc.). This may be accomplished through a manual or an automated system.

B. Public
It is a best practice for the Jurisdiction to refer the public to their Jurisdiction’s official website Alert & Warning MOA –January 2020 Aprilugust 2023

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and/or Jurisdiction operated social media sites for further information regarding the emergency that warranted the Alert & Warning. If the website AlertSD.org, SDCountyEmergency.com or any other registered domain name that leads to SDCountyEmergency.comAlertSanDiego.org is used as part of an alert or warninga public Alert & Warning message, the Jurisdiction must providenotify County OES with informationof their intent to updatereference the site before the alert is sentwebsite immediately. The Jurisdiction is also responsible for providing regular updates to County OES so that the County OES website can be updated with the latest information about the disaster information.

Incomplete or imperfect information is not a valid reason to delay or avoid issuing a warningan Alert & Warning. Time is of the essence, as recipients of warnings will need time to consider, plan, and act after they receive aan Alert & Wwarning message. This is particularly true among individuals with disabilities and people with access and functional needs. They may require additional time to evacuate or may be at increased risk of harm without notification.

For all Alert & Warning messages sent, the initiating jurisdiction initiating the message shall be responsible for managing public and media questions, comments, or concerns arising from the message.

During a regional emergency, it is a best practice for all jurisdictions to coordinate Alert & Warning and Public Information through the Operational Area Emergency Operations Center.

By utilizing multiple modalities, there is a greater likelihood that people with disabilities or other access and functional needs will receive the Alert & Warning message.

V. RESPONSIBILITIES
A. Jurisdictions
All jurisdictions in the San Diego County Operational Area are responsible for the Alerting & Warning of their residentsthe people within their jurisdictional boundary of severe or extreme hazards that currently threaten or pose an imminent threat to life or property.

Commented [DM5]: See above.

Commented [V(6R5]: This is a hard sticking point with
jurisdictions since we are not following city lines. Essentially Del Mar can notify portions of San Diego along their border and the other way around. The system has in place automatic notifications, so that covers this. But if that piece should not work, the jurisdiction still needs to let the other jurisdiction know what's going on. It's a current state and national practice via NIMS and SEMS, we are just making it clear in the MOA.
,,
;I
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Jurisdiction will ensure that trained and authorized personnel are available to issue Alert & Warning 24 hours a day, 7 days a week through dispatch and/or other means. Jurisdiction Program Administrator will be responsible for vetting and verifying which employees have completed required trainings in order to obtain access to the AlertSanDiego, WEA, and WEA systemZonehaven systems (see Appendix A). Jurisdiction Program Administrators must be approved by the Jurisdiction Unified Disaster Council representative.

Jurisdictions will notify the County’s Office of Emergency Servicesshall, without delay, remove any and all employeespersons no longer employed or otherwise unauthorized to issue Alert & Warning messages on behalf of the Jurisdiction from the System.

Jurisdictions shall verify that all users with access to the system:

1. Are current agents of the jurisdiction with authority to access the system

2. Have read, understand, and agree to the terms of the MOA

3. Have satisfied, at minimum, the training requirements set forth in this MOA

4. Have signed the Rules of Behavior

5. Have read and agreed to the Non-Disclosure Agreement

6. Notify County OES that the above listed items have been verified B. State of California Alert & Warning Guidelines
All users agree to abide byconsider the State of California Alert & Warning Guidelines. The guidelines may be found online at www.CalAlerts.org
C. Training
AlertSanDiego and WEA
FEMA requires specific training for alert originators. For a step-by-step guide, please see Appendix A -Personnel Training Requirements. Initial train-the-trainer trainings will be available to the Jurisdiction by the System vendor. Trainings will then be provided to Jurisdiction administrators and communication center users. Ongoing training and refresher trainings can be provided upon request by a representative from the County.

Zonehaven
Initial Zonehaven train-the-trainer trainings will be available to the Jurisdiction by the System vendor. Trainings will then be provided to users at the administrative, communication centers, Formatted: Indent: Left: 0"
Commented [DM7]: It looks like these requirements are already listed above (Section III.E)
Commented [V(8R7]: The subcommittee was adamant about
listing them again to be crystal clear.

Commented [DM9]: They don't have to follow them?
Commented [V(10R9]: We confirmed they are guidelines and not requirements and we have a vision in the near future to become a bit more restrictive and innovative which would conflict with the guidelines. We assumed changing this verbiage gave us more leeway in that area.
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and field user levels. Ongoing training and refresher trainings can be provided upon request by a representative from the County.

2. Document and maintain jurisdictional specific security policies and procedures and produce such documentation in response to official audits, inquiries, and/or requests.

3. Provide physical security and system environmental safeguards for devices supporting system interoperability with IPAWS-OPEN.

4. Where applicable, ensure that only individuals who have successfully completed FEMA-required training can utilize the alert and warning systems addressed in this agreement.

5. Where applicable, document and maintain records of successful completion of FEMA-required training and produce such documentation in response to official inquiries and/or requests.

E. County OES and Sheriff
The Sheriff’s Communications Center and County OES are available to initiate requested WEA and AlertSanDiego messages from a Public Safety Official for emergencies affecting the unincorporated county area. If a WEA message is initiated, the County OES Staff Duty Officer (SDO) and Sheriff Watch Commander will coordinate the Communication requirements as outlined above in section III. Communication.

Should the need for Alert & Warning be determined by public safety officialsPublic Safety Officials, notification will be made by the initiating Jurisdiction to all potentially affected neighboring jurisdictions immediately. This may include, but is not limited to, Unified Disaster Council member(s), Dispatch Agency(ies), Emergency Manager(s), and/or Special District(s), i.) (e.g., Universities., Fire Protection Districts, and Water Districts, etc.) Only County OES and the Sheriff’s Communications Center can send Emergency Alert System (EAS) broadcasts and NWEM alerts through IPAWS. NWEMs will accompany all EAS broadcasts.

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The Sheriff’s Communications Center and County OES may be available to initiate requested WEA and AlertSanDiego messages from a Public Safety OfficialforOfficial through standard mutual aid processes for emergencies in incorporated county areas if the Jurisdiction is unable to do so.

County OES will conduct an annual audit of trained and authorized users to ensure users are still employed or otherwise still authorized to issue Alert & Warning on behalf of the Jurisdiction.

F. Unified Disaster Council (UDC) Alert & Warning Subcommittee The UDC Alert & Warning Subcommittee is a County-wide working group composed of participating City and County Agency Representatives. Coordinated by County OES, the UDC Alert & Warning Subcommittee shall meet semi-annually, following a major event, or as determined by the Unified Disaster Council and/or the Subcommittee, to conduct after action reviews of system usage, coordinate ongoing administration, modify policies and guidelines, or to address other issues related to Alert & Warning messages. All recommendations for substantive changes to this MOA shall be submitted to the Unified Disaster Council for approval.

G. Maintenance
This MOA will be maintainedreviewed once every four years, or upon request of the UDC or the Alert & Warning Subcommittee.

VI. GOVERNANCE
County OES will advise on Alert and Warning, in conjunction with the UDC Alert & Warning Subcommittee.

A. DEFENSE AND INDEMNITY

1. Claims Arising Fromfrom Sole Acts or Omissions of County The County of San Diego (“the County”) hereby agrees to defend and indemnify the [JURISDICTION] its agents, officers and employees (hereinafter collectively referred to in this paragraph as 'Jurisdiction'), from any claim, action or proceeding against the Jurisdiction, arising solely out of the acts or omissions of County in the performance of this Agreement. At its sole discretion, the Jurisdiction may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve County of any obligation imposed by this Agreement. The Jurisdiction shall notify the County promptly of any claim, action or proceeding and cooperate fully in the defense.

Commented [DM11]: What does it mean to maintain an MOA? Should this be "reviewed"?
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2. Claims Arising Fromfrom Sole Acts or Omissions of the Jurisdiction The Jurisdiction hereby agrees to defend and indemnify the County, its agents, officers and employees (hereafter collectively referred to in this paragraph as “ the County”) from any claim, action or proceeding against the County, arising solely out of the acts or omissions of the Jurisdiction in the performance of this Agreement. At its sole discretion, the County may participate at its own expense in the defense of any such claim, action or proceeding, but such participation shall not relieve the Jurisdiction of any obligation imposed by this Agreement. The County shall notify the Jurisdiction promptly of any claim, action or proceeding and cooperate fully in the defense.

3. Claims Arising Fromfrom Concurrent Acts or Omissions The County hereby agrees to defend itself, and the Jurisdiction hereby agrees to defend itself, from any claim, action or proceeding arising out of the concurrent acts or omissions of the County and the Jurisdiction. In such cases, the County and the Jurisdiction agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph E below.

6. Application of California Law
Nothing in thethis Agreement is intended to, nor shall it limit or alter the application of California law as it relates to actions against, or liability of, government entities under the California law, including, but not limited to, the California Government Claims Act (Government Code Section 810 et. seq.).

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11. Severability
The invalidity in whole or in part of any provision of this Agreement will not void or affect the validity of any other provisions of this Agreement.

Page 13 of 13 ends

VIII. SIGNATORY
Jeff Toney, Director, County of San Diego OES [Jurisdiction] City Manager Date: Date:

Alert & Warning MOA January 2020Aprilugust 2023 Page 1 of 6 Appendix A

TRAINING
I. PURPOSE
To ensure effective and efficient use of Alert & Warning, agencies must regularly train and exercise their Alert & Warning policies and procedures. It is recommended that jurisdictions create a training program consisting of readily available coursework divided into sections of system access and responsibilities.

II. POLICY
A. County of San Diego
The County of San Diego Office of Emergency Services and/or the Sheriff’s Department will offerbe available to provide upon request the below training to those authorized to initiate Alert & Warning, upon completion of training requirements as outlined in Section III, Training in this Appendix.

1. In person or video coursevirtual training on Wireless Emergency Alerts utilizing the AlertSanDiego system.

B. Jurisdiction
The Jurisdiction will ensure that staff they authorize to initiate Alert & Warning complete the minimum training requirements as identified by the Federal Government in Section III of this Appendix. Training is outlined below.

III. TRAINING
- The FEMA Individual Study (IS) course can be taken online at https://training.fema.gov/is/ - For all other courses, please go to the San Diego Urban Area Security Initiative Training and Exercise Calendar at https://sduasi.org/ or the California Specialized Training Institute Course Calendar at http://csti.org
A. Technician – as defined by California Alert & Warning Guidelines, is a level designed for those authorized to physically access and send Alert & Warnings (i.e. Dispatchers or other Public Safety Officials as determined by the Jurisdiction). Technician levelThe following minimum training is required Style Definition: Heading 1: Outline numbered + Level: 1 + Numbering Style: I, II, III, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0"
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Alert & Warning MOA January 2020Aprilugust 2023 Page 2 of 6 by FEMA and FCC for WEA and recommended for AlertSanDiego:

1. Alert & Warning system user training

2. IS-247a: 247: Integrated Public Alert and Warning System (IPAWS) For Alert Originators

1.3. IS-251 Integrated Public Alert and Warning System (IPAWS) For Alerting Authority Online Training (required under FEMA MOU) Administrators

2.4. IPAWS Rules of Behavior: Read, understand, and sign the IPAWS Rules of Behavior.

5. Review the Integrated Public Alert and Warning System (IPAWS) best practices at https://www.fema.gov/best-practices
B. Practitioner – as defined by California Alert & Warning Guidelines, is a level designed for those authorized to request message sends and craft messages (i.e.and/or request to have messages sent (i.e.

Incident Command or other Public Safety Officials as determined by the Jurisdiction). All coursework under the previousIt is recommended that practitioners complete all technician level as well astraining in addition to the following courses:

1. PER-304: Social Media for Natural Disaster Response and Recovery

2. G290-291: Basic PIO and JIC-JIS
C. Program Administrator – as defined by California Alert & Warning Guidelines, is a level designed for those overseeing the entire Alert & Warning program (i.e. Emergency Manager or other Public Safety Officials as determined by the Jurisdiction). All coursework under the previous two levels as well as: It is required that Program Administrators complete all Technician level training as well as the following:

1. Training from theAlert & Warning system vendors designed to teach technical skill sets within the systemtraining specific to data refresh and personnel management.

