Ordinance No. 2022-1212
permitted to continue shall constitute a separate offense and shall be punishable as such.
A. Any person violating this chapter shall be deemed guilty of a misdemeanor and have a mandatory court appearance, and upon conviction thereof shall be punished as provided in Chapter 1.12 of this code. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
Section 5: Section 9.32.060 of the Imperial Beach Municipal Code is hereby amended to read as follows (underline indicates new language and strikethrough indicates deleted language):
A. Civic functions such as, but not limited to, parades, band concerts, athletic contests and other public gatherings may be exempt from the provisions of this chapter upon receiving a special event permit issued by the City in accordance with Section 12.33.020 of this code and any current City regulations for special events. from the City Manager in accordance with the provisions of this section.
B. Any person or organization desiring to obtain an exemption from the provisions of this chapter shall obtain a special event permit issued by the City in accordance with Section
12.33.020 of this code and any current City regulations for special events. shall make a written application to the City Manager 15 days prior to the proposed conduct of the activity requiring such exemption. The application shall contain a detailed description of the proposed activity including, but not limited to, the name and address of the sponsoring person or organization, the name and address of the person responsible for conducting the activity, the location of the activity, and the number of persons expected to attend the activity. Upon receiving an application, the City Manager shall conduct an investigation and either grant or deny the application within five business days of receiving the application. The City Manager may grant a permit for a single event or for a schedule of events. If the City Manager denies an application, such denial shall be in writing stating the reasons for the denial. In the event the City Manager denies an application, the applicant may, by way of a written communication to the City Council, request that the City Council consider the matter at the next regularly scheduled meeting of the City Council. The City Council may hear the matter and either grant or deny the application. The decision of the City Council shall be final.
Section 6: Section 12.56.020.F. of the Imperial Beach Municipal Code is hereby amended to read as follows (underline indicates new language and strikethrough indicates deleted language):
F. Set up, maintain or give any exhibition, show, performance, lecture, concert, organized speech or funeral service, place or games of amusement (i.e. dunk tanks, air inflated astrojumps houses, pony rides, etc.) or concert hall without written consent of the City Manager or designee or the issuance of a permit therefore first qualifying for, receiving approval for, and obtaining a special event permit issued by the City in accordance with Section 12.33.020 of this code and any current City regulations for special events; Section 7: Section 12.33.010.A. of the Imperial Beach Municipal Code is hereby amended to read as follows (underline indicates new language and strikethrough indicates deleted language):
Ordinance No. 2022-1212
A. A special event is defined as any organized activity to which the general public is invited onto public property which results in or requires any modification to traffic flow patterns or parking regulations, or where the expected attendance exceeds 25 people per day, or where any amplified sound or musical instruments will be used as specified in Section 9.32.020 of this code. Examples of special events include, but are not limited to, the following:
Amusement attractions
Assemblages of persons
Athletic events
Biathlons or triathlons
Bicycle races
Block parties
Carnivals
Circuses
Concerts
Conferences
Exhibitions
Exhibits
Fairs
Fireworks displays
Fundraising events
Parades
Public dances
Running events of any distance
Sidewalk sales
Surfing meets or contests
Walkathons
Section 8. This Ordinance shall become effective thirty (30) days following its passage and adoption.
Section 9. The City Council of the City of Imperial Beach hereby declares that should any section, paragraph, sentence, phrase, term or word of this Ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this Ordinance irrespective of any such portion declared invalid.
Ordinance No. 2022-1212
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Imperial Beach, held on the 16th day of March 2022; and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Imperial Beach, California, held on the 6th day of April 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
NONE
SERGE DEDINA, MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
APPROVED AS TO FORM:
JENNIFER LYON
CITY ATTORNEY
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March 16, 2022
ITEM TITLE: THE SALTY FROG (APPLICANT); CONSIDERATION OF CONDITIONAL USE PERMIT (CUP-22-0005), REGULAR COASTAL PERMIT (CP-22-0007), AND CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES SECTION 15301 CLASS (EXISTING
FACILITIES) FOR A COCKTAIL BAR WITH LIVE ENTERTAINM
ORIGINATING DEPARTMENT:
Community Development
EXECUTIVE SUMMARY:
The tenant of a property at 992 Palm Avenue, which is located in the C/MU-1 (General Commercial & Mixed-Use) Zone, proposes the operation of a cocktail bar with live entertainment in an existing commercial building, where the previous use was a cocktail bar with live entertainment. Pursuant to Imperial Beach Municipal code (IBMC) Section 19.23.010, Land Use Table, cocktail bars with live entertainment may be permitted in the C/MU-1 Zone with the issuance of a conditional use permit and compliance with specific location requirements. No significant alterations to the building or property are proposed.
RECOMMENDATION:
That the City Council adopt Resolution 2022-17, approving Conditional Use Permit (CUP-22- 0005), Regular Coastal Permit (CP-22-0007), and Categorical Exemption pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities), allowing the operation of a cocktail bar with live entertainment at 992 Palm Ave. (APN 626-221-11-00), which is located in the C/MU-1 (General Commercial and Mixed-Use) Zone.
