City of Lemon Grove City Council Regular Meeting Agenda Tuesday, August 6, 2019, 6:00 p.m.
Lemon Grove Community Center 3146 School Lane, Lemon Grove, CA
The City Council also sits as the Lemon Grove Housing Authority, Lemon Grove Sanitation District Board, Lemon Grove Roadway Lighting District Board, and Lemon Grove Successor Agency Call to Order Pledge of Allegiance: Scouts Pack 108 and Troop 108 to lead the Pledge of Allegiance Changes to the Agenda: Presentations:
A. Recognition of Little League and Senior Little League Champions B. Representative from the U.S. Census Bureau – 2020 Census C. Regional Task Force on the Homeless (RTFH) Outreach Presentation D. Introduction of new staff member – Christian Olivas, Management Analyst Public Comment: (Note: In accordance with State Law, the general public may bring forward an item not scheduled on the agenda; however, the City Council may not take any action at this meeting. If appropriate, the item will be referred to staff or placed on a future agenda.)
City Council Oral Comments and Reports on Meetings Attended at the Expense of the City. (GC 53232.3 (d)) (53232.3.(d) states that members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.)
1. Consent Calendar: (Note: The items listed on the Consent Calendar will be enacted in one motion unless removed from the Consent Calendar by Council, staff, or the public.) A. Waive Full Text Reading of All Ordinances on the Agenda Reference: Kristen Steinke, City Attorney Recommendation: Waive the full text reading of all ordinances included in this agenda; Ordinances shall be introduced and adopted by title only.
B. City of Lemon Grove Payment Demands Reference: Molly Brennan, Administrative Services Director Recommendation: Ratify Demands
C. Approval of Meeting Minutes Regular Meeting July 16, 2019 July 23, 2019 Special Meeting – Study Session
Reference: Shelley Chapel, City Clerk Recommendation: Approve Minutes
City of Lemon Grove City Council Meeting August 6, 2019
D. Accept the FY 2018-19 Street Rehabilitation Project (Contract No. 2019-08) as Complete Reference: Stephanie Boyce, Senior Management Analyst Recommendation: Adopt a Resolution entitled, “A Resolution of the City Council of the City of Lemon Grove, California, Accepting the FY 2018-19 Street Rehabilitation Project (Contract No. 2019-08) as Complete.”
E. Accept the Community Development Block Grant (CDBG) 2019 Street Rehabilitation and ADA Pedestrian Curb Ramp Project (Contract No. 2019-12) as Complete. Reference: Stephanie Boyce, Senior Management Analyst Recommendation: Adopt a Resolution entitled, “A Resolution of the City Council of the City of Lemon Grove, California, Accepting the Community Development Block Grant (CDBG) 2019 Street Rehabilitation and ADA Curb Ramps Project (Contract No. 2019-12) as Complete.”
F. Rejection of Claim – Daniel M. DiRe, Esq. of Donald R. Holben & Associates, APC. on behalf of Harold D. Hansen Reference: Mike James, Assistant City Manager/Public Works Director Recommendation: City Council rejects the Claim submitted by Daniel M. DiRe, Esq. of Donald R. Holben & Associates, APC. on behalf of Harold D. Hansen.
G. Landscape Maintenance Agreement on State Route 94 at Lemon Grove Avenue Reference: Mike James, Assistant City Manager/Public Works Director Recommendation: Adopt a Resolution entitled, “A Resolution of the City Council of the City of Lemon Grove, California, Amending a Landscape Maintenance Agreement with Caltrans for the State Route 94 at Lemon Grove Avenue Interchange.” H. Rejection of Claim – Pick Axe Holdings, LLC – Christopher Williams Reference: Mike James, Assistant City Manager/Public Works Director Recommendation: City Council rejects the Claim submitted by Pick Axe Holdings, LLC – Christopher Williams
I. Authorize Execution of Agreement for Participation in the San Diego County’s California Identification System (CAL-ID) Remote Access Network Reference: Lydia Romero, City Manager Recommendation: Authorize the City Manager to execute the five (5) year CAL-ID Agreement with the County of San Diego.
Reports to Council: 2. Regional Housing Needs Assessment Reference: Noah Alvey, Community Development Manager Recommendation: Receive report. 3. Climate Action Plan Reference: Noah Alvey, Community Development Manager Recommendation: Receive report and provide direction to staff.
4. Memorandum of Understanding with the Lemon Grove Firefighters Association Local 2728 of the International Association of Firefighters Reference: Lydia Romero, City Manager Recommendation: Adopt a Resolution entitled, “A Resolution of the City Council of the City of Lemon Grove, California, Approving the Memorandum of Understanding between the City of Lemon Grove and the Lemon Grove Firefighters Local 2728 of the International Association of Firefighters.”
Closed Session:
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (G.C. § 54956.9) Christopher Williams vs. David Arambula, City of Lemon Grove, et. al. San Diego Superior Court - Case number 37-2018-00023369-CU-PO-CTL
Adjournment The City Council Meeting September 3,, 2019, is canceled due to the holiday.
In compliance with the Americans with Disabilities Act (ADA), the City of Lemon Grove will provide special accommodations for persons who require assistance to access, attend and/or participate in meetings of the City Council. If you require such assistance, please contact the City Clerk at (619) 825-3800 or email [email protected]. A full agenda packet is available for public review at City Hall.
AFFIDAVIT OF NOTIFICATION AND POSTING
STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) SS CITY OF LEMON GROVE)
I, Shelley Chapel, MMC, City Clerk of the City of Lemon Grove, hereby declare under penalty of perjury that a copy of the above Agenda of the Regular Meeting of the City Council of the City of Lemon Grove, California, was delivered and/or notice by email not less than 72 hours before the hour of 6:00 p.m. on August 1, 2019, to the members of the governing agency, and caused the agenda to be posted on the City’s website at www.lemongrove.ca.gov and at Lemon Grove City Hall, 3232 Main Street Lemon Grove, CA 91945.
/s/: Shelley Chapel Shelley Chapel, MMC, City Clerk
CITY OF LEMON GROVE
CITY COUNCIL STAFF REPORT Item No. 1.A Meeting Date: August 6, 2019 Submitted to: Honorable Mayor and Members of the City Council Department: City Manager’s Office Staff Contact: Kristen Steinke, City Attorney Item Title: Waive the Full Text Reading of all Ordinances
Summary: Waive the full text reading of all ordinances included in this agenda. Ordinances shall be introduced and adopted by title only.
Environmental Review: Not subject to review Negative Declaration Categorical Exemption, Section Mitigated Negative Declaration
Fiscal Impact: None.
Public Notification: None.
CITY OF LEMON GROVE
CITY COUNCIL STAFF REPORT Item No. 1.B Meeting Date: August 6, 2019 Submitted to: Honorable Mayor and Members of the City Council Department: City Manager’s Office Staff Contact: Molly Brennan, Administrative Services Director mailto:[email protected] Item Title: City of Lemon Grove Payment Demands
Recommended Action: Ratify Demands.
Environmental Review: Not subject to review Negative Declaration Categorical Exemption, Section Mitigated Negative Declaration
Fiscal Impact: None.
Public Notification: None.
City of Lemon Grove Demands Summary Approved as Submitted: Molly Brennan, Administrative Services Director ACH/AP Checks 07/05/19‐07/24/19 771,190.39 For Council Meeting: 08/06/19 Payroll ‐ 07/16/19 148,449.10
Total Demands 919,639.49
CHECK CHECK NO INVOICE NO VENDOR NAME CHECK DATE Description INVOICE AMOUNT AMOUNT
ACH Jun5‐Jun18 19 Calpers Supplemental Income 457 Plan 07/05/2019 457 Plan 6/5/19‐6/18/19 6,083.53 12,327.06 Jun19‐Jul2 19 457 Plan 6/19/19‐7/2/19 6,243.53
ACH 200604 Aflac 07/05/2019 AFLAC Insurance 7/3/19 812.82 812.82
ACH Refill 7/3/19 Pitney Bowes Global Financial Services LLC 07/05/2019 Postage Usage 7/3/29 500.00 500.00
ACH Jul2 19 Employment Development Department 07/08/2019 State Taxes 7/2/19 6,765.03 6,765.03
ACH 4154920380/0719 SDG&E 07/09/2019 Electric Usage:St Light 5/31/19‐6/30/19 1,875.85 3,159.49 3568860625/0719 Electric Usage:St Light 5/31/19‐6/30/19 1,283.64
ACH Jun19 Home Depot Credit Services 07/09/2019 Home Depot Charges ‐ Jun'19 1,054.49 1,054.49
ACH Jul2 19 US Treasury 07/09/2019 Federal Taxes 7/2/19 25,808.69 25,808.69
ACH May19 San Diego County Sheriff's Department 07/11/2019 Law Enforcement Services ‐ May'19 484,987.66 484,987.66
ACH Jun19 Wells Fargo 07/11/2019 Bank Service Charge ‐ Jun'19 277.08 1,288.09 Credit Card Transaction Fees‐ Jun'19 1,011.01
ACH Refill 7/16/19 Pitney Bowes Global Financial Services LLC 07/17/2019 Postage Usage 7/16/29 250.00 250.00
ACH Jul16 19 Employment Development Department 07/18/2019 State Taxes 7/16/19 8,795.22 8,795.22
ACH Jul3‐Jul16 19 Calpers Supplemental Income 457 Plan 07/18/2019 457 Plan 7/3/19‐7/16/19 6,643.53 6,643.53
ACH 60202985 WEX Bank 07/18/2019 Fuel ‐ Fire Dept ‐ Jun'19 203.84 203.84
ACH 62519 California Public Empl Retirement System 07/19/2019 Calpers 1959 Survivor Benefit FY19 3,200.70 3,200.70
ACH 1427766 US Bank‐ Corporate Trust Services 07/23/2019 2007 Tax Allocation Bond 496,927.51 496,927.51
ACH 1427767 US Bank‐ Corporate Trust Services 07/23/2019 2010 Tax Allocation Refunding Bond 538,571.25 538,571.25
ACH 1427768 US Bank‐ Corporate Trust Services 07/23/2019 2014 Tax Allocation Refunding Bond 228,418.13 228,418.13
ACH Jun19‐Jul16 19 California Public Empl Retirement System 07/23/2019 Pers Retirement 6/19/19‐7/16/19 63,673.05 63,673.05
ACH Jul16 19 US Treasury 07/23/2019 Federal Taxes 7/16/19 31,733.75 31,733.75
ACH SpclCompFY19 California Public Empl Retirement System 07/24/2019 Pers Safety Special Comp FY19 32,886.25 32,886.25
11607 Aldrete Aldrete, Alejandra 07/10/2019 Refund/Aldrete, Alejandra/Deposit ‐ Courtyard‐ 6/16/19 200.00 200.00
11608 6/22/2019 AT&T 07/10/2019 Backup City Hall Internet‐ 5/23/19‐6/22/19 80.00 80.00
11609 AD01B9A AA Atkinson‐Baker, Inc. 07/10/2019 Legal Svcs: GHC0019886 1,449.45 1,449.45
11610 5656759140 AutoZone, Inc. 07/10/2019 Diesel Exhaust Fluid/Seatbelt Pad ‐ LGPW #32 GapVax 41.57 161.08 5656765127 Duralast Battery ‐ PW Yard Forklift 119.51
11611 952281‐9 BJ's Rentals 07/10/2019 Propane 15.84 27.91 953858‐9 Propane 12.07
11612 Bracamonte Bracamonte, Christina 07/10/2019 Refund/Bracamonte, Christina & Jerome/Dog License Fees 110.00 110.00
11613 7/2/19 California State Disbursement Unit 07/10/2019 Wage Withholding Pay Period Ending 7/2/19 161.53 161.53
11614 20233632 Canon Financial Services Inc. 07/10/2019 Canon Copier Contract Charge 7/1/19 642.60 642.60
11615 4022901540 Cintas Corporation #694 07/10/2019 Janitorial Supplies ‐ 5/30/19 188.73 1,173.89 4023415645 Janitorial Supplies ‐ Fire ‐ 6/6/19 263.77 4024330369 Janitorial Supplies ‐ 6/20/19 426.13 4025096964 Janitorial Supplies ‐ Fire ‐ 7/3/19 295.26
11616 Jun19 Colonial Life 07/10/2019 Colonial Optional Insurance ‐Jun19 446.80 446.80 11617 81972013 Corelogic Solutions, LLC. 07/10/2019 RealQuest Graphics Package ‐ Jun'19 300.00 300.00
11618 19CTOFLGN12 County of San Diego‐ RCS 07/10/2019 800 MHZ Network ‐ Jun '19 2,878.50 2,878.50
11619 07022019560 DAR Contractors 07/10/2019 Animal Disposal‐ Jun'19 162.00 162.00
11620 213014 Dell Awards 07/10/2019 Name Plate for City Council Mtgs‐ Brennan 12.93 38.79 213014 Name Plate for City Council Mtgs‐ Boyce 12.93 213014 Name Plate for City Council Mtgs‐ Olivas 12.93
11621 0709192305 Domestic Linen‐ California Inc. 07/10/2019 Shop Towels & Safety Mats 7/9/19 92.70 92.70
11622 Jul2019 Fidelity Security Life Insurance Company 07/10/2019 Vision Insurance ‐Jul19 215.50 431.75 Jun2019 Vision Insurance ‐Jun19 216.25
11623 AR010236 Grossmont Union High School District 07/10/2019 Business Cards‐ Mayor Vasquez 102.00 102.00
11624 SS000207046 Hawthorne Machinery Co 07/10/2019 Equip Maintenance‐ CAT 420E Backhoe‐ Oil/Filter/Chain Drive Main 789.86 789.86
11625 0014571‐IN HDL Software LLC 07/10/2019 Permit Tracking Annual Maint‐ 8/1/19‐7/31/20 800.00 800.00
11626 94928 Horton, Oberrecht, Kirkpatrick & Martha, APC 07/10/2019 Legal Svcs: GHC0019886 6,829.50 14,757.90 95414 Legal Svcs: GHC0019886 5,164.90 95794 Legal Svcs: GHC0019886 2,763.50
11627 58162 Hose Tech 07/10/2019 New Hose on Reel ‐ LGPW #07 Patch Truck 657.58 657.58
11628 00064143 Hudson Safe‐T‐ Lite Rentals 07/10/2019 12 x 18 Tow Away Signs ‐ LGA Realignment/North Ave & Olive 86.60 86.60
11629 Jul 2 19 ICMA 07/10/2019 ICMA Deferred Compensation Pay Period Ending 7/2/19 580.77 580.77
11630 1561 Janazz, LLC SD 07/10/2019 IT Services‐ City Hall‐ Jun'19 2,500.00 2,500.00
11631 1792 Law Offices of James F. Holtz, APC 07/10/2019 Legal Svcs: GHC0017548 10,746.28 24,893.04 1835 Legal Svcs: GHC0017548 6,032.43 1893 Legal Svcs: GHC0017548 8,114.33
11632 Madriga Madriga, Christina 07/10/2019 Refund/Madriga, Christina/Deposit ‐ Courtyard‐ 6/8/19 200.00 200.00
11633 7/11/19 Manny Cepeda Orchestra 07/10/2019 Concerts in the Park/Manny Cepeda Orchestra 7/11/19 600.00 600.00
11634 52045 McNamara Pump and Electric Inc. 07/10/2019 Duplex Sewage Pump Stn Svc‐New Level Controls/Pump Svc‐6794 Cntrl 1,609.45 1,609.45
11635 IN1350157 Municipal Emergency Services Inc. 07/10/2019 Custom RAE System/Multi‐Gas Monitor/Wireless 900 MHz ‐ E10 1,241.03 1,241.03
11636 64657926 Occupational Health Centers of CA, A Medical C 07/10/2019 Medical Exam ‐6/20/19 179.00 179.00
11637 Owens Owens, Beverly 07/10/2019 Refund/Owens, Beverly/Deposit ‐ LBH‐ 6/8/19 200.00 200.00
11638 3010296787 Parkhouse Tire Inc. 07/10/2019 Backhoe 420E‐ Fleet Service/Flat Repair 218.09 675.34 3010297462 Backhoe 420E‐ Fleet Service/Tire Installation 457.25
11639 PD‐40942 Plumbers Depot Inc. 07/10/2019 Sewer Camera ‐ Steel Wheels 6"/Connector Quick 12Pin 917.90 3,973.12 PD‐41419 Sewer Camera‐Replace‐Neck & Fork Quad/Seals/Tilt Motor/Driver Bd 2,712.75 PD‐42353 Sewer Camera ‐ 3/4" Tool 8"‐10" Pipe Standard Fins 342.47
11640 31751221 RCP Block & Brick, Inc. 07/10/2019 Landscaping Rocks ‐ Broadway Medians 772.88 1,330.70 31753636 Hi‐Strength Concrete Mix/Rapid Set Concrete Mix/Edger ‐Gazebos 75.91 31754356 Bulk Fertilized Soil ‐ PW Yard 24.24 31756848 Pathway Stabilizer 5 Gal ‐ Broadway Medians 457.67
11641 0066504 Rick Engineering Company 07/10/2019 Prof Svc: City Engineer As‐Needed Svcs 1/26/19‐2/22/19 601.94 601.94
11642 8127627911 Shred‐It USA 07/10/2019 Shredding Services 6/12/19 73.99 73.99
11643 494814 South Coast Emergency Vehicle Services 07/10/2019 E10 Replace Seat Belt & Buckle 446.15 446.15
11644 389887 State of California‐ Department of Justice 07/10/2019 Fingerprint App ‐ Olivas ‐ Jun '19 32.00 32.00
11645 48322 Tyson & Mendes, LLP 07/10/2019 Legal Svcs: GHC0019886 24,404.95 24,404.95
11646 5401959 US Bank 07/10/2019 Admin Fees ‐ 2007 Bonds 6/1/19‐5/31/20 2,662.00 2,662.00
11647 9832019668 Verizon Wireless 07/10/2019 Mobile Broadband Access‐ 5/13/19‐6/12/19 76.02 76.02
11648 1056‐FS 326 Verus Forensic 07/10/2019 Legal Svcs: GHC0017548 3,181.25 4,877.00 1087‐FS 326 Legal Svcs: GHC0017548 929.00 1112‐FS 326 Legal Svcs: GHC0017548 766.75
11649 72236351 Vulcan Materials Company 07/10/2019 Asphalt/SS1H 4.5 Gallon Bucket 303.64 1,361.75 72240108 Asphalt/SS1H 4.5 Gallon Bucket 200.31 72240109 Asphalt 145.03 72240110 SS1H 4.5 Gallon Bucket 48.49 72244755 Asphalt 463.97 72249715 Asphalt/SS1H 4.5 Gallon Bucket 200.31 11650 149066 West Coast Arborists, Inc. 07/10/2019 Tree Maintenance ‐ 5/16/19‐5/31/19 1,414.80 3,928.80 149067 Tree & Stump Removal ‐ 5/21/19 Jaynia Pl 2,514.00
11651 12149 AdminSure 07/17/2019 Workers' Compensation Claims Administration ‐ Aug'19 453.34 453.34
11652 33824‐IN Aztec Landscaping Inc. 07/17/2019 Landscape Mgmt Svc ‐ Jun'19 9,171.00 9,171.00
11653 Aztec Rec 7/24 Aztec Recreation Center 07/17/2019 LG Youth Day Camp Swimming Fieldtrip Passes 7/24/19 825.00 825.00
11654 7/18/19 Bayou Brothers Productions 07/17/2019 Concerts in the Park/Bayou Brothers 7/18/19 600.00 600.00
11655 Aug 2019 California Dental Network Inc. 07/17/2019 California Dental Insurance ‐Aug19 399.94 399.94
11656 7/16/19 California State Disbursement Unit 07/17/2019 Wage Withholding Pay Period Ending 7/16/19 161.53 161.53
11657 1393 City of Chula Vista 07/17/2019 Animal Control Services‐ Jun '19 24,163.00 24,354.64 ACSERV‐Jun 2019 After Hours Calls‐ Jun '19 391.64 ACSERV‐Jun 2019 Credit/Impound Fees/Animal Control Services‐ Jun '19 ‐200.00
11658 20300047 CSAC Excess Insurance Authority 07/17/2019 General Liability 1 Insurance 7/1/19‐6/30/20 89,357.00 114,156.00 20400295 Optional Excess Liability Insurance 7/1/19‐6/30/20 20,278.00 20400396 Master Crime Program 6/30/19‐6/30/20 1,550.00 20400518 Cyber Liability Premium 7/1/19‐6/30/20 1,600.00 20400688 Pollution Liability Insurance 19/20 Installment 7/1/19‐6/30/20 1,371.00
11659 6/17‐20/19 Esgil Corporation 07/17/2019 75% Building Fees‐ 6/17/19‐6/20/19 2,874.24 2,874.24
11660 INV1015749 George Hills Company 07/17/2019 TPA Claims‐ Adjusting/Other Services ‐ Jun 19 2,012.40 2,012.40
11661 114192 Granicus 07/17/2019 Vision Live Subscription Annual Fee 6/27/19‐6/26/20 8,295.00 8,295.00
11662 Guerrero Guerrero, Benito C 07/17/2019 Refund/Guerrero, Benito C/Partial Refund of Zoning Clearance Dep 56.00 56.00
11663 Jul16 19 ICMA 07/17/2019 ICMA Deferred Compensation Pay Period Ending 7/16/19 580.77 580.77
11664 Kyler‐Pearson Kyler‐Pearson, Chawarren 07/17/2019 Refund/Kyler‐Pearson, Chawarren/License No Longer Required 45.00 45.00
11665 1234 Law Offices of James F. Holtz, APC 07/17/2019 Legal Svcs: Expert Cost 15,000.00 15,000.00
11666 Jun 19 Lounsbery Ferguson Altona & Peak LLP 07/17/2019 General 03529‐00001 ‐ Jun '19 6,872.40 15,178.77 Jun 19 Code Enforcemt 03529‐00002 Jun '19 4,687.67 Jun 19 03529‐00006 ‐ Jun '19 581.00 Jun 19 03529‐00011 ‐ Jun '19 482.05 Jun 19 03529‐00013 ‐ Jun '19 2,555.65
11667 Montan Montan, Aaron 07/17/2019 Reimb/Jacket for Traffic Deputy/Stop Fund 180.11 180.11
11668 150174 Pacific Sweeping 07/17/2019 Street Sweeping/Parking Lot ‐ Jun'19 6,428.55 6,428.55
11669 3010297971 Parkhouse Tire Inc. 07/17/2019 E210 ‐ 4 Tires & Installation 1,962.61 1,962.61
11670 1013459456 Pitney Bowes Global Financial Services LLC 07/17/2019 Postage Machine Supplies ‐ Ink Cartridges 274.73 274.73
11671 Jul2019 Preferred Benefit Insurance Administrators 07/17/2019 Dental Insurance‐ PPO ‐Jul'19 2,703.50 2,703.50
11672 2019‐173 Quality Code Publishing LLC 07/17/2019 Internet Website Updating‐ LG Municipal Code 7/1/19‐12/31/19 240.00 240.00
11673 INV00002244 RapidScale Inc. 07/17/2019 Virtual Hosting/Back Up Svc/Cloud Storage 6/30/19‐7/30/19 3,675.78 3,675.78
11674 163077 Republic of Music, LLC 07/17/2019 Concerts in the Park/Republic of Music 8/1/19 800.00 800.00
11675 AR172733 San Diego Association of Governments 07/17/2019 SanDAG Member Agency Assessments ‐ FY'20 10,196.00 10,196.00
11676 330746 San Diego Padres Group 07/17/2019 Summer Daycamp Fieldtrip ‐ SD Padres 7/30/19 2,760.00 2,760.00
11677 Jun19 SDG&E 07/17/2019 Gas & Electric 5/21/19‐6/20/19 21,677.03 21,677.03
11678 Jul 18 Southern CA Firefighters Benefit Trust 07/17/2019 LG Firefighters Benefit Trust 7/18/19 830.70 1,661.40 Jul 3 LG Firefighters Benefit Trust 7/3/19 830.70
11679 071319‐LG Tallal, Inc. 07/17/2019 Outdoor Movie Screen/Movies in the Park/Berry St Pk 7/12/19 545.00 545.00
11680 9833353861 Verizon Wireless 07/17/2019 Modems‐ Cardiac Monitors ‐ 6/4/19‐7/3/19 14.04 14.04
11681 Yubac Yubac, Annie 07/17/2019 Refund/Yubac, Annie/License Renewal Fees/New License Needed 102.00 102.00
11682 118 Aldous, Rachel 07/24/2019 Concerts in the Park/Rachel Aldous & the Road Home 8/15/19 700.00 700.00
