City Council Agenda
Closed Session Meeting - 5:00 p.m.
Regular Meeting - 6:00 p.m.
Wednesday, March 16, 2022
Council Chambers, 825 Imperial Beach Boulevard, Imperial Beach, CA. 91932 Public Comments: Members of the public can participate in-person at the City Council meeting to provide public comments or they can participate electronically. Members of the public who wish to watch City Council meetings, are encouraged to stream from the City website at https://www.imperialbeachca.gov/council_meetings. In lieu of in-person attendance and only during the time of the COVID-19 emergency, members of the public can submit their comments on specific agenda items via email at [email protected]. Comments will be accepted prior to the City Council meeting and up until the time that the Mayor announces that public comment is closed for each particular agenda item. A recess may be called to allow City Staff time to retrieve the correspondence. Please note in your email subject line the item on the agenda that you wish to comment on and please specify if you would like the written comment to be read aloud or just to be entered into the record. Please note that if you request the comment to be read aloud during the meeting, it will be limited to three (3) minutes so that business can be efficiently completed at the meeting.
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Pages
1. CLOSED SESSION CALL TO ORDER
2. ROLL CALL
3. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Govt. Code Section 54956.9(d)(1) (1 case)
Case No. 3:18-cv-00457-JM-JB
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Govt. Code Section 54956.9(d)(1) (1 case)
Case No. 37-2017-00019775
Reconvene and announce action (if appropriate).
4. ADJOURN CLOSED SESSION
5. CALL REGULAR MEETING TO ORDER
6. ROLL CALL
7. PLEDGE OF ALLEGIANCE
8. REIMBURSEMENT DISCLOSURES/REPORTS ON ASSIGNMENTS AND
COMMITTEES
All City Council assignments are available for review in the City Clerk’s Office.
9. COMMUNICATIONS FROM CITY STAFF
10. PUBLIC COMMENT
Each person wishing to address the City Council regarding items not on the posted agenda may do so at this time. In accordance with State law, Council may not take action on an item not scheduled on the agenda. If appropriate, the item will be referred to the City Manager or placed on a future agenda.
11. PRESENTATIONS
11.a. RECOGNITION OF WOMEN’S HISTORY MONTH. (0410-30) 6 Recommendation:
Staff recommends the City Council consider approval of the Proclamation recognizing March as National Women’s History Month, specifically the contribution of the women employees of the City of Imperial Beach.
11.b. PROCLAMATION DISCOURAGING THE SALE OF RUSSIAN PRODUCTS. (0410-30)
8 Recommendation:
Staff recommends the City Council consider the proposed proclamation.
12. CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items, unless the item is removed from the Consent Calendar by action of the City Council. A Councilmember or member of the public may make a comment on any item on the Consent Calendar.
Recommendation:
To approve Consent Calendar Item Nos. 12.a through 12.h.
12.a. APPROVAL OF CITY COUNCIL MEETING MINUTES 10
Recommendation:
That the City Council approves the Regular Meeting Minutes of October 20, 2021.
12.b. RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM FEBRUARY 19, 2022 TO MARCH 4, 2022. (0300-25)
20 Recommendation:
Staff is requesting that the City Council ratify and file the Warrant Register Report.
12.c. RESOLUTION NO. 2022-14 AUTHORIZING REMOTE TELECONFERENCE MEETINGS AS NEEDED DURING THE COVID-19 LOCAL AND STATE
EMERGENCY PURSUANT TO BROWN ACT PROVISIONS. (0410-95)
33 Recommendation:
Approve Resolution 2022-14.
12.d. RESOLUTION NO. 2022-15 CONTINUING THE PROCLAMATION OF A STATE OF AN ONGOING LOCAL EMERGENCY RELATED TO COVID-19. (0210-25)
39 Recommendation:
Approve Resolution No. 2022-15
12.e. SECOND READING AND ADOPTION OF ORDINANCE NO. 2022-1208
ADOPTING BOUNDARIES FOR CITY COUNCIL DISTRICTS FOLLOWING THE 2020 DECENNIAL FEDERAL CENSUS AND PURSUANT TO THE FAIR MAPS ACT. (0430-95)
44 Recommendation:
It is recommended that the City Council conduct the second reading and adopt Ordinance No. 2022-1208 by title only and waive further reading.