OPTIONS:
Adopt Resolution 2022-77 approving the project; or
Approve the project with modifications requested by the City Council; or Disapprove the project and deny the requested permits by making specific findings for denial; or
Continue the Public Hearing to a specific future meeting to allow staff to provide additional information upon which is a decision can be rendered.
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BACKGROUND/ANALYSIS:
An application (USE22-0068) was
submitted to the City
of Imperial on
February 22, 2022, for
a Conditional Use
Permit (CUP-22-
0005) and Regular
Coastal Permit (CP22-0007) for a cocktail
bar with live
entertainment in an
existing commercial
building at 992 Palm
Avenue (APN-626-
221-11-00), which is
located in the C/MU-1 (General Commercial and Mixed-Use) Zone. The previous use for this commercial space was a cocktail bar with live entertainment, though past authorizations have since expired. The business would locate within an existing commercial building on a 3,220 square foot parcel on the north side of Palm Avenue between Emory Street and 10th Street. The existing commercial building has four retail spaces which include accounting services, a printing shop, and a retail food shop. The businesses share approximately ten parking spaces, which includes one ADA space.
Land Use
The applicant is proposing a cocktail bar with live entertainment that would offer the sale, service, and consumption of alcoholic beverages from 12:00 pm to 1:30 am each day of the week. Live entertainment is proposed from 12:00 pm to 10:00 pm Sunday through Thursday and 12:00 pm to 12:00 am Friday and Saturday. A cocktail bar and stage for live entertainment would locate in the main room. A back room would function as a lounge area with a pool table and shuffleboard table. Televisions would locate throughout the building for sporting events and movies, and the business would offer a venue for professional musicians, artists, comedy, karaoke, trivia, and other similar uses. The previous use for this commercial space was a cocktail bar with live entertainment, though past authorizations have since expired.
Compatibility with Surrounding Uses
The property is located in the C/MU-1 (General Commercial and Mixed-Use) Zone, and the surrounding properties to the north, south, east, and west are located in the same commercial zone and are primarily commercial in character. Pursuant to Imperial Beach Municipal Code (IBMC) Section 19.23.010, Land Use Table, cocktail bars with live entertainment may be permitted in the C/MU-1 Zone with the issuance of a conditional use permit and compliance with specific location requirements. As specified in Imperial Beach Municipal Code 19.62.030, cocktail bars should not be less than two hundred feet from a residential zone or from an existing residential building and not less than three hundred feet from a religious assembly or public school, playground, or park. However, the existing commercial building is located within two hundred feet from residential buildings, religious assemblies, and is in close proximity to two similar establishments.
Figure 1 shows that the existing establishment is not located within two hundred feet from a residential zone; Figure 2 shows that the existing establishment is located within two hundred feet
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from residential buildings; Figure 3 shows that the existing establishment is located within three hundred feet of a religious assembly.
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The applicant proposes neighborhood compatibility by mitigating noise impacts by controlling the sound so that it would not be audible beyond the building walls and all doors would remain closed during live performances. In addition, lighting would be confined within the building, no loitering would be permitted around the premises, and security would be present during hours of operation.
Any noise complaints would be investigated and resolved to the City’s satisfaction and no adult entertainment would be permitted at any time. The business would participate in the Responsible Retailer Program operated by the San Diego County Sheriff, and the phone number for the business manager would be posted on the exterior of the building.
General Plan Consistency:
The project is located in the C/MU-1 (General Commercial & Mixed Use) Zone. The purpose of the C/MU-1 Zone is to provide land to meet the local demand for commercial goods and services required primarily by the community. It is intended that the dominant type of commercial activity in the C/MU-1 Zone will be community and neighborhood serving retail and office uses such as retail stores and offices. The proposed project would provide the operation of a cocktail lounge with live entertainment, and may meet the intent of the land use designation with authorization of a conditional use permit.
Typically, a Design Review Case (DRC) and Site Plan Review (SPR) would be necessary for any proposed use requiring the approval of a conditional use permit. The intent of these permit reviews is to ensure orderly development, promote and enhance good site design, and to determine whether the site design would be detrimental or injurious to the neighborhood, value or property, improvements of the neighborhood or city in general. The project, however, proposes no significant land use intensity or alterations to the existing building or property beyond what has previously existed. As such, the applicant has requested a waiver for a Design Review Case and
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Site Plan Review. The City Council may determine that a DRC and SPR are not required since no significant alterations to the building or property are proposed. However, if found necessary, the City Council may request that a DRC and SPR be required subject to IBMC 19.83.020(A) and IBMC 19.26.020(C). The project would then require review by the Design Review Board and return to the City Council at a future date so that findings for both a Design Review Case and Site Plan Review may be made.