11683 Amador Amador, Antonia Bruno 07/24/2019 Refund/Amador, Antonia/Deposit ‐ LBH‐ 6/29/19 400.00 400.00
11684 2019‐78b American Asphalt South, Inc. 07/24/2019 FY2018‐19 Street Rehab Proj/Contract # 2019‐08 ‐ thru 6/30/19 147,572.24 147,572.24
11685 5656748227 AutoZone, Inc. 07/24/2019 Motor Oil 12.95 12.95
11686 AZ1966 Aztec Fence Co II Inc. 07/24/2019 Installation & Removal of Chain link Fence ‐ 7662 Broadway 1,454.00 1,454.00 11687 Jul2019 BCC 07/24/2019 Life Insurance ‐ Jul19 85.33 753.42 Jul2019 LTD Insurance ‐ Jul19 668.09
11688 4847756 Bearcom 07/24/2019 Portable Radios Monthly Contract 6/22/19‐7/21/19 150.00 150.00
11689 945472‐9 BJ's Rentals 07/24/2019 Boom Knuckle Rental ‐ Del Mar Fair Banners 461.45 928.44 953445‐9Eq Rental/Compactor Rammer/Dig Out/Church & Olive 416.47 955256‐9 Propane 6.18 955871‐9 Propane 6.75 957294‐9 Propane 10.48 958577‐9 Propane 27.11
11690 17389 Boot World Inc. 07/24/2019 Work Boots ‐ PW Crew 2,165.53 2,165.53
11691 FY20 Memb‐James California City Management Foundation 07/24/2019 FY2019/20 CCME Membership ‐ James 400.00 400.00
11692 20301739 Canon Financial Services Inc. 07/24/2019 Canon Copier Contract Charge 7/20/19‐8/19/19 81.35 154.08 20301740 Canon Plotter 2 Yr Carepack Contract Charge 7/20/19‐8/19/19 72.73
11693 Chavez Chavez, Latasha 07/24/2019 Refund/Chavez, Latasha/Partial Deposit ‐ LBH‐ 6/15/19 300.00 300.00
11694 4024789974 Cintas Corporation #694 07/24/2019 Janitorial Supplies ‐ 6/27/19 184.91 1,585.91 4025096984 Janitorial Supplies ‐ 7/3/19 1,023.52 4025708901 Janitorial Supplies ‐ 7/11/19 188.74 4026179481 Janitorial Supplies ‐ 7/18/19 188.74
11695 81972244 Corelogic Solutions, LLC. 07/24/2019 Image Requests ‐ Jun'19 5.50 5.50
11696 201900494 County of San Diego/Assessor/Recorder/Clerk 07/24/2019 Recording Services‐ 6/10/19 95.00 95.00
11697 0057 CPRS District 12 07/24/2019 Day Camp Recreation Leader Workshop 6/1/19 150.00 150.00
11698 15548 Custom Auto Wrap Inc. 07/24/2019 Movie Banner/Sponsors 856.61 856.61
11699 5078 D‐ Max Engineering Inc. 07/24/2019 D‐Max Stormwater Prof Svcs thru 6/30/19 400.12 1,023.01 5079 1993 Dain Dr Stormwater Inspection thru 6/30/19 321.38 5080 6800 Mallard Ct Stormwater Inspection thru 6/30/19 163.88 5081 Celsius Phase II Stormwater Inspection thru 6/30/19 111.38 5082 Golden Doors Stormwater Inspection thru 6/30/19 26.25
11700 Del Rio Del Rio, Lory 07/24/2019 Refund/Del Rio, Lory/Deposit ‐ LBH‐ 7/13/19 200.00 200.00
11701 213137 Dell Awards 07/24/2019 Name Plate for City Council Mtgs‐ Viglione 12.93 12.93
11702 18dsbfee3331 Dig Safe Board 07/24/2019 State Fee/Regulatory Monthly Costs/Dig Alert 2018 42.80 42.80
11703 6/24‐27/19 Esgil Corporation 07/24/2019 75% Building Fees‐ 6/24/19‐6/27/19 3,654.88 10,004.73 7/1‐3/19 75% Building Fees‐ 7/1/19‐7/3/19 3,188.43 7/8‐11/19 75% Building Fees‐ 7/8/19‐7/11/19 3,161.42
11704 114533403 Global Equipment Company Inc. 07/24/2019 ADA Outdoor Steel Picnic Tables & Anchor Kits ‐ LG Park 1,566.13 1,566.13
11705 1000000010475946 Globalstar USA, Inc. 07/24/2019 Satellite Service 6/16/19‐7/15/19 174.50 174.50
11706 Gomez Gomez, Mary 07/24/2019 Refund/Gomez, Mary/Deposit ‐ LBH‐ 7/6/19 300.00 300.00
11707 74097 House of Automation 07/24/2019 Service Call‐ Fire Station Gate Repair 350.00 350.00
11708 00064500 Hudson Safe‐T‐ Lite Rentals 07/24/2019 Rivets/Posts/Saddle Connectors/Supplies/PW Streets 311.76 311.76
11709 19‐4616 I love a Clean San Diego 07/24/2019 ILACSD Recycling Educ Community Outreach Events thru 6/30/19 550.00 550.00
11710 134482 Knott's Pest Control, Inc. 07/24/2019 Monthly Bait Stations‐ Civic Ctr ‐ Jul19 60.00 105.00 134483 Monthly Bait Stations‐ Sheriff ‐ Jul19 45.00
11711 105102 League of California Cities 07/24/2019 2019 Local Streets & Roads Needs Assessment 500.00 500.00
11712 1481720 Liebert Cassidy Whitmore 07/24/2019 Prof Svcs: LE 050‐00201 FLSA Audit thru 6/30/19 909.00 909.00
11713 4671215 Mallory Safety and Supply, LLC 07/24/2019 Nitrile Gloves/Straw Hats 274.22 274.22
11714 19‐03 #4 Matrix Consulting Group 07/24/2019 Prof Svcs: Cost Allocation Plan‐ Final 471.00 471.00
11715 MMASC‐Boyce Municipal Management Assn of Southern Ca. 07/24/2019 MMASC Annual Conf/Registration ‐ Boyce 11/13/19‐11/15/19 360.00 360.00
11716 6613 North County EVS, Inc. 07/24/2019 E10 Service & Safety Inspection/Repair AC/Replace Seatbelt 1,791.80 1,847.10 6633 E210 Part/Turn Signal Light Assembly 55.30
11717 Orozco Orozco, Nancy 07/24/2019 Refund/Orozco, Nancy/Daycamp Wk 2 95.00 95.00
11718 Reimb‐7/10/19 Pepin, Matt 07/24/2019 Reimb: Tuition ‐ CC Univ Mgmt Program‐Pepin 2/28/19‐3/31/19 200.00 200.00
11719 PD‐42428 Plumbers Depot Inc. 07/24/2019 Sewer Camera ‐ Recycled Water Puller Package 3/4" 2,796.11 2,796.11
11720 CLGLGAT_201906 Rail Pros 07/24/2019 Prof Svc: LGA Timing Project thru 6/8/19 1,609.76 1,609.76 11721 31753795 RCP Block & Brick, Inc. 07/24/2019 Bulk Decomp Granite ‐ Street Repairs‐ 8000 Broadway/1900 Skyline 79.52 1,339.54 31770079 Landscaping Rocks ‐ Broadway Medians 875.83 31770087 Landscaping Rocks ‐ Broadway Medians 377.34 31771137 Gray Patio Stones ‐Gazebos/Berry St Pk 6.85
11722 0068178 Rick Engineering Company 07/24/2019 Prof Svc: 20A UG Dist Project 4/27/19‐5/31/19 230.00 41,532.71 17546‐F(15) Prof Svc: 2017/18 CIP Sewer Proj‐ 8 Locations 4/27/19‐5/31/19 41,302.71
11723 3394‐18 Select Electric Corp. 07/24/2019 Traffic Signal Dig Alert Markings ‐ Jun'19 267.00 3,923.34 3394‐18 Traffic Signal Service Calls‐ Jun'19 3,656.34
11724 92737216‐001 SiteOne Landscape Supply, LLC 07/24/2019 Hunter Adj Rotor 6" Riser/Sprinkler ‐ PW/Grounds 253.66 253.66
11725 11594 Spring Valley Lawn Mower Shop 07/24/2019 2 Weed Whippers ‐ PW/Streets 756.31 756.31
11726 8054935278 Staples Advantage 07/24/2019 Office Supplies‐ City Hall 727.17 727.17
11727 15608 Statewide Stripes, Inc. 07/24/2019 FY2018/19 Striping & Street Markings Project 43,778.85 43,778.85
11728 TSINV0000031012 TargetSolutions Learning, LLC 07/24/2019 Online Learning & Record Mgmt System‐ 7/1/19‐6/30/20 1,680.00 1,680.00
11729 549001 The New Catillacs 07/24/2019 Concerts in the Park/The New Catillacs 7/25/19 800.00 800.00
11730 277 Torres, Tawnya 07/24/2019 Concerts in the Park/Suspicious Minds 8/8/19 700.00 700.00
11731 620190390 Underground Service Alert of Southern Ca. 07/24/2019 90 New Ticket Charges ‐ Jun'19 158.50 158.50
11732 99168 Vinyard Doors, Inc. 07/24/2019 Repair Damaged Fire Bay Door 6 2,286.00 2,286.00
11733 72214808 Vulcan Materials Company 07/24/2019 Asphalt 101.39 456.43 72256634 Asphalt/SS1H/4.5 Gallon Bucket 201.28 72262908 Asphalt 153.76
11734 7643 W & S Electric Inc. 07/24/2019 Repair/Electrical/Panel Connection ‐ Rec Center 6/17/19 830.45 830.45
11735 STMT 7/12/2019 Wells Fargo 07/24/2019 Cox ‐ Phone/PW Yard/2873 Skyline Dr‐ 6/19/19‐7/18/19 212.03 360.36 Cox ‐ City Hall Fire Alarm Lines 5/27/19‐6/26/19 50.48 Cox ‐ Calsense Modem Line: 8235 Mt Vernon 6/9/19‐7/8/19 94.39 Cox ‐ City Hall Fax Line 6/18/19‐7/17/19 3.46
11736 2016.04‐032 West Coast General Corporation 07/24/2019 LGA Realignment Proj‐ 6/1/19‐6/30/19 8,484.69 140,837.97 2016.04‐033 LGA Realignment Proj‐ 6/1/19‐6/30/19 Retention 132,353.28
771,190.39 771,190.39 CITY OF LEMON GROVE
CITY COUNCIL STAFF REPORT Item No. 1.C Meeting Date: August 6, 2019 Submitted to: Honorable Mayor and Members of the City Council Department: City Manager’s Office Staff Contact: Shelley Chapel, City Clerk [email protected] Item Title: Approval of City Council Meeting Minutes
Recommended Action: Approval of City Council Meeting Minutes.
Environmental Review: Not subject to review Negative Declaration Categorical Exemption, Section Mitigated Negative Declaration
Fiscal Impact: None.
Public Notification: None.
MINUTES OF A MEETING OF THE LEMON GROVE CITY COUNCIL TUESDAY, JULY 16, 2019
The City Council also sits as the Lemon Grove Housing Authority, Lemon Grove Sanitation District Board, Lemon Grove Roadway Lighting District Board, and Lemon Grove Successor Agency.
Call To Order: Mayor Vasquez called the Regular Meeting to order at 6:01 p.m.
Present: Mayor Racquel Vasquez, Mayor Pro Tem David Arambula (left meeting at 6:16 p.m.), Councilmember Jerry Jones, Councilmember Jennifer Mendoza, and Councilmember Matt Mendoza. Absent: None.
Staff Members Present: Lydia Romero, City Manager, Kristen Steinke, City Attorney, Mike James, Assistant City Manager/Public Works Director, Noah Alvey, Community Development Manager, Shelley Chapel, City Clerk, Steven Swaney, Fire Chief, Lieutenant M. Rand, San Diego County Sheriff’s Office - Lemon Grove Substation, Molly Brennan, Administrative Services Director, and Mike Viglione, Assistant Planner.
Pledge of Allegiance: Pledge of Allegiance to the Flag was led by Mayor Pro Tem Arambula.
Public Comments: Appeared to comment were: Shirley A. Hopkins and John L. Wood
City Council Oral Comments & Reports on Meetings Attended At City Expense: (G.C. 53232.3(d))
Councilmember J. Mendoza attended the following meetings and event: League of California Cities Joint Meeting
Councilmember Jones attended the following meetings and events: Metro Wastewater Commission Meeting
Mayor Vasquez attended the following meetings and events: 27th Annual Scottish Rite Award Ceremony Lemon Grove Concerts in the Park Lemon Grove Movies in the Park SANDAG Policy Board Meeting
Consent Calendar:
A. Waive Full Text Reading of All Ordinances on the Agenda. B. Ratification of Payment of Demands C. City Council Meeting Minutes for Regular Meeting of July 2, 2019
City of Lemon Grove Minutes July 16, 2019
D. Approval of Adoption of Resolution 2019-3673 Approving an Agreement with SpringBrook Software. E. Rejection of Claim for Angela Crutchfield F. Rejection of Claim for Heirs to Trevon Harris, Tanya Harris and Tye Harris G. Approval of Letter of Support for Ocean Pollution Reduction Act II of 2019.
Action: Motion by Mayor Pro Tem Arambula, seconded by Councilmember Jones, to approve Consent Calendar Items A-G The motion passed by the following vote: Ayes: Vasquez, Arambula, Jones, J. Mendoza, M. Mendoza Noes: None
Public Hearings:
Mayor Pro Tem Arambula recused himself from Items 2 and 3 due to pending litigation with the Appellant. Mayor Pro Tem Arambula left the Community Meeting Room at 6:16 p.m. and did not return to the meeting. 2. Administrative Appeal AA1-900-0001 Mayor Vasquez introduced Noah Alvey, Community Development Manager, and Mike Viglione, Associate Planner who presented the staff report and PowerPoint Presentation.
Councilmember J. Mendoza disclosed that she is a member of St. John of the Cross Church.
Mayor Vasquez opened the Public Hearing at 6:21 p.m.
Due to the amount of speakers Mayor Vasquez limited speaker’s comments from 3 minutes to 2 minutes. With further discussion and debate from those in attendance, Mayor Vasquez ultimately limited the comments to 1 minute per speaker. (Authority per Lemon Grove Municipal Code Sections 2.14.080(c)(2) and 2.14.150 (a)(10))
Appeared to comment were: Priscilla Pascual, Mike Pascual, Arturo, Donna Adams, Cookie Ringhand, Kathleen McLean, Skye Ross, Ukiah Dublinski, Abraham Mihcize, Dave Miller, John Evin, David, Cara Anderson, Leonard Hoaz, Tiffany Cager, Gina Skov, Bruce Cadman, and Jarrett Hart.
Appellant Chris Williams provided a presentation to the City Council.
Councilmember J. Mendoza left the dais at 7:16 p.m. and returned at 7:17 p.m.
Action: The public hearing was closed at 7:59 p.m. on a motion by Councilmember Jones, and second by Councilmember J. Mendoza. The motion passed by the following roll call vote: Ayes: Vasquez, Jones, J. Mendoza, M. Mendoza Noes: None Recused: Arambula
During the discussion Councilmembers discussed whether they recognized findings that would determine that the decision of the Development Services Director to be upheld.
2
City of Lemon Grove Minutes July 16, 2019
Adoption of the Resolution Upholding the Development Services Department Decision to Deny Zoning Clearance Application ZCM-180-0004.
Action: It was moved by Councilmember J. Mendoza, and seconded by Councilmember M. Mendoza to Adopt Resolution No. 2019-3674, upholding the Development Services Department Decision to Deny Zoning Clearance Application ZCM-180- 0004. The motion passed by the following roll call vote: Ayes: Vasquez, Jones, J. Mendoza, M. Mendoza Noes: None Recused: Arambula 3. Administrative Appeal AA1-900-0002 Mayor Vasquez introduced Noah Alvey, Community Development Manager, and Mike Viglione, Associate Planner who presented the staff report and PowerPoint Presentation.
Councilmember Jones disclosed he had a brief discussion regarding a letter the resident previously sent to Council regarding the address in the appeal.
Councilmember J. Mendoza disclosed that she is a member of the parish of the St. John of the Cross Catholic Church and has had discussions with parish members regarding the item.
At the request of the Appellant for a brief request to allow him to prepare for the second Appeal. Mayor Vasquez called a brief recess at 8:26 p.m. and reconvened the meeting at 8:33 p.m. with those Councilmembers in attendance were all present.
Appellant Chris Williams provided a presentation to the City Council. Mr. Williams introduced Rick Turner Consultant who spoke to the item.
Mayor Vasquez opened the Public Hearing at 8:25 p.m.
Mayor Vasquez limited the comments to 1 minute per speaker. (Authority per Lemon Grove Municipal Code Sections 2.14.080(c)(2) and 2.14.150 (a)(10))
Appeared to comment were: John L. Wood, Jesse Ramirez, Jim Stanley, Anne Doyle, Kathleen McLean, Tony Reveles, David, Cara Anderson, Gina Skov, Jarrett Hart, Teresa Rosaik-Proffit, Greg Krumm, Abraham Mihcize, Ukiah Dublinski, Rick Turner, and Eddy Wibowd.
During the discussion Councilmembers discussed whether they recognized findings that would determine that the decision of the Development Services Director to be upheld.
Mayor Vasquez called a brief recess at 8:40 p.m. and reconvened the meeting at 8:43 p.m. with those Councilmembers in attendance were all present.
Mayor Vasquez left the dais at 10:43 p.m. and returned at 10:44 p.m.
City Attorney Steinke and Mayor Vasquez reminded the Appellant several times to focus his appeal to the item.
3
City of Lemon Grove Minutes July 16, 2019
Adoption of the Resolution Upholding the Development Services Department Decision to Deny Zoning Clearance Application ZCM-180-0006.
Action: The public hearing was closed at 11:30 p.m. on a motion by Councilmember Jones and second by Councilmember J. Mendoza. The motion passed by the following vote: Ayes: Vasquez, Jones, J. Mendoza, M. Mendoza Noes: None Recused: Arambula
Mayor Vasquez called a brief recess at 11:59 p.m. and reconvened the meeting on Wednesday, July 17, 2019, 12:05 a.m. with those Councilmembers in attendance were all present.
Action: It was moved by Councilmen Jones and seconded by Councilmember J. Mendoza to Adopt Resolution No. 2019-3675 Upholding the Development Services Department Decision to Deny Zoning Clearance Application ZCM-180-0006. The motion passed by the following vote: Ayes: Vasquez, Jones, J. Mendoza, M. Mendoza Noes: None Recused: Arambula
City Attorney Kristen Steinke announced the City Council will be adjourning to Closed Session at Wednesday, July 17, 2019, 12:13 a.m.
City Attorney Kristen Steinke reported that the items listed for Closed Session have been continued to the July 23, 2019, Special City Council Meeting. Consensus by City Councilmembers present.
Items Continued to July 23, 2019 Special City Council Meeting.
Closed Session:
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9b Number of potential cases: 1
2. LIABILITY CLAIM (GOVERNMENT CODE SECTION §54956.95) Claimant: Hasen, Harold Agency Claimed Against: City of Lemon Grove
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code Section 54956.9 Name of Case: City of Lemon Grove v. The Grove Collective, et al. (CASE NO. 37-2016-00015271-CU-BC-CTL)
4
City of Lemon Grove Minutes July 16, 2019
4. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS Government Code Section 54956.8 Property: 3600 block of Olive, Lemon Grove, CA 91945 Agency Negotiation: City of Lemon Grove Negotiating Parties: City Manager, Lydia Romero, and Assistant City Manager, Mike James Under Negotiation: Instruction to Negotiate
5. PUBLIC EMPLOYEE EMPLOYMENT Government Code Section 54957 Performance Evaluation: City Manager
Adjournment: There being no further business to come before the Council, the meeting was adjourned on Wednesday, July 17, 2019, at 12:17 a.m. to a Special Meeting to be held Tuesday, July 23, 2019, in the Lemon Grove Community Center located at 3146 School Lane, for a Special Study Session Meeting.
______Shelley Chapel, MMC City Clerk
5
MINUTES OF A SPECIAL MEETING OF THE LEMON GROVE CITY COUNCIL TUESDAY, JULY 23, 2019
The City Council also sits as the Lemon Grove Housing Authority, Lemon Grove Sanitation District Board, Lemon Grove Roadway Lighting District Board, and Lemon Grove Successor Agency.
Call To Order: Mayor Vasquez called the Regular Meeting to order at 6:00 p.m.
Pledge of Allegiance: Pledge of Allegiance to the Flag was led by Mike James, Assistant City Manager.
Present: Mayor Racquel Vasquez, Mayor Pro Tem Jerry Jones, Councilmember Jennifer Mendoza, Councilmember David Arambula, and Councilmember Matt Mendoza. Absent: None.
Staff Members Present: Lydia Romero, City Manager, Kristen Steinke, City Attorney, Mike James, Assistant City Manager, Shelley Chapel, City Clerk, Molly Brennan, Administrative Services Director, and Noah Alvey, Community Development Manager.
Revenue Options Discussion: Lydia Romero, City Manager and Molly Brennan, Administrative Services Director provided the PowerPoint presentation and overview for discussion. Provided in the presentation was an overview of revenue options and provide direction to staff regarding the development of a work plan.
The City Council provided the City Manager and Administrative Services Director Confirmation of consensus on areas they agreed with staff regarding revenue options. Those options included a Transaction and Use Tax, and Cannabis Tax. Reference: Lydia Romero, City Manager and Molly Brennan, Administrative Services Director Recommendation: Discuss and Provide Direction to Staff
Public Comment: Appeared to comment were: David, and Melanie Lucer
City Attorney Kristen Steinke announced the City Council will be adjourning to Closed Session at 8:20 p.m.
City Attorney Kristen Steinke reported that the items listed for Closed Session have been continued to the July 23, 2019, Special City Council Meeting. Consensus by City Councilmembers present.
City of Lemon Grove Minutes July 23, 2018
Closed Session: (Continued from July 16, 2019 City Council Meeting)
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9b Number of potential cases: 1
2. LIABILITY CLAIM (GOVERNMENT CODE SECTION §54956.95) Claimant: Hasen, Harold Agency Claimed Against: City of Lemon Grove
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code Section 54956.9 Name of Case: City of Lemon Grove v. The Grove Collective, et al. (CASE NO. 37-2016-00015271-CU-BC-CTL)
4. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS Government Code Section 54956.8 Property: 3600 block of Olive, Lemon Grove, CA 91945 Agency Negotiation: City of Lemon Grove Negotiating Parties: City Manager, Lydia Romero, and Assistant City Manager, Mike James Under Negotiation: Instruction to Negotiate
5. PUBLIC EMPLOYEE EMPLOYMENT Government Code Section 54957 Performance Evaluation: City Manager
City Attorney Kristen Steinke reported no reportable action on items discussed in Closed Session.