12.f. APPROVE RESOLUTION 2022-16 UPDATING THE CITY OF IMPERIAL
BEACH AUTHORIZED SIGNATORIES WITH THE LOCAL AGENCY
INVESTMENT FUND (LAIF) OF THE CALIFORNIA STATE TREASURY. (0350-30)
64 Recommendation:
Staff is recommending that the City Council adopt Resolution No. 2022-16 updating the City of Imperial Beach authorized signatories with the Local Agency Investment Fund (LAIF) of the California State Treasury to reflect the addition of the Finance Manager.
12.g. SECOND READING AND ADOPTION OF ORDINANCE NO. 2022-1209 AMENDING TITLE 4 OF THE IMPERIAL BEACH MUNICIPAL CODE TO ADD A NEW CHAPTER 4.62 RELATED TO MICROENTERPRISE HOME
KITCHEN OPERATIONS. (0610-95)
68 Recommendation:
That the City Council conduct the second reading, waive further reading, and adopt Ordinance No. 2022-1209, approving the proposed amendment to Title 4 of the Imperial Beach Municipal Code providing regulations for MEHKOs operating with the City of Imperial Beach.
12.h. RC COMMERCIAL HOLDINGS, LLC (APPLICANT); TIME EXTENSION FOR CP 200060; CUP 200061; DRC 200062; SPR 200063; VAR 200064; AND CLASS 32 CATEGORICAL EXEMPTION PER CEQA SECTION 15332 FOR A TWO-STORY COMMERCIAL BUILDING AT 951 SEACOAST DRIVE.
(0600-20)
77 Recommendation:
That the City Council adopt Resolution 2022-18, approving a six (6) month time extension for Regular Coastal Permit (CP 200060), Conditional Use Permit (CUP 200061), Design Review Case (DRC 200062), Site Plan Review (SPR 200063), Variance (VAR 200064), and Categorical Exemption pursuant to CEQA Guidelines 15332 Class 32 (In-Fill Development) to demolish the existing single-family residence and construct a new two-story commercial building with a roof deck at 951 Seacoast Drive (APN 625-352-23-00) in the C/MU-2 (Seacoast Commercial and Mixed Use) Zone.
13. ORDINANCES/INTRODUCTION & FIRST READING
13.a. CITY COUNCIL CONSIDERATION OF ORDINANCE 2022-1212 AMENDING
THE NOISE REGULATIONS OF IMPERIAL BEACH IN PUBLIC PARKS AND OTHER PUBLIC SPACES. (0470-95)
119
Recommendation:
Staff recommends introduction of Ordinance 2022-1212 amending the noise regulations.
14. PUBLIC HEARINGS
14.a. THE SALTY FROG (APPLICANT); 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
ENTERTAINMENT. (0600-20)
125
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.
15. REPORTS
15.a. INVESTMENT UPDATE PRESENTED BY CHANDLER ASSET
MANAGEMENT. (0350-90)
137
Recommendation:
Staff recommends the City Council receive and file the investment update report from Chandler Asset Management.
15.b. CONSIDERATION OF RESOLUION 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. (0260-10)
138
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.
15.c. RESOLUTION 2022-13 TO APPROVE AN AGREEMENT WITH UTILITY SERVICE PARTNERS PRIVATE LABEL, INC. FOR THE NATIONAL
LEAGUE OF CITIES SERVICE LINE WARRANTY PROGRAM. (0830-90) 176
Recommendation:
Staff recommends Council adopt Resolution 2022-13.
15.d. DISCUSSION REGARDING REPORTING PROCEDURES FOR CITY COUNCIL ASSIGNMENTS. (0410-50)
179
Recommendation:
Staff recommends the City Council discuss the reporting procedures and provide specific direction, if any, to the City Manager.