Surrounding Land Use and Zoning
Surrounding Areas Surrounding Zoning Surrounding Land Use North C/MU-1 (General Comm. & Mixed-Use) Commercial
South C/MU-1 (General Comm. & Mixed-Use) Commercial
East C/MU-1 (General Comm. & Mixed-Use) Commercial
West C/MU-1 (General Comm. & Mixed-Use) Commercial
ENVIRONMENTAL DETERMINATION:
This project may be categorically exempted from the requirements of the California Environmental Quality Act (CEQA) as a Class 1 project pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities).
COASTAL JURISDICTION:
This project is located in the coastal zone as defined by the California Coastal Act of 1976. The City Council public hearing will serve as the required coastal permit hearing and the City Council will consider the findings under the California Coastal Act. Pursuant to the City of Imperial Beach Zoning Ordinance Section 19.87.050, review of the proposal will consider whether the proposed development satisfies the required findings prior to the approval and issuance of a Coastal Development Permit. The project is not located in the Appeal Jurisdiction of the California Coastal Commission as indicated on the Local Coastal Program Post Certification and Appeal Jurisdiction Map and, as such, is not appealable to the California Coastal Commission under Section 30603(a) of the California Public Resources Code.
FISCAL IMPACT:
The Applicant has deposited $2,000.00 to fund processing of the application.
ATTACHMENTS:
1. Resolution 2022-17
Attachment 1
RESOLUTION NO. 2022-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP 22-0005); REGULAR COASTAL PERMIT (CP-22-0007); AND CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES SECTIONS 15301 CLASS 1 (EXISTING FACILITIES) FOR A COCKTAIL BAR WITH LIVE ENTERTAINMENT AT 992 PALM AVE (APN 626-221-11-00) IN THE C/MU-1 (GENERAL COMMERCIAL & MIXED-USE) ZONE. USE-22-0068.
APPLICANT: LAYNE BEAUBIEN; OWNERS: GARY TRIESCHMAN
WHEREAS, on March 16, 2022 the City Council of the City of Imperial Beach held a duly advertised and noticed public hearing to consider the merits of approving or denying an application for Conditional Use Permit (CUP-22-0005), Regular Coastal Permit (CP-22-0007), and Categorical Exemption pursuant to CEQA Guidelines Sections 15301 Class 1 (Existing Facilities) for a cocktail bar with live entertainment establishment in an existing commercial building, where the previous use was a cocktail bar with live entertainment, located at 992 Palm Avenue in the C/MU-1 (General Commercial and Mixed-Use) Zone.
WHEREAS, it is intended that the dominant type of commercial activity in the C/MU-1 Zone will be community and neighborhood serving retail and office uses (IBMC Section
19.26.010); and
WHEREAS, cocktail bars with live entertainment establishments may be permitted in the C/MU-1 Zone with the issuance of a conditional use permit and compliance with specific location requirements; and
WHEREAS, the City Council finds that the project site is existing and the proposed business would not change the intensity of use; and,
WHEREAS, the City Council finds that the project is in compliance with the Land Use Element of the General Plan; and,
WHEREAS, the City Council finds that the project complies with the requirements of the California Environmental Quality (CEQA) as the project is categorically exempt pursuant to CEQA Guidelines Sections 15301 Class 1 (Existing Facilities); and, WHEREAS, the City Council further offers the following findings in support of its decision to conditionally approve the project:
CONDITIONAL USE PERMIT (IBMC § 19.82.040):
1. The proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or community.
The proposed use would establish a cocktail bar with live entertainment business in the C/MU-1 (General Commercial & Mixed-Use) Zone, where retail and office spaces are typical. Applicable conditions of approval and have been included with the Resolution to further ensure compatibility with the vicinity.
Resolution No. 2022-17
Attachment 1
2. The proposed use will not, under the circumstances of the particular use, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity.
The proposed use will not be detrimental to the public, as there will be no hazardous materials, fumes, or operations at the facility, nor will there be any noxious, loud noises, or excessive traffic generated at the site. The proposed use is compatible with other uses in the neighborhood and would function in a similar manner as other nearby uses.
Applicable conditions of approval and have been included with the Resolution to further ensure compatibility with the vicinity. The use would not be injurious to the value of the property and improvements in the neighborhood because it is noted as a use that may be permitted with a conditional use permit on the City’s land use table.
3. The proposed use will comply with the regulations and conditions specified in this title for such use and for other permitted uses in the same zone.
The project proposes no significant alternations to the building or property and the location complies with the specific location requirements in Imperial Beach Municipal Code (IBMC)
19.62.030. Specifically, the project is not located within two hundred feet from a residential zone. The existing establishment is located within two hundred feet from residential buildings and three hundred feet from a religious assembly. However, the proposed use should not impact nearby residential buildings and the religious assembly building because mitigating factors related to noise, lighting, and security would be implemented to enhance neighborhood compatibility. As such, the proposed use is compatible with other uses in the neighborhood and would function in similar manner as other nearby uses.
4. The granting of such conditional use will be in harmony with the purpose and intent of this code, the adopted general plan and the adopted local coastal program.