2. Training from local GIS professionals within the jurisdiction, as the system(s) in use requires geo-coding and/or shape files. San Diego utilizes the Regional Public Safety Grid (RPSG) and all users should be comfortable with this GIS function.

3.2. The individual shouldmust be knowledgeable in cross-jurisdictional coordination techniques within the jurisdiction. Recommended courses are:

In addition to the above required training, it is recommended that Program AdminstratorsAdministrators complete the following:

1. All Practitioner level training
a) L0388: Advanced Public Information Officer
b) 3. L-402: Liaison Officer
Program Administrators must be approved by the Jurisdiction’s Unified Disaster Council representative.

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Additionally, San Diego County OES also recommends an in person or video course on Wireless Emergency Alerts utilizing the AlertSanDiego system, coordinated through the County’s OES.

Additional information and tips to the Integrated Public Alert and Warning System (IPAWS) can be found at https://www.fema.gov/best-practices
IV. SYSTEM TESTING
A. Jurisdiction
There is no required system testing at the Jurisdictional level. It is recommended that Technicians, Practitioners, and Program Administrators, as outlined above, perform skills testing on a quarterly basis.

Internal AlertSanDiego testing may be performed by the Jurisdiction. All WEA System Tests should be coordinated through County OES.regular basis.

Any public facing Alert & Warning test must be coordinated through the Unified Disaster CouncilCounty OES.

B. County OES and Sheriff
The AlertSanDiego system will be tested no less than once per week by the County OES Staff Duty Officer. This test will not be public facing. No public Alert & Warning shall be sent as part of the test.

In coordination with Federal Requirements, the IPAWS (WEA) system will be tested no less than once per month by the County OES Staff Duty Officer. This test will not be public facing. No public Alert & Warning shall be sent as part of the test.

V. ALERT AND WARNING GUIDELINES
Agencies should always maintain alerting capability. Maintaining the capability is imperative as disasters may strike at any time, and jurisdictions are responsible for informing the public in a timely manner of the threat and protective actions to take.

Agencies should issue alert and warning messages as soon as feasible given the circumstances of the situation. Designated alerting staff should have ready and reasonable access to the AlertSanDiegoAlert & Warning system and be properly trained and well versed in how to operate the equipmentsystem.

Warning messages sent in error should be updated, clarified, or retracted immediately once the message has been confirmed as erroneous.

VI. MESSAGE DETAILS
It is recommended that Jurisdictions continue to utilize the Wireless Emergency Alert Request Form. This form has been standardized and used by dispatch agencies across San Diego.

Alert & Warning MOA January 2020Aprilugust 2023 Page 4 of 6 A. Descriptors and Parameters for WEA
IPAWS requires that one designator be selected from each of the following areas. Users should select the most appropriate designator for the situation.

2.1. Standard Alert & Warning Descriptors:

Event Type
- CDW: Civil Danger Warning
- CEM: Civil Emergency Message
- EQW: Earthquake Warning
- EVI: Evacuation Immediate
- FRW: Fire Warning
- HMW: Hazardous Materials
Warning
- LEW: Law Enforcement Warning
- LAE: Local Area Emergency
- NUW: Nuclear Power Plant Warning
- RHW: Radiological Hazard Warning
- SPW: Shelter in Place Warning
Category
- Geo: Geophysical (inc. landslide)
- Met: Meteorological (inc. flood)
- Safety: General emergency and
public safety
- Security: Law Enforcement, military,
homeland and local/private security
- Rescue: Rescue and recovery
- Fire: Fire suppression and rescue
- Health: Medical and public health
- Env: Pollution and other
environmental
- Transport: Public and private
transportation
- Infra: Utility, telecommunication,
other non-transport infrastructure
- CBRNE: Chemical, Biological,
Radiological, Nuclear or High-Yield
Explosive threat or attack
- Other: Other events
Response
- Shelter: Take shelter in place
- Evacuate: Relocate as instructed
- Prepare: Make Preparations
- Execute: Execute a pre-planned activity
- Avoid: Avoid the Subject events
- Monitor: Attend to information sources

3.2. Standard Alert & Warning Parameters:

Urgency
- Immediate
- Expected
Severity
- Extreme
- Severe
Certainty
- Observed
- Likely
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Alert & Warning MOA January 2020Aprilugust 2023 Page 5 of 6 B. Message Requirements

2.1. Duration of WEA Message Broadcast - Minimum 15 minutes – Maximum 24 hours.

Broadcast duration is situationally dependent, and determines how long messages are received by new phones that enter the impacted area. If a jurisdiction determines that the incident has concluded before the scheduled expiration, they should initiate a “force expiration” of the alert to avoid unnecessary alerting.

3.2. WEA Messages must provide clear direction on protective actions and include:
a) Source; This will be the agency sending the Alert & Warning b) Threat; This will be the reason why the Alert & Warning is being issued c) Location; Be as specific as possible about the area affected d) Guidance; Use plain language when guiding the public to take action, if applicable identify timing
e) Additional information; Where residents can go for additional information; This can be issuingthe Jurisdiction’s website/social media
*Note: It is a best practice for the Jurisdiction to refer the public to their Jurisdiction’s official website or Jurisdiction operated social media sites for further information regarding the emergency that warranted the Alert & Warning. If the website AlertSD.org, SDCountyEmergency.com or any other registered domain name that leads to SDCountyEmergency.comAlertSanDiego.org is used as part of an alert or warninga public Alert & Warning message, the Jurisdiction must providenotify County OES with informationof their intent to update the site beforereference the alert is sentwebsite immediately. The Jurisdiction is also responsible for providing regular updates to County OES so that the website can be updated with the latest information about the disaster.

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Alert & Warning MOA January 2020Aprilugust 2023 Page 6 of 6 THREAT
Describe the event and its impact
State the impact area boundaries
in a way that can be understood
(e.g. use street names,
landmarks, natural features, and
political boundaries)

LOCATION
Tell people where to get more
information (e.g. website)

ADDITIONAL INFO
Tell people what protective
action to take, the time when to
do it, how to accomplish it, and
how doing it reduces risk

GUIDANCE/TIME
SOURCE
Say who the message is from
EXAMPLE (90 characters):

SD Sheriff-Wildfire affecting Ramona-Evacuate via
SR67-Tune to local media and AlertSD.org
SD Sheriff- Wildfire Affecting RamonaEvacuate via SR67- Tune to local media and AlertSD.org

SOURCE THREAT LOCATION

GUIDANCE/TIME

ADDITIONAL INFO
C. Examples
EXAMPLE (360 characters):

The National Weather Service has issued a TSUNAMI WARNING for San Diego County. A series of powerful waves and strong currents may impact beaches in San Diego. Get away from coastal waters, you are in danger. Move to high ground or inland now. Keep away from the coasts until local officials say it is safe to return. For more information go to www.AlertSD.org TUDCAT
I
State the impact area boundaries
- - . - ....... _ ... --- .... _ -.J-~-•--.J
Tell people what protective I I I •
. --·-·-·· •• ···-- Tell people where to get more _,c ____ .._ -- 1_ - -L- ..__, Alert & Warning MOA January 2020 Page 1 of 4
Appendix B
IPAWS-OPEN Rules of Behavior
*Note: The below Rules of Behavior have been established by the Federal Emergency Management Agency (FEMA)

1.0 INTRODUCTION
The following rules of behavior apply to all persons with application access to San Diego County Office of Emergency Services Alert and Warning System(s). These individuals shall be held accountable for their actions related to the public alert and warning resources entrusted to them and must comply with the following rules or risk losing access privileges. The Rules of Behavior apply to users on official travel as well as at their primary workplace (e.g., Emergency Operations Center – EOC) and at any alternative workplace (e.g., telecommuting from a remote or satellite site) using any electronic device including laptop computers and portable electronic devices (PED’s). PED’s include cell phones, tablets, and plug-in and wireless peripherals that employ removable media (e.g. CDs, DVDs, etc.). PEDs also encompass USB flash memory (thumb) drives and external drives. These Rules of Behavior are consistent with existing DHS policies and DHS Information Technology (IT) Security directives and are intended to enhance the awareness of each user’s responsibilities regarding accessing, storing, receiving and/or transmitting information using IPAWS-OPEN.

2.0 APPLICATION RULES

2.1 Official Use
• IPAWS-OPEN is a Federal application to be used only in the performance of the user’s official duties in support of public safety as described in the National Incident Management System (NIMS).
• The use of the IPAWS-OPEN for unauthorized activities is prohibited and could result in verbal or written warning, loss of access rights, and/or criminal or civil prosecution. • By utilizing IPAWS-OPEN, the user of the interoperable system(s) consents to allow system monitoring to ensure appropriate usage for public safety is being observed. • If software interoperating with IPAWS-OPEN enables users to geo-target public alert messages by means of geospatial polygons or circles, then the user shall restrict any such geospatial boundaries so as to remain within the geographical limits of their public warning authority (or as near as possible).

2.2 Access Security
• All Email addresses provided in connection with interoperable system(s) user accounts must be associated to an approved email, approved by the user’s emergency management organization. The use of personal email accounts to support emergency messaging through IPAWS-OPEN is prohibited.

Alert & Warning MOA January 2020 Page 2 of 4
• Every interoperable system user is responsible for remote access security as it relates to their use of IPAWS-OPEN and shall abide by these Rules of Behavior.

2.3 Interoperable System User Accounts and Passwords
• All users must have a discrete user account ID which cannot be the user’s social security number. To protect against unauthorized access, passwords linked to the user ID are used to identify and authenticate authorized users.
• Accounts and passwords shall not be transferred or shared. The sharing of both a user ID and associated password with anyone (including administrators) is prohibited. • Accounts and passwords shall be protected from disclosure and writing passwords down or electronically storing them on a medium that is accessible by others is prohibited. • The selection of passwords must be complex and include:
o At least eight characters in length
o At least two (02) upper case and two (02) lower case letters o At least two (02) numbers and one (01) special character. • Passwords must not contain names, repetitive patterns, dictionary words, product names, personal identifying information (e.g., birthdates, SSN, phone number), and must not be the same as the user ID.
• Users are required to change their passwords at least once every 90 days. • Passwords must be promptly changed whenever a compromise of a password is known or suspected.

2.4 Integrity Controls & Data Protection
• All computer workstations accessing IPAWS-OPEN must be protected by up-to-date anti-virus software. Virus scans must be performed on a periodic basis and when notified by the anti-virus software.
• Users accessing interoperable system(s) to utilize IPAWS-OPEN must:
o Physically protect computing devices such as laptops, PEDs, smartphones, etc; o Protect sensitive data sent to or received from IPAWS-OPEN; o Not use peer-to-peer (P2P) file sharing, which can provide a mechanism for the spreading of viruses and put sensitive information at risk; Alert & Warning MOA January 2020 Page 3 of 4
o Not program computing devices with automatic sign-on sequences, passwords or access credentials when utilizing IPAWS-OPEN.

Users may not provide personal or official IPAWS-OPEN information solicited by e-mail. If e-mail messages are received from any source requesting personal information or asking to verify accounts or other authentication credentials, immediately report this and provide the questionable e-mail to the Local System Administrator and/or the San Diego County Office of Emergency Services Help Desk.
• Only devices officially issued through or approved by DHS, FEMA and/or approved emergency management organizations are authorized for use to interoperate with IPAWSOPEN and use of personal devices to access and/or store IPAWS-OPEN data and information is prohibited.
• If a smartphone or other PED is used to access the interoperable system(s) to utilize IPAWS- OPEN, the device must be password protected and configured to timeout or lock after 10 minutes of inactivity.
• If sensitive information is processed, stored, or transmitted on wireless devices, it must be encrypted using approved encryption methods.

2.5 System Access Agreement
• I understand that I am given access to the interoperable system(s) and IPAWS-OPEN to perform my official duties.
• I will not attempt to access data, information or applications I am not authorized to access nor bypass access control measures.
• I will not provide or knowingly allow other individuals to use my account credentials to access the interoperable system(s) and IPAWS-OPEN. • To prevent and deter others from gaining unauthorized access to sensitive resources, I will log off or lock my computer workstation or will use a password-protected screensaver whenever I step away from my work area, even for a short time and I will log off when I leave for the day.
• To prevent others from obtaining my password via “shoulder surfing”, I will shield my keyboard from view as I enter my password.
• I will not engage in, encourage, or conceal any hacking or cracking, denial of service, unauthorized tampering, or unauthorized attempted use of (or deliberate disruption of) any data or component within the interoperable system(s) and IPAWS-OPEN. • I agree to inform my Local System Administrator when access to the interoperable system(s) and/or IPAWS- OPEN is no longer required.