Adjournment: There being no further business to come before the Council, the meeting was adjourned at 9:16 p.m. to a meeting to be held Tuesday, August 6, 2018, in the Lemon Grove Community Center located at 3146 School Lane, for a Regular meeting.
______Shelley Chapel, MMC City Clerk
2
CITY OF LEMON GROVE
CITY COUNCIL STAFF REPORT Item No. 1.D Meeting Date: August 6, 2019 Submitted to: Honorable Mayor and Members of the City Council Department: Public Works Department Staff Contact: Stephanie Boyce, Senior Management Analyst [email protected] Item Title: Accept the FY 2018-19 Street Rehabilitation Project (Contract No. 2019-08) as Complete
Recommended Action: Adopt a resolution accepting the FY 2018-19 Street Rehabilitation Project (Contract No. 2019-08) as complete.
Summary: In support of the City’s Capital Improvement Program, the City awarded the FY 2018-19 Street Rehabilitation Project to American Asphalt South in March 2018.
Background: On March 19, 2019, American Asphalt South was awarded the FY 2018- 19 Street Rehabilitation Project (Contract No. 2019-08) with a total bid cost including Additive Alternates of $464, 315.72 and a project budget not to exceed $521,747.29. Since the project was awarded, there were three change orders. Change Order No.1 was issued for the addition of sealing cracks ¼” and larger, traffic control, and clean-up of crack sealed areas. Change Order No. 2 was issued for various unforeseen items including the addition and deduction of slurry and deep grind and replace with hot mix asphalt. Change Order No. 3 included project deductions and increases. The overall change orders reflects the unforeseen construction items, project deductions and increase of construction quantities, time and materials by $1,559.78. The final project cost totaled $465,876.50. On July 11, 2019, staff completed the final inspection of the improvements and determined the work was completed per the contract specifications.
Staff recommends that the City Council adopts a resolution (Attachment A) accepting the work as complete, authorizes the City Manager or designee to file a notice of completion with the County of San Diego, and authorizes staff to release the retention no sooner than thirty (30) days after the notice of completion has been filed.
Accept FY 2018-19 Street Rehabilitation Project as Complete August 6, 2019 P a g e | 1
Environmental Review: Not subject to review Negative Declaration Categorical Exemption, Section Mitigated Negative Declaration
Fiscal Impact: TransNet and Gas Tax funds were budgeted for this project as part of the Capital Improvement Program.
Public Notification: None.
Staff Recommendation: That the City Council adopts a resolution accepting the FY 2018-19 Street Rehabilitation Project as complete.
Attachments: Attachment A – Resolution
Accept FY 2018-19 Street Rehabilitation Project as Complete August 6, 2019 P a g e | 2
Attachment A
RESOLUTION NO. 2019 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LEMON GROVE, CALIFORNIA, ACCEPTING THE FY 2018-19 STREET REHABILITATION PROJECT (CONTRACT NO. 2019-08) AS COMPLETE WHEREAS, on March 19, 2019, the City Council awarded the FY 2018-19 Street Rehabilitation Project (Contract No. 2019-08) to American Asphalt South; and
WHEREAS, the contract bid amount was established at $464, 315.72 with Additive Alternates and a total project budget not to exceed $521,747.29; and
WHEREAS, three change orders in the total amount of $1,559.78 increased the original contract price of $464,315.72 to 465,875.50; and
WHEREAS, the final project cost of $465,876.50 was allocated for this project from TransNet and Gas Tax funds; and
WHEREAS, on July 11, 2019, American Asphalt South completed the scope of work as defined by the original contract and change orders; and
WHEREAS, City staff inspected all of the improvements and determined that American Asphalt South fulfilled its contractual obligations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lemon Grove, California hereby:
1. Accepts the work for the FY 2018-19 Street Rehabilitation Project (Contract No. 2019-08) as complete; and 2. Authorizes the City Manager or designee to file a notice of completion with the County of San Diego; and 3. Authorizes city staff to release the retention no sooner than thirty (30) days after the notice of completion is filed.
Attachment A
Accept FY 2018-19 Street Rehabilitation Project as Complete August 6, 2019 P a g e | 3
PASSED AND ADOPTED on ______, 2019, the City Council of the City of Lemon Grove, California, adopted Resolution No. ______, passed by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
______Racquel Vasquez, Mayor Attest:
______Shelley Chapel, MMC, City Clerk
Approved as to Form:
______Kristen Steinke, City Attorney
Accept FY 2018-19 Street Rehabilitation Project as Complete August 6, 2019 P a g e | 4
CITY OF LEMON GROVE
CITY COUNCIL STAFF REPORT Item No. 1.E Meeting Date: August 6, 2019 Submitted to: Honorable Mayor and Members of the City Council Department: Public Works Department Staff Contact: Stephanie Boyce, Senior Management Analyst [email protected] Item Title: Accept the Community Development Block Grant (CDBG) 2019 Street Rehabilitation and ADA Pedestrian Curb Ramp Project (Contract No. 2019-12) as Complete
Recommended Action: Adopt a resolution accepting the Community Development Block Grant (CDBG) 2019 Street Rehabilitation and ADA Pedestrian Curb Ramps Project (Contract No. 2019-12) as complete.
Summary: In support of the City’s Capital Improvement Program, the City awarded the CDBG 2019 Street Rehabilitation and ADA Pedestrian Curb Ramps Project to PAL General Engineering, Inc. in May 2019.
Background: On May 7, 2019, PAL General Engineering, Inc. was awarded the CDBG 2019 Street Rehabilitation and ADA Pedestrian Curb Ramps Project (Contract No. 2019- 12) with a total bid cost of $176,496.00 and a project budget not to exceed $207,145.60. There were no change orders for this project and the final project cost totaled $172,429.00 including material testing. On June 27, 2019, staff completed the final inspection of the improvements and determined the work was completed per the contract specifications.
Staff recommends that the City Council adopts a resolution (Attachment A) accepting the work as complete, authorizes the City Manager or her designee to file a notice of completion with the County of San Diego, and authorizes staff to release the retention no sooner than thirty (30) days after the notice of completion has been filed.
Accept the CDBG 2019 Street Rehab and ADA Ped Curb Ramp Project as Complete August 6, 2019 P a g e | 1
Environmental Review: Not subject to review Negative Declaration Categorical Exemption, Section Mitigated Negative Declaration
Fiscal Impact: Community Development Block Grant (CDBG) funds were budgeted for this project
Public Notification: None.
Staff Recommendation: That the City Council adopt a resolution accepting the CDBG 2019 Street Rehabilitation and ADA Pedestrian Curb Ramps Project (Contract No. 2019- 12) as complete.
Attachments: Attachment A – Resolution
Accept the CDBG 2019 Street Rehab and ADA Ped Curb Ramp Project as Complete August 6, 2019 P a g e | 2
Attachment A
RESOLUTION NO. 2019 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LEMON GROVE, CALIFORNIA, ACCEPTING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2019 STREET REHABILITATION AND ADA CURB RAMPS PROJECT (CONTRACT NO. 2019-12) AS COMPLETE WHEREAS, on May 7, 2019, the City Council awarded the CDBG 2019 Street Rehabilitation and ADA Pedestrian Curb Ramps Project (Contract No. 2019-12) to PAL General Engineering, Inc.; and
WHEREAS, the contract bid amount was established at $176,496.00 and a total project budget not to exceed $207,145.60; and
WHEREAS, there were no change orders for this project; and
WHEREAS, the final project cost of $172,429.00 was allocated for this project from CDBG funds; and
WHEREAS, on June 27, 2019, PAL General Engineering, Inc. completed the scope of work as defined by the original contract and change orders; and
WHEREAS, City staff inspected all of the improvements and determined that American Asphalt South fulfilled its contractual obligations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lemon Grove, California hereby:
1. Accepts the work for the CDBG 2019 Street Rehabilitation and ADA Pedestrian Curb Ramps Project (Contract No. 2019-12) as complete; and 2. Authorizes the City Manager or her designee to file a notice of completion with the County of San Diego; and 3. Authorizes city staff to release the retention no sooner than thirty (30) days after the notice of completion is filed.
Accept the CDBG 2019 Street Rehab and ADA Ped Curb Ramp Project as Complete August 6, 2019 P a g e | 3
Attachment A
PASSED AND ADOPTED on ______, 2019, the City Council of the City of Lemon Grove, California, adopted Resolution No. ______, passed by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
______Racquel Vasquez, Mayor Attest:
______Shelley Chapel, MMC, City Clerk
Approved as to Form:
______Kristen Steinke, City Attorney
Accept the CDBG 2019 Street Rehab and ADA Ped Curb Ramp Project as Complete August 6, 2019 P a g e | 4
CITY OF LEMON GROVE
CITY COUNCIL STAFF REPORT Item No. 1.F Meeting Date: August 6, 2019 Submitted to: Honorable Mayor and Members of the City Council Department: Public Works Department Staff Contact: Mike James, Assistant City Manager / Public Works Director [email protected] Item Title: Rejection of Claim
Recommended Action: That the City Council rejects a claim submitted by Daniel M. DiRe, Esq. of Donald R. Holben & Associates, APC. on behalf of Harold D. Hansen.
Summary: On July 8, 2019, the City of Lemon Grove received a claim from Daniel M. DiRe, Esq. of Donald R. Holben & Associates, APC. on behalf of Harold D. Hansen. After reviewing the claim, staff recommends that the City Council rejects the claim.
Environmental Review: Not subject to review Negative Declaration Categorical Exemption, Section Mitigated Negative Declaration Fiscal Impact: None.
Public Notification: None.
Staff Recommendation: That the City Council rejects a claim submitted by Daniel M. DiRe, Esq. of Donald R. Holben & Associates, APC. on behalf of Harold D. Hansen
Attachments: None.
Rejection of Claim August 6, 2019 P a g e | 1
CITY OF LEMON GROVE
CITY COUNCIL STAFF REPORT Item No. 1.G Meeting Date: August 6, 2019 Submitted to: Honorable Mayor and Members of the City Council Department: Public Works Department Staff Contact: Mike James, Assistant City Manager / Public Works Director [email protected] Item Title: Landscape Maintenance Agreement on State Route 94 at Lemon Grove Avenue
Recommended Action: That the City Council adopt a resolution (Attachment A) approving the amendment to the Landscape Maintenance Agreement on State Route 94 at Lemon Grove Avenue. Summary: In June 2019, while city staff was reviewing agreements related to Caltrans right-of-way (ROW) it was discovered that the landscape maintenance agreement (LMA) governing the maintenance activities at State Route 94 (SR-94) and Lemon Grove Avenue expired in 2018. Staff contacted Caltrans staff to inquire about the agreement and the responsibility for on-going maintenance and learned that a LMA expiring is highly unusual and likely an error because all of the Caltrans LMA’s are typically perpetual agreements with the neighboring agencies maintaining the each area. With this new information city staff requested that Caltrans prepare a new agreement (Attachment A) and update the maintenance area to only include the city’s ROW (Attachment B). Background: In 1997, the City, in cooperation with the Soroptimist community group, initiated a beautification project for the interchange of SR 94 and Lemon Grove Avenue by which the landscaping and irrigation within the Caltrans right-of-way would be enhanced to create a more appealing entrance to Lemon Grove. The project became known as “Plant Lemon Grove!”. On April 14, 1998, the City was issued Caltrans Encroachment Permit No. 11-97-NLF0642 for the “Plant Lemon Grove!” project. A condition written by Caltrans into that encroachment permit was that upon completion of construction the City Council would approve a LMA committing the City to maintain the landscaping planted and irrigation installed as part of that project for a period of 20 years. The “Plant Lemon Grove!” landscaping and irrigation was installed by a combination of City staff, volunteers, and Sheriff’s Department community service teams. It was
LMA on SR 94 August 6, 2019 P a g e | 1 completed on April 25, 1998. The City has been performing maintenance on the interchange ever since. Per the original agreement, Caltrans would assume maintenance of the landscaping and irrigation of the interchange after 2018. Discussion: In June 2019, city staff, while reviewing all Caltrans related freeway maintenance agreements (FMA) and LMA’s discovered that the 20-year LMA commitment had indeed expired in 2018. After contacting Caltrans staff to inquire about handing the area back to Caltrans to maintain, a more in depth discussion was held regarding this area. According to Caltrans staff, it is standard for the local governmental entity to maintain these areas into perpetuity and this is similar for all interchanges off Caltrans roadways in the county. This response from Caltrans prompted City staff to review the benefits and drawbacks of amending the LMA and continuing to perform all maintenance activities in the Plant Lemon Grove area. The benefits of maintaining the area is that the City: 1. Has full control over what is to be maintained, 2. Determines what will be planted/removed, 3. Determines what frequency the maintenance activities will occur, and 4. Has the ability to aesthetically match the landscaping in the project area with the rest of the landscaping that was planted in the Lemon Grove Avenue Realignment project area. Conversely, the drawbacks of maintaining the area includes: 1. $458 per month cost payable to the City’s contacted landscaping company, and 2. On-going liability for maintaining the area. Three key factors that staff took into consideration when preparing the recommendation to amend the agreement was the City would continue to maintain and control the landscaping of the area to match the rest of the gateway entrance at Lemon Grove Avenue at SR-94 and the cost to maintain the area is already included in the Fiscal Year 2019- 2020 budget. Lastly, the total amount of square footage is anticipated to decrease with this amendment. As it currently is contracted, there are 4.87 acres maintained (Attachment B). With the amendment, as shown in Attachment A, that total acreage will decrease to approximately 2.4 acres. The decrease in cost will, assumingly a proportionate decrease based on the reduction in acreage, decrease from $458 per month to approximately $230 per month. For these reasons, staff is recommending that the City Council adopt a resolution that approves the amendment to the LMA at SR-94 and Lemon Grove Avenue.
Environmental Review: Not subject to review Negative Declaration Categorical Exemption, Section Mitigated Negative Declaration
LMA on SR 94 August 6, 2019 P a g e | 2
Fiscal Impact: None.
Public Notification: None.
Staff Recommendation: That the City Council adopt a resolution (Attachment A) approving the amendment to the Landscape Maintenance Agreement on State Route 94 at Lemon Grove Avenue.
Attachments: Attachment A – Resolution Attachment B – Previous Maintenance Area Map
LMA on SR 94 August 6, 2019 P a g e | 3
Attachment A RESOLUTION NO. 2019 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LEMON GROVE, CALIFORNIA, AMENDING A LANDSCAPE MAINTENANCE AGREEMENT WITH CALTRANS FOR THE STATE ROUTE 94 AT LEMON GROVE AVENUE INTERCHANGE WHEREAS, on April 14, 1998 the City was issued Caltrans encroachment permit for the installation of landscaping and irrigation at the State Route 94 / Lemon Grove Avenue interchange for a beautification project known as “Plant Lemon Grove!”; and WHEREAS, a condition of that encroachment permit was that the City would maintain the landscaping and irrigation installed for a period of 20 years; and WHEREAS, since 2018, the encroachment permit has expired; and WHEREAS, Caltrans and City staff discussed extending the encroachment permit into perpetuity and updating the maintenance areas to better reflect maintenance responsibilities based on City/Caltrans right-of-way; and WHEREAS, the benefits of the City continuing to maintain the landscaped area outweigh the drawbacks; and WHEREAS, the proposed amendment to the landscape maintenance agreement (Exhibit 1) is in accord with the City’s long term vision to maintain a major entrance into the City via this interchange. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lemon Grove, California hereby: 1. Amends a landscape maintenance agreement with Caltrans for the State Route 94 at Lemon Grove Avenue interchange, and 2. Requests the Mayor or her designee execute said agreement. PASSED AND ADOPTED on ______, 2019, the City Council of the City of Lemon Grove, California, adopted Resolution No. ______, passed by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
______Racquel Vasquez, Mayor Attest: Shelley Chapel, MMC, City Clerk
Approved as to Form: Kristen Steinke, City Attorney
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Attachment A – Exhibit 1
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Attachment B
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CITY OF LEMON GROVE
CITY COUNCIL STAFF REPORT Item No. 1.H Meeting Date: August 6, 2019 Submitted to: Honorable Mayor and Members of the City Council Department: Public Works Department Staff Contact: Mike James, Assistant City Manager / Public Works Director [email protected] Item Title: Rejection of Claim
Recommended Action: That the City Council rejects a claim submitted by Dante Pride, Esq. of the Pride Law Firm on behalf of Pick Axe Holdings, LLC – Christopher Williams.
Summary: On June 10, 2019, the City of Lemon Grove received a late and insufficient claim submitted by Dante Pride, Esq. of the Pride Law Firm on behalf of Pick Axe Holdings, LLC – Christopher Williams. On June 27, 2019, staff notified the claimant’s attorney that the claim was late and it did not include the necessary information to be considered a complete claim. No response from the claimant’s attorney has been received. Therefore, staff recommends that the City Council rejects the claim.
Environmental Review: Not subject to review Negative Declaration Categorical Exemption, Section Mitigated Negative Declaration Fiscal Impact: None.
Public Notification: None.
Staff Recommendation: That the City Council rejects a claim submitted by Dante Pride, Esq. of the Pride Law Firm on behalf of Pick Axe Holdings, LLC – Christopher Williams.
Attachments: None.
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CITY OF LEMON GROVE
CITY COUNCIL STAFF REPORT Item No. __1.I___ Meeting Date: August 6, 2019 Submitted to: Honorable Mayor and Members of the City Council Department: City Manager’s Office Staff Contact: Lydia Romero, City Manager
Item Title: Authorize Execution of Agreement for Participation in the San Diego County’s California Identification System (CAL- ID) Remote Access Network
Recommended Action: Authorize the City Manager to execute the five (5) year CAL- ID Agreement with the County of San Diego.
Summary: The California Department of Justice maintains an automated system for retaining and identifying fingerprints, palm prints and photos. This system known as the California Identification System (CAL-ID) allows for remote access to local law enforcement agencies. The San Diego County Sheriff’s Department is the City’s proprietary agency for accessing and utilizing this system.
The City of Lemon Grove participates in the CAL-ID program through a user agreement with Sheriff’s department. It is an integral part of the overall law enforcement efforts of the City. The Annual operating costs for the program is shared by all 18 cities and the County of San Diego. The agreed upon formula is 50% based on population and 50% based on the number of FBI crimes. CAL-ID services and costs are not included as part of the City’s general law enforcement contract with the Sheriff’s Department; this cost is budgeted separately with the public safety public of the General Fund.
The term of the agreement is five (5) years, effective July 1, 2019 to June 30, 2024.
Environmental Review: Not subject to review Negative Declaration Categorical Exemption, Section Mitigated Negative Declaration Fiscal Impact: The City of Lemon Grove’s fair share is $6288, this amount is already included in the public safety budget of the General Fund.
Public Notification: None
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Staff Recommendation: Adopt Resolution authorizing the City Manager to execute the five (5) year CAL-ID Agreement with the County of San Diego.
Attachment: Attachment A – Resolution
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Attachment A
RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LEMON GROVE , CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE (5) YEAR AGREEMENT TO PARTICIPATE IN THE CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK WITH THE SAN DIEGO COUTNY SHERIFF’S DEPARTMENT THE PERIOD OF JULY 1, 2019 THROUGH JUNE 30, 2024
WHEREAS, the San Diego County Sheriff’s Department is the proprietary agency for the California Identification System Remote Access Network, CAL-ID; and
WHEREAS, the City of Lemon Grove participates in the CAL_ID program through a user agreement with the San Diego County Sheriff’s Department; and
WHEREAS, the previous user agreement expired June 30, 2019; and
WHEREAS, the City desires to enter into an agreement for another five (5) year agreement for CAL-ID services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lemon Grove, California, hereby authorizes the City Manager to execute a five (5) year agreement with the San Diego County Sheriff’s Department and City of Lemon Grove (Exhibit 1). PASSED AND ADOPTED on ______, 2019, the City Council of the City of Lemon Grove, California, adopted Resolution No. ______, passed by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
______Racquel Vasquez, Mayor
Attest: Shelley Chapel, MMC, City Clerk
Approved as to Form: Kristen Steinke, City Attorney
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CITY OF LEMON GROVE
CITY COUNCIL STAFF REPORT Item No. 2 Meeting Date: August 6, 2019 Submitted to: Honorable Mayor and Members of the City Council Department: Community Development Staff Contact: Noah Alvey, Community Development Manager [email protected] Item Title: Regional Housing Needs Assessment
Recommended Action: That the City Council receives the report.
Summary: At the request of Councilmember Jones and Councilmember J. Mendoza, this item is before the City Council tonight.
The San Diego Association of Governments (SANDAG), in consultation with the California Department of Housing and Community Development (HCD), is required by California state law to undertake a Regional Housing Needs Assessment (RHNA) prior to each Housing Element cycle for the 19 local jurisdictions in the San Diego region. On July 5, 2018, HCD determined the San Diego region would need to plan for 171,685 housing units during the 6th Housing Element cycle (2021-2029), which is an increase of almost 10,000 housing units from the HCD determination for the 5th Housing Element cycle of 161,980 housing units. In December of 2018 the SANDAG Board of Directors formed a RHNA subcommittee to assist in the development of a RHNA methodology to equitably distribute the housing units from the State. On July 26, 2019 the SANDAG Board of Directors released a draft RHNA methodology for public review which reflects priorities such as increasing transit use, improving the jobs and housing relationship, providing an equitable distribution of housing, and reducing greenhouse gas emissions.
The RHNA methodology results in an increase in the number of housing units allocated to the City of Lemon Grove (City) from 309 units in the previous 5th Housing Element cycle to 1,359 units in the current 6th Housing Element cycle. The proposed increase is sizable, however the 2013 General Plan Housing Element indicates a capacity of 1,240 housing units and excludes opportunities that emerged later in the 5th Housing Element cycle. The RHNA methodology is also similar to the methodology that SANDAG uses for grant programs, which recently included a $2.5 million grant for the Connect Main Street
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project. An increase in the RHNA allocation also presents legislative penalties and risks as the State continues to update housing related regulations that require housing production. The public review period for the RHNA methodology will be held through August 23, 2019. All public comments must be submitted to SANDAG by August 21, 2019 at 5 p.m. to be included in handouts provided to the SANDAG Board of Directors during the public hearing.
Discussion: On July 5, 2018, HCD determined the San Diego region would need to plan for 171,685 housing units during the 6th Housing Element cycle (2021-2029) which is an increase of almost 10,000 housing units from the HCD determination for the 5th Housing Element cycle of 161,980 housing units. The SANDAG Board of Directors discussed options for adjustments to the number of housing units based on vacancy rates, overcrowding, and for housing lost by demolition or natural disaster to better reflect conditions in the region. Comments included concerns that negotiating with HCD to reduce the number of housing units in previous RHNA cycles had contributed to the current housing crisis. On June 8, 2019, the SANDAG Board of Directors decided not to pursue a housing unit reduction and accepted the determination from HCD of 171,685 housing units.
On December 21, 2018, the Board of Directors formed a RHNA Subcommittee to review and provide input and guidance on potential policy and technical options for developing the RHNA methodology, which was then used for the allocation of housing units to each jurisdiction. During the previous 5th Housing Element cycle the RHNA allocation was partially determined based on growth forecasts and General Plan capacity for each jurisdiction. For the current 6th Housing Element cycle, the RHNA methodology focused on five objectives in state law to increase housing supply, promote infill development, improve jobs/housing relationship, allocate housing in an equitable manner, and further fair housing. Based upon objectives in state law, the RHNA Subcommittee proposed an allocation of 65% of the RHNA housing units based on transit and 35% based on proximity to jobs, and included an equity adjustment. The equity adjustment is intended to improve the balance between the number of low-wage jobs and the number of housing units affordable to low-wage workers in each jurisdiction by allocating a higher share of low and very low-income housing units to jurisdictions that currently have a smaller share of low-and very low-income households than the regional share.