Pursuant to Imperial Beach Municipal Code (IBMC) Section 19.23.010, Land Use Table, cocktail bars with live entertainment establishments may be permitted in the C/MU-1 Zone with the issuance of a conditional use permit and compliance with specific location requirements. No significant alterations to the building or property are proposed. The purpose of the C/MU-1 zone is to provide land to meet the local demand for commercial goods and services required primarily by the community. It is intended that the dominant type of commercial activity in the C/MU-1 Zone will be community and neighborhood serving retail and office uses such as retail stores and offices. The proposed project may be permitted with a conditional use permit and consideration of the issuance criteria pursuant to IBMC 19.62.030. The issuance criteria were considered and the conditions of approval have been included in this Resolution to ensure compatibility with the neighborhood.
REGULAR COASTAL PERMIT (IBMC § 19.87.050):
1. The proposed development conforms to the certified local coastal plan including coastal land use policies.
The General Plan/Local Coastal Plan designates the site as General Commercial and Mixed Use (C/MU-1) Zone. The purpose of the C/MU-1 Zone is to provide areas for mixeduse development, multiple-family dwellings, and for businesses to meet the local demand for commercial goods and services. It is intended that the dominant type of commercial activity in the C/MU-1 zone will be community and neighborhood serving retail and office uses (IBMC Section 19.26.010). The proposed project would provide the operation of a
Resolution No. 2022-17
Attachment 1
cocktail lounge with live entertainment establishment. The proposed use may be permitted with a conditional use permit, thus conforming with the certified local coastal plan, and would have no impact to existing shore processes, public access, coastal views, or scenic views because the use would occupy and existing commercial building that already complies with the Municipal Code, does not exceed the height limit, and is not built in any areas with street end or other views. The project proposes no significant alterations to the building or property. The project site is located in a non-appealable coastal zone and complies with the land use designation of the General Plan/Local Coastal Plan.
2. For all development seaward of the nearest public highway to the shoreline, the proposed development meets standards for public access and recreation of Chapter Three of the 1976 Coastal Act and regulations promulgated thereunder.
The project site is not located between the seaward of the first public road. The General Plan/Local Coastal Program designates the site as General Commercial & Mixed-Use (C/MU-1 Zone). The purpose of the C/MU-1 zone is to provide areas for mixed-use development, multiple-family dwellings, and for businesses to meet the local demand for commercial goods and services. It is intended that the dominant type of commercial activity in the C/MU-1 zone will be community and neighborhood serving retail and office uses (IBMC Section 19.26.010). The proposed use would locate in an existing singlestory commercial building that meets the purpose and intent of the land use designation because the proposed business meets the local demand for commercial goods and services. As such, the proposed development meets standards for public access and recreation of Chapter Three of the 1976 Coastal Act and regulations promulgated thereunder.
3. The proposed development meets the minimum criteria set forth in the City of Imperial Beach Zoning Ordinance, the City’s Minimum Landscape Planting and Irrigation Standards, and the City’s Design Guidelines, as applicable.
The project would establish a cocktail bar with live entertainment establishment within an existing building with no proposed expansions or commercial intensity. The original building was designed to meet the minimum criteria set forth in the City of Imperial Beach Zoning Ordinance, City’s Minimum Landscape Planting and Irrigation Standards, and the City’s Design Guidelines at the time of construction.
4. The proposed development meets minimum criteria set forth in Sections 19.81.060,
19.82.050., 19.83.120., 19.84.050., and 19.86.100., of this title for site plans, conditional use permits, design review, variances, zoning classification and rezonings.
The proposed development meets the minimum criteria set forth in the applicable Municipal Code Sections for conditional use permits. Typically, a Design Review Case and Site Plan Review would be necessary for any proposed use requiring the approval of a conditional use permit. The intent of these permit reviews is to ensure orderly development, promote and enhance good site design, and to determine whether the site design would be detrimental or injurious to the neighborhood, value or property, improvements of the neighborhood or city in general. The project, however, proposes no significant land use intensity or alterations to the existing building or property. As such, the applicant has requested a waiver for a Design Review Case and Site Plan Review and the City Council has determined that a DRC and SPR are not required since no significant alterations to the building or property are proposed. A variance and zoning classification/rezoning is not required for the project.
Resolution No. 2022-17
Attachment 1
5. For all development involving the construction of a shoreline protective device, a mitigation fee shall be collected which shall be used for each sand replenishment purposes. The mitigation fee shall be deposited in an interest-bearing account designated by the Executive Director of the California Coastal Commission and the city manager of Imperial Beach in lieu of providing sand to replace the sand a beach area that would be lost due to the impacts of any proposed protective structure.
The subject site is not located near an area that would require shoreline protection. As such, the proposed project does not necessitate the construction of a shoreline protection device and would not have an impact on the sand in any beach area. Therefore, a mitigation fee is not required for the project.
6. This project complies with the California Environmental Quality Act.
This project is categorically exempted from the requirements of the California Environmental Quality Act (CEQA) as a Class 1 project pursuant to CEQA Guidelines Section 15301 (Existing Facilities) The City has prepared a Categorical Exemption per the CEQA requirements for this project and the Notice of Exemption will be filed with the County Clerk in compliance with CEQA.