Alert & Warning MOA January 2020 Page 4 of 4
• I agree that I have completed a locally delivered Computer Security Awareness type training prior to my initial access to the interoperable system(s) and IPAWS-OPEN and that as long as I have continued access, I will complete a locally delivered Computer Security Awareness type training on an annual basis. Locally delivered trainings are trainings delivered by your local jurisdiction, a local jurisdiction within the County, the County, or the State.

2.6 Accountability
• I understand that I have no expectation of privacy while using any services or programs interoperating with IPAWS-OPEN.
• I understand that I will be held accountable for my actions while accessing and using interoperable system(s) and IPAWS-OPEN, including any other connected systems and IT resources.
• I understand it is my responsibility to protect sensitive information from disclosure to unauthorized persons or groups.
• I understand that I must comply with all software copyrights and licenses pertaining to the use of IPAWS- OPEN.

2.7 Incident Reporting
• I will promptly report IT security incidents, or any incidents of suspected fraud, waste or misuse of systems to the Local System Administrator and the San Diego County Office of Emergency Services.

3.0 IPAWS-OPEN Rules of Behavior Statement of Acknowledgement I have read and agree to comply with the requirements of these Rules of Behavior. I understand that the terms of this agreement are a condition of my initial and continued access to San Diego County Office of Emergency Services Alert and Warning System(s) and IPAWS-OPEN and related services and that if I fail to abide by the terms of these Rules of Behavior, my access to any and all IPAWS-OPEN information systems may be terminated and I may be subject to criminal or civil prosecution. I have read and presently understand the above conditions and restrictions concerning my access.

Name (Print):

Signature: Date:
1 INFORMATION SHARING AND NONDISCLOSURE AGREEMENT
This Information Sharing and Nondisclosure Agreement is made as of February __, 2022 Effective Date San Diego Gas & Electric Company, a California corporation Company and CSD . The parties hereby agree as follows:

1. Definition of Confidential Information.

1.1 Confidential Information means the names, addresses, telephone numbers, and email addresses Confidential Information
does not include information (1) known to CSD or its Representatives prior to obtaining same from Company; (2) in the public domain at the time of disclosure by the Company; (3) lawfully obtained by the CSD or its Representative from a third party who did not receive same, directly or indirectly, from Company; (4) that is or was independently developed by persons who had no access to the Confidential Information; or (5) approved for release by written authorization of an authorized representative of the Company. Any party claiming that any of the foregoing five exceptions apply will have the burden of proof to establish such applicability.

1.2 Representatives liates, agents, and/or
advisors.

2. Access to Confidential Information. Company shall provide Confidential Information to CSD for the sole purpose of enrolling CSD residents in a County-operated or city-operated public emergency warning system.

3. Notification and Opt-Out. CSD shall notify the individuals listed in the Confidential Information when they are enrolled in the public emergency warning system. This notification will include a process purposes of the warning system.

4. Limited Use; Nondisclosure. CSD hereby agrees that it shall use the Confidential Information solely for the purpose of enrolling and providing notifications to CSD residents in a County-operated or city-operated public emergency warning system consistent with the provisions of Government Code section 8593.4. CSD shall ensure the confidentiality of the Confidential Information is protected under reasonable security procedures, and shall not disclose Confidential Information to any individual other than a Representative. Except as otherwise provided herein, CSD will keep confidential and not disclose the Confidential Information. CSD shall cause each of its Representatives to become familiar with, and abide by, the terms of this Agreement as though it was a party hereto. CSD shall ensure that a local government or a third-party contractor or agent that assists with or administers the emergency warning system may not use the Confidential Information for any purpose other than for emergency notification consistent with Government Code section 8593.4.

5. Court or Administrative Order. Notwithstanding the provisions of Article 2 above, CSD and its Representatives may disclose any of the Confidential Information in the event, but only to the extent, that, based upon reasonable advice of counsel, it is required to do so by the disclosure requirements of any law, rule, or regulation or any order, decree, subpoena or ruling or other similar process of any court, securities exchange, governmental agency or governmental or regulatory authority. To the extent allowed by law, prior to making or permitting any of its Representatives to make such disclosure, CSD shall provide Company with prompt written notice of any such requirement so that the Company (with CSD assistance, at xpense) may seek a protective order or other appropriate remedy.

6. Document Retention. At any time when the Confidential Information is no longer needed for the public emergency warning system, CSD shall promptly deliver to Company or destroy (with such destruction to be certified to the Company) all portions of documents (and all copies thereof, however stored) furnished to or prepared by CSD and its Representatives that contain or are based on or derived ("Agreement")
(" _____ ") between (" ___ ")
County of San Diego (" __ ")
" "
of Company's accountholders residing in the County of San Diego. " ______ " means directors, officers, employees, partners, affi to opt out of the warning system and terminate CSD's access to the individual's contact information for Company's
's
Company's e
2 from Confidential Information and all other portions of documents in CSD possession that contain or that are based on or derived from Confidential Information (to the extent so derived). This same pursuant to section 3 of this Agreement. Notwithstanding the foregoing, CSD will not be required to return or destroy Confidential Information that has been created solely by CSD automatic archiving and back-up procedures, but only to the extent created and retained in a manner consistent with such procedures and not for any other purpose, and provided that such automatically archived or backed-up copies will be subject to the confidentiality provisions of this Agreement.

7. Term; Survival. The term of this Agreement shall commence on the Effective Date and shall continue until terminated by mutual agreement of the parties in writing or until all Confidential Information is destroyed or returned to Company by CSD. However, the obligations and restrictions on CSD set forth herein, and the C
force and effect with respect to Confidential Information while any part of the Confidential Information is possessed by CSD. Moreover, CSD represents, warrants, and covenants that security procedures and practices appropriate to the nature of Confidential Information involved are in place and will be used at all times with respect thereto to protect it from unauthorized access, destruction, use, modification, or disclosure. Without limiting the generality of the foregoing or any other provision of this Agreement, CSD shall access, collect, store, use, and disclose the Confidential Information under policies, practices and notification requirements no less protective than those under which Company operates.

8. Assignment. Neither party shall permit this Agreement or any of its rights or obligations hereunder to be assigned or delegated voluntarily, involuntarily, by merger, consolidation, dissolution, operation of law, or any other manner, without prior written consent (which consent may not be unreasonably withheld), and any attempted assignment without such consent will be null and void.

9. Remedies. The parties acknowledge that the Confidential Information is valuable and unique and that damages would be an inadequate remedy for breach of this Agreement, and the obligations of each party and its Representatives are specifically enforceable. Accordingly, the parties agree that in the event of a breach or threatened breach of this Agreement by CSD, the Company shall be entitled to seek an injunction preventing such breach, without the necessity of proving damages or posting any bond. Any such relief shall be in addition to, and not in lieu of, money damages or any other available legal or equitable remedy. Neither party nor any of its Representatives shall have any liability to any other party or its Representatives for any special, indirect, incidental or consequential loss or damage whatsoever, including, without limitation, lost profits or lost investment opportunity, even if such party has been advised in advance that such damages could occur.

10. Other Business Opportunities. The holding of discussions between the parties and the disclosure of Confidential Information shall not be construed as an obligation on the part of either party to refrain from engaging at any time in the same business or any business similar or dissimilar to the business in which the other party is now engaged. Further, except as otherwise agreed in writing, Confidential Information received concerning the Company future plans is tentative and does not represent firm decisions or commitments by either party. Either party may meet with third persons and may receive information similar to the Confidential Information which the party received under this Agreement.

11. No Implied Licenses. Nothing in this Agreement will be construed as granting any rights to CSD, by license or otherwise, to any of the Company s Confidential Information, except as specifically stated in this Agreement.

12. No Warranty. Each party acknowledges and agrees that the Company and its Representatives make no express or implied representation or warranty as to the accuracy or completeness of the Confidential Information and that the Company and its Representatives shall have no liability relating to or arising from the use of the Confidential Information or for any errors therein or omissions therefrom.

13. No Waiver. It is understood and agreed that no failure or delay by either party in exercising any right, power or privilege available hereunder or under applicable law shall operate as a waiver thereof, nor 's
procedure shall apply to the contact information of an individual who has terminated CSD's access 's
ompany's rights to enforce the same, shall nevertheless remain in full the other party's
's
3 shall any single or partial exercise thereof preclude any other or further exercise thereof of any other such right, power or privilege.

14. Entire Agreement; Amendment; Counterparts. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and may be amended only in writing signed by both parties. This Agreement supersedes any previous confidentiality or nondisclosure agreement or contractual provisions between the parties to the extent they relate to the subject matter hereof. This Agreement may be executed by the parties hereto on any number of separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Agreement by electronic means, including an attachment to an email, shall be effective as delivery of an executed original counterpart of this Agreement.

15. Governing Law. The formation, interpretation and performance of this Agreement shall be governed by the internal laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction.

16. . If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover from the unsuccessful party all costs, expenses (including expert testimony) and reasonable attorneys fees, including allocated costs and fees of in-house counsel, incurred therein by the prevailing party.

17. Venue and Jurisdiction. In the event of any litigation to enforce or interpret any terms of this Agreement, the parties agree that such action will be brought in the Superior Court of the County of San Diego, California (or, if the federal courts have exclusive jurisdiction over the subject matter of the dispute, in the U.S. District Court for the Southern District of California), and the parties hereby submit to the exclusive jurisdiction of such courts.

18. Notices. Any notice, request, claim, demand, or other communication between the Parties required or permitted by this Agreement, or otherwise made in connection with this Agreement must be in writing and will be deemed effective: (a) when delivered in person; (b) on the next business day if transmitted by national overnight courier to a physical address (not a PO Box), with confirmation of delivery; (c) upon transmission if sent by electronic mail, provided that the sender shall also either send a hard copy of the notice on the same business day in accordance with one of the other transmission methods as confirmation of delivery or obtain written acknowledgement of receipt of the notice from the recipient. In each of the foregoing cases, notice must be addressed as follows (or at such other address for a Party as specified in a notice given in accordance with this Article):

If to Company:

San Diego Gas & Electric Company
8330 Century Park Court, SD1340
San Diego, CA 92123
Email: [email protected]
Attention: Thom Porter
With a copy to:

San Diego Gas & Electric Company
8330 Century Park Court, CP32A
San Diego, CA 92123
Email: [email protected]
Attention: General Counsel
If to CSD:

Jeff Toney
San Diego County Office of Emergency
Services
5580 Overland Avenue, Suite 100
San Diego, CA 92123
Email: [email protected]
Attention: Jeff Toney
With a copy to:

Mark Day
Senior Deputy County Counsel
1600 Pacific Highway, Room 355
San Diego, CA 92101
Email: [email protected]
Attention: Mark Day
Attorneys' Fees
4 These addresses may be changed by written notice to the other party provided that no notice of a change of address shall be effective until actual receipt of the notice. Copies of notices are for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice.

19. Savings Clause; Effect of Uniform Trade Secrets Act. If any provision of this Agreement or the application thereof to any person, place, or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of the Agreement and such provisions as applied to other persons, places, and circumstances shall remain in full force and effect. In the event of any conflict between any provision hereof and any provision of the Uniform Trade Secrets Act of California, the provision affording the greater degree of protection to the Company shall control.

IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its authorized representative as of the Effective Date.

COUNTY OF SAN DIEGO

By:

Name: Jeff Toney
Title: Director, San Diego Office of
Emergency Services

SAN DIEGO GAS & ELECTRIC COMPANY,
a California corporation
By:

Name: John D. Jenkins
Title: Vice President Electric Systems
Operations
Approved as to legal form:
e-Signed by Jeff D. Toney
F.B.

COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # A.5.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: September 27, 2023
ORIGINATING DEPT: Fire Department
SUBJECT: City Council Consideration of Resolution 2023-109 Accepting $11,200 in 2022 State Homeland Security
Program Grant Funds for the Purchase of Structural
Firefighting Turnouts
BACKGROUND:

Activities implemented under State Homeland Security Program (SHSP) grants must support terrorism preparedness by building or enhancing capabilities that relate to the prevention of, protection from, response to and recovery from terrorism in order to be considered eligible. Many capabilities which support terrorism preparedness simultaneously support preparedness for other hazards and catastrophic incidents. The activities must also align with the national, state, and urban area strategic objectives.

Structural firefighting turnouts are a type of personal protective equipment used by firefighters as an outer layer of uniform worn during a fire emergency. These turnouts have high-flame-resistant properties with thicker protective layers but are lightweight enough to allow for comfortable movement in a crisis. Purchase of these turnouts are eligible for SHSP grant funding.

This item is before the City Council to request approval of Resolution 2023-109 (Attachment 1) accepting $11,200 in 2022 State Homeland Security Program grant funds for the purchase of structural firefighting turnouts.

DISCUSSION:

The City is directly receiving a total of $11,200 awarded through the County of San Diego under SHSP for Federal Fiscal Year 2022 (Attachment 2). The funding allocated to the City will enhance its preparedness, prevention, and response capabilities. SHSP grant funds can only be expended on equipment authorized for purchase by the Department of September 27, 2023
SHSP Grant Award –Turnouts

Page 2 of 3 ends

Homeland Security. The City will apply the $11,200 of the funds from the 2022 program to purchase multiple sets of structural firefighting turnouts.

This Federal grant is a reimbursement grant and requires the City to expend funds prior to requesting reimbursement. Under SHSP, expenditures must be made by the grant recipient and the reimbursement requested from the County of San Diego Office of Emergency Services. Presently, the deadline to expend funds and request reimbursement is May 31, 2024.

The State of California administers the grant and requires all grant recipients to adhere to the FY 2022 State Grant Program Standard Assurances, which outlines policies and regulations pertaining to the use of federal grant funds (Attachment 3).

CEQA COMPLIANCE STATEMENT:

Not a project as defined by CEQA.

FISCAL IMPACT:

There is no negative fiscal impact associated with this action. The City is not required to provide a matching or cost share for grants under SHSP, nor is it required to fund the replacement of grant funded equipment in the future (at the end of its useful life). Staff does not anticipate incurring any significant increase in costs for maintaining the equipment during its lifespan.

A budget amendment is needed in the Public Safety Special Revenue fund to record the expected grant revenue and related expenditure amount of $11,200.

WORK PLAN:

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

DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council approve Resolution 2023-109:

1. Accepting $11,200 in federal funds from a 2022 State Homeland Security Program (SHSP) grant awarded to the City of Solana Beach for the purchase of structural firefighting turnouts.

September 27, 2023
SHSP Grant Award –Turnouts

Page 3 of 3 ends

2. Authorizing the City Manager, or his designee, to sign and submit the required California Governor's Office of Emergency Services Fiscal Year (FY) 2022 Standard Assurances for Cal OES Federal Non-Disaster Grant Programs.

3. Approving a budget amendment of $11,200 to the Federal Grant revenue account and the Minor Equipment expenditure account for the Fire Department both in the Public Safety Special Revenue fund.

4. Authorizing the City Treasurer to amend the FY 2023/24 Adopted Budget accordingly.

CITY MANAGER’S RECOMMENDATION:

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

1. Resolution 2023-109

2. FY 2022 San Diego County Office of Emergency Services Award Letter to Jurisdictions

3. California Governor’s Office of Emergency Services Standard Assurances for Cal OES Federal Non-Disaster Grant Programs

4. FY 2022 State Homeland Security Program (SHSP) Grant Approved Allocation RESOLUTION 2023-109

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, APPROVING THE

PURCHASE OF STRUCTURAL FIREFIGHTING
TURNOUTS IN THE AMOUNT OF $11,200 AND

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE

TO EXECUTE THE SHSP STANDARD ASSURANCES FOR

CAL OES FEDERAL NON-DISASTER GRANT PROGRAM

DOCUMENT
WHEREAS, Fire Department personnel wear structural firefighting turnouts as personal protective equipment during fire emergencies; and WHEREAS, the Solana Beach Fire Department received a grant through the State Homeland Security Grant Program (SHSP) in the amount of $11,200 for the purchase of structural firefighting turnouts; and
WHEREAS, a Standard Assurances for Cal OES Federal Non-Disaster Grant Program document needs to be executed in order to receive these grant funds.

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 $11,200 in federal funds from a 2022 State Homeland Security Program grant awarded to the City of Solana Beach for the purchase of structural firefighting turnouts.

3. That the City Council authorizes the City Manager, or his designee, to sign and submit the required California Governor’s Office of Emergency Services Fiscal Year 2022 Standard Assurances for Cal OES Federal Non-Disaster Grant Program document and any other documents necessary to receive the grant funds.

4. That the City Council authorizes the budget amendment of $11,200 to the Federal Grant revenue account and Minor Equipment expenditure account for the Fire Department both in the Public Safety Special Revenue Fund.

5. That the City Council authorizes the City Treasurer to amend the FY 2023/24 Adopted Budget accordingly.

Resolution 2023 - 109
SHSP Grant Award – Turnouts

Page 2 of 2 ends

PASSED AND ADOPTED this 27th day of September, 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 -
ABESENT: Councilmembers -
________________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
_______________________________ ________________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk County of San Diego Office of Emergency
Services
5580 Overland Ave., Suite 100
San Diego, CA 92123-1251
Phone: (858) 565-3490 Fax: (858) 565-3499
Email: [email protected]
2/7/2023
City of Solana Beach
505 S Vulcan Avenue
Encinitas, CA 92024
SUBJECT: NOTIFICATION OF FEDERAL FUNDING AWARD
FY 2022 Homeland Security Grant Program (HSGP)
Subaward #2022-0043, Cal OES ID #073-00000
The purpose of this letter is to notify you that the County of San Diego Office of Emergency Services has approved your FY2022 SHSP award in the amount of $11,200 as listed below:

Subrecipient Name:

Subrecipient UEI:

Federal Award ID (FAIN)
Subaward Period of Performance:

Subrecipient Award Amount:

Federal Award Project Description:

Federal Awarding Agency:

CFDA Number:

Research & Development Award (Y/N):

Indirect Cost Rate:

Match Requirement:

City of Solana Beach
ZZ6EMQMRKDQ4
EMW-2022-SS-00043
09/01/22 to 05/31/24
$11,200
Implementation of homeland security management grant
to support state, local, tribal and territorial efforts to prevent terrorism and other catastrophic events.

US Department of Homeland Security

97.067/Homeland Security Grant Program
No
N/A
N/A
This grant award is subject to all provisions of Uniform Guidance (2 CFR Part 200), which can be accessed at www.ecfr.gov. Non-federal entities that expend $750,000 or more annually in Federal Awards must have a Single Audit performed each year. Please forward a copy of your most current Single Audit report to the contact below.

Subrecipients are to comply with all applicable federal, state, and local Environmental Planning and Historic Preservation (EHP) requirements. Additionally, Aviation/Watercraft requests, Establish/Enhance Emergency Operations Center projects, projects requiring EHP review, and Noncompetitive Procurement requests require additional approvals. Subrecipients must obtain written approval for these activities prior to incurring any costs, in order to be reimbursed for any related costs under this Grant Subaward.

Subrecipients are also required to obtain a Performance Bond prior to the purchase of any equipment item over $250,000, including any Aviation or Watercraft financed with Homeland Security dollars.

Performance Bonds must be submitted to the contact below no later than the time of reimbursement.

Please complete and return the attached OES Grant Management Assessment Questionnaire, 2022 Grant Assurances and Signature Authorization Form, current Procurement Policies and Salvage Guidelines.

A hard copy of the Grant Assurances and Signature Authorization Forms must be mailed.

Your performance period ends May 31, 2024. Please submit your reimbursement requests in a timely manner, no later than June 30, 2024.

Unified San Diego Countv Emergency Services Organization CARLSBAD -CHULA VISTA -CORONADO -COUNTY OF SAN DIEGO -DEL MAR •EL CAJON •ENCINITAS •ESCONDIDO-,MPERIAL BEACH-LA MESA LEMON GROVE• NATIONAL CITY-OCEANSIDE •POWAY •SAN DIEGO •SAN MARCOS •SANTEE •SOLANA BEACH •VISTA For further assistance, please contact Val Dama at (858) 289-2883 or [email protected] Sincerely,
Kurian,
Martin
Digitally signed by Kurian.

Martin
Date: 2023.02.1 0
08:19:13 --08'00'
Martin Kurian, Departmental Budget Manager
County of San Diego, Office of Emergency Services
Attachments: OES Grant Management Assessment Questionnaire 2022 Grant Assurances
SHSP 2022 Approved FMFW
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

Page 1 of 14 ends

As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
CalOES

GOVERNOR' S OFFICE

OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

Page 2 of 14 ends

(d) Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.

This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

CalOES
OOV£RNOR 'S OFFICE

OF EMER GENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

Page 3 of 14 ends

The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.

Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:

CalOES
OOV£RNOR 'S OFFICE

OF EMER GENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

Page 4 of 14 ends

(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discriminationon the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; CalOES
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(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable.

FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
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(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 etseq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);
(m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wildand scenic rivers system.

The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.

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8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.

9. Cooperation and Access to Records
All Applicants must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance.

12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $30,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R.

Part 170 Reporting Subaward and Executive Compensation Information.

13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.

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14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.

16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
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(c) Assist the awarding agency in assuring compliance with Section 106 of the (d) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and
(e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications;and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.

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20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

NONPROFIT SECURITY GRANT PROGRAM (NSGP) –

PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS

21. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collectPII are required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.

24. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.

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25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

28. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942.

29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.

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30. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through nonfederal sources.

31. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.

No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

32. SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

33. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.

34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

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35. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.

37. Performance Goals
In addition to the Biannual Strategy Implementation Report (BSIR) submission requirements outlined in the Preparedness Grants Manual, subrecipients must demonstrate how the grant-funded project addressed the core capability associated with this project. The capability gap reduction must be addressed in the Project Description of the BSIR for each project.

38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

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IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2021, Version 11.4, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

Subrecipient:

Signature of Authorized Agent:

Printed Name of Authorized Agent:

Title: Date:

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JURISDICTION
CITIES
LE - 25% of
FY21
Allocation
Non-LE
Allocation TOTAL
Sworn LE
Personnel
Figures
(2021)
LE - 30% of
FY21
Allocation
Non-LE
Population
(2021)
Non-LE
Allocation TOTAL
% Change
from
FY2021 to
FY2022
CARLSBAD 18,412 64,909 83,321 132 21,061 115,501 56,787 77,848 -6.57% CHULA VISTA 31,971 147,469 179,440 275 43,877 274,449 128,053 171,930 -4.19% CORONADO 6,137 16,191 22,328 46 7,339 22,357 15,024 22,363 0.16% DEL MAR - 7,234 7,234 - - 4,258 6,909 6,909 -4.49%
EL CAJON 17,984 59,639 77,623 123 19,625 103,243 51,290 70,915 -8.64% ENCINITAS - 37,546 37,546 - - 62,289 32,928 32,928 -12.30% ESCONDIDO 22,694 85,083 107,777 154 24,571 151,688 73,012 97,583 -9.46% ESCONDIDO RINCON DEL DIABLO - 7,142 7,142 - - - 6,289 6,289 -11.94% IMPERIAL BEACH - 19,684 19,684 - - 27,774 17,453 17,453 -11.33% LA MESA 9,848 36,386 46,234 70 11,169 59,578 31,713 42,882 -7.25% LEMON GROVE - 18,884 18,884 - - 26,345 16,812 16,812 -10.97% NATIONAL CITY 13,559 37,502 51,061 86 13,721 62,749 33,134 46,855 -8.24% NATIONAL CITY - LINCOLN ACRES - 827 827 - - - 723 723 -12.58% OCEANSIDE 32,113 97,816 129,929 226 36,059 176,754 84,250 120,309 -7.40% POWAY - 30,823 30,823 - - 48,936 26,941 26,941 -12.59%
SAN DIEGO 291,590 - 291,590 2,036 324,847 - - 324,847 11.41% SAN MARCOS - 55,878 55,878 - - 96,302 48,178 48,178 -13.78% SAN MARCOS FPD - 7,402 7,402 - - - 6,566 6,566 -11.29%
SANTEE - 35,356 35,356 - - 56,800 30,467 30,467 -13.83% SOLANA BEACH - 12,243 12,243 - - 13,827 11,200 11,200 -8.52% VISTA - 58,872 58,872 - - 103,268 51,302 51,302 -12.86% VISTA FPD - 10,858 10,858 - - - 9,179 9,179 -15.46%
TOTAL CITIES 444,308 847,744 1,292,052 3,148 502,269 1,406,118 738,210 1,240,479 -3.99%