16. I.B. REDEVELOPMENT AGENCY SUCCESSOR AGENCY REPORTS
17. ITEMS PULLED FROM THE CONSENT CALENDAR (IF ANY)
18. CITY COUNCIL FUTURE AGENDA REQUESTS
19. ADJOURN REGULAR MEETING
THE CITY COUNCIL ALSO SITS AS THE IMPERIAL BEACH PLANNING
COMMISSION, PUBLIC FINANCING AUTHORITY, HOUSING AUTHORITY, AND IMPERIAL BEACH REDEVELOPMENT AGENCY SUCCESSOR AGENCY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT AND CALIFORNIA GOVERNMENT CODE SECTION 54953(e), THE CITY OF IMPERIAL
BEACH REQUESTS THAT INDIVIDUALS WHO REQUIRE REASONABLE
ACCOMMODATION TO FULLY PARTICIPATE IN THIS MEETING CONTACT THE CITY CLERK’S OFFICE AT (619) 628-2347 OR TTY 711 AS SOON AS POSSIBLE
DURING REGULAR BUSINESS HOURS AND NOT LATER THAN AT LEAST TWELVE (12) HOURS IN ADVANCE OF THE MEETING TO DISCUSS YOUR ACCESSIBILITY NEEDS.
ANY WRITINGS OR DOCUMENTS PROVIDED TO A MAJORITY OF THE CITY
COUNCIL/PLANNING COMMISSION/PUBLIC FINANCING AUTHORITY/HOUSING AUTHORITY/I.B. REDEVELOPMENT AGENCY SUCCESSOR AGENCY
REGARDING ANY ITEM ON THIS AGENDA WILL BE MADE AVAILABLE FOR
PUBLIC INSPECTION ON THE CITY'S WEBSITE AT
https://www.imperialbeachca.gov/council_meetings
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March 16, 2022
ITEM TITLE: RECOGNITION OF WOMEN’S HISTORY MONTH
ORIGINATING DEPARTMENT:
City Manager
EXECUTIVE SUMMARY:
March is designated at Women’s History Month in the United State and various other countries around the globe. The Imperial Beach City Council, in recognition of Women’s History Month, will consider the approval of a Proclamation in commemoration of Women’s History Month, specifically the contributions of the women employees of the City of Imperial Beach.
RECOMMENDATION:
Staff recommends the City Council consider approval of the Proclamation recognizing March as National Women’s History Month, specifically the contribution of the women employees of the City of Imperial Beach.
OPTIONS:
Approval of the Proclamation of National Women’s History Month Provide Direction to the City Manager
Reject the Proclamation of National Women’s History Month BACKGROUND/ANALYSIS:
In the United States, Women’s History Month began in 1981 when Congress authorized and requested the President to proclaim the week beginning March 7, 1982, as “Women’s History Week.” For each of the following five years, Congress passed joint resolutions designating a week in March as “Women’s History Week.” In 1987, after being petitioned by the National Women’s History Project, Congress designated the month of March 1987 as “Women’s History Month.” Since that time, March has been designated each year as Women’s History Month. Women’s History Month allows us to celebrate the contributions women have made to the United States and recognize the specific achievements women have made over the course of American history in a variety of fields.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT: None
ATTACHMENTS:
1. National Women’s Day Proclamation
Attachment 1
Imperial Beach Women’s History Month
WHEREAS, since 1987, the United States Congress has passed resolutions proclaiming March as National Women’s
History Month; and
WHEREAS, the members of the Imperial Beach City Council recognize the immeasurable contribution of women in the history of the City, and their continuing positive impact on the
betterment of Imperial Beach; and
WHEREAS, in addition to the achievements of all women, the City of Imperial Beach is the beneficiary of the leadership,
dedication, and effort of the City’s women employees and during this month set aside to acknowledge the significant role of women, the City Council desires to specifically honor and thank the women employees of the City.
NOW, THEREFORE, BE IT PROCLAIMED, that I, Serge Dedina, Mayor of the City of Imperial Beach, California, together with the City Council, do hereby designate the month of March as National Women’s History Month and further declare this 16th Day of March “Women’s Employee Day” for the City of Imperial Beach to be so honored annually in the City of Imperial Beach.