7. Public Notice requirements, pursuant to Zoning Ordinance Section 19.87.090, of the Coastal Development Project have been satisfied.
The project description and the date of the City Council public hearing were sent to property owners within 300 feet and occupants within 100 feet of the subject site on March 1, 2022, and a public hearing notice was published in the South County Eagle & Times newspaper on March 3, 2022.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach that the above-listed findings and recitals are true and correct and are incorporated by reference; and
BE IT FURTHER RESOLVED by the City Council of the City of Imperial Beach that Conditional Use Permit (CUP-22-0005), Regular Coastal Permit (CP-22-0007), and Categorical Exemption pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities), allowing for a palm reading/fortune telling establishment at 934 Palm Ave. (APN 626-221-11-00) are hereby approved subject to the following:
CONDITIONS OF APPROVAL:
1. Approval of Conditional Use Permit (CUP-22-0005), Regular Coastal Permit (CP-22- 0007), and Categorical Exemption pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities), is valid for one year from the effective date following final action by the City Council (10 working days following final action) and shall expire at the end of business on March 16, 2023, unless vested with substantial construction pursuant to an approved building permit. Approvals of the Conditional Use Permit (CUP-22-0005), Regular Coastal Permit (CP-22-0007), and Categorical Exemption pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities) shall run coterminous.
2. The proposed use shall be in substantial compliance with the application received on February 22, 2022, on file at the Community Development Department, or as otherwise amended and approved, and the conditions contained herein.
3. A property manager or equivalent representative must ensure maintenance of the property and all operations, and publicly facing signage shall be placed on the building noting the
Resolution No. 2022-17
Attachment 1
relevant contact information for property management. Management must be available to respond to any issues related to operation of the building and any use thereof. If a manager is needed and not available, live entertainment may be suspended.
4. The sale, service, and consumption of alcoholic beverages shall only take place from 12:00 pm to 1:30 am each day of the week. Live entertainment shall only take place from 12:00 pm to 10:00 pm Sunday through Thursday and 12:00 pm to 12:00 am Friday and Saturday. Hours and operation will be subject to review and modification by the Community Development Department, Public Safety Department, and City Council as necessary.
5. The business must participate in the Responsible Retailer Program. As part of the Responsible Retailer Program, the establishment shall: (1) Know and comply with the law; (2) Have written policies to prevent sales to underage and intoxicated persons; (3) Train employees in responsible sales and service to include attending LEAD (Licensee Education on Alcohol and Drugs) classes or RBSS (Responsible Beverage Sales and Service) Training (or equivalent); (4) Actively participate in your establishment inspections by Sheriff's and Alcoholic Beverage Control (ABC) personnel; (5) Support alcohol policies and ensure they are put into practice.
6. Noise must not be audible or perceptible beyond the walls of the building. All noise (i.e., TV speakers, speakers, low frequency vibrations, amplification, events, or otherwise) must be minimized to the maximum extent practicable so as to not negatively impact the neighborhood. Any speakers and other amplification shall be directed away from any residential and religious assembly uses. If any noise complaints are received for uses at the property, the applicant shall investigate said complaint and mitigate any issues to the satisfaction of the City. The project must also meet Imperial Beach Municipal Code noise requirements (Imperial Beach Municipal Code 9.32 – Noise) at all times.
7. All doors must remain closed during live performances.
8. Lighting shall not have a negative effect on the existing neighborhood. All lighting shall be situated and adjusted to shine only on the subject property, or upon authorized pedestrian areas to enhance walkability. If the property receives perceptible complaints related to lighting, the applicant shall investigate said complaint and mitigate any issues (adjustment, shades, removal of light, etc.) to the satisfaction of the City.
9. Security must be present during all hours of operation to regulate any laws and conditions or approval.
10. Business must not exceed building occupancy load. Occupancy load must be posted at a prominent location within the building.
11. Emergency exits and exit lighting must be installed and maintained in good working condition.
12. In addition to all local requirements, the business must always comply with any requirements from the Alcoholic Beverage Control.
13. If reasonable necessity warrants, the conditions of this permit may be reviewed by the Community Development Director, who will suggest proposed revisions with a reasonable cure period dependent on the necessary modifications. The applicant may appeal any decisions by the Community Development Director to the City Manager, who will have final administrative decision-making authority.
Resolution No. 2022-17
Attachment 1
14. This project is subject to all Municipal Codes, Model Codes, State Codes and City Ordinances adopted by the City of Imperial Beach.
15. Per Imperial Beach Municipal Code Section 19.52.050, signage shall not exceed one square foot of signage per one lineal foot of wall face.
16. Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney’s fees and costs incurred by the City and any claim for private attorney general fees and costs claimed by or awarded to any party against the City or its agents officers or employees against the City or its agents, officers, or employees, relating to the approval of the project (USE-22-0068) including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision (including the Conditional Use Permit (CUP-22-0005), Regular Coastal Permit (CP-22-0007), and CEQA Categorical Exemption), including any claims for violation of the Public Records Act or discovery law arising from and with respect to litigation involving these approvals (collectively “Development Approvals”). The City will promptly notify applicant of any claim, action or proceeding concerning the Development Approvals. (“Notification of Claim”). The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney’s fees and costs. In the event of such election applicant shall pay all of the costs related thereto including without limitation attorney’s fees and costs incurred by the City. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is first approved by applicant. The Developer or Developer’s representative shall read, understand, and accept the conditions listed herein and shall, within 30 days, return the signed Affidavit accepting said conditions.
17. The Owner shall read, understand, and accept the conditions listed herein and shall, within 30 days, return the signed Affidavit accepting said conditions.
18. The Applicant and/or Owner shall pay off any deficits in his project account (USE-22-0068) prior to building permit issuance and prior to final inspection.
Appeal Process under the California Code of Civil Procedure (CCP): The time within which judicial review of a City Council decision must be sought is governed by Section 1094.6 of the CCP. A right to appeal a City Council decision is governed by CCP Section 1094.5 and Chapter
1.18 of the Imperial Beach Municipal Code.
PROTEST PROVISION: The 90-day period in which any party may file a protest, pursuant to Government Code Section 66020, of the fees, dedications or exactions imposed on this development project begins on the date of the final decision.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach as follows:
1. That the foregoing recitals are true and correct.
Resolution No. 2022-17
Attachment 1
2. That Conditional Use Permit (CUP-22-0005), Regular Coastal Permit (CP-22- 0005), and Categorical Exemption pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities) are approved for a palm reading/fortune telling use at 992 Palm Ave. (APN 626-221-11-00), subject to the conditions set forth in this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 16th day of March 2022, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
NONE
SERGE DEDINA, MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
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March 16, 2022
ITEM TITLE: INVESTMENT UPDATE PRESENTED BY CHANDLER ASSET MANAGEMENT ORIGINATING DEPARTMENT:
Finance
EXECUTIVE SUMMARY:
Chandler Asset Management provides investment management services for the City of Imperial Beach. As part of their services, they provide investment updates to the City Council. Chandler Asset Management will present information pertaining to the City’s financial holdings. The presentation will include an economic and financial update through February 28, 2022.
RECOMMENDATION:
Staff recommends the City Council receive and file the investment update report from Chandler Asset Management.
OPTIONS:
Receive and file the report
Provide direction to the City Manager to take a specific action Request additional information and an additional report BACKGROUND/ANALYSIS:
Chandler Asset Management provides investment management services for the City of Imperial Beach. As part of their services, they provide investment update reports to the City Council.
Chandler Asset Management will present information pertaining to the City’s financial holdings.
The presentation will include an update of general economic indicators as well as investment activities through February 28, 2022.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT: N/A
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March 16, 2022
ITEM TITLE: Consideration of Resolution 2022-19, an Agreement between the City of Imperial Beach and the San Diego County Sheriff’s Department for the Provision of Law Enforcement Services.
ORIGINATING DEPARTMENT:
City Manager
EXECUTIVE SUMMARY:
Resolution 2022-19 authorizes the City Manager to execute an agreement with the San Diego County Sheriff’s Department for the provision of law enforcement services for the City of Imperial Beach. If approved, the agreement would commence on July 1, 2022, and expire on June 30, 2027.
RECOMMENDATION:
Staff recommends adoption of Resolution 2022-19 authorizing the City Manager to execute an agreement between the City of Imperial Beach and the San Diego County Sheriff’s Department for the provision of law enforcement services.
OPTIONS:
Adoption of Resolution 2022-19 authorizing the City Manager to execute an agreement between the City of Imperial Beach and the San Diego County Sheriff’s Department for the provision of law enforcement services
Continuation of the item with direction provided to the City Manager Denial of Resolution 2022-19 with direction provided to the City Manager BACKGROUND/ANALYSIS:
The current five-year contract with the San Diego County Sheriff’s Department expires on June 30, 2022. Resolution 2022-19 authorizes the City Manager to execute a new five-year contract with the San Diego County Sheriff’s Department for the provision of law enforcement services for the City of Imperial Beach.
The contract for law enforcement services represents one of the largest expenditures by the City of Imperial Beach. In FY22, the estimated costs for law enforcement services from the San Diego County Sheriff’s Department is $8,060,300. The City has experienced a relatively high percentage increase (6%, 6%, 5.5%, 5% and 4.5%) in the contract with the Sheriff’s Department allowing thee Department to address unfunded liability pension issues and other necessary expenditures. The
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percentage increases in the new five-year agreement are significantly lower and more in line with the growth in the City’s revenue stream (1%, 1%, 3.5%, 3.5%, 3.5%). The new contract will allow the City to better contain the rapid growth in law enforcement expenses experienced in the previous contract.