FIRE DISTRICTS/OTHER
ALPINE FPD - 13,492 13,492 - - 16,224 12,274 12,274 -9.03% DEER SPRINGS FPD - 11,407 11,407 - - 12,242 10,489 10,489 -8.05% LAKESIDE FPD - 38,411 38,411 - - 63,835 33,621 33,621 -12.47% NORTH COUNTY FPD - 32,415 32,415 - - 52,380 28,485 28,485 -12.12% PORT OF SAN DIEGO 19,125 - 19,125 140 22,337 - - 22,337 16.79% RANCHO SANTA FE FPD - 22,904 22,904 - - 34,208 20,338 20,338 -11.20% SAN MIGUEL FPD - 71,006 71,006 - - 126,111 61,544 61,544 -13.33% VALLEY CENTER FPD - 13,567 13,567 - - 16,367 12,338 12,338 -9.06% TOTAL FIRE DISTRICTS/OTHER 19,125 203,202 222,327 140 22,337 321,367 179,090 201,427.00 -9.40% 2-1-1 SAN DIEGO CONTRACT 70,000 70,000 70,000 70,000 0.00%

COUNTY DEPTS
UDC SHARE 0 102,357 102,357 - - - 102,357 102,357 0.00% M&A (5%) 0 168,160 168,160 - - - 160,535 160,535 -4.53% HHSA-PHPR 80,000 80,000 - - 80,000 80,000 0.00%
OES - 1,050,941 1,050,941 - - - 917,301 917,301 -12.72% SHERIFF 377,369 - 377,369 2,749 438,607 - - 438,607 16.23% TOTAL COUNTY DEPTS 377,369 1,401,458 1,778,827 2,749 438,607 - 1,260,193 1,698,800 -4.50% TOTAL ALLOCATIONS 840,802 2,522,404 3,363,206 6,037 963,213 1,727,485 2,247,493 3,210,706 -4.53% Notes:
*Personnel Cap: Each jurisdiction's allocation has a personnel cap of 50%. *San Diego Sheriff includes: Unincorporated San Diego County and the contracted cities of Del Mar, Encinitas, Imperial Beach, Lemon Grove, Poway, San Marcos, Santee, Solana Beach and Vista.

FY 2022 STATE HOMELAND SECURITY PROGRAM (SHSP) GRANT ALLOCATION PROPOSAL FY2021 - ALLOCATION FY2022 - Allocation
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: September 27, 2023 (continued hearing from 6/14/2023) 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:

This item is continued from the June 14, 2023, City Council meeting. 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 1,867 square-foot residence with a 1,612 squarefoot fully subterranean basement, an attached 455 square-foot garage and 40 square feet of covered and enclosed exterior area. The proposed development includes grading in the amount of 1,187 cubic yards (CY) aggregate. The tallest point of the proposed residence would be 22.90 feet above the proposed grade and the highest point of the structure would not exceed 83.50 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.

September 27, 2023
DRP22-013, SDP22-011
Bowers – 228 N Helix Ave

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The issue before the Council is whether to approve, approve with conditions, or deny the Applicant’s request as contained in Resolution 2023-064 (Attachment 1).

DISCUSSION:

The subject property is located on the east side of North Helix Avenue, adjacent to the intersection of Hill Street and North Helix Avenue. The lot is irregularly shaped with 64 feet of frontage along North Helix Avenue, a southern property line of approximately 79 feet, a northern property line of approximately 80 feet and an eastern property line of 50 feet. The existing topography slopes downward from the street to the east. The elevation at the front property line is at approximately 65 feet above Mean Seal Level (MSL) and the rear property line is approximately 60 MSL, resulting in a change in elevation of approximately 5 feet. With the proposed project, the driveway location would be located at the northwestern portion of the lot. The project plans are provided in Attachment 2.

Table 1 (below) provides a comparison of the Solana Beach Municipal Code (SBMC) applicable zoning regulations with the Applicants proposed design.

Table 1

LOT INFORMATION
Property Address:

Lot Size (Net):

Max. Allowable Floor area:

Proposed Floor area:

Below Max. Floor area by:

Max. Allowable Height:

Max. Proposed Height:

Highest Point/Ridge:
228 N Helix Ave
4,491 ft2
2,246 ft2
2,230 ft2
16 ft2
25 ft.

22.90 ft.83.50
MSL
Zoning Designation:
# of Units Allowed:
# of Units Requested:

MR (5-7 du/ac)
1 Dwelling Unit, 1 ADU,
1 JADU
1 Dwelling Unit
Setbacks: Required Proposed
1st
Floor
2nd
Floor
Front (W) 20 ft.* 20.00 ft. 33.70 ft.

Interior Side (N) 5 ft. 5.00 ft. 5.88 ft.

Interior Side (S) 5 ft. 5.07 ft. 5.85 ft.

Rear (E) 15 ft.** 20.55 ft. 20.55 ft.
*Per SBMC 17.20.030D where any lot has a depth of less
than 100 feet or fronts on a public right-of-way 55 feet or greater in width, the minimum required front yard shall be reduced to 20 feet.
**Per SBMC17.20.030D where any lot has a depth of less
than 90 feet the minimum required rear yard shall be 15 feet.

PROPOSED PROJECT INFORMATION
Floor area Breakdown: Requested Permits:

DRP: A DRP is required for a structure that exceeds
60% of the maximum allowable floor area, for a second
story that exceeds 35% of the first-floor area, and
aggregate for grading in excess of 100 CY
First Floor
Second Floor
Fully Subterranean Basement
Covered and Enclosed Exterior Area
Garage
1,143 ft2
724 ft2
1,612 ft2
40 ft2
455 ft2
Subtotal
Basement Exemption
3,974 ft2
- 1,612 ft2
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Off-Street Parking Exemption - 400 ft2 SDP: A SDP is required for a new structure that exceeds 16 feet in height from the existing grade.

Total Floor area 1,962 ft2
Proposed Grading: 1,187 CY of Aggregate Grading
(836 CY Cut; 45 CY of Fill; 18 CY Excavation for Footings; 288 CY Removal & Recompaction) Proposed Parking: 2-Car Garage
Proposed Fences and Walls: Yes
Proposed Accessory Dwelling Unit: No
Proposed Accessory Structure: No
Existing Development:

Single-Family Residence and shed
The following is a discussion of the findings for a DRP and SDP as each applies to the proposed project as well as references to recommended conditions of approval contained in Resolution 2023-064.

Development Review Permit Compliance (SBMC Section 17.68.40):

A DRP is required for a structure that exceeds 60% of the maximum allowable floor area.

The total floor area proposed is 1,962 square feet and 2,246 is the maximum. Therefore, the proposal is 87% of the allowable floor area.

In addition to meeting zoning requirements, the project must also be found in compliance with development review criteria. The following is a list of the development review criteria topics:

1. Relationship with Adjacent Land Uses

2. Building and Structure Placement

3. Landscaping

4. Roads, Pedestrian Walkways, Parking, and Storage Areas

5. Grading

6. Lighting

7. Usable Open Space
The Council may approve, or conditionally approve, a DRP only if all of the findings listed below can be made. Resolution 2023-064 provides the full discussion of the findings.

1. The proposed development is consistent with the general plan and all applicable requirements of the zoning ordinance including special regulations, overlay zones, and specific plans.

2. The proposed development complies with the development review criteria.

3. All required permits and approvals issued by the city, including variances, conditional use permits, comprehensive sign plans, and coastal development permits have been obtained prior to or concurrently with the development review permit.

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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.

In addition to meeting zoning requirements, the project must also be found in compliance with the development review criteria. The following is a discussion of the applicable development review criteria as they relate to the proposed project.

Relationship with Adjacent Land Uses:

The property is located within the MR Zone. Properties to the north, south, east and west are also located within the MR Zone. The surrounding properties are developed with one and two-story, single-family residences, and multi-family buildings.

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 (5-7) 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 Scaled Residential Overlay Zone (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 later in this report. As a condition of project approval, the Applicant would be required to obtain a Coastal Development Permit, Waiver or Exemption from the California Coastal Commission prior to the issuance of Building or Grading Permits.

Building and Structure Placement:

The site is currently developed with a one-story, single-family residence and a detached shed. The Applicant proposes to demolish the existing structures and build a new twostory residence with a basement and attached garage. The proposed residence, as designed, would be located within the buildable area.

The MR Zone requires a 25-foot front-yard setback, 25-foot rear-yard setback and 5-foot interior side-yard setbacks. Per SBMC 17.20.030D a lot less than 100 feet in depth has a reduced front yard setback of 20 feet, and when the lot depth is less than 90 feet, the rear yard setback is reduced to 15 feet. Therefore, the required setbacks for the subject property are a 20-foot front yard setback, 15-foot rear yard setback and 5-foot side yard September 27, 2023
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setbacks. The additions are proposed to be located within the buildable area. The proposed first floor is set back 20 feet from the front property line, 22.55 feet from the rear property line, 5 feet from the north side property line and 5.07 feet from the south side property line. The proposed second floor is set back 33.70 feet from the front property line, 20.55 feet from the rear property line, 5.88 feet from the north side property line and

5.85 feet from the south side property line.

The 1,612 square-foot basement level will consist of a family room, two bedrooms, two bathrooms, powder room, laundry/craft room, and storage/mechanical room. The 1,143 square-foot first floor consists of a kitchen, pantry, dining room, living room, and powder room and the 724 square-foot second floor includes a primary suite and deck. The proposed garage is located towards the northwest side of the property and would establish vehicular and pedestrian access from North Helix Avenue.

According to the SROZ, the proposed subterranean basement is considered “BasementNo Exposed Sides” in which the basement living area can be exempt from the calculation of floor area if there are no exposed sides. A building side is considered exposed when the finished floor of the living area directly above the basement (at any point) is more than three feet above the adjacent natural or finished grade, whichever is lower. Currently, the plans show a basement with no exposure; therefore, the proposed basement living area of 1,612 square feet would be exempt from the calculation of floor area.

With the basement exemption (1,612 square feet) and the garage exemption (400 square feet), the total proposed floor area would be 1,962 square feet, which is 284 square feet below the maximum allowable floor area for the 4,491 square-foot lot located in the SROZ.

The maximum floor area calculation for this project, pursuant to the SROZ regulations. is as follows:

0.50 X 4,491 ft2 2,246 ft2
Total Allowable Floor area: 2,246 ft2
The proposed project, as designed, meets the minimum required setbacks and is below the maximum allowable floor area for the property.

Neighborhood Comparison:

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Staff compared the proposed project to 27 other properties within the surrounding area.

This area includes properties along both sides of North Helix Avenue and Hill Street, and the west side of South Sierra Avenue as shown on the following map:

The properties evaluated in this comparison are located in the MR Zone and the SROZ.

The existing homes range in size from 320 square feet to 6,718 square feet, according to the County Assessor records. It should be noted that the County Assessor does not include the garage, covered porch area, unfinished basement, or accessory building area in the total square footage. Accordingly, the building area of the proposed project has been calculated for comparison purposes by deleting the area of the proposed garage, the covered porch, and ceiling height over 15 feet as follows:

Project Gross Building Area: 3,974ft2
Delete Basement: - 1,612 ft2
Delete Covered and Enclosed Exterior Area: - 40 ft2
Delete Garage: - 455 ft2
Project Area for Comparison to Assessor’s Data: 1,867 ft2 OSfR
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Table 2 is based upon the County Assessor’s data and SanGIS data. It contains neighboring lot sizes, the square footage of existing development and the maximum allowable square footage for potential development on each lot.