On July 26, 2019 the SANDAG Board of Directors released a draft RHNA methodology for public review (Attachment A). The draft RHNA methodology results in an increase in the number of housing units allocated to the City of Lemon Grove from 309 units in the previous 5th Housing Element cycle to 1,359 units in the current 6th Housing Element cycle (see Table A).
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Table A Comparison of Housing Element Cycles Very Low Low Moderate Above Mod. Total 5th Cycle 77 59 54 119 309 6th Cycle 298 167 194 708 1,359* * Reflects a 7 unit reduction based on the SANDAG Board of Director’s decision to not include a military housing adjustment in the draft RHNA methodology
Overall, the number of housing units for many jurisdictions with transit infrastructure increased due to a greater than 16,000 housing unit reduction allocated to the unincorporated portion of San Diego County, which does not have significant transit infrastructure. The largest percentage increase of more than 1500% was allocated to the City of Coronado and the largest numerical increase of approximately 20,000 units was allocated to the City of San Diego.
The proposed RHNA allocation for the City is higher than the previous Housing Element cycle, however, it is important to note that the City’s 2013 Housing Element identified capacity for 1,240 housing units. The City’s 2013 Housing Element also excluded opportunities for additional housing units such an expansion of the Downtown Village Specific Plan or a partnership with the Metropolitan Transit System to develop the Massachusetts Ave. Trolley Station parking lot.
SANDAG grant funding programs, such as the Smart Growth Incentive Program (SGIP), prioritize transit oriented areas by funding infrastructure projects and planning activities that facilitate compact, mixed-use, transit oriented development and increase housing and transportation choices. The RHNA methodology released by the SANDAG Board of Directors is similar to the SGIP methodology as both prioritize transit use and housing opportunities. During the most recent SGIP finding cycle, the City received a $2.5 million grant for the Connect Main Street project.
The public review period for the RHNA methodology will be held through August 23, 2019 at which time the SANDAG Board of Directors will hold a public hearing. All public comments must be submitted to SANDAG by August 21, 2019 at 5 p.m. to be included in handouts provided to the SANDAG Board of Directors during the public hearing.
Environmental Review: Not subject to review Negative Declaration Categorical Exemption, Section Mitigated Negative Declaration
Fiscal Impact: None
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Public Notification: None
Staff Recommendation: That the City Council receives the report.
Attachments: A – Draft 6th Cycle Regional Housing Needs Assessment Methodology B – SANDAG RHNA Presentation
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DRAFT July 26, 2019 6th Cycle Regional Housing Needs Assessment Methodology Table of Contents
Overview ...... 2 Draft Regional Housing Needs Assessment Methodology ...... 2 Underlying Data and Assumptions ...... 3 Proximity to Transit ...... 3 Proximity to Jobs ...... 5 Equity Adjustment ...... 6 Local Government Conditions...... 8 Board of Directors ...... 9 Regional Housing Needs Assessment Subcommittee ...... 9 Regional Planning Technical Working Group ...... 9 Regional Planning Committee ...... 10 Regional Housing Needs Assessment Objectives and Factors ...... 10 Objectives ...... 10 Factors ...... 13
Overview On July 5, 2018, the State Department of Housing and Community Development (HCD) determined the San Diego region would need to plan for 171,685 housing units (Regional Housing Needs Assessment [RHNA] Determination) during the 6th Housing Element Cycle (2021-2029). As the council of governments for the San Diego region, the San Diego Association of Governments (SANDAG) is responsible for developing a methodology for allocating the regional housing need among the region’s 19 jurisdictions. The methodology must distribute each jurisdiction’s housing unit allocation among the four income categories – low, very-low, moderate, and above moderate – and further the objectives set forth in state law. State housing element law requires SANDAG to provide a discussion of the draft methodology that includes the data and assumptions relied upon, and an explanation of how information about local government conditions and how each of the factors required by law was used to develop the draft methodology. (See Government Code Section 65584.04.) SANDAG must also describe how the draft methodology would further the five objectives in Government Code Section 65584. This document is meant to provide the information required by statute to assist the public in understanding the basis for the draft methodology. State law also prohibits consideration of certain criteria. The following justifications have not been used in development of the draft methodology and cannot be the basis for a determination of a jurisdiction’s share of the regional housing need: 1. Any ordinance, policy, voter-approved measure, or standard of a city or county that directly or indirectly limits the number of residential building permits issued by a city or county. 2. Prior underproduction of housing in a city or county from the previous regional housing need allocation. 3. Stable population numbers in a city or county from the previous regional housing needs cycle. In addition to state housing element law, state law associated with development of Regional Transportation Plans (RTPs) requires that there be consistency between transportation planning, development of housing, and reduction of greenhouse gas (GHG) emissions. (Government Code Sections 65080 and 65584.) Increased use of public transportation leads to reduced GHG emissions compared to driving alone. This is why the draft methodology was developed with an eye toward maximizing access between public transportation and all housing types. Following the public comment period, and the public hearing planned for August 23, 2019, the SANDAG Board of Directors will determine whether to make changes to the draft methodology. After any revisions are made to the draft methodology as a result of comments received, SANDAG must forward the draft methodology to HCD. Within 60 days, HCD will review the draft methodology and provide any findings to SANDAG. The Board will be asked to adopt a final methodology in late 2019. At that time, a draft allocation showing the number and types of housing units allocated to each jurisdiction based on the final adopted methodology will be posted on SANDAG’s website. The draft allocation will be distributed to the local jurisdictions and HCD for an additional 45-day review by those entities. After the RHNA Plan, including both the methodology and the allocation, is adopted it will be incorporated in the RTP for the region (2021 Regional Plan) and in the housing elements in each local jurisdiction’s general plan.
Draft Regional Housing Needs Assessment Methodology 1. Sixty-five percent of the total housing units will be allocated to jurisdictions with access to transit, including rail stations, Rapid bus stations, and major transit stops. Significant investments in transit have been made throughout the region, and the draft methodology prioritizes housing growth in those areas with access to transit. Encouraging housing growth near transit can promote infill development and preserve open space, as most transit is located in urbanized areas. Improved access to transit also can lower the vehicle miles traveled in a car and reduce GHG gas emissions.
DRAFT 6th Cycle Regional Housing Needs Assessment Methodology | 2 2. Within the housing units allocated for jurisdictions with access to transit, 75 percent of the units will be allocated to jurisdictions with rail stations and Rapid bus stations and 25 percent will be allocated to jurisdictions with major transit stops. To ensure future growth is located near transit, the draft methodology prioritizes 75 percent of the housing units in areas with rail and Rapid bus stations. Rail stations and Rapid bus stations usually are located along fixed routes that require significant capital investment to construct. Unlike bus stops or routes, rail and Rapid stations and routes are not amended or eliminated on a regular basis. The remaining 25 percent of the housing units will be allocated in jurisdictions with major transit stops. Major transit stops, as defined in state law, have two intersecting bus routes that arrive at 15-minute intervals during peak commute hours. 3. Thirty-five percent of the total housing units will be allocated to jurisdictions based on the total number of jobs in their jurisdiction. This portion of the methodology was included to address the objectives of promoting infill and improving the intraregional relationship between jobs and housing, jurisdictions should plan for housing to provide opportunities for more residents to live near their place of employment. 4. The allocation applies an equity adjustment. The HCD’s RHNA Determination divided the number of housing units needed in the region into four income categories based on the region’s current percentages of households in each income category. To promote equity and fair housing, the draft methodology allocates more housing units of an income category to jurisdictions with a percentage of households in that category that is lower than the regional percentage.
Underlying Data and Assumptions There are three components of the draft methodology: proximity to transit, proximity to jobs, and the equity adjustment. The underlying data and assumptions used in each component are discussed below.
Proximity to Transit Sixty-five percent of the RHNA Determination, or 111,595 housing units, will be allocated based on proximity to transit. Because most transit infrastructure is located in the urbanized areas of the San Diego region, heavily weighting proximity to transit will promote infill development, preserve open space, lower-vehicle miles traveled, and reduce GHG emissions. Proximity to transit is further defined by each jurisdiction’s share of Rail & Rapid Stations and Major Transit Stops, which are described below. ▪ Rail & Rapid (R&R) Stations: Stations served by rail (North County Transit District [NCTD] COASTER; NCTD SPRINTER; and Metropolitan Transit System [MTS] Trolley, including planned Mid-Coast stations) and Rapid bus routes (NCTD BREEZE Route 350; MTS Rapid Routes 215, 225, and 235; and MTS Rapid Express Routes 280 and 290). ▪ Major Transit Stops: The intersection of two or more major local bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. Seventy-five percent of the proximity to transit housing units, or 83,696 housing units, will be allocated based on each jurisdiction’s share of R&R Stations, while 25 percent, or 27,899 housing units, will be allocated based on each jurisdiction’s share of Major Transit Stops. This reflects the significant investment the region has made to build and improve rail lines and Rapid routes as well as the permanency of rail lines relative to local bus service. Additionally, rail and Rapid routes have higher capacities and are among the more popular
DRAFT 6th Cycle Regional Housing Needs Assessment Methodology | 3 transportation services in the region. Therefore, the draft methodology assumes these services can have a larger impact on changing commute behavior and achieving mode shift goals. Data Source The data source for proximity to transit is the SANDAG Activity Based Model (ABM). For R&R stations, SANDAG ABM Forecast Year 2025 No Build was used in order to capture the Mid-Coast Trolley stations currently under construction and anticipated to be open for service to the public by 2021. For major transit stops, SANDAG ABM Forecast Year 2020 was used as the specific data source to align with the start of the 6th Housing Element Cycle planning period. For Rapid Stations and major transit stops that have stops on either side of the road, which correspond to northbound/southbound or eastbound/westbound travel, stop pairs were counted as one station or stop. Stations that serve more than one rail and/or Rapid route were counted once in the R&R data. For example, the Oceanside Transit Center, which is served by two rail lines (NCTD COASTER and NCTD SPRINTER), accounts for only one of the seven R&R stations in Oceanside. Some R&R stations are also considered major transit stops because they are also served by two or more bus lines with 15-minute frequencies during peak commute. The Old Town Transit Center in the City of San Diego, for example, is both a R&R station (served by the NCTD COASTER and MTS Trolley) and major transit stop (served by MTS Bus routes 10, 30, 35, and 44, which have 15-minute peak period frequencies). The data underlying the proximity to transit component is included in Table 1.
Table 1: Proximity to Transit Data
Rail & Rapid Stations Major Transit Stops Jurisdiction Count Regional Share (%) Count Regional Share (%) Carlsbad 2 1.3% 0 0.0% Chula Vista 9 5.8% 18 12.9% Coronado 0 0.0% 0 0.0% Del Mar 0 0.0% 0 0.0% El Cajon 3 1.9% 0 0.0% Encinitas 1 0.6% 0 0.0% Escondido 14 9.1% 0 0.0% Imperial Beach 0 0.0% 6 4.3% La Mesa 5 3.2% 0 0.0% Lemon Grove 2 1.3% 0 0.0% National City 2 1.3% 15 10.7% Oceanside 7 4.5% 0 0.0% Poway 0 0.0% 0 0.0% San Diego 100 64.9% 101 72.1% San Marcos 3 1.9% 0 0.0% Santee 1 0.6% 0 0.0% Solana Beach 1 0.6% 0 0.0% Unincorporated County 2 1.3% 0 0.0% Vista 2 1.3% 0 0.0% Region 154 100.0% 140 100.0% Sources: R&R Stations - SANDAG ABM, Forecast Year 2025 No Build1; Major Transit Stops - SANDAG ABM, Forecast Year 20202
1 SANDAG ABM, Forecast Year 2025 No Build, Release v14.0.1, Reference Scenario #242, January 2019. 2 SANDAG ABM, Forecast Year 2020, Release v14.0.1, Reference Scenario #243, January 2019.
DRAFT 6th Cycle Regional Housing Needs Assessment Methodology | 4 Proximity to Jobs Thirty-five percent of the RHNA Determination, or 60,090 units, will be allocated based on proximity to jobs. Proximity to jobs considers the number of jobs in each jurisdiction. Data Source The data source for proximity to jobs is the SANDAG Employment Estimates, which are also being used to develop the latest Regional Growth Forecast. SANDAG Employment Estimates are derived from Quarterly Census of Employment and Wages (QCEW) data from the Economic Development Department (EDD) and the Longitudinal Employer-Household Dynamics Origin-Destination Employment Statistics (LODES) data from the Center for Economic Studies at the U.S. Census Bureau. The LODES data combines federal, state, and Census Bureau survey data on employers and employees and SANDAG uses the QCEW dataset for its detailed geographic information on businesses to geolocate “job spaces” throughout the region. Then LODES data (average of the last five years), which are available at the census block level, are used to fill the job spaces to determine total jobs within various geographies. SANDAG Employment Estimates are also supplemented by other data sources including the San Diego Military Advisory Council (SDMAC) and Defense Manpower Data Center (DMDC). Of note, SDMAC and DMDC assign jobs associated with a Navy ship to the installation that is the ship’s homeport. Finally, the jobs data are validated against published job totals for the County from the EDD Labor Market Information’s yearly data. The proximity to jobs data consists of all job types and includes jobs that are classified as a primary source of income, which can be part-time or full-time, year-round or seasonal. The data underlying the proximity to jobs component is included in Table 2.
Table 2: Proximity to Jobs Data
Regional Share Jurisdiction Total Jobs (%) Carlsbad 76,779 4.6% Chula Vista 72,403 4.4% Coronado 27,594 1.7% Del Mar 4,484 0.3% El Cajon 45,468 2.7% Encinitas 27,871 1.7% Escondido 55,059 3.3% Imperial Beach 4,936 0.3% La Mesa 29,773 1.8% Lemon Grove 7,492 0.5% National City 37,497 2.3% Oceanside 45,178 2.7% Poway 36,349 2.2% San Diego 921,054 55.6% San Marcos 40,964 2.5% Santee 18,634 1.1% Solana Beach 9,151 0.6% Unincorporated County 154,686 9.3% Vista 40,629 2.5% Region 1,656,001 100.0% Source: SANDAG Employment Estimates and/or SANDAG 2019 Regional Growth Forecast; U.S. Department of Defense
DRAFT 6th Cycle Regional Housing Needs Assessment Methodology | 5 Equity Adjustment In addition to distributing the RHNA Determination among jurisdictions, SANDAG must distribute units for each jurisdiction among the four income categories defined by HCD. Each income category is defined as a range of household incomes that represents a percentage of the area median income (AMI). The AMI for the San Diego region is $66,529, as provided by HCD. Table 3 provides the definition for each income category and the income ranges for San Diego region households per category.
Table 3: Income Categories
Percent of Regional Households Income Category Definition Income Range* (RHNA Determination) Very Low Less than 50% of AMI $33,259 or less 24.7% Low 50-80% of AMI $33,260 - $53,219 15.5% Moderate 80-120% of AMI $53,220 - $79,829 17.3% Above Moderate Over 120% of AMI $79,830 or more 42.5% Source: HCD Determination Letter; 2012-2016 American Community Survey 5-Year, DP03
Household income data was used to determine the number of households per category in each jurisdiction and subsequently each jurisdiction’s percentage breakdown of households per category, which is included in Table 4. The jurisdictional percentages were then compared to the regional percentages for each income category to determine a multiplier, which is an “adjustment” toward the regional percentages. A jurisdiction’s multiplier for a given income category is applied to the total RHNA units allocated to the jurisdiction to determine how many of its total RHNA units are allocated to that income category. Jurisdictions that have a higher percentage of existing households in a given income category than the region receive a downward adjustment toward the regional percentage, which results in a smaller share of the allocated housing units within that income category than if no adjustment were applied. Jurisdictions that have a lower percentage of households in a given income category than the region receive an upward adjustment toward the regional percentage, which results in a greater share of the allocated housing units within that income category than if no adjustment were applied.
DRAFT 6th Cycle Regional Housing Needs Assessment Methodology | 6 Table 4: Households per Income Category
Existing Households by Income Category Total Jurisdiction Above Households Very Low % Low % Moderate % % Moderate Carlsbad 42,926 6,981 16.3% 4,644 10.8% 5,940 13.8% 25,360 59.1% Chula Vista 77,804 19,459 25.0% 11,987 15.4% 13,643 17.5% 32,715 42.0% Coronado 8,986 1,506 16.8% 1,109 12.3% 1,442 16.1% 4,929 54.9% Del Mar 2,258 430 19.0% 102 4.5% 248 11.0% 1,478 65.5% El Cajon 32,937 12,434 37.8% 5,754 17.5% 5,615 17.0% 9,135 27.7% Encinitas 23,695 4,287 18.1% 2,168 9.2% 3,182 13.4% 14,058 59.3% Escondido 45,217 13,880 30.7% 8,239 18.2% 8,245 18.2% 14,853 32.8% Imperial Beach 9,044 2,888 31.9% 2,105 23.3% 1,726 19.1% 2,325 25.7% La Mesa 23,767 6,368 26.8% 4,468 18.8% 4,609 19.4% 8,322 35.0% Lemon Grove 8,465 2,316 27.4% 1,643 19.4% 1,730 20.4% 2,776 32.8% National City 15,870 6,436 40.6% 3,271 20.6% 2,848 17.9% 3,315 20.9% Oceanside 61,480 16,148 26.3% 11,348 18.5% 11,297 18.4% 22,687 36.9% Poway 15,797 2,418 15.3% 1,675 10.6% 2,281 14.4% 9,422 59.6% San Diego 490,219 119,014 24.3% 75,283 15.4% 82,616 16.9% 213,305 43.5% San Marcos 29,125 7,707 26.5% 4,212 14.5% 5,043 17.3% 12,163 41.8% Santee 19,517 3,493 17.9% 2,812 14.4% 3,683 18.9% 9,528 48.8% Solana Beach 5,750 883 15.4% 698 12.1% 854 14.9% 3,315 57.7% Unincorporated County 159,642 35,996 22.5% 26,493 16.6% 27,598 17.3% 69,555 43.6% Vista 30,629 9,016 29.4% 5,746 18.8% 6,112 20.0% 9,754 31.8%
Region 1,103,128 271,661 24.6% 173,760 15.8% 188,713 17.1% 468,995 42.5% Source: 2012-2016 American Community Survey (ACS) 5-Year, B19001 “Household Income In The Past 12 Months (In 2016 Inflation-Adjusted Dollars)”
DRAFT 6th Cycle Regional Housing Needs Assessment Methodology | 7 Table 5 below shows this inverse relationship by using plus (+) and minus (-) signs in the Adjustment (Adjust.) column. The regional percentages of household per income category are included in the first row and shaded in blue. The jurisdictions’ percentages of household per income category are included in the “Percent of Households” (% of HH) and shaded in grey.
Table 5: Determining an Equity Adjustment
Above Region Very Low 24.7% Low 15.5% Moderate 17.3% 42.5% Mod. Jurisdiction % of HH Adjust. % of HH Adjust. % of HH Adjust. % of HH Adjust. Carlsbad 16.3% + 10.8% + 13.8% + 59.1% - Chula Vista 25.0% - 15.4% + 17.5% - 42.0% + Coronado 16.8% + 12.3% + 16.1% + 54.9% - Del Mar 19.0% + 4.5% + 11.0% + 65.5% - El Cajon 37.8% - 17.5% - 17.0% + 27.7% + Encinitas 18.1% + 9.2% + 13.4% + 59.3% - Escondido 30.7% - 18.2% - 18.2% - 32.8% + Imperial Beach 31.9% - 23.3% - 19.1% - 25.7% + La Mesa 26.8% - 18.8% - 19.4% - 35.0% + Lemon Grove 27.4% - 19.4% - 20.4% - 32.8% + National City 40.6% - 20.6% - 17.9% - 20.9% + Oceanside 26.3% - 18.5% - 18.4% - 36.9% + Poway 15.3% + 10.6% + 14.4% + 59.6% - San Diego 24.3% + 15.4% + 16.9% + 43.5% - San Marcos 26.5% - 14.5% + 17.3% + 41.8% + Santee 17.9% + 14.4% + 18.9% - 48.8% - Solana Beach 15.4% + 12.1% + 14.9% + 57.7% - Unincorporated 22.5% + 16.6% - 17.3% + 43.6% - Vista 29.4% - 18.8% - 20.0% - 31.8% + Source: 2012-2016 American Community Survey (ACS) 5-Year, B19001
Data Source SANDAG used data from the 2012-2016 ACS 5-Year, Table B19001 “Household Income In The Past 12 Months (In 2016 Inflation-Adjusted Dollars)” to determine the jurisdictions’ household breakdown among income categories. This dataset was also used by HCD to calculate the unit distribution across income category for the San Diego region’s RHNA Determination.
Local Government Conditions The draft methodology was developed with input and recommendation from the Board of Directors, RHNA Subcommittee (a subcommittee of the SANDAG Board), the TWG (including planning directors from each jurisdiction and housing stakeholders), the SANDAG Regional Planning Committee (a policy advisory committee of the Board), and public stakeholders. Several meetings were held with each stakeholder group and meetings were open to the public. Attendees at each meeting provided information regarding the types of data SANDAG should use, assumptions that should be made, as well as information regarding conditions in their individual jurisdictions that should be taken into consideration. Jurisdictions and stakeholders also provided written comments during the process. There was general consensus at the meetings that the approach chosen should keep the draft methodology simple and easy to explain to the public. Nuanced adjustments that may have modified the methodology in marginal ways in relation to the overall objectives and factors were discussed and considered. Factors and
DRAFT 6th Cycle Regional Housing Needs Assessment Methodology | 8 adjustments that would have created a complicated formula, however, ultimately were not pursued since the draft methodology was developed with the intent to keep it transparent and understandable. A discussion of each stakeholder group and their major contributions to the development of the draft methodology is included below.
Board of Directors At its September 14, 2018, meeting, the Board was surveyed to determine each member jurisdiction’s priorities for the upcoming RHNA cycle, including which RHNA objectives and factors would be most important when determining the distribution of housing units in the region. The member jurisdictions requested that their initial set of priorities be further discussed by the TWG, which consists of the planning or community development director from each jurisdiction, among other members. The Board also directed the formation of a RHNA Subcommittee to review and provide input and guidance on potential policy and technical options for developing the RHNA methodology for allocation of housing units to each jurisdiction in the RHNA Plan. The Board received an update on the preliminary methodology in May 2019 and approved the release of this draft methodology for public comment at its July 26, 2019, meeting.