At this time, staff does not anticipate any changes to the staffing levels at the Imperial Beach Substation. However, if the City Council determines that staffing changes are necessary, there are provisions in the agreement for that purpose.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT: The FY23 Municipal Budget anticipated a much higher percentage increase in the new contract with the San Diego Sheriff’s Department Contract. Therefore, no budget amendment will be necessary to execute the agreement.
ATTACHMENTS:
Resolution 2022-19
Exhibit A – Contract for Services with San Diego County Sheriff’s Department
Attachment 1
RESOLUTION NO. 2022-19
A RESOLUTION OF THE CITY COUNCIL OF IMPERIAL BEACH, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF IMPERIAL BEACH, THE COUNTY OF SAN DIEGO AND THE SAN DIEGO SHERIFF’S
DEPARTMENT TO PROVIDE PUBLIC SAFETY SERVICES IN THE CITY OF IMPERIAL BEACH, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, protection of the residents, business owners and visitors of the City of Imperial Beach is the highest priority of the Imperial Beach City Council; WHEREAS, the City Council has determined that the most effective way to provide police and public safety services is to contract with the San Diego Sheriff’s Department and has done so for many years resulting in the City of Imperial Beach having one of the lowest crime rates in San Diego County; and
WHEREAS, the City Council finds the agreement between the City of Imperial Beach, the County of San Diego and the San Diego Sheriff’s Department to be in good order and will provide a high quality of effective public safety services to the residents, business owners and visitors of the City of Imperial Beach;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Imperial Beach authorizes the City Manager to execute a five (5) year agreement with the San Diego Sheriff’s Department to provide public safety services commencing on July 1, 2022 which is attached hereto as Exhibit A.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 16th day of March, 2022, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
SERGE DEDINA, MAYOR
ATTEST:
JACQUELINE M. HALD, MMC
CITY CLERK
Exhibit
A Page 141 of 180
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March 16, 2022
ITEM TITLE: RESOLUTION 2022-13 TO APPROVE AN AGREEMENT WITH UTILITY SERVICE PARTNERS PRIVATE LABEL, INC. FOR THE NATIONAL LEAGUE OF CITIES
SERVICE LINE WARRANTY PROGRAM
ORIGINATING DEPARTMENT:
Public Works
EXECUTIVE SUMMARY:
Utility Service Partners Private Label, Inc. (USP), Inc. offers an insurance policy to residential property owners that covers the cost to repair or replace their utility service lines, primarily to single family houses and some multi-family dwellings. The program was endorsed by the National League of Cities (NLC) in 2010 and through this partnership, the program has been implemented in more than 1000 municipalities and utilities. The proposed agreement with USP is a marketing agreement that will allow USP to offer their warranty program to Imperial Beach residents. There is no monetary benefit to the City of Imperial Beach within this agreement.
RECOMMENDATION:
Staff recommends Council adopt Resolution 2022-13.
OPTIONS:
Adopt Resolution; or
Request additional information and an additional report.
BACKGROUND/ANALYSIS:
The Service Line Warranty Program began serving California Cities in 2012. Cities have the ability to sign a partnership agreement with USP to offer the low-cost warranty program to residents.
California cities that are current partners in the program include: Chula Vista, Lemon Grove, San Diego, Oceanside, Claremont, Culver City, and Los Angeles.
The warranties covered under the program fall under three categories:
1. Water Line Warranty – This covers the buried, outside water line, which runs from the meter and/or curb box, which includes the service line under the concrete floor until its daylights into the home. The warranty provides coverage of up to $8,500 for each water line repair. The cost for residents to participate in this program is a $6 monthly fee.
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Additionally, a discount of $5 is available on the total annual cost if a resident pays for a full year in advance.
2. Sewer Line Warranty – This covers the buried, outside sewer line that runs from the city mainline connection until the line daylights inside the home which includes the service line under the concrete floor. The warranty provides coverage of up to $8,500 for each sewer line repair. The cost for residents is a $9 monthly fee. Additionally, a discount of $5 is available on the total annual cost if a resident pays for a full year in advance.
3. In-Home Plumbing Warranty – This warranty covers residential in-home water and inhome sewer lines and all drain lines connected to the main sewer stack that are broken or leaking inside the home after the point of entry. Coverage includes broken or leaking water, sewer, or drain lines that may be leaking in walls and under the slab or basement floor. Coverage also includes the repair of clogged toilets. It does not cover the damage done to personal or household items normally covered by a homeowner's policy. The warranty provides coverage of up to $3,000 for each in-home repair. The cost to residents is a $9.49 monthly fee. Additionally, a discount of $4.89 is available on the total annual cost if a resident pays for a full year in advance.