Table 2
# Property Address
Lot Size
in ft2
(SanGis)
Existing ft2
(Assessor)
Proposed /
Recently
Approved ft2
Max.

Allowable
ft2
Zone
1 120 N HELIX AVE 3,322 2,355 1661 MR
2 122 N HELIX AVE 3,444 1,610 1722 MR
3 128-132 N HELIX AVE 6,933 4,665 3163 MR
4 140 N HELIX AVE 3,485 2,349 1743 MR
5 142 N HELIX AVE 3,501 2,306 1751 MR
6 210 N HELIX AVE 3,548 2,306 1774 MR
7 212 N HELIX AVE 3,568 2,349 1784 MR
8 218 N HELIX AVE 3,275 2,352 1638 MR
9 222 N HELIX AVE 3,526 1,342 1763 MR
10 228 N HELIX AVE 4,491 320 1,867 2246 MR
11 234-238 HILL ST 5,331 2,168 2666 MR
12 250 HILL ST 10,213 6,718 3737 MR
13 239 HILL ST 6,972 3,086 3170 MR
14 255 HILL ST 5,956 1,670 2978 MR
15 259 HILL ST 7,412 4,431 3247 MR
16 140 PACIFIC AVE 7,379 2,570 3241 MR
17 200 PACIFIC AVE 7,446 4,646 3253 MR
18 208 PACIFIC AVE 8,009 4,353 3352 MR
19 232 PACIFIC AVE 7,227 2,664 3215 MR
20 238 PACIFIC AVE 5,059 3,046 2530 MR
21 100 S SIERRA AVE 7,441 4,192 3252 MR
22 117 S SIERRA AVE 4,182 2,319 2091 MR
23 121 S SIERRA AVE 6,319 2,146 3056 MR
24 131 S SIERRA AVE 6,328 1,575 3057 MR
25 137-139 S SIERRA AVE 8,450 3,301 3429 MR
26 147 S SIERRA AVE 4,258 3,385 2129 MR
27 201 S SIERRA AVE 4,403 1,288 2202 MR
28 207 S SIERRA AVE 6,347 4,140 3061 MR
29 211 S SIERRA AVE 4,012 832 2006 MR
30 217-221 S SIERRA AVE 6,946 2,231 3166 MR
Fences, Walls and Retaining Walls:

Within the front yard setback area, the SBMC Section 17.20.040(O) allows fences and walls, or any combination thereof, to be no higher than 42 inches in height as measured September 27, 2023
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from existing grade, except for an additional two feet of fence that is at least 80% open to light. Fences, walls and retaining walls located within the rear and interior side yards are allowed to be up to six feet in height with an additional 24 inches that is 50% open to light and air. The proposed project includes a new six-foot tall retaining wall on the north side of the property adjacent to the north property line.

Landscape:

The project is subject to the current water efficient landscaping regulations of SBMC Chapter 17.56. A Landscape Documentation Package is required for new development projects with an aggregate landscape equal to or greater than 500 square feet requiring a building permit, plan check or development review. The Applicant provided a conceptual landscape plan that has been reviewed by the City’s third-party landscape architect, who has recommended approval. The Applicant will be required to submit detailed construction landscape drawings that will be reviewed by the City’s third-party landscape architect for conformance with the conceptual plan. In addition, the City’s third-party landscape architect will perform inspections during the construction phase of the project.

A separate condition has been added to require that native or drought-tolerant and noninvasive plant materials and water-conserving irrigation systems are required to be incorporated into the landscaping to the extent feasible.

Parking:

SBMC Section 17.52.040 and the Off-Street Parking Design Manual (OSPDM) require two (2) parking spaces for a single-family residence. The Applicant proposes to establish driveway access to the property from North Helix Avenue on the northwest portion of the lot. SBMC Section 17.08.030 indicates that required parking up to 200 square feet per parking space provided in a garage is exempt from the floor area calculation. The proposed 455 square-foot garage would provide two parking spaces. Two spaces are required; therefore, 400 square feet of garage area is exempt from the project’s floor area calculation.

Grading:

The project includes 836 cubic yards of cut, 45 cubic yards of fill, 18 cubic yards of excavation for footings, and 288 cubic yards of removal and recompaction. The project includes grading in the amount 1,187 cubic yards aggregate.

Lighting:

A condition of project approval requires that all new exterior lighting fixtures comply with the City-Wide Lighting Regulations of the Zoning Ordinance (SBMC 17.60.060). All light fixtures shall be shielded so that no light or glare is transmitted or reflected in such concentrated quantities or intensities as to be detrimental to the surrounding area.

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Usable Open Space:

The project consists of a new two-story single-family residence with a fully subterranean basement and an attached two-car garage on a developed residential lot; therefore, usable open space and recreational facilities are neither proposed nor required according to SBMC Section 17.20.040. As a condition of project approval, the Applicant will be required to pay the applicable Park Development Fee.

Structure Development Permit Compliance:

The proposed structure exceeds 16 feet in height above the pre-existing grade; therefore, the project must comply with all of the View Assessment requirements of SBMC Chapter

17.63 and the Applicant was required to complete the SDP process. The Applicant had story poles erected onsite and the Story Pole Height Certification was issued by a licensed land surveyor on September 1, 2022, which showed the highest story pole certified at

87.33 MSL and 25 feet above the proposed grade. Notices to apply for View Assessment were mailed to property owners and occupants within 300 feet of the project site, which established a deadline to file for View Assessment on December 12, 2022. The City received three (3) applications for View Assessment (Attachments 4-6) from the following property owners: Jill Martin, “Claimant 1” of N. Helix Ave., located immediately south of the subject property; Naomi Clum, “Claimant 2” of N. Sierra Ave., located northeast of the subject property; and Anthony Gatti “Claimant 3” of N. Helix Ave., located south of the subject property.

The project was revised, and additional story poles were erected onsite, to illustrate the changes made to address the view claims. The Story Pole Height Certification was issued by a licensed land surveyor on January 20, 2023, which showed the highest story pole certified at 87.33 MSL and 25 feet above the proposed grade. Notices to apply for View Assessment were mailed to property owners and occupants within 300 feet of the project site, which established a deadline to file for View Assessment on March 16, 2023. The City received updated view claims from the three (3) original Claimants (Martin, Clum and Gatti) (Attachments 4-6).

The project was presented to the View Assessment Commission (VAC) on April 18, 2023.

Draft minutes from the April 18, 2023, meeting are included in Attachment 7. Tables 3 through 5 below include the disclosures and findings from the April 18, 2023, meeting.

Claimant 1: Jill Martin, N. Helix Ave. (Table 3)
Five out of the six participating VAC members found the primary viewing area to be in the living room and/or kitchen areas, one VAC member found the primary viewing area to be from the primary bedroom, and one VAC member was absent. One out of the six participating VAC members was able to make finding 3.
■ ■ ■
-
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Table 3
Jill Martin
N Helix Ave Coad Villasenor Cohen Moldenhauer Stribling Zajac Najjar Date
Visit
ed
Claimant 4/14 4/14 4/15 4/15 4/15 4/14
Applicant 4/14 4/14 4/15 4/15 4/15 4/14
Primary
Viewing Area
Living Room
/ Kitchen
Living Room
/ Kitchen
Living Room
/ Kitchen
Primary
Bedroom
Living Room
/ Kitchen Kitchen
#1. Communication
Taken Place Y Y Y Y Y Y
#2. No Public View
Impairment Y Y Y Y Y Y
#3. Designed to
Minimize View
Impairment

N N N Y N N
#4. No Cumulative
View Impairment N N N Y N N
#5. Neighborhood
Compatibility Y N N N Y Y
Claimant 2: Naomi Clum, N. Sierra Ave. (Table 4)
Five out of the six participating VAC members found the primary viewing area to be in the living room and/or kitchen areas, one VAC member found the primary viewing area to be from the primary bedroom, and one VAC member was absent. All six of the participating VAC members were able to make finding 3.

Table 4
Naomi Clum
N Sierra Coad Villasenor Cohen Moldenhauer Stribling Zajac Najjar Date
Visit
ed
Claimant 4/14 4/17 4/15 4/15 4/15 4/14
Applicant 4/14 4/17 4/15 4/15 4/15 4/14
Primary
Viewing Area
Living Room
/ Dining
Room
Kitchen /
Sitting Area
Living Room
/ Dining
Room
Primary
Bedroom
Living Room
/ Dining
Room
Kitchen
#1. Communication
Taken Place Y Y Y Y Y Y
#2. No Public View
Impairment Y Y Y Y Y Y
#3. Designed to
Minimize View
Impairment

Y Y Y Y Y Y
-
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#4. No Cumulative
View Impairment Y N Y Y N Y
#5. Neighborhood
Compatibility Y N Y N Y Y
Claimant 3: Anthony Gatti, N. Helix Ave. (Table 5)
Five out of the six participating VAC members found the primary viewing area to be in the primary bedroom, one VAC member found the primary viewing area to be from the second-floor deck, and one VAC member was absent. One out of the six participating VAC members was able to make finding 3.

Table 5
Anthony Gatti
N Helix Ave Coad Villasenor Cohen Moldenhauer Stribling Zajac Najjar Date
Visit
ed
Claimant 4/14 4/18 4/15 4/15 4/15 4/14
Applicant 4/14 4/18 4/15 4/15 4/15 4/14
Primary
Viewing Area
Primary
Bedroom
Primary
Bedroom
Primary
Bedroom
Primary
Bedroom
2nd Level
Deck
Primary
Bedroom
#1. Communication
Taken Place Y Y Y Y Y Y
#2. No Public View
Impairment Y Y Y Y Y Y
#3. Designed to
Minimize View
Impairment

N N N N Y N
#4. No Cumulative
View Impairment N N N Y N N
#5. Neighborhood
Compatibility Y N N N Y Y
Chairperson Cohen made a motion to recommend denial of the project to City Council, which was seconded by Commissioner Zajac. The motion passed 6/0/1 Ayes: Bishop, Cohen, Moldenhauer, Stribling, Zajac, Najjar. Noes: none. Absent: Coad. The Notice of Recommendation is included in Attachment 8.

Proposed Alternative Design
After the April 18, 2023, VAC Hearing, the Applicant removed the story poles that represented the original design. The project was scheduled for the May 24, 2023, Council Meeting, at which the Applicant requested a continuance from City Council to June 24, -
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2023. At the June 14, 2023, City Council Meeting, the Applicant presented an alternative design to address neighbors’ view concerns and the project was continued.

The Applicant has since redesigned the project to address neighbors’ view concerns and direction from Council. Story poles consistent with the renderings in Attachment 3 were installed and certified August 9, 2023, and the Story Pole Height Certification shows the highest story pole certified at 83.50 MSL and 22.90 feet above the proposed grade (Attachment 3). The previous design, presented to Council on June 14, 2023, showed the highest story pole certified at 84.50 MSL and 23.39 feet above the proposed grade (Attachment 9). This results in a height reduction of 1.00 foot at the highest point of the structure (primary closet). The building pad has also been lowered by 1.83 feet. The floor area of the second floor has been reduced by 301 square feet. The massing of the second story has been moved eastward seven (7) feet six (6) inches to address view concerns from the adjacent property to the south (Claimant 1). After reviewing the story poles with Claimant 1, the Applicant reduced the massing on the west side of the second story by an additional foot from the current location of story pole numbers 12 and 14. At this time, no view claims have been withdrawn. The redesign does not expand the building envelope, nor does it increase the floor area. A letter addressed to Council from the Applicant detailing the proposed design changes is included in Attachment 10. The proposed changes are reflected below.

Below are illustrations comparing the previous design with the alternative design:

NORTH HELIX AVE - PROPOSED DESIGN ENVELOPE REDUCTION
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The City Council should consider the recommendation from VAC, the information provided by the Applicant and Claimants, and the View Assessment Ordinance (SBMC

NORTH HELIX AVE - PREVIOUS DESIGN

NORTH HELIX AVE - PROPOSED DESIGN
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17.63) including the definition of a “Viewing Area” and the five required findings, which are provided below:

SBMC Section 17.63.020(I): “Viewing area” shall be that area of the structure (excluding bathrooms, hallways, garages or closets) or lot (excluding the building setback areas) where the view assessment committee, or the city council on appeal, determines the best and most important view exists. The finished floor elevation of any viewing area must be at or above existing grade adjacent to the exterior wall of the part of the building nearest to that viewing area. The determination shall be made by balancing the nature of the view to be protected and the importance of the area of the structure or lot from where the view is taken.