Regional Housing Needs Assessment Subcommittee In December 2018, the Board formed the RHNA Subcommittee, which was comprised of Board members from each SANDAG subregion to reflect the diversity of geography, jurisdiction size, and other attributes of member jurisdictions. To develop its recommendation, the RHNA Subcommittee explored options for how to build consensus around a RHNA methodology that complies with state law while best achieving the goals of the Board. The RHNA Subcommittee held six meetings prior to the Board release of the draft methodology. All meetings were open to the public. Critical direction provided by the RHNA Subcommittee included the following: ▪ Create a narrative around housing that promotes regional unity in addressing the housing need; ▪ Establish a framework that incorporates “proximity to transit” and “proximity to jobs” to further the objective of increasing transit use, reducing vehicle miles traveled and GHG emissions, and relieving traffic congestion ▪ Include an equity adjustment to ensure the allocation furthered fair housing and increased affordability in all cities and the County of San Diego ▪ Evaluate opportunities for the military installations within the region to provide housing for military and their families
Regional Planning Technical Working Group The TWG is a SANDAG working group that consists of the planning or community development director from each jurisdiction and representatives from other single-purpose regional agencies, such as the transit operators. The TWG advises the Regional Planning Committee and Board on the development and implementation of San Diego Forward: The 2021Regional Plan, which includes, and must be consistent with, the RHNA plan. The TWG discussed and provided input on the development of the draft methodology at 11 meetings, including two workshops specifically focused on RHNA. Information on local government conditions provided by TWG members included: ▪ Preserved open space, agricultural lands, and airports and associated safety zones ▪ Universities and community colleges
DRAFT 6th Cycle Regional Housing Needs Assessment Methodology | 9 ▪ Military installations ▪ Low-wage jobs ▪ Voter requirements Feedback provided by TWG members for which there was general consensus that was incorporated into the draft methodology included: ▪ Prioritizing proximity to transit, with greater weight given to major transit investments (R&R stations) over local bus service ▪ Improving the job-housing relationship ▪ Encouraging the development of a mix of housing types across the region and addressing historical patterns of inequity in housing development
Regional Planning Committee The Regional Planning Committee (RPC) is one of the SANDAG policy advisory committees, which provides oversight for the preparation and implementation of San Diego Forward: The Regional Plan. The RPC discussed the RHNA process at two of their meetings. Information on local government conditions provided by RPC members included: ▪ Airport safety zones ▪ Housing development opportunities at major employment centers ▪ Sea level rise Feedback received from the RPC that informed the development of the draft methodology included: ▪ Aligning priorities for the RHNA methodology with priorities adopted by jurisdictions through other planning efforts such as climate action plans
Regional Housing Needs Assessment Objectives and Factors
Objectives The draft methodology and allocation furthers the five objectives listed in Government Code Section 65584.
1. Increasing the housing supply and the mix of housing types, tenure, and affordability in all cities and counties within the region in an equitable manner, which shall result in each jurisdiction receiving an allocation of units for low- and very low-income households. Per state law, the draft methodology allocates units in all four income categories to each of the region’s 19 jurisdictions. The draft methodology does so equitably, ensuring each jurisdiction receives an allocation for low- and very low-income units, and further, allocating a higher share of low- and very-low units to jurisdictions that currently have a smaller share of low- and very low-income households than the regional share. State law requires jurisdictions to zone at higher densities to accommodate its low- and very low-income housing allocation. As jurisdictions plan for and build housing, the mix of housing types will increase.
DRAFT 6th Cycle Regional Housing Needs Assessment Methodology | 10 2. Promoting infill development and socioeconomic equity, the protection of environmental and agricultural resources, the encouragement of efficient development patterns, and the achievement of the region’s GHG gas reductions targets provided by the State Air Resources Board pursuant to Section 65080. The draft methodology prioritizes “proximity to transit” and “proximity to jobs” to encourage efficient development patterns and reduce GHG emissions. By allocating housing units based on these two factors, SANDAG sets a guiding principle for local jurisdictions to zone and build housing near transit and jobs. Transit and job centers are located in the urbanized areas of the region. Therefore, an allocation based on the proximity of transit and jobs will lead to more infill development while protecting natural resources and open space. Because infill development does not rely on available space and can occur in areas that already have a dense population, the draft methodology supports provision of housing even in areas that are currently considered built-out. SANDAG’s GHG reduction target, as set by the California Air Resources Board, is to reduce the region’s per capita emissions of GHG from cars and light trucks by 15 percent by 2020, compared with a 2005 baseline. By 2035, the target is to reduce GHG emissions by 19 percent per capita. The draft methodology encourages the development of housing near jobs and transit, which will provide the region’s residents with opportunities to live where they work and/or readily access transit, which can facilitate shorter commutes, reduce vehicle miles traveled, and increase trip-taking by transit or alternative modes.
3. Promoting an improved intraregional relationship between jobs and housing, including an improved balance between the number of low-wage jobs and the number of housing units affordable to low-wage workers in each jurisdiction. SANDAG conducted an analysis of the number of low-wage jobs and the number of housing units affordable to low-wage workers in each jurisdiction. The analysis shows that the number of low-wage jobs far exceeds the number of existing housing units affordable to low-wage workers in each jurisdiction. The draft methodology allocates 35 percent of the 171,685-unit regional housing need based on each jurisdiction’s share of existing regional total jobs to encourage development of housing near job centers so that jurisdictions can improve the jobs-housing relationship. The draft methodology’s Equity Adjustment (see Objective 4) also improves the balance between the number of low-wage jobs and the number of housing units affordable to low-wage workers in each jurisdiction by allocating a higher share of low- and very low-income housing units to jurisdictions that currently have a smaller share of low-and very low-income households than the regional share.
4. Allocating a lower proportion of housing need to an income category when a jurisdiction already has a disproportionately high share of households in that income category, as compared to the countywide distribution of households in that category from the most recent ACS. This objective guided the development of the Equity Adjustment used to ensure the draft methodology will result in allocation of housing units to each of the income categories. This adjustment results in a jurisdiction receiving a lower proportion of its total housing units within an income category when it has a higher share of households within that income category compared to the region. This method shifts units across income categories, rather than adding units to a jurisdiction’s total housing unit allocation, allowing for a mix of housing types and affordability near transit and jobs.
DRAFT 6th Cycle Regional Housing Needs Assessment Methodology | 11 5. Affirmatively furthering fair housing. For purposes of this section, “affirmatively furthering fair housing” means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. During development of the draft methodology, SANDAG reviewed the California Tax Credit Allocation Committee (TCAC) 2019 Opportunity Map for the San Diego region. The TCAC map demonstrates how public and private resources are spatially distributed within the region. The map is part of a larger study that shows how communities with better air quality, higher educational attainment, and better economic indicators are communities that have higher “opportunity”, or pathways that offer low-income children and adults the best chance at economic advancement. The study finds that historically communities with higher opportunity – through plans, policies, and practices – may have systematically denied equal opportunity to low socioeconomic and minority populations. Areas of “low resource” and “high segregation & poverty” on the TCAC maps are also many of the same areas with a high concentration of low-income households in the San Diego region. The Equity Adjustment within the draft methodology addresses the disparities in access to resource-rich areas by providing housing opportunities for people in all income levels to reside in any given community. This is meant to foster and maintain compliance with civil rights and fair housing laws. The Equity Adjustment in the draft methodology assists in overcoming patterns of discrimination and transforming racially and ethnically concentrated areas of poverty into areas of opportunity by allocating a higher proportion of low-income housing units to jurisdictions with a lower share of low-income households, which tend to be jurisdictions with a high concentration of resource-rich areas.
DRAFT 6th Cycle Regional Housing Needs Assessment Methodology | 12 California Tax Credit Allocation Committee Opportunity Map
Factors In addition to furthering the objectives outlined above, state law requires that SANDAG consider several factors in the development of the draft methodology, to the extent sufficient data is available pertaining to each factor. See Government Code Section 65584.04(e). The RHNA factors and how each were considered in the development of the draft methodology are described below.
1. Each jurisdiction’s existing and projected jobs and housing relationship. This shall include an estimate based on readily available data on the number of low-wage jobs within the jurisdiction and how many housing units within the jurisdiction are affordable to low-wage workers as well as an estimate based on readily available data, of projected job growth and projected household growth by income level within each member jurisdiction during the planning period. The draft methodology prioritizes “proximity to jobs” as a factor in allocating the regional housing need. The jobs factor seeks to encourage development of housing near job centers so that jurisdictions can achieve greater jobs-housing balance. The jobs factor uses current data on existing jobs instead of a projection. Given the housing shortage within the region, it is critical that housing is built where existing jobs are located to begin to address the current jobs-housing imbalance. Although data for projected job and household growth by income level for the next Regional Plan update is not yet available, SANDAG used the most recent readily available data for projected job growth and projected household growth by income level within each member jurisdiction to conduct its analysis.
DRAFT 6th Cycle Regional Housing Needs Assessment Methodology | 13 SANDAG analyzed the number of low-wage jobs and the number of housing units affordable to low- wage workers in each jurisdiction. The analysis showed that the number of low-wage jobs far exceeds the number of existing housing units affordable to low-wage workers in each jurisdiction. The draft methodology is expected to increase the supply of affordable housing by allocating each jurisdiction low- and very low-income housing units. The draft methodology’s Equity Adjustment (see Objective 4) should also improve the balance between the number of low-wage jobs and the number of housing units affordable to low-wage workers in each jurisdiction by allocating a higher share of low- and very low- income housing units to jurisdictions that currently have a smaller share of low- and very low-income households than the regional share.
2. The opportunities and constraints to development of additional housing in each member jurisdiction, including all of the following:
a. Lack of capacity for sewer or water service due to federal or state laws, regulations or regulatory actions, or supply and distribution decisions made by a sewer or water service provider other than the local jurisdiction that preclude the jurisdiction from providing necessary infrastructure for additional development during the planning period. SANDAG notes that general plans for some jurisdictions may account for constraints to housing development arising from lack of capacity for sewer or water service. For example, rural areas may rely more heavily on well water and septic systems, which constrains housing development due to lack of sufficient infrastructure. For the draft methodology, however, “proximity to transit” factor allocates housing units based on each jurisdiction’s share of regional rail and Rapid bus stations as well as major transit stops. Rail and Rapid bus stations are located in the region’s more developed areas where land uses generate enough ridership to support the investment to the transit infrastructure. Major transit stops also are located in the region’s urbanized areas and surrounded by land uses that support higher service frequencies. By prioritizing transit connectivity, the draft methodology encourages infill development in urban areas that are likely to have existing capacity for sewer or water service. b. The availability of land suitable for urban development or for conversion to residential use, the availability of underutilized land, and opportunities for infill development and increased residential densities. The council of governments may not limit its consideration of suitable housing sites or land suitable for urban development to existing zoning ordinances and land use restrictions of a locality but shall consider the potential for increased residential development under alternative zoning ordinances and land use restrictions. The determination of available land suitable for urban development may exclude lands where the Federal Emergency Management Agency or the Department of Water Resources has determined that the flood management infrastructure designed to protect that land is not adequate to avoid the risk of flooding. The draft methodology is not constrained by existing zoning ordinances and land use restrictions. Instead the draft methodology prioritizes “proximity to transit” and “proximity to jobs”, which aligns with several beneficial land use planning principles, such as promoting infill and increasing residential densities. The availability of land suitable for urban development or for conversion to residential use, the availability of underutilized land, and opportunities for infill development and increased residential densities are accounted for due to the draft methodology’s use of the proximity to jobs and transit factors. When development of housing is promoted near transit and jobs in areas that are already more densely populated and developed than other areas of each jurisdiction, it allows the jurisdictions to focus on infill development that can occur without reliance on the availability of additional land, but instead on underutilized land that can be converted to uses that allow for increased residential density.
DRAFT 6th Cycle Regional Housing Needs Assessment Methodology | 14 The “proximity to transit” factor allocates housing units based on each jurisdiction’s share of regional rail and Rapid bus stations as well as major transit stops. Rail and Rapid bus stations are located in the region’s urbanized areas where land uses generate enough ridership to support the investment to the transit infrastructure. Major transit stops are also located in the region’s urbanized areas and surrounded by land uses that support higher service frequencies. By prioritizing transit, the draft methodology encourages infill development in areas that are suitable for urban development. A transit-focused methodology also promotes increased densities as jurisdictions must plan for housing in urban areas already served by high quality transit. The draft methodology aligns with the region’s priorities for growth. As shown in Figure 3.1, general plans in the San Diego region have focused growth and development in existing urban areas, preserved more land for habitat and open space, and looked to accommodate more housing near transit and key destinations.
Figure 3.1: Priorities for Growth Then and Now
c. Lands preserved or protected from urban development under existing federal or state programs, or both, designed to protect open space, farmland, environmental habitats, and natural resources on a long-term basis, including land zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts conversion to non-agricultural uses. General plans for individual jurisdictions may account for constraints to housing development arising from lands preserved or protected from urban development under existing federal or state programs. As shown in the figures below though, preserved land, farmland, and habitats are primarily in the eastern portion of San Diego County. The draft methodology focuses housing units in areas with access to transit and jobs, which are located in existing urbanized areas. Therefore, the draft methodology will not encourage encroachment upon open space areas.
DRAFT 6th Cycle Regional Housing Needs Assessment Methodology | 15
DRAFT 6th Cycle Regional Housing Needs Assessment Methodology | 16 d. County policies to preserve prime agricultural land, as defined pursuant to Section 56064, within an unincorporated and land within an unincorporated area zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts its conversion to non-agricultural uses. The County of San Diego General Plan accounts for some constraints to housing development arising from policies to preserve prime agricultural land and incorporates local ballot measure provisions prohibiting or restricting the conversion of agricultural to non-agricultural uses. The draft methodology allocates housing units based on access to jobs and transit, which are located in existing urbanized areas. Therefore, this constraint is not expected to impact the draft methodology’s capacity to allow for development of additional housing.
3. The distribution of household growth assumed for purposes of a comparable period of regional transportation plans and opportunities to maximize the use of public transportation and existing transportation infrastructure. As shown in Figure 3.1, plans for growth are focused on the urbanized areas of the region. The draft methodology prioritizes “proximity to transit” as a factor – specifically high-quality transit, which is located in the urbanized area. The emphasis on proximity to transit allows local jurisdictions that have invested in transit the opportunity to maximize the use of existing transportation infrastructure.
4. Agreements between a county and cities in a county to direct growth toward incorporated areas of the county, and land within an unincorporated area zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of the jurisdiction that prohibits or restricts conversion to non-agricultural uses. Regional planning undertaken by SANDAG and its member agencies during the past 15 to 20 years, has focused the region’s growth in the western third of the region, primarily in its incorporated cities and near transit service (Figure 3.1). SANDAG has funded “smart growth” grants to encourage growth in incorporated areas of the county with sufficient density to support transit-oriented development. Consistent with this, the draft methodology prioritizes “proximity to transit” and “proximity to jobs”. High-quality transit service and a high concentration of the region’s jobs are located in the urbanized, incorporated areas of the region. Thus, the draft methodology is consistent with agreements between SANDAG, the County of San Diego, and the cities to develop public transportation infrastructure and supporting land uses away from areas that are zoned or designated for agricultural protection or preservation. Interjurisdictional agreements may account for some development constraints; however, those agreements are not expected to be in conflict with the draft methodology due to the prioritization of proximity to transit and jobs.
5. The loss of units contained in assisted housing developments, as defined in paragraph (9) of subdivision (a) of Section 65583, that changed to non-low-income use through mortgage prepayment, subsidy contract expirations, or termination of use restrictions. The data for these units is not readily available and varies by jurisdiction. The loss of assisted housing developments for lower income households is an issue that should be addressed by the jurisdictions when preparing their housing elements.
DRAFT 6th Cycle Regional Housing Needs Assessment Methodology | 17 6. The percentage of existing households at each of the income levels listed in subdivision (e) of Section 65584 that are paying more than 30 percent and more than 50 percent of their income in rent. This factor was not included in state law at the time the HCD was making its determination on the regional housing need of the San Diego region, and sufficient data for this factor is not readily available. The San Diego region received its largest RHNA Determination this cycle, however, and it is expected that an influx of housing units in each income category will help alleviate the rent burden in the region.
7. The rate of overcrowding. HCD used the 2012-2016 ACS to determine the rate of overcrowding in the San Diego region when making its RHNA Determination. HCD then compared the San Diego region’s overcrowding rate (6.43% of all households) to the national rate (3.34% of all households). To address the needs of overcrowding in the region, HCD’s RHNA Determination included an overcrowding adjustment of 3.09 percent, which added 38,700 housing units to the regional housing need to alleviate overcrowding in the region. Thus, this factor has already been accounted for in the draft methodology.
8. The housing needs of farmworkers. The draft methodology prioritizes “proximity to jobs” as a factor in allocating the regional housing need. Farmworkers are included in the data on existing jobs. Therefore, their housing needs along with the housing needs of all the region’s workers are considered. The draft methodology increases the supply of affordable housing by allocating each jurisdiction low- and very low-income housing units. The draft methodology’s Equity Adjustment (see Objective 4) also improves the balance between the number of low-wage jobs, including farming jobs, and the number of housing units affordable to low-wage workers in each jurisdiction by allocating a higher share of low- and very low-income housing units to jurisdictions that currently have a smaller share of low-and very low-income households than the regional share. Although the low-income housing needs of farmworkers are unique given their low wages and job locations, the allocation expected from the draft methodology is expected to provide more low-income housing in every jurisdiction and accordingly should provide farmworkers the ability to live in more areas of the region and commute shorter distances to their seasonal jobs.
9. The housing needs generated by the presence of a private university or a campus of the California State University or the University of California within any member jurisdiction. The major universities and community colleges in the San Diego region are located in urban areas served by the existing transportation network. The City of San Diego is home to San Diego State University; University of California San Diego; University of San Diego; Point Loma Nazarene University; various smaller, private universities; and three community colleges: San Diego City College, San Diego Mesa College, and San Diego Miramar College. It also has the greatest share of the region’s transportation system in part because of transportation investments near universities and colleges located within its jurisdiction. Similarly, the cities of Chula Vista (Southwestern Community College), El Cajon (Cuyamaca College), Oceanside (Mira Costa College), and San Marcos (California State University San Marcos and Palomar College) have made transportation investments to improve access to transit near colleges and universities. By prioritizing transit proximity, the draft methodology encourages housing development near existing transit and the key destinations that transit links, including the region’s universities and colleges. The draft methodology will result in additional housing units being allocated based on proximity to transit. This will help these jurisdictions address the housing needs of students, faculty, and staff beyond what these colleges or universities may provide.
DRAFT 6th Cycle Regional Housing Needs Assessment Methodology | 18 10. The loss of units during a state of emergency that was declared by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), during the planning period immediately preceding the relevant revision pursuant to Section 65588 that have yet to be rebuilt or replaced at the time of the analysis. Jurisdictions report demolished units to the Department of Finance on an annual basis. Demolished units include those lost during a state of emergency. Between 2011 and 2018, states of emergency in the San Diego region declared by the Governor pursuant to the California Emergency Services Act, and in which homes were lost, include the following wildfires: the 2014 wildfires (Cocos Fire and Poinsettia Fire), 2017 Lilac Fire, and 2018 West Fire. HCD analyzed the most recent ten-year average rate of demolition within the San Diego region based on jurisdictions’ annual reports to the Department of Finance. The ten-year average rate of demolition in the San Diego region is 0.32 percent of the total housing stock. The RHNA Determination included HCD’s minimum replacement adjustment of 0.5 percent, which exceeds the region’s demolition rate. This adjustment added 6,255 housing units to the RHNA Determination. SANDAG does not have readily available data broken down by jurisdiction to use for this factor and has therefore relied on HCD’s data and adjustment to address this factor at a regional level.
11. The region’s GHG emissions targets provided by the State Air Resources Board pursuant to Section 65080. SANDAG’s GHG reduction target, as set by the California Air Resources Board, is to reduce the region’s per capita emissions of GHG from cars and light trucks by 15 percent by 2020, compared with a 2005 baseline. By 2035, the target is to reduce GHG emissions by 19 percent per capita. The draft methodology encourages the development of housing near jobs and transit, which will provide the region’s residents with opportunities to live where they work and/or readily access transit, which can facilitate shorter commutes, reduce GHG emissions, and increase trip-taking by transit or alternative modes.
12. Any other factors adopted by the council of governments, that further the objectives listed in subdivision (d) of Section 65584, provided that the council of governments specifies which of the objectives each additional factor is necessary to further. The council of governments may include additional factors unrelated to furthering the objectives listed in subdivision (d) of Section 65584 so long as the additional factors do not undermine the objectives listed in subdivision (d) of Section 65584 and are applied equally across all household income levels as described in subdivision (f) of Section 65584 and the council of governments makes a finding that the factor is necessary to address significant health and safety conditions. No other factors were included in the draft methodology. To the extent additional proposed factors are provided to the Board of Directors during the public comment period or public hearing that would lead to adjustments to the draft methodology, such proposals must not interfere with the achievement of any of the objectives or factors required in the RHNA statutes cited in this document. In addition, it must be shown that such factors are necessary to address significant health and safety concerns. Persons proposing that adjustments be made to the draft methodology based on new factors should include information establishing that the requirements in Section 65584.04(e)(12) will be met.