Participation in this program is optional and residents can cancel the warranty or warranties at any time. The presence of homeowner's insurance does not affect participation in the warranty program. It is at the homeowner's discretion with regards to which policy would be primary. The next steps in the process for implementation of the Warranty Program include the following:
1. Execute agreement with USP
2. Coordinate with USP to create resident marketing materials
3. USP executes resident marketing campaign
4. Interested residents sign up, and City has access to monthly reports
5. USP conducts additional marketing (a maximum of 6 mailings per year) USP intends to mail residents a campaign letter that outlines the City's participation in accordance with the agreement, followed by a reminder letter two weeks later. USP will only solicit through direct mail - no telemarketing. The City may agree to the use of the City logo/name on all marketing materials upon written approval by the City as provided in the agreement. The City may also market the program through other means, if desired, to increase awareness and participation in the program. The first program marketing campaign is intended to be mailed 10-12 weeks after execution of the agreement. The agreement has a three year term.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT:
There is no significant fiscal impact to the city as a result of entering into this agreement. There is some staff time associated with the initial implementation of this program, including reviewing the press release and answering questions from the public.
ATTACHMENTS:
Att. 1 Resolution 2022-13 Service Line Warranty
ATTACHMENT 1
RESOLUTION NO. 2022-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, TO APPROVE AN AGREEMENT WITH UTILITY SERVICE PARTNERS, INC. FOR THE
NATIONAL LEAGUE OF CITIES SERVICE LINE WARRANTY PROGRAM WHEREAS, Utility Service Partners Private Label, Inc. (USP), Inc. offers an insurance policy to residential property owners that covers the cost to repair or replace their utility service lines; and
WHEREAS, the warranties covered under the program fall under three categories:
Water Line Warranty, Sewer Line Warranty, and In-Home Plumbing Warranty and signing up for this program is completely optional and residents can cancel the warranty or warranties at any time; and
WHEREAS, the Program was endorsed by the National League of Cities (NLC) in 2010 and through this partnership, the Program has been implemented in more than 1000 municipalities and utilities; and
WHEREAS, there is no monetary benefit to the City of Imperial Beach within this agreement; and
WHEREAS, resident participation in the program is optional and participating residents can cancel the warranty or warranties at any time; and WHEREAS, the proposed agreement with USP is a marketing agreement that will allow USP to offer their warranty program to Imperial Beach residents.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach as follows:
1. The above recitals are true and correct.
2. The City Manager is authorized to sign an Agreement with Utility Service Partners, Inc. for the Service Line Warranty Program.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 16th day of March 2022, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
SERGE DEDINA, MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
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March 16, 2022
ITEM TITLE: Discussion Regarding Reporting Procedures for City Council Assignments ORIGINATING DEPARTMENT:
City Manager
EXECUTIVE SUMMARY:
In accordance with Section 2.08.030 (D) of the Imperial Beach Municipal Code, the Mayor represents the City on all outside boards, committees and commissions unless otherwise determined by the City Council. Because there are so many assignments, the Mayor generally asks members of the City Council to represent the City on various boards, committee and commissions at the beginning of each year and the assignments are ratified by a majority vote of the City Council. Members of the City Council have requested this item be placed on an agenda to discuss the reporting procedures both prior to any official representation and following any representation impacting the City of Imperial Beach.
RECOMMENDATION:
Staff recommends the City Council discuss the reporting procedures and provide specific direction, if any, to the City Manager.
OPTIONS:
Discuss of the reporting procedures and provide specific direction to staff Request additional information and further discussion on the reporting procedures Discuss the current reporting procedures and take no action BACKGROUND/ANALYSIS:
The Mayor and members of the City Council are elected by the residents of Imperial Beach to represent their interests in the laws and regulations of the City, the operations of the City, and the interests of the City in the larger national, state, regional and county levels of government. The municipal code identifies the Mayor as the City’s representative for all regional public agencies, unless otherwise determined by the City Council.
Due to the number of boards, committee, and commissions, each year the Mayor reviews the various assignments and asks members of the City Council to represent the City. There is an attempt to match time availability, skill sets and interest areas in the assignments, but when chosen, Councilmembers become representatives of and vote on behalf of the City of Imperial Beach.
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A standing item on the agenda of the City Council, “Reimbursement, Disclosures/Reports on Assignments and Committees,” provides an opportunity for each elected official to update the other members of the City Council about the activities occurring in association with their assignment. Different members of the City Council tend to provide differing levels of feedback based on what is happening, and even perhaps influenced by their own communication style.
At the current time, there are no specific written policies related to seeking input from the other members of the City Council prior to casting a vote when representing the City on assignment.
Likewise, there are no policies regarding a follow-up report to the other members of the City Council following participation in a meeting of a board, committee or commission.
It is possible that the lack of specific policies stems from the assignments being self-policing. If a majority of the City Council is dissatisfied with the performance of an assigned Councilmember, action could be taken to change the assignment. For instance, if a majority of the City Council felt a representative was not providing ample updates on their assignment, the Councilmember could be removed from the assignment.
This item will allow the members of the City Council to discuss the preferred method of communication in relation to City Council assignments. Staff can be a resource and facilitate the conversation, but primarily the reporting procedures will be determined by the members of the City Council. If consensus is reached and the City Council would like the decision memorialized, staff will prepare the appropriate policy document for consideration by the City Council. Staff is not suggesting that is the anticipated outcome. It is entirely possible that a discussion about this issue will resolve the concerns without the need for written policies.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT: None
ATTACHMENTS: None