SBMC Section 17.63.040(F): Findings. In making a decision on a matter for which view assessment has been requested, the view assessment committee shall be required to make the following findings:

1. The applicant for the structure development permit has made a reasonable attempt to resolve the view impairment issues with the person(s) requesting view assessment. Written evidence of a good faith voluntary offer to meet and discuss view issues, or of a good faith voluntary offer to submit the matter to mediation, is hereby deemed to be a reasonable attempt to resolve the view impairment issues.

2. The proposed structure does not significantly impair a view from public property (parks, major thoroughfares, bike ways, walkways, equestrian trails) which has been identified in the city’s general plan, local coastal program, or city designated viewing areas.

3. The structure is designed and situated in such a manner as to minimize impairment of views.

4. There is no significant cumulative view impairment caused by granting the application. Cumulative view impairment shall be determined by: (a) Considering the amount of view impairment caused by the proposed structure; and (b) considering the amount of view impairment that would be caused by the construction on other parcels of structures similar to the proposed structure.

5. The proposed structure is compatible with the immediate neighborhood character.

A condition of approval has been added to the Draft Resolution of Approval (Attachment 1) to require that the Applicant submit a height certification prepared by a licensed land surveyor prior to the framing inspection certifying that the maximum height of the proposed addition will not exceed 22.90 feet above the proposed grade or 83.50 feet September 27, 2023
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above MSL, which is the maximum proposed structure height reflected on the project plans, should the City Council make the necessary finding to approve the project.

In conclusion, the proposed project, as conditioned, could be found to be consistent with the Zoning regulations, and the General Plan. Staff has prepared draft findings for approval of the project in the attached Resolution 2023-064 for the Council’s consideration based upon the information in the report. The applicable SBMC sections are provided in the italicized text and conditions from the Community Development, Engineering, and Fire Departments are incorporated in the Resolution of Approval.

Additionally, as a condition of project approval, the Applicant 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. The Council may direct Staff to modify the Resolution to reflect the findings and conditions it deems appropriate as a result of the Public Hearing process. If the Council determines the project is to be denied, Staff will prepare a Resolution of Denial for adoption at a subsequent Council meeting.

Property Frontage and Public Right-of-Way Improvements:

The existing right-of-way adjacent to this project is improved with concrete curb, gutter, and sidewalk. A few sidewalk panels are damaged. There is no vehicular driveway to the existing site. The site drainage pattern is generally from west to east.

If approved, this project will be authorized to construct one 17-foot-wide driveway to North Helix Avenue. The Applicant will be required to remove and reconstruct several damaged sidewalk panels and to relocate an existing fire hydrant to accommodate construction of the proposed driveway. The storm water run-off generated due to development will be detained in a detention basin and will be discharged at a reduced rate equal to the preexisting conditions. The general direction and characteristics of the discharged run-off will be consistent with the pre-existing condition.

Public Hearing Notice:

Notice of the City Council Public Hearing for the project was published in the Union Tribune more than 10 days prior to the public hearing. The same public notice was mailed to property owners and occupants within 300 feet of the proposed project site on September 14, 2023. As of the date of preparation of this Staff Report, Staff has not received any official correspondence.

In conclusion, the proposed project, as conditioned, could be found to be consistent with the Zoning regulations and the General Plan. Staff has prepared draft findings for approval of the project in the attached Resolution 2023-064 for the Council’s consideration based upon the information in this report. Conditions from the Community Development, Engineering, and Fire Department are incorporated in the Resolution of Approval.

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Should the Council determine that the findings can be made to approve the project; the SDP will be approved concurrently with the DRP. The Council may direct Staff to modify the Resolution to reflect the findings and conditions it deems appropriate as a result of the Public Hearing process. If the Council determines the project is to be denied, Staff will prepare a Resolution of Denial for adoption at a subsequent Council meeting.

CEQA COMPLIANCE STATEMENT:

The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the State CEQA Guidelines. Class 3 consists of construction and location of limited numbers of new, small facilities or structures. Examples of this exemption include one single-family residence or second dwelling unit in a residential zone. In urbanized areas, up to three-single-family residences may be constructed or converted under this exemption.

FISCAL IMPACT: N/A
WORK PLAN: N/A
OPTIONS:
∙ Approve Staff recommendation adopting the attached Resolution 2023-064. ∙ Approve Staff recommendation subject to additional specific conditions necessary for the City Council to make all required findings for the approval of a DRP and SDP. ∙ Deny the project if all required findings for the DRP cannot be made.

DEPARTMENT RECOMMENDATION:

The proposed project meets the minimum zoning requirements under the SBMC, may be found to be consistent with the General Plan and may be found, as conditioned, to meet the discretionary findings required as discussed in this report to approve a DRP and SDP.

Therefore, Staff recommends that the City Council:

1. Conduct the Public Hearing: Open the Public Hearing, Report Council Disclosures, Receive Public Testimony, and Close the Public Hearing.

2. Find the project exempt from the California Environmental Quality Act pursuant to Section 15303 of the State CEQA Guidelines; and

3. If the City Council makes the requisite findings and approves the project, adopt Resolution 2023-064 conditionally approving a DRP and SDP for a new two-story, single-family residence with a fully subterranean basement and an attached twocar garage and perform associated site improvements at 228 North Helix Avenue, Solana Beach.

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CITY MANAGER’S RECOMMENDATION:

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

1. Resolution 2023-064

2. Project Plans

3. Story Pole Height Certification, August 9, 2023

4. Martin Application for View Assessment

5. Clum Application for View Assessment

6. Gatti Application for View Assessment

7. Draft Minutes from the April 18, 2023, VAC Meeting

8. NOR from April 18, 2023, VAC Meeting

9. Story Pole Height Certification, June 1, 2023

10.Applicant Letter to Council and Renderings, September 14, 2023 RESOLUTION 2023-064

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLANA

BEACH, CALIFORNIA, CONDITIONALLY APPROVING A

DEVELOPMENT REVIEW PERMIT AND STRUCTURE DEVELOPMENT

PERMIT FOR A REPLACEMENT TWO-STORY SINGLE-FAMILY

RESIDENCE WITH A BASEMENT AND ATTACHED TWO-CAR
GARAGE AND ASSOCIATED SITE IMPROVEMENTS AT 228 NORTH

HELIX AVENUE
APPLICANTS: Ryan Bowers
APPLICATION: DRP22-013/SDP22-011
WHEREAS, Ryan Bowers (hereinafter referred to as “Applicant”) has submitted an application for a Development Review Permit (DRP) and Structure Development Permit (SDP) pursuant to Title 17 (Zoning) of the Solana Beach Municipal Code (SBMC); and WHEREAS, the View Assessment Committee recommended denial of the project on April 18, 2023, based on applications for View Assessment from 222 North Helix Avenue, 219 North Sierra Avenue, and 218 North Helix Avenue; 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 September 27, 2023, the City Council received and considered evidence concerning the proposed application; and WHEREAS, the City Council determined the primary viewing area(s) to be ____________; and
WHEREAS, the City Council of the City of Solana Beach found the project requested in the application exempt from the California Environmental Quality Act pursuant to Section 15303 of the State CEQA Guidelines; and
WHEREAS, this decision is based upon the evidence presented at the Public 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:

I. That the foregoing recitations are true and correct.

II. That the request for a DRP and SDP to construct a 1,867 square-foot residence with a 1,612 square-foot fully subterranean basement and an attached 455 squarefoot garage at 228 North Helix Avenue, is conditionally approved based upon the following Findings and subject to the following Conditions:

III. FINDINGS
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A. In accordance with Section 17.68.040 (Development Review Permit) of the City of Solana Beach Municipal Code, the City Council finds the following:

I. The proposed project is consistent with the General Plan and all applicable requirements of SBMC Title 17 (Zoning Ordinance), including special regulations, overlay zones and specific plans.

General Plan Consistency: The project, as conditioned, is consistent with the City’s General Plan designation of Medium Density Residential, which allows for a maximum of five to seven (5-7) dwelling units per acre. The development is also consistent with the objectives of the General Plan as it encourages the development and maintenance of healthy residential neighborhoods, the stability of transitional neighborhoods, and the rehabilitation of deteriorated neighborhoods.

Zoning Ordinance Consistency: The project is consistent with all applicable requirements of the Zoning Ordinance (Title 17) (SBMC 17.20.030 and

17.48.040), which delineates maximum allowable Floor Area Ratio (FAR), Permitted Uses and Structures (SBMC Section 17.20.020) which provides for uses of the property for a single-family residence. Further, the project adheres to all property development regulations established for the Medium Residential (MR) Zone and cited by SBMC Section 17.020.030.

The project is consistent with the provisions for minimum yard dimensions (i.e., setbacks) and the maximum allowable Floor area (FAR), maximum building height, and parking requirements.

II. The proposed development complies with the following development review criteria set forth in Solana Beach Municipal Code Section

17.68.040.F:
a. Relationship with Adjacent Land Uses: The development shall be designed in a manner compatible with and where feasible, complimentary to existing and potential development in the immediate vicinity of the project site. Site planning on the perimeter of the development shall give consideration to the protection of surrounding areas from potential adverse effects, as well as protection of the property from adverse surrounding influences.

The property is located within the Medium Residential (MR) Zone. Properties to the north, south, east and west are also located within the MR Zone. The surrounding properties are developed with one and two-story, single-family residences.

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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 (5- 7) 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 Scaled Residential Overlay Zone (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 later in this report. As a condition of project approval, the Applicant would be required to obtain a Coastal Development Permit, Waiver or Exemption from the California Coastal Commission prior to the issuance of Building or Grading Permits.
b. Building and Structure Placement: Buildings and structures shall be sited and designed in a manner which visually and functionally enhances their intended use.

The site is currently developed with a one-story, single-family residence and a detached shed. The Applicant proposes to demolish the existing structures and build a new two-story residence with a basement and attached garage. The proposed residence, as designed, would be located within the buildable area.

The MR Zone requires a 25-foot front-yard setback, 25-foot rearyard setback and 5-foot interior side-yard setbacks. Per SBMC

17.20.030D a lot less than 100 feet in depth has a reduced front yard setback of 20 feet, and when the lot depth is less than 90 feet, the rear yard setback is reduced to 15 feet. Therefore, the required setbacks for the subject property are a 20-foot front yard setback, 15-foot rear yard setback and 5-foot side yard setbacks. The additions are proposed to be located within the buildable area. The proposed first floor is set back 20 feet from the front property line, 22.55 feet from the rear property line, 5 feet from the north side property line and 5.07 feet from the south side property line. The proposed second floor is set back 33.70 feet from the front property line, 20.55 feet from the rear property Resolution 2023-064
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line, 5.88 feet from the north side property line and 5.85 feet from the south side property line.

The 1,612 square-foot basement level will consist of a family room, two bedrooms, two bathrooms, powder room,
laundry/craft room, and storage/mechanical room. The 1,143 square-foot first floor consists of a kitchen, pantry, dining room, living room, and powder room and the 724 square-foot second floor includes a primary suite and deck. The proposed garage is located towards the northwest side of the property and would establish vehicular and pedestrian access from North Helix Avenue.

According to the SROZ, the proposed subterranean basement is considered “Basement- No Exposed Sides” in which the basement living area can be exempt from the calculation of floor area if there are no exposed sides. A building side is considered exposed when the finished floor of the living area directly above the basement (at any point) is more than three feet above the adjacent natural or finished grade, whichever is lower. Currently, the plans show a basement with no exposure; therefore, the proposed basement living area of 1,612 square feet would be exempt from the calculation of floor area.

0.50 X 4,491 ft2 2,246 ft2
Total Allowable Floor area: 2,246 ft2
The proposed project, as designed, meets the minimum required setbacks and is below the maximum allowable floor area for the property.
c. Landscaping: The removal of significant native vegetation shall be minimized. Replacement vegetation and landscaping shall be compatible with the vegetation of the surrounding area. Trees and other large plantings shall not obstruct significant views when installed or at maturity.