DRAFT 6th Cycle Regional Housing Needs Assessment Methodology | 19 Draft RHNA Methodology
Board of Directors Item 23 | July 26, 2019
The Regional Housing Needs Assessment (RHNA) Process
RHNA Determination (HCD/SANDAG)
RHNA Plan (SANDAG/local jurisdictions)
Housing Element (Local jurisdictions/HCD)
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Board of Directors Item 23 | July 26, 2019 1 FINAL RHNA Determination
Final RHNA Determination prepared by the Department of Housing and Community Development (2021-2029)
Income Category Housing Unit Need Percent Very Low 42,332 24.70% Low 26,627 15.50% Moderate 29,734 17.30% Above Moderate 72,992 42.50%
Total Housing Units 171,685 100%
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RHNA Methodology Objectives
Promote infill Increase housing development/ supply/mix of protect resources housing types
Improve Further fair jobs/housing housing relationship
Allocate housing in an equitable manner
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Board of Directors Item 23 | July 26, 2019 2 Process Board of Directors • Provided direction • New process • Form RHNA Subcommittee • Focus on transit and jobs
RHNA Subcommittee • Six meetings February-June 2019 • Surveyed for priorities • Identified transit, jobs, and GHG reduction to emphasize • Reviewed data and information • Used RHNA Calculator Tool to discuss methodology options • Recommended draft methodology
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Process Regional Planning Technical Working Group and Stakeholder meetings and workshops
• Ten meetings October 2018-June 2019 • Housing stakeholders invited to participate • Workshops on priorities and data • Provided comments on methodology options at RHNA Subcommittee meetings • Recommended draft methodology
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Board of Directors Item 23 | July 26, 2019 3 RHNA Subcommittee Recommended Methodology
171,685 units
Transit – 65% Jobs – 35% Equity Adjustment Major Transit Rail and Rapid Adjusted for Stops On-Base Military 75% 25% Housing
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Map of Rail, Rapid, and Major Transit Stops
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Board of Directors Item 23 | July 26, 2019 4 Rail and Rapid (R&R) Stations
Percent R&R Major Transit Housing Unit Jurisdiction Percent R&R Major Transit Stations* Stops Allocation Stops
Carlsbad 2 1.30% 0 0.00% 1,087 Chula Vista 9 5.84% 18 12.86% 8,478 Coronado 0 0.00% 0 0.00% Del Mar 0 0.00% 0 0.00% El Cajon 3 1.95% 0 0.00% 1,630 Encinitas 1 0.65% 0 0.00% 543 Escondido 14 9.09% 0 0.00% 7,609 Imperial Beach 0 0.00% 6 4.29% 1,196 La Mesa 5 3.25% 0 0.00% 2,717 Lemon Grove 2 1.30% 0 0.00% 1,087 National City 2 1.30% 15 10.71% 4,076 Oceanside 7 4.55% 0 0.00% 3,804 Poway 0 0.00% 0 0.00% San Diego 100 64.94% 101 72.14% 74,475 San Marcos 3 1.95% 0 0.00% 1,630 Santee 1 0.65% 0 0.00% 543 Solana Beach 1 0.65% 0 0.00% 543 Unincorporated 2 1.30% 0 0.00% 1,087 Vista 2 1.30% 0 0.00% 1,087
Region 100% 100% 111,595 154 140
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Total Jobs Excluding On-Base Military Housing
On-base Military Total Jobs Excluding Jurisdiction Total Jobs Housing Units Housed Military Carlsbad 76,779 - 76,779 Chula Vista 72,403 - 72,403 Coronado 27,594 5,903 21,691 Del Mar 4,484 - 4,484 El Cajon 45,468 - 45,468 Encinitas 27,871 - 27,871 Escondido 55,059 - 55,059 Imperial Beach 4,936 - 4,936 La Mesa 29,773 - 29,773 Lemon Grove 7,492 - 7,492 National City 37,497 1,872 35,625 Oceanside 45,178 - 45,178 Poway 36,349 - 36,349 San Diego 921,054 9,389 911,665 San Marcos 40,964 - 40,964 Santee 18,634 - 18,634 Solana Beach 9,151 - 9,151 Unincorporated 154,686 25,795 128,891 Vista 40,629 - 40,629 Region 1,656,001 42,959 1,613,042 10
Board of Directors Item 23 | July 26, 2019 5 Housing Unit Allocations by Methodology
Draft Housing Unit Draft Housing Unit Jurisdiction Allocation - Total Jobs Difference Allocation - Total Jobs Excluding Housed Military
Carlsbad 3,947 3,873 74 Chula Vista 11,175 11,106 69 Coronado 808 1,001 (193) Del Mar 167 163 4 El Cajon 3,324 3,280 44 Encinitas 1,581 1,555 26 Escondido 9,660 9,607 53 Imperial Beach 1,380 1,375 5 La Mesa 3,826 3,798 28 Lemon Grove 1,366 1,359 7 National City 5,403 5,437 (34) Oceanside 5,487 5,444 43 Poway 1,354 1,319 35 San Diego 108,440 107,897 543 San Marcos 3,156 3,117 39 Santee 1,237 1,220 17 Solana Beach 884 876 8 Unincorporated 5,889 6,700 (811) Vista 2,601 2,561 40
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Equity Adjustment
Jurisdiction Very Low Low Moderate Above Mod. Draft Allocation Carlsbad 1,336 799 764 1,048 3,947 Chula Vista 2,770 1,788 1,922 4,695 11,175 Coronado 277 150 141 241 808 Del Mar 38 64 32 32 167 El Cajon 488 419 526 1,892 3,324 Encinitas 478 376 313 415 1,581 Escondido 1,875 1,256 1,536 4,993 9,660 Imperial Beach 234 128 190 828 1,380 La Mesa 866 491 582 1,888 3,826 Lemon Grove 298 167 194 708 1,366 National City 642 502 706 3,553 5,403 Oceanside 1,279 724 890 2,595 5,487 Poway 480 275 248 351 1,354 San Diego 27,665 17,390 19,392 43,990 108,440 San Marcos 738 537 549 1,333 3,156 Santee 413 204 190 431 1,237 Solana Beach 320 161 161 243 884 Unincorporated 1,613 872 1,024 2,380 5,889 Vista 523 326 375 1,377 2,601 Region 42,332 26,627 29,734 72,992 171,685
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Board of Directors Item 23 | July 26, 2019 6 Next Steps Public Comment Period • Public hearing at July 26 Board of Directors meeting • Comment period concludes August 9, 2019 SANDAG Submits Draft Methodology to HCD • 60-day review October 2019 • Board of Directors approves final RHNA Methodology and draft RHNA Allocation April 2021 • Local governments housing element updates due
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Recommendation:
The Regional Housing Needs Assessment (RHNA) Subcommittee recommends that the Board of Directors release the draft RHNA methodology for public review.
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Board of Directors Item 23 | July 26, 2019 7 CITY OF LEMON GROVE
CITY COUNCIL STAFF REPORT Item No. Meeting Date: August 6, 2019 Submitted to: Honorable Mayor and Members of the City Council Department: Community Development Staff Contact: Noah Alvey, Community Development Manager [email protected] Item Title: Climate Action Plan
Recommended Action: That the City Council receives the report and provides direction.
Summary: The City of Lemon Grove (City) initiated work on a Climate Action Plan (CAP) in 2017 with consultant support from the San Diego Association of Governments (SANDAG). The CAP is required for the City to be eligible to receive a $2.5 million Smart Growth Incentive Program (SGIP) grant for the Connect Main Street project. The approved time extension will require the City to approve a CAP by Spring, 2020.
Discussion: On September 19, 2017, staff presented information related to developing a CAP, including a brief history of past actions and SANDAG grant requirements (Attachment A). During 2018 unforeseen delays related to a lack of resources occurred and necessitated a request for an extension of time from SANDAG (Attachment B). The requested time extension was granted by the SANDAG Board of Directors on July 26, 2019.
A CAP is a comprehensive local planning document that outlines strategies to reduce greenhouse gas (GHG) emissions. Major sources of GHG emissions include transportation, energy use, solid waste, and water use. Strategies to reduce emissions typically include efforts to reduce fuel consumption, improve energy efficiency, increase renewable energy, divert waste from landfills, and conserve water. CAP strategies are unique for each community and may offer economic, environmental, and public health- related co-benefits.
SANDAG is providing consultant support to prepare the City’s CAP. The consultants assisting SANDAG and the City in this effort are the Energy Policy Initiative Center with
Climate Action Plan August 6, 2019 Page | 1
the University of San Diego (also known as EPIC) and Ascent Environmental. Staff are currently working with EPIC and Ascent Environmental to complete an inventory of GHG emissions and to begin developing strategies to achieve GHG reduction targets in accordance with State of California requirements.
Staff will begin outreach to local residents, stakeholders, interested parties, and other affected agencies and/or individuals this month (August). To ensure broad and comprehensive outreach, staff will be developing a list of stakeholders, a project website, conduct pop-up information booths, and give community presentations. The overall goal of the outreach process is to ensure that the CAP reflects the authentic voice of community and that the strategies contained therein benefit the community and further the goals of the City’s General Plan. Outreach will occur in two phases, with the first phase including information about the CAP process and schedule, followed by a second phase to seek feedback on potential GHG reduction strategies. In order to remain eligible for the Connect Main Street SGIP grant ($2.5 million) from SANDAG, the CAP will need to be approved by the City Council by Spring, 2020.
Environmental Review: Not subject to review Negative Declaration Categorical Exemption, Section Mitigated Negative Declaration
Fiscal Impact: No fiscal impact to prepare the CAP other than in-house staff time and grant funding through SANDAG.
Public Notification: None
Staff Recommendation: That the City Council receives the report and provides direction.
Attachments: A – City Council Staff Report dated September 19, 2017 B – Grant Extension request dated July 9, 2019
Climate Action Plan August 6, 2019 Page | 2
LEMON GROVE CITY COUNCIL AGENDA ITEM SUMMARY
Item No. __2 ___ __ Mtg. Date __September 19, 2017__ Dept. __Development Services Department
Item Title: City of Lemon Grove Climate Action Plan
Staff Contact: Malik Tamimi, Management Analyst
Recommendation:
Discuss and provide feedback on the City of Lemon Grove Climate Action Plan as outlined in the staff report (Attachment A).
Item Summary: Climate Action Plans (CAPs) are planning documents that outline activities to reduce greenhouse gas (GHG) emissions. The City of Lemon Grove Energy Roadmap (2014), Greenhouse Gas Emissions: Inventories and Forecast (2015), and Climate Action Planning (2016) reports were completed in support of energy efficiency and GHG emissions reductions. The next step is the preparation of the City of Lemon Grove CAP as outlined in the staff report (Attachment A). Staff recommends that City Council discuss and provide feedback on the CAP development scope of work.
Fiscal Impact: No fiscal impact other than in-house staff time and grant funding through SANDAG and SDG&E Energy Roadmap Program.
Environmental Review: Not subject to review Negative Declaration Categorical Exemption, Section 15304 Mitigated Negative Declaration
Public Information: None Newsletter article Notice to property owners within 300 ft. Notice published in local newspaper Neighborhood meeting
Attachments: A. Staff Report
-1- Attachment A
LEMON GROVE CITY COUNCIL STAFF REPORT Item No. 2 ___
Mtg. Date September 19, 2017
Item Title: City of Lemon Grove Climate Action Plan
Staff Contact: Malik Tamimi, Management Analyst
Discussion Climate Action Plans (CAPs) are comprehensive local planning documents that outline specific activities a local government will undertake to reduce greenhouse gas (GHG) emissions from their community. Major sources of emissions are from transportation, building energy use, solid waste, deforestation and water use. Strategies to reduce emissions typically include efforts to advance energy efficiency, renewable energy, biking, walking, transit, electric vehicles, water conservation, urban forestry, natural light and ventilation, and programs to “reduce, reuse, and recycle” consumer goods. CAP strategies are unique for each community and offer economic, environmental, and public health-related co-benefits. Regulatory Background In 2005, Governor Schwarzenegger issued Executive Order (EO) S-3-05, which set two statewide goals for reducing GHG emissions: return to 1990 GHG levels by 2020, and reduce GHG emissions by 80 percent below 1990 levels by 2050. In 2006, Assembly Bill (AB) 32 set the 2020 GHG reduction target into law and directed the California Air Resources Board (CARB) to prepare a statewide Scoping Plan to detail how the state would attain the 2020 reduction target. In 2007, Senate Bill (SB) 97 created new requirements for GHG emissions to be considered under the California Environmental Quality Act (CEQA). The 2008 Scoping Plan described the key role that local governments play in reducing GHG emissions and recommended that local CAPs include a reduction target of 15 percent below current levels by 2020. The CEQA guidelines were revised to include a definition for a qualified CAP to allow for streamlining for subsequent projects. More recently, EO B-30-15 and subsequently SB 32 (2016) set a new GHG reduction target to reduce emissions 40 percent below 1990 levels by 2030, and AB 197 (2016) directed CARB to prepare an updated Scoping Plan to 2030. City of Lemon Grove Energy Roadmap In December of 2014, the City of Lemon Grove completed a comprehensive energy management plan known as the City of Lemon Grove Energy Roadmap (Energy Roadmap). The Energy Roadmap was prepared through the San Diego Association of Governments (SANDAG) Energy Roadmap Program in consultation with City of Lemon Grove staff and San Diego Gas & Electric (SDG&E). The plan provides a framework for the City of Lemon Grove to identify strategies to save energy in government operations and in the community, resulting in municipal cost savings and benefits to the environment. The plan focused on cost-effective opportunities to save electricity, natural gas, and transportation fuel. The City of Lemon Grove has already undertaken a number of actions related to energy savings, smart growth and sustainability. Through the Energy Efficiency and Conservation Block Grant (EECBG) program, Lemon Grove was awarded $132,374 and completed energy efficient street light conversions that upgraded streetlights and reduced municipal utility bills. In 2014, the City was recognized for its smart growth redevelopment of the Main Street Promenade, receiving “Project of the Year” by the local chapter of the American Public Works Association.
-3- Attachment A
Greenhouse Gas Inventory Through the City of Lemon Grove’s participation in the Energy Roadmap Program, the City was able to apply and was awarded a grant from the SDG&E Emerging Cities Program (ECP) in 2014 to develop a GHG emission inventories and forecast report. The 2015 report presents the GHG emissions for the community of Lemon Grove for the years 2010, 2011, 2012, and 2013, and a forecast of likely emissions in 2020 as prepared by the University of San Diego Energy Policy Initiatives Center (EPIC). The inventories and forecast presented in the report represented the first comprehensive accounting of the City’s resource use and associated GHG emissions. The City’s emissions were relatively stable from 2010 to 2013, increasing by less than 2% over the four-year period. The City’s emissions are largely from electricity (36%), transportation (28%), and natural gas (22%) sources, with other emissions sources including solid waste (9%), water (4%), and wastewater (1%). Future emissions are expected to increase 6% from 2010 levels by 2020. The proportion of emissions from electricity (38%), solid waste (10%) will increase while the proportion of emissions from transportation will decrease (24%) and natural gas emissions will continue to account for 22%. The Proportion of emissions attributed to water and wastewater will also remain the same at 4% and 1%, respectively. Sage Project In 2016, the City of Lemon Grove partnered with the Sage Project and San Diego State University on the topic of climate action planning. The Sage Project is part of the Educational Partnerships for Innovation in Communities Network that enables students through their course work to engage in meaningful real-world projects working with local government. This partnership resulted in the development of the Lemon Grove Climate Action Planning report intended to help guide the City in the development of a future CAP. The report used the United Nations Human Settlements Programme or UN-Habitat Toolkit “Guiding Principles for City Climate Action Planning”. The City of Lemon Grove would be the first city in the United States to utilize this toolkit that takes on a holistic approach to climate action planning. The toolkit guiding principles include ambitious, inclusive, fair, comprehensive and integrated, actionable, evidence-based, and transparent and verifiable goals. The Sage Project presented the Lemon Grove Climate Action Planning report to the City of Lemon Grove City Council on July 18, 2017. SANDAG Technical Support The outcome of the cumulative efforts that resulted in the completion of the Energy Roadmap, GHG Emissions Inventories and Forecast, and Sage Project Climate Action Planning report made the City of Lemon Grove eligible for additional technical support from SANDAG. Through the Energy Roadmap Program, SANDAG offers energy engineering and climate planning assistance at no-cost to the City of Lemon Grove and other member agencies to save energy in government operations and the community. The Energy Roadmap Program is currently funded through 2020 by a Local Government Partnership with SDG&E. SANDAG supplements the SDG&E funding, which is restricted to energy efficiency-related activities, to offer comprehensive climate planning services to member agencies such as the City of Lemon Grove. SANDAG has two consultants under contract that provide the climate planning assistance. Attachment A
SANDAG staff has coordinated with City of Lemon Grove staff to prepare a scope of work for CAP development that would include the following tasks: 1. Review and refinement of existing 2013 GHG emissions inventory and forecasts prepared in 2015 in partnership with SDG&E. 2. Quantitative analysis of GHG reduction measures, including guidance on establishing GHG reduction targets. 3. Climate Action Plan development following the UN-Habitat Guiding Principles for City Climate Action Planning. 4. Implementation Plan, including identification of key actions, costs, relevant parties, funding sources, and/or timeline for each GHG reduction measure. 5. Community engagement activities including a community workshop, outreach materials, and presentations to City Council and stakeholder groups. The timeline for the CAP development scope of work spans approximately one year after project kickoff. Throughout the process, the consultants will work closely with City staff to ensure the CAP is in alignment with other City planning efforts such as the General Plan Update. Preparing the CAP in tandem with the General Plan Update will be advantageous by providing a plan for GHG reductions that can help reduce GHG impacts from a General Plan Update and allowing for CEQA streamlining for future projects. This is known as a qualified CAP and would be held to a high standard for enforceability. The CAP must have an accompanying environmental document and for CEQA streamlining, a consistency checklist for development projects. The CAP will be incorporated into the General Plan Update and the Program Environmental Impact Report (EIR) which has been contracted to be prepared by DUDEK and Associates and will analyze both the CAP and the General Plan Update at the same time. Prerequisite for SANDAG Grants It is worth noting that when SANDAG adopted San Diego Forward: The Regional Plan in 2015, its EIR included mitigation measures to reduce the impacts of the plan on GHG emissions. One of the mitigation measures requires SANDAG to update eligibility criteria for the TransNet Smart Growth Incentive and Active Transportation Grant Programs to make an adopted CAP a prerequisite for a local jurisdiction to receive funding. The City of Lemon Grove is a recipient of the aforementioned grants. The next call for projects for these programs is planned for December 2017 when over $30 million is anticipated to be available to member agencies for planning and capital grants and the City will be in a good position to receive funding because the City has met its Regional Housing Needs Assessment (RHNA).
Recommendation Staff recommends that the City Council discuss and provide feedback on the CAP development scope of work.
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CITY OF LEMON GROVE
CITY COUNCIL STAFF REPORT Item No. 4 Meeting Date: August 6, 2019 Submitted to: Honorable Mayor and Members of the City Council Department: City Manager’s Office Staff Contact: Lydia Romero, City Manager Item Title: Memorandum of Understanding with the Lemon Grove Firefighters Association Local 2728 of the International Association of Firefighters
Recommended Action: Adopt Resolution approving the Memorandum of Understanding between the City of Lemon Grove and Lemon Grove Firefighters Local 2728 of the International Association of Firefighters.
Summary: In Spring of 2018, the City of Lemon Grove (City) and the Lemon Grove Firefighters Association 2728 of the International Association of Firefighters (Local 2728) agreed to extend the previous Memorandum of Understanding (MOU), expiring June 30, 2018, for one additional year. In May of 2019, the City Local 2728 began negotiations on a new MOU. Staff has completed negotiations and presents a Resolution approving a 4 (four) year MOU for the City Council’s consideration. Background: In June of 2015, the City and Local 2728 entered into a three-year labor MOU. In spring of 2018, both parties agreed to a one-year extension of the 2015 MOU. The extended agreement expired on June 30, 2019. In May of 2019, the City and Local 2728 met to begin to negotiations on a new MOU. The City and Local 2720 representatives have been negotiating terms of a revised agreement and are prepared to present a document for City Council consideration. Discussion: The following describes significant changes to the previous MOU: Term – the MOU is for a 4 (four) year term, expiring on June 30, 2023. Employee Salaries – the MOU reflects no cost of living adjustments in Fiscal Year 2019-20. In Fiscal Year 2020-21 there is a 1% cost of living adjustment; Fiscal Year 2021-22 a 2% cost of living adjustment; Fiscal Year 2022-23 a 3% cost of living adjustment. Retirement – Classic members will contribute an additional 3% to their PERS retirement during the term of this MOU. This contribution will begin July 1 of FY 2020-21 at 1%, FY 2021-22 at an additional 1% and FY 2022-23 at an additional
August 6, 2019 Page | 1
1% for a total of 3%. Under the 2013 retirement law, Public Employees’ Pension Reform Act (PEPRA), Classic members are those employees serving in public employment at the time the law was passed and have continued to be employed with a public agency. The City has to amend its PERS contract to allow for the additional contributions to be made by this class of employees. Staff will bring back the revision of the PERS contract to a future City Council meeting. Health Insurance Benefits – the MOU includes an increase to the health only portion from $150 per month to $350 per month. Employees are given the opportunity to opt out of the City’s health insurance plan. If an employee, covered by this MOU, opts out of health insurance they will receive $300 monthly opt out payment. The employee must show they have health insurance comparable to the City’s plan, and they must have been enrolled at least for one (1) year before that can exercise the opt out option. Flexible Insurance Benefit – an increase of this benefit from $750 to $1000 per employee covered by this MOU. This contribution can be used for health insurance and any other benefit offered to employees in our flexible benefit package. There is no cash back if there are any remaining dollars. Life Insurance – the City will increase the life insurance from $10,000 to $100,000 per employee. Bilingual Pay – the MOU creates a monetary incentive, for those employees covered by this MOU, to use their bilingual skills in the course of their work. Employees will have to demonstrate verbal proficiency prior to receiving the incentive pay. Vacation Cap – the MOU includes a cap on vacation accrual of 576 hours and allows for a cash out provision.
Holiday Leave – Adds another day to the conversion.
Non- Monetary Items – the MOU includes several non-monetary items which are: Class and Compensation Study - City shall conduct a Class and Compensation Survey for all Firefighter employees covered by this agreement. Only agencies surveyed are La Mesa and El Cajon with agreed to data points in the survey. A committee comprised of Fire Association members will make implementation recommendations to the City Manager. This committee needs to be convened by January 2020 with the survey results completed by July of 15th of 2020. Acting Position - Allows positions, specifically Captains, to work in the engineering position, with yearly skills test conducted by the training chief. This supersedes a previous side agreement. MOU language changes – these minor language changes reflect current operations and staffing model as well as grammatical fixes from the previous MOU.
Local 2728 has already voted and approved the tentative MOU.
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Fiscal Impact: A budget adjustment will need to be made for the FY 2019-20 budget of $73,800. In future budget years, the increased costs associated with this labor agreement will be incorporated into the overall Fire department budget.
Staff Recommendation: Adopt Resolution approving the Memorandum of Understanding between the City of Lemon Grove and Lemon Grove Firefighters Local 2728 of the International Association of Firefighters.
Environmental Review: Not subject to review Negative Declaration Categorical Exemption, Section Mitigated Negative Declaration
Public Notification: None
Attachment: Attachment A – Resolution
August 6, 2019 Page | 3
Attachment A
RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LEMON GROVE, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTADNING BETWEEN THE CITY OF LEMON GROVE AND LEMON GROVE FIREFIGHTERS ASSOCIATION, LOCAL 2728 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
WHEREAS, a Memorandum of Understanding (MOU) became effective on June 30, 2015 between the City and Lemon Grove Firefighters Association, Local 2728 of the International Association of Firefighters (Local 2728), relating to wages, benefits and working conditions; and
WHEREAS the initial term of the 2015 MOU was set to expire on June 30, 2018; and
WHEREAS, in Spring 2018, the City and Local 2728 entered into an agreement approving a one-year extension of the 2015 MOU, resulting in a new expiration date of June 30, 2019, and
WHEREAS, the City entered into formal negotiations in May of 2019 with Local 2728; and
WHEREAS the City Council has considered the proposed MOU and has determined that its approval is in the best interest of the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lemon Grove, California, hereby:
1. Approves the attached Memorandum of Understanding with Lemon Grove Firefighters Association, Local 2728 of the International Association of Firefighters (Exhibit 1); and 2. Authorizes the City Manager to execute said Memorandum of Understanding
August 6, 2019 Page | 4
Attachment A
PASSED AND ADOPTED on ______, 2019, the City Council of the City of Lemon Grove, California, adopted Resolution No. ______, passed by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
______Racquel Vasquez, Mayor Attest:
______Shelley Chapel, MMC, City Clerk
Approved as to Form:
______Kristen Steinke, City Attorney
August 6, 2019 Page | 5
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LEMON GROVE AND THE LEMON GROVE FIREFIGHTERS ASSOCIATION, LOCAL 2728 OF THE INTERNATIONAL ASSOCATION OF FIREFIGHTERS
2019-2023
This Memorandum of Understanding (“Agreement”) between the City of Lemon Grove (hereinafter “City”), and the Lemon Grove Firefighters Association, Local 2728 of the International Association of Firefighters (hereinafter “Local 2728”), sets forth the full and entire understanding of the parties regarding the City’s fire services and other matters set forth herein. Prior or existing understanding or agreements by parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.
PREAMBLE
This Agreement is entered into pursuant to Government Code §§ 3500-3510 and has been jointly prepared by the duly appointed representatives of the City and Local 2728. It is the purpose of this Agreement to achieve and maintain harmonious relations between the City and Local 2728 to provide for equitable and peaceful adjustment of differences that may arise and to establish proper standards of wages, hours, and other conditions of employment.
The parties have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment of the employees represented by Local 2728, have freely exchanged information, opinions, and proposals, and have endeavored to reach agreement on all matters relating to employment conditions and employee/City relations of such employees.
ARTICLE 1 – RECOGNITION
1.1 The City recognizes Local 2728 as the “meet and confer” representative for represented public safety employees of the City involved in fire suppression.
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This Agreement shall be applicable to the Battalion Chief, Captain, Engineer, and Firefighter/Paramedic classifications. This Agreement shall not apply to any other classifications within the City including any substitute or temporary employees.
ARTICLE 2 – MANAGEMENT RIGHTS
2.1 The City, on its own behalf and on behalf of the electors of the City, hereby retains and reserves unto itself, without limitations, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by federal, state and local laws and ordinances, the Constitution of the State of California, and the Constitution of the United States, including, but without limitation, the rights:
A. To determine and administer City policies, procedures, rules and regulations.
B. Subject to the provisions of the law, to hire all employees, to determine their qualifications and the conditions of their layoff, dismissal or demotion, and to promote and to transfer all employees.
C. To determine the number and kinds of personnel necessary for the efficient operation of the City and to direct their activities.
D. To determine staffing patterns and work schedules.
E. To determine City programs.
F. To build, move, or modify City facilities.
G. To develop and administer the City budget.
H. To determine the methods of raising revenue.
I. To take action on any matter in the event of an emergency.
J. To determine the need for technology and equipment upgrades.
K. To delegate to the City Manager, Fire Chief, and other legally appointed officers, the operation of the City, its properties and facilities, including but
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not limited to innovative and experimental uses of the City’s facilities and experimental and pilot investigation of new fire science programs.
2.2 Employees may be assigned City-owned vehicles, lockers, desks, cabinets and cases for the mutual convenience of the City and its personnel. All personnel are admonished that the retention of personal items in such vehicles, containers or facilities is at the risk of the employee and the City will not be responsible for any losses other than as specified in Article 20 (Reimbursement for Lost, Stolen or Damaged Property). Vehicles, containers or facilities in which equipment is stored shall be subject to entry by the City. A employee shall not have his or her locker or other space for storage that may be assigned to him or her searched except in his or her presence, or with his or her consent, or unless a valid search warrant has been obtained and unless he or she has been notified that a search will be conducted. This section shall apply only to lockers or other space for storage that are owned or leased by the City. It shall be the policy of the City to conduct searches in the presence of two City officers and the employee. If requested by the employee, the search must also be conducted in the presence of one Local 2728 representative.
2.3 The exercise of the foregoing powers, rights, authority, duties and responsibilities by the City, the adoption of policies, rules and regulations, and practice in the furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms are in conformance with federal and state law.
ARTICLE 3 – TERM OF AGREEMENT
3.1 This Memorandum of Understanding shall be effective as of 0001 hours on July 1, 2019, and shall remain in effect until 2359 hours on June 30, 2023. All financial terms of this contract shall remain in place unless agreed upon by both parties. On or about March 15 of each year, either party may choose to re-open the MOU in order to meet and confer on any non-financial items by notifying the other party in writing.
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ARTICLE 4 – RULES AND REGULATIONS
4.1 Local 2728 agrees that all of its members shall comply with all City policies, procedures, rules and regulations, including those relating to conduct and work performance. Unless specifically modified or superseded by this Agreement, all employees covered hereunder shall be subject to the rules established in the Lemon Grove Personnel Policies Manual (Manual) under Resolution No. 3085, as amended. Local 2728 also agrees to comply with the provisions of Chapter 2.32 (City-Employee Relations) of the Lemon Grove Municipal Code, which is incorporated herein by reference as amended.
ARTICLE 5 – HOURS OF EMPLOYMENT
5.1 The average workweek computed over a one-year period shall be 56 hours. The schedule shall consist of a system of three platoons, 4’s and 6’s (based on a 24- day work cycle). The work cycle is established as follows: Four shifts (24 hours on, 24 hours off) Four consecutive days off Four shifts (24 hours on, 24 hours off) Six consecutive days off
5.2 Personnel may be assigned to a temporary, modified workweek to accomplish needed work for the City. The terms and conditions of assignment to such workweek shall be mutually agreed upon between the local and management.
ARTICLE 6 – SHIFT BIDDING
6.1 To accommodate staffing in the fire department, the department uses a “bid” system process. This system allows employees to bid for a station assignment for the upcoming year. On or around January 1, every other year, all employees shall be allowed to bid for shift assignments based on seniority in rank. Any changes will be effective on or around February 1 of the same year. In the event that openings occur in between bid cycles, they will be filled in a similar fashion based on seniority.
The following guidelines are used in the annual bid system process:
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A. In years ending in an even number, the bid will be department wide with members allowed to move from shift to shift. In years ending with an odd number, the bid will be shift wide with members allowed to move within their shift only.
B. The Fire Chief or his designee will conduct the bid each year.
C. Captains will be allowed to select first based on seniority within the rank, with the senior Captain selecting first. All Captain will select a station prior to Engineers.
D. Engineers will be allowed to select next based on seniority within the rank, with the senior Engineer selecting first. All Engineers will select a station prior to Firefighters.
E. Firefighter will be allowed to select next based on seniority with the rank, with the senior Firefighters selecting first.
F. New hires or promotions will be placed by management regardless of date, month or year.
G. The Fire Chief reserves the right to make changes in station assignments, or place personnel to meet the needs of the department at anytime.
ARTICLE 7 – EMPLOYEE SALARIES
7.1 All covered members under this MOU shall receive the following Cost of Living increase, as described below:
July 1, 2019 – 0%
July 1, 2020 – 1%
July 1. 2021 – 2%
July 1, 2022 – 3%
7.2 City shall conduct a Class and Compensation Survey (“Survey”) for all employees covered by this agreement. The City will use a committee of 2 (two) City Administration personnel selected by the City and 2 (two) Fire Personnel, who shall be selected by Local 2728, as the Class and Compensation Committee
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(“Committee”). The Committee will use the cities of La Mesa and El Cajon as survey agencies. The survey shall use the following data points: Top Step Base Salary, Paramedic pay, Uniform pay, Education incentive, Employee PERS Pick up and Health Care contributions. The Survey shall include data through July 15, 2020. The Committee shall review results and make implementation recommendations to City Manager on equity adjustments. The Committee convene no later than January 2020 and the survey shall be completed no later than July 15, 2020.
ARTICLE 8 – OVERTIME COMPENSATION
8.1 The City shall comply with the Fair Labor Standards Act (FLSA) as amended and as it applies to the fire service.
8.2 FLSA - Under the Fair Labor Standards Act, generally, an employer must pay an employee overtime for hours worked in excess of 40 hours per week. This overtime pay is one and one half (1½ ) times the regular compensation rate.
Under Section 207(k) of the FLSA, as interpreted by the Department of Labor, employees engaged in fire protection or law enforcement activities with 28 consecutive day work periods are entitled to one and one half (1½ ) times their regular compensation rate if they work excess hours. For fire protection employees, overtime must be paid for hours worked beyond 212 hours during the 28-day work period.
Approved leave time is considered as hours worked for the purposes of FLSA overtime calculation.
8.3 Every full time employee covered by this Agreement shall be eligible for overtime pay. There are three types of overtime: scheduled, voluntary and recall.
Scheduled overtime is the term used for the three hours worked each workweek in addition to the regular 53 hours, paid at time and one half.
Voluntary overtime includes all overtime worked to fill normal positions whether a full or partial shift. Voluntary overtime begins when the employee reports to the work location where the position is being filled. All forcebacks to cover normal
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shifts are considered voluntary. Employees reporting for voluntary overtime shall be paid a minimum of two hours.
Recall overtime includes all overtime for which the employee is called back to work due to an emergency. The Fire Chief or his/her designee determines what constitutes an emergency. Recalled employees shall be paid overtime from the time of recall, for a minimum of two hours, for each recall and hour for hour beyond two hours. Employees on recall overtime shall be paid their current hourly rate.
8.4 It is the intent of the City to not compensate more than one employee to fill a normal position whether with regular or overtime pay.
8.5 Recalled employees shall be entitled to reimbursement for meals during the emergency for which they are recalled.
8.6 Employees shall not work more than 96 consecutive hours except during extreme emergencies as directed by the Fire Chief. 12 (Twelve) hours is normally considered a minimum break in duty.
8.7 Employees shall not be force hired in order to staff the annual bonfire event. The event shall be staffed by regularly scheduled shift employees and/or voluntary over time employees.
ARTICLE 9 – TIME REPORTING AND USE OF LEAVE CREDITS
9.1 All hours worked and leave credits taken shall be reported in 30-minute increments. 15 minutes or less shall not be reported. More than 15 minutes and less than 45 minutes shall be reported as 30 minutes. More than 45 minutes shall be reported as one hour.
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ARTICLE 10 – EXCHANGE OF SHIFTS/EARLY RELIEF
10.1 Exchange(s) of shift/early relief are privileges granted by the Fire Chief or his/her designee. The Fire Chief or his/her designee may deny shift exchange(s) at the time of request; the reason(s) for denial shall be substantiated at the time of denial.
10.2 Shift exchanges (“trade time”) shall follow these guidelines:
A. The Shift Battalion Chief may grant shift exchange requests of less than 24 hours.
B. Shift exchange requests of 24 hours or more must be approved by the Shift Battalion Chief and the Fire Chief or his/her designee and must be submitted at least 24 hours prior to the planned exchange of shift.
C. All shift exchanges shall be rank for rank, inclusive of acting positions.
D. Shift exchanges that would require a firefighter to work in excess of 96 consecutive hours shall be denied.
E. All exchanges shall be completed within 12 months of the initial exchange.
F. The responsibility to cover an assigned work shift remains with the employee assigned to such shift.
Approved shift exchanges shall be considered a normal, scheduled work assignment. If for any reason a shift exchange or any portion thereof is not worked, the employee that accepted the shift exchange for that shift shall be charged annual leave. If this occurs with an original shift exchange, a payback shift exchange shall still be owed for the full amount of hours agreed upon between the parties. All payback shift exchanges are considered fulfilled with hours worked or charged annual leave. In the event of an on-duty injury during a shift exchange, the City shall cover the remaining portion of such shift. Anyone who fails to fulfill a shift exchange (original or payback) twice in a six-month period may not be allowed to participate in any new shift exchanges for one year after the date of such failure.
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G. Shift exchanges of more than four hours are not allowed while an employee is working overtime.
ARTICLE 11 – MINIMUM SUPPRESSION STAFFING
11.1 The City agrees that the use of a constant minimum staffing model is more cost effective than utilizing an overstaffing model during the term of this Memorandum of Understanding. The City, therefore, shall utilize a constant minimum staffing model. Minimum daily staffing for the City shall be six (6) members per shift. The six shift positions shall be two captains, 2 engineers, and 2 firefighter/paramedics per shift. Except in the case of an anticipated absence of at least six months, as a result of injury, illness, military service, jury duty, or any other similar event, the City reserves the right to use temporary firefighters to fill the temporary vacancy.
ARTICLE 12 – FIRST RESPONDER AND PARAMEDIC TERMS AND CONDITIONS
12.1 A base annual paramedic recertification incentive of 3.3 percent of top Firefighter/Paramedic annual salary shall be paid in December.
12.2 Employees who maintain their paramedic status after reassignment or promotion shall receive the paramedic recertification incentive listed in Article 12.3.
12.3 Those employees originally hired as Firefighters/Paramedic shall maintain their certification as a minimum job requirement until promotion or separation.
12.4 Employees may not use City training or education reimbursement funds, referred to in Section 21.1, for the costs associated with EMT or paramedic recertification course, training or testing.
ARTICLE 13 – ACTING POSITIONS
13.1 Those acting in positions of a different rank shall comply with the regulations and orders of the position in which they are acting and shall be required to have knowledge of and be responsible and accountable for the proper execution of the duties of such rank. They shall be accorded all authority and privileges of the office in which they are acting, and shall be obeyed and respected accordingly.
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13.2 Employees of a higher rank may voluntarily work in a position of lower rank (i.e., an Engineer working in a Firefighter/Paramedic position) only after the overtime list has been exhausted and prior to any forcebacks. Overtime voluntarily worked in a lower rank shall not prejudice the employee’s position on the overtime list for their rank. Captains may work down as an engineer, as long as they have completed a yearly competency test that consists of a pre-trip check and cone and pump evaluation to verify competency as determined by the training Chief.
13.3 Employees being trained for another position shall not be compensated for the position for which they are being trained as long as the position is presently filled. The intent of this Article is to prevent two or more employees from being compensated for the same position at the same time.
13.4 Vacancies occurring on a planned or daily basis will normally be filled rank for rank from the voluntary overtime list. This would include any vacation or short- term sick leave or leave of absence. This does not preclude the ability of the City to fill long-term vacancies occurring due to sick leave, leave of absence or other circumstances with move up or qualified acting personnel. Long-term vacancies are normally defined as eight shifts or longer.
The City may use other methods of filling vacancies if it has knowledge that the vacancy will exist for eight shifts or longer. If no one from the vacant rank is signed up for voluntary overtime, then others of higher rank shall be offered the overtime prior to any force back.
If no employee, on or off duty, of equivalent rank or certified to act in the vacant position is available, the Fire Chief or his/her designee shall appoint the employee he/she feels most qualified to fill the vacant position until an equivalent or certified employee is available.
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ARTICLE 14 – LIMITED DUTY
14.1 Personnel on sick leave due to an off-duty injury or a non-contagious illness, and with the written consent of their physician, may, at the discretion of the Fire Chief, be allowed to return to work in a limited duty status.
14.2 Limited duty may include any one or more of the following or within the City operations, but shall not include emergency duties: A. Clerical duties, B. Station maintenance, D. Department runner (parts, supplies, mail delivery, etc.), F. Fire prevention duties, H. Other duties that may appropriately fall within limited duty status.
14.3 Limited duty is available at the discretion of the City and is contingent upon a need existing for both the City and the employee.
14.4 The existing needs of the City and the utilization of an eligible employee’s special skills shall be a determining factor in the assignment of limited duty. Limited duty assignments may include assignments to duties in other City departments where the employee’s special skills may be utilized. If more than one employee is on sick leave and limited duty is available, the alternating of personnel may be required. Other factors being equal, the employee with the longest sick leave should receive first consideration.
14.5 Limited duty shall not extend beyond 30 calendar days, unless reviewed and approved for extension by the Fire Chief in the same manner as the original request.
14.6 The granting of limited duty is with the understanding that the employee’s injury or illness is of a temporary or nonpermanent nature only and the employee shall be expected to be able to return to full duty when physically able.
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14.7 Return to full duty can only be accomplished by obtaining written clearance from the physician treating the employee. The employee shall, as soon as possible, notify the City regarding his/her medical status.
14.8 Personnel on limited duty shall continue to accrue annual and sick leave based on the prevailing workweek for that employee’s full duty status.
14.9 Suppression personnel assigned to limited duty will be assigned to a 40-hour duty week and will not be eligible for time and one-half (1½) compensation until they exceed 40 hours per week.
14.10 The formula for converting a 56-hour workweek to a 40-hour workweek and back to a 56-hour workweek for sick leave and annual leave is (with all calculations rounded to the nearest one half hour):
Total hours divided by 56 times 40 equal total hours on 8-hour day (subtract time)
Total hours divided by 40 times 56 equal total hours on 24-hour day (add time)
14.11 Employees on leave due to an on-duty injury may be brought back on limited duty as soon as allowed by the treating physician. This may extend beyond the 30-day limit stated in Article 14.5.
ARTICLE 15- PERSONAL EXPOSURE RECORD
15.1 The City shall fund the cost of The California Professional Fire Fighters Personal Exposure Record for each employee covered by this agreement.
ARTICLE 16 – INSURANCE BENEFITS
16.1 During the term of this Agreement, the City agrees to provide each employee with health coverage pursuant to the Plans currently offered. City shall contribute $350.00 per month towards the cost of health insurance coverage for the employee.
16.1 A. An employee may elect to waive the City’s health insurance coverage and receive $300 monthly Opt-Out payment in accordance with the terms of the cafeteria plan (including, but not limited to access to the
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$1,000 Flexible Benefits per 16.3 below and dental, vision, and supplementary insurance), and the Affordable Care Act, if the employee complies with the following conditions:
1) The employee certifies that the employee and all individuals in the employee’s tax family for whom coverage is waived, have alternative Minimum Essential Coverage as defined by the Patient Protection and Affordable Care Act through a provider other than a federal marketplace, a state exchange, or an individual policy.
2) During the City’s annual open enrollment period, the employee must complete an annual written attestation confirming that the employee and the other members of the employee’s tax family are enrolled in alternative Minimum Essential Coverage. The employee agrees to notify the City no later than 30 days if the employee or other member(s) of the employee’s tax family lose coverage under the alternative Minimum Essential Coverage Plan.
3) The employee understands that the City is legally required to immediately stop conditional opt-out payments if the City learns that the employee and/or members of the employee’s family do not have the alternative Minimal Essential Coverage.
4) Employees must be enrolled in a City sponsored plan for one (1) year before they can opt out.
16.1 B The City reserves the right to modify at any time, the amount an employee is eligible to receive under this paragraph, if required by IRS Cafeteria Plan regulations, other legislation or Federal and/or California agency guidance.
16.2 Employee must participate in one of two dental insurance plans.
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16.3 The City contributes $1000.00 per month towards a flexible benefits package. The employee may contribute this amount plus any of his/her own funds towards any of the offered pre-tax benefits.. Certain premiums may be paid with pre-tax dollars. Two types of Flexible Spending Accounts are offered: Medical Expense Reimbursement and Dependent Care Reimbursement accounts.
16.4 The City will directly pay a separate health insurance benefit to all current and future retirees that are or have been employed by the City as of July 1, 2010. The separate health insurance benefit, which will be paid on a six-month basis, will be in the amount of $200.00.
16.5 The City shall provide a $100,000.00 Whole Life Insurance Policy to each covered employee.
16.6 Each covered employee hired after April 1, 1986 shall contribute 1.45 percent of salary for Medicare coverage. City shall contribute 1.45 percent of the salary of each covered employee for Medicare coverage.
16.7 If employees affirmatively elect, through a union-wide vote, to establish a Retiree Savings Accounts, City shall administer said program through payroll deductions on behalf of the employees.
ARTICLE 17 – RETIREMENT BENEFITS
17.1 The retirement benefits for the employees covered by this Agreement are as specified in the contract with the Public Employees’ Retirement System (PERS). Said contract shall form part of, and be subject to all provisions of this Agreement.
17.2 If hired on or before December, 31, 2012, the employee shall pay the employee’s 9 percent share of the retirement contribution. Beginning July 1, 2020, employee’s shall pick up 1% (one percent) of the City’s normal cost. On July 1, 2021, employee’s shall pick up an additional 1% (one percent) of the City’s normal cost, for a total of 2% (two percent.) On July 1, 2022, employee’s shall pick up an additional 1% (one percent) of the City’s normal cost for a total of 3% (three percent.)
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17.3 The retirement benefit for employees hired on or before December 31, 2012 shall be based on a 3%@55 retirement formula and shall include:
Final Compensation – 1 Year
Sick Leave Credit
Military Service Credit
1959 Survivor Benefit, Fourth Level
EPMC Conversion
17.4 Retirement benefits of employees hired on or after January 1, 2013 shall be regulated through the Public Employees’ Pension Reform Act (PEPRA). CALPERS will determined if a new employee is a “classic member” (due to reciprocity) or a “new member.”
17.5 PEPRA regulations shall be determined by CALPERS. As of July 1, 2013, “new members” shall have benefits which include:
2.7%@57 retirement formula,
Final compensation is the average of the last three years of employment,
Employee is to pay an employee contribution equal to 50 percent of “normal cost,” and
There shall be no Employee Paid Member Contribution (EPMC) for employees hired on or after January 1, 2013. The City shall not report any EPMC as special compensation or compensation earnable for employees hired on or after January 1, 2013.
17.6 Deferred compensation plans are available for employee participation through payroll deduction.
ARTICLE 18 – UNIFORM ALLOWANCE
18.1 All protective clothing and/or protective devices required of employees in the performance of their duties shall be furnished and maintained by the City, without cost to the employees, in accordance with State law and CAL-OSHA regulations.
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All footwear with the exception of turnout boots are not considered protective devices for the purposes of this article although such footwear shall still meet any applicable safety standards.
18.2 Suppression personnel shall receive $1,000 as a uniform allowance. Said allowance shall be paid in the 2nd pay period of July as a lump sum and reported to CALPERS.
18.3 The City shall provide a Class “A” uniform to each employee upon completion of the Fire Specialist requirements. Maintenance and repair of the Class “A” uniform shall be in accordance with Article 18.4.
18.4 The minimum amounts of uniform items in good repair maintained by each employee shall be established by City policy. Management, to ensure compliance with developed policy, shall conduct periodic inspections.
ARTICLE 19 – BILINGUAL PAY
19.1 The City agrees to provide certain employees an additional compensation (“Bilingual Pay”) in the amount of $650 per year in exchange for use of bilingual skills. Bilingual pay shall compensate those employees identified by the City based on their bi-lingual proficiency and use of their bi-lingual skills. Bi-lingual pay will be paid on the 1st (first) pay period in December. To qualify and receive Bilingual pay, employees must pass a verbal proficiency test as deemed appropriate by the City Manager or designee.
The first pay out to qualified employees will be December 2019 which shall include any and all employees who have taken and passed the verbal proficiency test in 2019 and thereafter.
ARTICLE 20 – REIMBURSEMENT FOR LOST, STOLEN OR DAMAGED PERSONAL PROPERTY
20.1 Replacement of personal property lost, stolen, or damaged while on duty shall be compensated at full replacement value. These items would include eyeglasses, hearing aids, wristwatches damaged or destroyed (in a manner other than normal wear and tear), and items of personal property authorized to be in the
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station that are stolen while the on-duty employee is out of quarters. Required uniform items damaged on emergency incidents shall be replaced on a prorated basis.
20.2 Lost, stolen or damaged items must be verified by a Captain or the Fire Chief or his/her designee during the shift the alleged loss, theft or damage occurred.
20.3 Items lost, stolen or damaged due to negligence are not covered.
20.4 Employees are responsible for securing personal items and ensuring station security to avoid loss or theft of personal items.
ARTICLE 21 - EDUCATION AWARD
21.1 Employees hired on or before December 31, 2013 are eligible for an education award who have achieved Fire Specialist rating (3 years of service), on or before December 1st of the year in which the award is given. Payment shall be made in a lump sum during the first pay period in December each year. The employee must present proof of degree completion to the HR Analyst prior to November 1st to be eligible for that year.
21.2 Those employees referred to in Section 21.1, that have earned AA/AS shall receive 1 percent of top Firefighter/Paramedic annual salary. Those employees referred to in Section 21.1 that have earned a BA/BS or higher shall receive 2 percent of top Firefighter/Paramedic annual salary. The education award shall be paid in December of each year.
21.3 Employees hired on or after July 1, 2013, after completing their probation period, shall receive a one-time education award of $1,500.00 for possessing or earning a AA/S and $3,000.00 for possessing or earning a BA/S. The employee must present proof of degree completion to the HR Analyst.
ARTICLE 22- EDUCATIONAL REIMBURSEMENT
22.1 The City shall provide $1,000.00 for educational reimbursement for each employee according to the following schedule and requirements.
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22.2 Courses , classes or conferences related to the employee’s job responsibilities shall be eligible for reimbursement under this policy. Costs covered by this article include but are not limited to the following: tuition or registration fees, books, required and/or recommended items/supplies and reasonable travel expenses including lodging, travel and meals.
22.3 Reimbursement for attendance in these courses, classes or conferences must be pre-approved by the Fire Chief or his/her designee. Any dispute may be handled through the grievance process.
ARTICLE 23 – HOLIDAYS AND MODIFIED WORK SCHEDULES
23.1 Holidays recognized by the City are as follows: 1. New Year’s Day 8. Thanksgiving Day 2. Martin Luther King Jr. Day 9. Day after Thanksgiving 3. Presidents’ Day 10. Christmas Eve – ½ day 4. Memorial Day 11. Christmas Day 5. Independence Day 12. New Year’s Eve – ½ day 6. Labor Day 13. Floating Holiday 7. Veterans’ Day
23.2 Modified work schedules shall be observed on all Sundays and Department Holidays.
23.3 Modified work schedule is defined as the completion of daily equipment check and physical fitness. Any reporting requirement necessitated by emergency activities shall be fulfilled. No other mandatory work requirements are normally scheduled during these days. Employees are encouraged to use this time for personal training or other constructive purposes.