The project is subject to the current water efficient landscaping regulations of SBMC Chapter 17.56. A Landscape
Documentation Package is required for new development
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projects with an aggregate landscape equal to or greater than 500 square feet requiring a building permit, plan check or development review. The Applicant provided a conceptual landscape plan that has been reviewed by the City’s third-party landscape architect, who has recommended approval. The
Applicant will be required to submit detailed construction landscape drawings that will be reviewed by the City’s third-party landscape architect for conformance with the conceptual plan. In addition, the City’s third-party landscape architect will perform inspections during the construction phase of the project. A separate condition has been added to require that native or drought-tolerant and non-invasive plant materials and waterconserving irrigation systems are required to be incorporated into the landscaping to the extent feasible.
d. Roads, Pedestrian Walkways, Parking and Storage Areas: Any development involving more than one building or structure shall provide common access roads and pedestrian walkways.

Parking and outside storage areas, where permitted, shall be screened from view to the extent feasible, by existing
topography, by the placement of buildings and structures, or by landscaping and plantings.

The SBMC parking regulations require two (2) off-street parking spaces, 9’ x 19’ clear, per single-family residence. The SBMC sections 17.48.040 and 17.20.030 indicate that when required parking spaces are provided within a garage, up to 200 square feet of floor area is exempted for each required space. As designed, the proposed residence would provide two (2) parking spaces in the proposed 455 square-foot garage; therefore, the project is afforded a 400 square-foot exemption.
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.

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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).

All new exterior lighting fixtures will comply with the City-Wide Lighting Regulations of the Zoning Ordinance (SBMC

17.60.060). All light fixtures shall be shielded so that no light or glare is transmitted or reflected in such concentrated quantities or intensities as to be detrimental to the surrounding area. g. Usable Open Space: Recreational facilities proposed within required usable open space shall be located and designed to maintain essential open space values.

The project consists of additions to an existing two-story, singlefamily residence with a lowered garage on a developed residential lot; therefore, usable open space and recreational facilities are neither proposed nor required according to SBMC Section 17.20.040. The Applicants are required to pay the applicable Park Development Fee.

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, including a Structure Development Permit, 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 Applicant obtaining the required permit or approval from the other agency.

The Applicant is required to obtain approval from the California Coastal Commission prior to issuance of Building Permits.

B. In accordance with Section 17.63.040 (Structure Development Permit) of the Solana Beach Municipal Code, the City Council finds the following:

I. The Applicant for the Structure Development Permit has made a reasonable attempt to resolve the view impairment issues with the person(s) requesting view assessment. Written evidence of a good faith Resolution 2023-064
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voluntary offer to meet and discuss view issues, or of a good faith voluntary offer to submit the matter to mediation, is hereby deemed to be a reasonable attempt to resolve the view impairment issues.

To be completed based on Council findings.

II. The proposed structure does not significantly impair a view from public property (parks, major thoroughfares, bike ways, walkways, equestrian trails) which has been identified in the city’s general plan, local coastal program, or city designated viewing areas.

To be completed based on Council findings.

III. The structure is designed and situated in such a manner as to minimize impairment of views.

To be completed based on Council findings.

IV. There is no significant cumulative view impairment caused by granting the application. Cumulative view impairment shall be determined by: (a) Considering the amount of view impairment caused by the proposed structure; and (b) considering the amount of view impairment that would be caused by the construction on other parcels of structures similar to the proposed structure.

To be completed based on Council findings.

V. The proposed structure is compatible with the immediate neighborhood character.

To be completed based on Council findings.

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

A. Community Development Department Conditions:

I. The Applicant shall pay required Fire Mitigation, Park Development, Public Use Facilities, and Public Facilities Impact Fees.

II. Building Permit plans must be in substantial conformance with the architectural plans presented to the City Council on September 27, 2023 and located in the project file with a submittal date of September 13, 2023.

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III. Prior to requesting a framing inspection, the Applicant shall submit a height certificate prepared by a licensed land surveyor prior to the framing inspection certifying that the tallest point of the proposed residence will not exceed ____To be completed based on Council Findings____ feet above the proposed grade on the west elevation and the highest point of the structure will not exceed ____To be completed based on Council Findings____ feet above the Mean Sea Level (MSL) in conformance with the plans as approved by the City Council on September 27, 2023.

IV. Any proposed onsite fences, walls and retaining walls and any proposed railing located on top, or any combination thereof, shall comply with applicable regulations of SBMC Section 17.20.040 and

17.60.070 (Fences and Walls).

V. The Applicant shall obtain required California Coastal Commission (CCC) approval of a Coastal Development Permit, Waiver or Exemption as determined necessary by the CCC, prior to the issuance of Building and Grading Permits.

VI. All new exterior lighting fixtures shall be in conformance with the Citywide lighting regulations of the Zoning Ordinance (SBMC 17.60.060).

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 area.

VII. Construction vehicles shall be parked on the subject property at all times feasible. If construction activity prohibits parking on the subject property, the Applicant shall ensure construction vehicles are parked in such a way to allow sufficient vehicular access on the street 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. GATES: All gates or other structures or devices, which could obstruct fire access roadways or otherwise hinder emergency operations, are prohibited unless they meet standards approved by the Fire Department. An approved emergency key-operated switch and/or an approved emergency traffic control-activating strobe light sensor shall Resolution 2023-064
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be installed per the Solana Beach Municipal Code Title 15 Building and Construction Chapter 15.32 Fire Code Section 15.32.200 Section 503.6. All Knox Box products shall be purchased through Solana Beach Fire website at www.knoxbox.com/2566
II. POSTING OR STRIPING ROADWAYS “NO PARKING FIRE LANE”:

Fire Department access roadways, when required, shall be properly identified as per Solana Beach Fire Department standards. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility per the Solana Beach Municipal Code Title 15 Building and Construction Chapter 15.32 Fire Code Section 15.32.170 Section 503 Section 503.3 and 503.4.3. Fire lane shall be maintained and extended with proposed relocation of fire hydrant.

III. OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All
roadways shall be a minimum of 20 feet in width during construction and maintained free and clear, including the parking of vehicles per the 2019 California Fire Code Chapter 5 Section 503.4 and 503.2.1.

IV. FIRE HYDRANTS AND FIRE FLOWS: The applicant shall provide fire hydrants of a type, number, and location satisfactory to the Solana Beach Fire Department. A letter from the water agency serving the area shall be provided that states the required fire flow is available.

Fire hydrants shall be of a bronze type. Multi-family residential or industrial fire hydrants shall have two (2) 4” inch and two (2) 2 ½” inch NST outlets. Residential fire hydrants shall have one (1) 4” inch NST outlet, and one (1) 2 ½” inch NST outlets per the Solana Beach Municipal Code Title 15 Building and Construction Chapter 15.32 Fire Code Section 15.32.210 Section 507 Section 507.5.1 to 507.5.1.02.

Proposed fire hydrant shall be of the new residential type.

V. ADDRESS NUMBERS: STREET NUMBERS: Approved numbers
and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, and shall meet the following minimum standards as to size: 4” high with a ½” inch stroke width for residential buildings, 8” high with a ½” stroke for commercial and multi-family residential buildings, 12” high with a 1” stroke for industrial buildings. Additional numbers shall be required where deemed necessary by the Fire Marshal, such as rear access doors, building corners, and entrances to commercial centers per the 2019 California Fire Code Chapter 5 Section 505.1.

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VI. AUTOMATIC FIRE SPRINKLER SYSTEM-ONE- AND TWO-FAMILY DWELLINGS: Structures shall be protected by an automatic fire sprinkler system designed and installed. Plans for the automatic fire sprinkler system shall be submitted as Deferred Submittal and approved by the Solana Beach Fire Department prior to installation per the Solana Beach Municipal Code Title 15 Building and Construction Chapter 15.32 Fire Code Section 15.32.230 Section 903.2.

VII. 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 2019 California Building Code Chapter 15 Section 1505.

VIII. SOLAR PHOTOVOLTAIC INSTALLATIONS (Solar Panels): Solar Photovoltaic systems shall be installed per Solana Beach Fire Department requirements and per the 2019 California Fire Code Chapter 12 Section 1204.

IX. Basement:
• All basements shall be designed and equipped with emergency exit systems consisting of operable windows, window wells or exit doors that lead directly outside via staircase and exit door or exit door at grade.
• Window wells/Light wells that intrude into side yard or backyard setbacks of five feet or less, shall require a hinged grating covering the window well/lightwell opening. The grating shall be capable of supporting a weight of 250lb person; yet must be able to be opened by someone of minimal strength with no special knowledge, effort or use of key or tool. Any modification of previously approved plans related to this condition shall be subject to re-submittal and review by City Staff (Fire, Building, Planning)
C. Engineering Department Conditions:

General:

I. The Applicant is required to obtain an Encroachment Permit in accordance with SBMC Section 11.20 for the below frontage improvements being done in the public right-of-way. The frontage improvements shall be done to the satisfaction of the City Engineer prior to the occupancy of the proposed project:
a. Construction of the SDRSD G-14D driveway.
b. Construction of any damaged sidewalk panels or curb
& gutter as directed by the City Inspector.

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c. Relocation of the fire hydrant.
d. Placement of landscaping and walkway steps.

II. The Applicant shall record the Encroachment Maintenance Removal Agreement (EMRA) with the County of San Diego
prior to the release of the Grading Bond and Security
Deposit/Final Inspection of the Building Permit. The EMRA shall be recorded against this property for all private improvements in the Public Right-Of-Way including but not limited to:
a. Walkway steps
b. Landscaping
III. It is recommended that the drainage discharge be extended to the public right-of-way on N. Sierra Ave. Please work with the adjacent property owner to explore the feasibility of this recommendation.

IV. 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.

V. 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.

Grading:

I. The Applicant shall obtain a Grading Permit in accordance with Chapter 15.40 of the Solana Beach Municipal Code. Conditions prior to the issuance of a grading permit shall include, but not be limited to, the following:
a. The Applicant shall obtain a grading permit subject to submittal of a plan prepared by a Registered Civil
Engineer and approved by the City Engineer. On-site
grading design and construction shall be in accordance
with Chapter 15.40 of the Solana Beach Municipal
Code.
b. The Applicant shall obtain a Soils Report prepared by a Registered Soils Engineer and approved by the City
Engineer. All necessary measures shall be taken and
implemented to assure slope stability, erosion control
and soil integrity. The grading plan shall incorporate all recommendations contained in the soils report.

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c. The Applicant shall provide a Drainage Report
prepared by a Registered Civil Engineer. This report
shall address the design for detention basin and
corresponding outflow system to ensure the rate of
runoff for the proposed development is at or below that of pre-existing condition. All recommendations of this
report shall be incorporated into the Preliminary
Grading Plan. A detention basin easement(s) shall be
recorded for maintenance of the detention basins by
the property owner(s) in perpetuity, prior to the release of the Grading Bond and Security Deposit.
d. The Applicant shall show all retaining walls and
drainage structures. Retaining walls shown on the
grading plan shall conform to the San Diego Regional
Standards or be designed by a licensed civil engineer.

Engineering calculations for all designed walls with a
surcharge and nonstandard walls shall be submitted at
grading plan check. Retaining walls may not exceed
the allowable height within the property line setback as determined by the City of Solana Beach Municipal
Code. Contact the Community Development
Department for further information.
e. The Applicant is responsible to protect the adjacent properties during construction. If any grading,
construction activity, access or potential constructionrelated impacts are anticipated beyond the property lines, as determined by the City Engineer, the
Applicant shall obtain a letter of permission from the
adjoining property owners. All required letters of
permission shall be submitted to the City Engineer prior to the issuance of the grading permit.
f. The Applicant shall pay a grading plan check fee in
accordance with the current Engineering Fee Schedule
at initial grading plan submittal. Inspection fees shall be paid prior to issuance of the grading permit.
g. The Applicant shall obtain and submit grading security in a form prescribed by the City Engineer.
h. The Applicant shall obtain haul permit for import /
export of soil. The Applicant shall transport all
excavated material to a legal disposal site.
i. The Applicant shall submit certification from the
Engineer of Record and the Soils Engineer that all
public or private drainage facilities and finished grades are functioning and are installed in accordance with the Resolution 2023-064
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Solana Beach City CouncilSeptember 27, 2023

Solana Beach City Council
September 27, 2023