23.4 The Duty Chief or Station Captain may suspend the modified work schedule privilege due to unexpected or urgent Department needs. If such suspension occurs, every effort shall be made to grant a modified work schedule day to those employees affected by such suspension within a reasonable time following the suspension of the modified work schedule.
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23.5 The Fire Chief may order a modified work schedule day whenever he/she deems it appropriate.
23.6 The department may conduct one multi-company drill per quarter per shift on Sunday without necessitation a rescheduling of the modified work schedule day. Modified work schedules shall be observed in the station on the following recognized legal holidays (not the day before or after): 1. New Year’s Day January 1 2. Martin Luther King Jr. Day the third Monday in January 3. Presidents’ Day the third Monday in February 4. Memorial Day the last Monday in May 5. Independence Day July 4 6. Labor Day the first Monday in September 7. Veterans’ Day November 11 8. Thanksgiving Day the fourth Thursday in November 9. Day after Thanksgiving the fourth Friday in November 10. Christmas Eve (½ day) December 24 11. Christmas Day December 25 12. New Year’s Eve (½ day) December 31
23.7 No later than the second pay period in January of each year, each suppression employee shall be compensated at straight time for 6 holidays (144 hours) as compensation for holidays worked during the previous calendar year (January through December).This time will be put in their leave bank as holiday hours.
23.8 Suppression employees with less than five years of employment with the City may use 144 hours holiday leave throughout the year at a 1:1 ratio. At the end of each calendar year, suppression employees with less than 5 years of employment will have the option to cash out remaining hours at a 1:1 ratio or, in lieu of cash compensation, elect to convert remaining holiday leave hours to annual leave at a 1:1 ratio.
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Suppression employees with more than 5 years of employment with the City may use up to 72 hours holiday leave throughout the year at a 1:1 ratio (up to three shifts) and the remaining 72 hours at a 1:1.5 ratio (two shifts). At the end of the calendar year, suppression employees with more than five years employment will have the option to cash out any remaining hours at a 1:1 ratio. Or, in lieu of cash compensation and based on hours already converted for the year, may elect to convert 72 hours holiday leave to annual leave at a 1:1 ratio (up to three shifts) and the remaining 72 hours at a 1:1.5 ratio (two shifts). Employees with more than 5 years of employment can only convert a maximum of 72 hours at a 1:1 ratio whether it is used throughout the year or converted to annual leave at the end of the year.
ARTICLE 24 – ANNUAL LEAVE
24.1 Annual Leave Earn Rates: YEAR 56-HOUR EMPLOYEES 1-5 11.00 hours per month 6-10 15.00 hours per month 11-15 20.00 hours per month 16-20 22.00 hours per month 21+ 24.00 hours per month
Employees begin earning the higher rate during the pay period in which his/her anniversary date falls (i.e., five years and one day = 14 hours per month earn rate).
24.2 All annual leave is to be charged on an hour-for-hour basis to the nearest half hour consistent with Article 9. No employee covered under this MOU will be allowed to accumulate annual leave hours that exceed a cap of 576 hours. When the employee reaches the maximum accrual he/she shall cease earning vacation leave until the balance falls below the maximum accrual. Forty (40) hour employees may not take more than four weeks off at any one time on their first choice of annual leave.
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An employee may be granted vacation pay (at the employee’s current hourly rate) in lieu of vacation time off with the approval of the City Manager. The number of days will be deducted from the employee’s vacation accrual balance.
ARTICLE 25 – ILLNESS/INJURY WHILE ON ANNUAL LEAVE
25.1 Employees who are on authorized vacation and become ill or otherwise disabled through an accident may make a request to the Fire Chief to charge such sickness or disablement to credited sick leave, provided a physician’s statement is presented to the Fire Chief.
ARTICLE 26 – SICK LEAVE
26.1 Employees working a 56-hour duty week earn twenty (20) hours of sick leave per month.
26.2 Sick leave is to be charged at the rate of hour for hour at the nearest half hour consistent with Article 9.
26.3 Safety employees covered by Labor Code section 4850 shall not be allowed to use sick leave for on-duty injuries.
26.4 In the event that an employee uses sick leave for more than three consecutive shifts, the City may require a health care providers’ confirmation prior to any additional sick leave usage.
ARTICLE 27 – FAMILY CARE LEAVE
27.1 The City shall periodically review its policy regarding Family Care Leave to ensure conformance with all current state and federal laws that apply and shall provide amended verbiage for this Article if necessary to comply with such state or federal law.
ARTICLE 28 – SICK LEAVE UPON RETIREMENT OR SEPARATION
28.1 Upon retirement or separation (having worked for the City for a period of not less than five years), employees shall be paid for one-half of their accumulated sick leave hours. Pay shall be based upon vested amounts at the employee’s pay
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rate at the time the hours were earned (using the final pay rate each fiscal year for all time earned in that fiscal year).
28.2 Upon retirement, employees have the option to apply accumulated sick leave time toward retirement service credit on an hour-for-hour basis.
ARTICLE 29 – BEREAVEMENT LEAVE
29.1 In addition to annual and sick leave, employees shall be granted three consecutive working shifts leave with pay within a two-week period of a death of a family member (a maximum of 72 hours for 56-hour personnel, and 24 hours for 40-hour personnel). Additional leave is allowed, provided the employee uses his/her available annual or sick leave. Employees learning of the death of a family member while on duty shall, in addition, be given the remainder of that shift off.
29.2 For the purposes of this Article, “family member” is defined as the employee’s spouse, child, brother, sister, parent, parent-in-law, grandparent, grandchild or any person who is significant to the employee and is living in the same household.
29.3 Employees may use available sick or annual leave credits for time off due to the death of other family members not listed in Article 29.2.
ARTICLE 30 – EMERGENCY TIME OFF
30.1 Any emergency time off, not qualifying under the “Sick Leave,” “Family Care Leave,” or “Bereavement Leave” provisions, shall be charged against the employee’s available annual leave.
ARTICLE 31 – LEAVE FOR JURY DUTY AND SUBPOENAED WITNESS SERVICE
31.1 The City cooperates fully with local, state and federal courts in allowing employees to serve on juries without any financial loss. Any regular or probationary full-time employee who is required to serve as a juror, or who is subpoenaed as a witness in any court in a cause related to City matters, shall be entitled to a leave of absence with pay while performing services as a juror or as a witness.
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31.2 Employees who are called for jury duty will receive full compensation according to Article 31.1 above, for that period of absence, provided they furnish verification of jury service to the Finance Department.
31.3 In the event that the absence of an employee from work would cause a hardship on the City, the City may petition the Jury Commissioner to excuse the employee from jury duty.
31.4 To insure proper shift coverage, an employee who receives a notice of jury duty shall, within 24 hours of receipt of notice, notify and present the notice to the Fire Chief or his/her designee.
ARTICLE 32 – LEAVE FOR MILITARY SERVICE
32.1 An employee requesting a leave of absence to meet military requirements shall be granted such leave without pay, together with reemployment rights as provided by federal and state laws in effect at the time.
32.2 An employee who wishes to voluntarily incur military obligation involving one or more periods of active duty must obtain prior approval of the City Manager. (Such voluntary military service shall be without pay.)
32.3 An employee, who wishes to voluntarily serve in the Military Reserve, National Guard, etc., shall be required to provide for his/her own time off. It shall not be the City’s responsibility to provide time off, time off with pay, or standby overtime coverage for the employee. If the employee wishes, a leave of absence may be requested pursuant to Article 34.
ARTICLE 33 – MATERNITY LEAVE
33.1 An employee who becomes pregnant must notify her immediate supervisor of the pregnancy and the approximate date of delivery or such earlier date as she expects to begin a leave of absence.
33. 2 An employee, who is disabled from performing her duties because of pregnancy, childbirth, or related medical conditions, may have a leave of absence without pay for the period of such disability not to exceed a total of four months. The
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employee may use any accrued paid leave, such as annual or sick leave, before beginning an unpaid leave.
The four-month period of pregnancy disability leave of absence is a cumulative period, including all absences caused by the pregnancy. Within a reasonable time after delivery (usually six to eight weeks) the City may require an employee on pregnancy disability leave to provide her health care provider’s statement of her fitness to return to work, ongoing disability, or work restrictions, if any. Before returning to work, the employee must provide her health care provider’s statement of her fitness for duty.
33.3 A pregnant employee who wishes to continue working, but has work limitations resulting from the pregnancy, shall provide the City with a statement from her health care provider indicating all work limitations or restrictions. The City will make a reasonable effort to provide the employee with work that meets the limitations but, if no such work is available, the employee will be eligible to begin her pregnancy disability leave of absence. See Article 14 (Limited Duty) for additional information.
ARTICLE 34 – CATASTROPHIC LEAVE BANK
34.1 The City Manager may authorize the establishment of a catastrophic leave bank to benefit an employee stricken with a debilitating disease or illness, who has exhausted his/her own leave time, and who is not eligible for long term disability benefits. A donor employee may authorize the use of up to 25 percent of his/her accrued annual or sick leave by the catastrophic leave bank.
34.2 The catastrophic leave bank shall function until the leave time is no longer needed by the employee, the employee is eligible for long-term disability benefits, or the donated hours are exhausted.
34.3 The Finance Department will convert the donated time to its value, and reduce the donor employee’s leave balance during the payroll process. If an individual employee’s donated value exceeds the amount needed by the catastrophic leave bank, the donor employee’s leave balance will not be reduced by the excess.
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ARTICLE 35 – UNPAID LEAVE OF ABSENCE
35.1 On occasion, it may be necessary for an employee to be absent from work for an extended period. A leave of absence for a limited period is permitted depending on the reasons and circumstances prompting such request. A leave of absence must be supported by valid reasons and approved by the City. Such leave shall be without pay.
A. An employee desiring a leave of absence must present a written request to his/her immediate supervisor. The written request must contain the anticipated length of the absence with dates and circumstances prompting such a request.
B. The immediate supervisor will forward the request to the Fire Chief, who shall review and act upon the request considering the following factors:
1. The purpose for which the leave is requested.
2. The length of time the employee will be away.
3. The effect the leave will have on the ability of the Division to carry out its responsibilities.
4. The employee’s position and length of service.
C. To be valid, a leave of absence must be confirmed in writing. An approved leave of absence will not be extended beyond the date of the initial written request without further written approval.
D. An employee who has been granted a leave of absence shall give two weeks notice of intent to return to work and the City shall be under no obligation to reemploy him/her before the expiration of the approved return to work date. Failure to notify the City two weeks in advance may result in a delay of reinstatement of up to two weeks.
E. A leave of absence for up to 30 calendar days may be approved by the Fire Chief. A leave of absence over 30 calendar days must be approved by the City Manager.
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ARTICLE 36 – EFFECT OF UNPAID LEAVE OF ABSENCE ON EMPLOYEE BENEFITS
36.1 Time spent on unpaid leave of absence, except a mandatory military leave of absence, will not be counted as time employed or in determining an employee’s eligibility for benefits that accrue based on length of employment.
36.2 An employee on unpaid leave of absence for one full pay period or longer, which includes the first day of a month is not entitled to the flexible benefit allowance. The City will pay the health insurance benefit only for the first month following the start of the leave of absence, providing the employee prepay the balance of the premium.
36.3 An employee on unpaid leave of absence may have his/her health and dental benefits continue, providing the employee prepay monthly in full the amount of premium necessary to maintain such benefits.
36.4 While on unpaid leave of absence, an employee shall not accrue or be paid for any holiday, annual or sick leave that he/she may have otherwise accumulated.
ARTICLE 37 – REINSTATEMENT TO POSITION FOLLOWING UNPAID LEAVE OF ABSENCE
37.1 The City will make every effort to reinstate an employee to the same position he/she previously occupied or to a similar position following an unpaid leave of absence.
If the City cannot guarantee that the same or a similar position will be immediately available at the time an employee desires to return to work, the employee shall be notified in advance of taking an unpaid leave of absence.
37.2 All personnel on an unpaid leave of absence of over 60 calendar days must have a routine physical examination, at his/her expense, prior to returning to work. Such employees must produce a signed copy of the Physician’s Release of Ill or Injured Worker.
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ARTICLE 38 – EMPLOYEE ACCESS TO PERSONNEL RECORDS
38.1 A employee shall not have any comment adverse to his or her interest entered in his or her personnel file, or any other file used for any personnel purposes by his or her City, without the employee having first read and signed the instrument containing the adverse comment indicating he or she is aware of the comment. However, the entry may be made if after reading the instrument the employee refuses to sign it. That fact shall be noted on that document, and signed or initialed by the employee.
38.2 A employee shall have 30 days within which to file a written response to any adverse comment entered in his or her personnel file. The written response shall be attached to, and shall accompany, the adverse comment.
38.3 Personnel Files shall be available to a employee under the following conditions:
A. The City shall, at reasonable times and at reasonable intervals, upon the request of an employee, during usual business hours, with no loss of compensation to the employee, permit that employee to inspect personnel files that are used or have been used to determine that employee's qualifications for employment, promotion, additional compensation, or termination or other disciplinary action.
B. The City shall keep each employee's personnel file or a true and correct copy thereof, and shall make the file or copy thereof available within a reasonable period of time after a request by the employee.
C. If, after examination of the employee's personnel file, the employee believes that any portion of the material is mistakenly or unlawfully placed in the file, the employee may request, in writing, that the mistaken or unlawful portion be corrected or deleted. Any request made pursuant to this subdivision shall include a statement by the employee describing the corrections or deletions from the personnel file requested and the reasons supporting those corrections or deletions. A statement submitted pursuant to this subdivision shall become part of the personnel file of the employee.
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D. Within 30 calendar days of receipt of a request made pursuant to subdivision (c), the City shall either grant the employee's request or notify the officer of the decision to refuse to grant the request. If the City refuses to grant the request, in whole or in part, the City shall state in writing the reasons for refusing the request, and that written statement shall become part of the personnel file of the employee.
38.4 It shall be understood that all such materials shall be available for use in promotional considerations; however, no material shall be considered after three years from the date of occurrence.
38.5 In addition to all adverse action documents placed in an employee’s file, all corrective measures taken to assist an employee with rehabilitation and/or to improve poor job performance shall be documented and placed in the employee’s personnel file. It is the intent of this measure to show an employee’s effort to correct any unacceptable job performance and/or behavior problems. It is the employee’s responsibility to provide documentation of corrective measures taken outside of City direction or knowledge.
ARTICLE 39 – GRIEVANCE PROCEDURE
39.1 Applicability of Article. To the extent that the Firefighters Procedural Bill of Rights Act (Government Code Section 3250 et. seq., as amended, “FPBORA”) is applicable to the imposition of discipline of covered firefighters under this agreement, the remaining sections of this Article shall be applicable to the imposition of discipline. As to all other matters, Resolution Number 1723 shall be applicable to grievances and discipline not covered by the Firefighters Procedural Bill of Rights. Nothing herein is intended to limit the rights afforded to employees under FPBORA. An employee is not required to utilize and/or exhaust the grievance process when seeking to exercise the rights and protections afforded by FPBORA.
39.2. Definitions applicable to Article 39. For purposes of this Article, the following definitions apply:
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A. "Firefighter" means any firefighter employed by a public agency, including, but not limited to, any firefighter who is a paramedic or emergency medical technician, irrespective of rank. Sections 39.2 – 39.6, inclusive, do not apply to any employee unless they have successfully completed the probationary period established by his or her City as a condition of employment. If the City has decided to initiate a formal investigation of an employee who has not completed his or her initial probationary period, the probationary employee shall be considered a “firefighter”, of the purposes of this Article and this Article shall apply to the conduct of the formal investigation. No provision of this Article shall be applicable to review procedures normally associated with an employee’s initial probationary period.
B. "Punitive action" means any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.
39.3 Investigation Procedures. The Fire Fighter Procedural Bill of Rights (FPBORA) will be adhered to when conducting any and all investigations that could lead to punitive action.
39.4 Punitive Action – Procedures.
A. A firefighter shall not be subjected to punitive action, or denied promotion, or be threatened with that treatment, because of the lawful exercise of the rights granted under this Article, FPBORA, or the exercise of any rights under any existing administrative grievance procedure.
B. Punitive action or denial of promotion on grounds other than merit shall not be undertaken by the City against any firefighter who has successfully completed the probationary period without providing the firefighter with an opportunity for administrative appeal.
C. Punitive action or denial of promotion on grounds other than merit shall not be undertaken for any act, omission, or other allegation of misconduct
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if the investigation of the allegation is not completed within one year of discovery by the City. This one-year limitation period shall apply only if the discovery of the act, omission, or other misconduct occurred on or after January 1, 2008. If the employing department or licensing or certifying agency determines that discipline may be taken, it shall complete its investigation and notify the firefighter of its proposed disciplinary action within that year, except in any of the following circumstances:
1. If the firefighter voluntarily waives the one-year time period in writing, the time period shall be tolled for the period of time specified in the written waiver.
2. If the act, omission, or other allegation of misconduct is also the subject of a criminal investigation or criminal prosecution, the time during which the criminal investigation or criminal prosecution is pending shall toll the one-year time period.
3. If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies.
4. f the investigation involves an employee who is incapacitated or otherwise unavailable.
5. If the investigation involves a matter in civil litigation where the firefighter is named as a party defendant, the one-year time period shall be tolled while that civil action is pending.
6. If the investigation involves a matter in criminal litigation in which the complainant is a criminal defendant, the one-year time period shall be tolled during the period of that defendant's criminal investigation and prosecution.
7. If the investigation involves an allegation of workers' compensation fraud on the part of the firefighter.
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D. If a predisciplinary response or grievance procedure is required or utilized, the time for that response or procedure shall not be governed or limited by this provision.
E. If, after investigation and any predisciplinary response or procedure, the City decides to impose discipline, that agency shall notify the firefighter in writing of its decision to impose discipline within 30 days of its decision, but not less than 48 hours prior to imposing the discipline.
F. Notwithstanding the one-year time period specified in subdivision (d), an investigation may be reopened against a firefighter if both of the following circumstances exist:
1. Significant new evidence has been discovered that is likely to affect the outcome of the investigation.
2. One of the following conditions exists:
a) The evidence could not reasonably have been discovered in the normal course of investigation without resorting to extraordinary measures by the agency.
b) The evidence resulted from the firefighter's predisciplinary response or procedure.
39.5 Administrative Appeal Rights. An administrative appeal instituted by a firefighter under this Article or the FPBORA shall be conducted in conformance with rules and procedures adopted by the employing department or licensing or certifying agency that are in accordance with California Government Code Section 11500 et. seq. (Chapter 5 of Part 1 of Division 3 of Title 2).
39.6 Performance of Official Duties. The rights and protections described in this chapter shall only apply to a firefighter during events and circumstances involving the performance of his or her official duties.
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39.7 Except as set forth above, Resolution 1723 shall set forth the Grievance Procedure. This, or subsequent revisions, shall be applicable to all covered employees subject to this Memorandum of Understanding.
ARTICLE 40 – UNION BUSINESS
40.1 Employees, on a voluntary basis, may donate hours of annual leave, to provide time for their officers to conduct Local 2728 business.
40.2 Employees shall notify the Finance Department in writing of the amount of hours to be donated to the Local 2728 time bank. Once donated, all time remains in the bank. The City shall convert all hours donated into a monetary amount equal to the donating employee’s hourly rate times the hours donated. The monetary amount necessary to cover the absence of a Local 2728 officer using the Local 2728 time bank would then be subtracted from the time bank as the time is approved and used. Only officers of the Local 2728, upon written request approved by the Local 2728 president and one other Local 2728 officer could draw time from this bank.
40.3 The Finance Director shall be responsible to maintain the Local 2728 time bank. The Local 2728 president shall notify the Finance Director regarding use of the Local 2728 time bank by any Local 2728 officer.
ARTICLE 41 - DISCRIMINATION
41.1 The City of Lemon Grove and the Lemon Grove Firefighters’ Local 2728 shall not discriminate against any employee per Lemon Grove Personnel Policies Manual.
41.2 The City and Local 2728 shall reopen any provision of this Agreement for complying with any final order of a federal or state agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this Agreement in compliance with state or federal anti-discrimination laws.
ARTICLE 42 – PROVISIONS OF LAW
42.1 This Agreement is subject to all current and future applicable federal, state, and local laws and regulations of the City. If any part or provision of this Agreement is in conflict or inconsistent with such applicable federal, state, or local laws and
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regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction such a part or provision shall be suspended and superseded by such applicable law or regulation, and the remainder of the Agreement shall not be affected thereby.
42.2 If any Article, part or provision of this Agreement will operate to withhold or prohibit the receipt of any state or federal funds, such Article, part or provision shall be suspended to the extent that the Article, part or provision operates to withhold or prohibit the receipt of such funds. In such instance, the City and Local 2728 will immediately meet and confer to discuss alternative proposals submitted by either party.
42.3 Should either the federal or state government or both, enact any mandatory wage and/or benefit freeze which would void, suspend or alter any part or provision of this Agreement, the City and Local 2728 agree that at such time as the provision of the wage and/or benefit freeze is lifted, the affected provision of this Agreement shall be restored as originally agreed upon, retroactively to the date of suspension or alteration insofar as allowable by law. Alternatively, should the parties mutually agree, they may jointly elect to renegotiate any provision voided, suspended or altered by such wage and/or benefit freeze.
ARTICLE 43 – RENEGOTIATION
43.1 In the event Local 2728 desires to meet and confer in good faith on the provisions of a successor Agreement, it shall serve upon the City its written request to commence meeting and conferring in good faith for such successor Agreement. Negotiations shall begin at a time mutually agreeable to the parties.
43.2 The City and Local 2728 agree to open negotiations for the next contract on or about March 1, 2023.
ARTICLE 44 – IMPASSE PROCEDURES
44.1 Either party may initiate impasse procedures pursuant to Lemon Grove Municipal Code section 2.32.130.
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44.2 Nothing in this Article shall prohibit a more expeditious resolution of the impasse if such resolution is mutually agreed by both of the parties.
ARTICLE 45 – LODGING DURING EMERGENCY INCIDENTS
45.1 Whenever an employee is assigned to an out-of-the-City emergency incident for more than 24 hours and remains assigned to the incident, a motel room shall be provided for rest periods by the responsible agency whenever logistically feasible and provided for others assigned to that incident.
ARTICLE 46 – EMERGENCY INCIDENT COMPENSATION
46.1 Suppression staff covered under this MOU shall be compensated at 1.5 times at the regular rate of hours in excess of the normal work schedule when assigned to support emergency incidents. Compensatory time shall include the entire time of commitment, beginning at the time of initial dispatch from home base to the time of return to home base upon completion of assignment.
46.2 Battalion Chiefs and/or other staff on a scheduled 40-hour work week shall be compensated at 1.5 times at the regular rate of hours in excess of the normal work schedule when assigned to support emergency incidents. Compensatory time shall include the entire time of commitment, beginning at the time of initial dispatch from home base to the time of return to home base upon completion of assignment.
ARTICLE 47 – BATTALION CHIEF 9/80 SCHEDULE ACCURALS
47.1 Battalion Chiefs working a 9/80 Administrative schedule (if changed from suppression) shall have their sick leave and vacation banks converted to a 9/80 schedule. This is calculated by dividing 40 by 56.
47.2 In lieu of 144 holiday hours the Battalion Chief will observe the holiday scheduled layed out in the Personnel Manual and will receive a floating holiday in the same manner as other 9/80 fire staff.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their authorized officers thereof on this 6th day of August, 2019.
CITY OF LEMON GROVE LEMON GROVE FIREFIGHTERS ASSOCIATION
______Lydia Romero, City Manager Brad Maxfield, President
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