Dated: March 16, 2022
Serge Dedina, Mayor
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March 16, 2022
ITEM TITLE: Proclamation Discouraging the Sale of Russian Products ORIGINATING DEPARTMENT:
City Manager
EXECUTIVE SUMMARY:
The proceeds from the sale of Russian products and goods are being used to finance military actions by Russia to invade the independent country of Ukraine. If approved, the proclamation of the City Council would discourage businesses in Imperial Beach from selling Russian products in their places of business.
RECOMMENDATION:
Staff recommends the City Council consider the proposed proclamation.
OPTIONS:
Approve the proclamation discouraging the sale of Russian products in Imperial Beach Provide specific direction to the City Manager
Reject the proclamation discouraging the sale of Russian products in Imperial Beach BACKGROUND/ANALYSIS:
A proclamation is a vehicle by which the City Council can make a collective statement dealing with a matter of great importance. If approved, the proclamation discouraging the sale of Russian products in Imperial Beach would represent the collective voice of the City Council formally requesting businesses in the community to stop the sale of any Russian products at their place of business.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT: There could be a nominal cost to the City in lost revenue from the sale of products, but the revenue is not anticipated to significant.
ATTACHMENTS:
1. Proclamation
Attachment 1
Discouraging the Sale of Russian Products in the City of Imperial Beach
WHEREAS, the Russian military under the direction of its leaders has invaded the independent country of Ukraine; and
WHEREAS, the proceeds from the sale of Russian products and goods can be used to finance the invasion of Ukraine; and
WHEREAS, there are businesses in Imperial Beach that may have Russian made products for sale.
NOW, THEREFORE, BE IT PROCLAIMED, that I, Serge Dedina, Mayor of the City of Imperial Beach, California, together with the City Council, do hereby formally request that all businesses in Imperial Beach cease the sale of any Russian product or good from their place of business within the City of Imperial Beach. The City of Imperial Beach supports the boycott of all Russian products and State and Federal bans on the importation of Russian products. Further, the City Council condemns the invasion of the independent nation of Ukraine and joins billions around the world asking for the peaceful end to military hostilities, and complete withdrawal of military personnel, in Ukraine.
Dated: March 16, 2022
Serge Dedina, Mayor
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March 16, 2022
ITEM TITLE: APPROVAL OF CITY COUNCIL MEETING MINUTES
ORIGINATING DEPARTMENT:
City Clerk
RECOMMENDATION:
That the City Council approves the Regular Meeting Minutes of October 20, 2021.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT:
No fiscal impact associated with this item.
ATTACHMENTS:
ATT 1 10-20-21 Regular Meeting Minutes_DRAFT
ATTACHMENT 1
MINUTES
CITY OF IMPERIAL BEACH
CITY COUNCIL
PLANNING COMMISSION
PUBLIC FINANCING AUTHORITY
HOUSING AUTHORITY
IMPERIAL BEACH REDEVELOPMENT AGENCY SUCCESSOR AGENCY
OCTOBER 20, 2021
REGULAR MEETING 5:00 P.M.
Meeting held via teleconference pursuant to California Government Code Section 54953(e)
CALL TO ORDER
Mayor Dedina called the Regular Meeting to order at 5:00 p.m.
ROLL CALL
Present: Mayor Dedina; Mayor Pro Tem Spriggs, Councilmember Fisher, Councilmember Leyba-Gonzalez, Councilmember Aguirre
Staff Present: City Manager Hall, Assistant City Manager Cortez, City Attorney Lyon, City Clerk Kelly, Community Development Director Foltz, Human Resources Analyst Moreno
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Fisher.
REIMBURSEMENTS/DISCLOSURES/REPORTS ON ASSIGNMENTS AND COMMITTEES Councilmember Aguirre reported on her attendance at the October 8 SANDAG Board of Directors meeting where they reviewed the draft Environmental Impact Report for San Diego Forward, a regional plan for sustainable communities; on October 9 she attended the Air Cooled VW Fiesta at Pier Plaza; on October 14 she attended the MTS Board of Directors meeting during which they approved the Palm City Project at Palm Trolley Station which will bring 390 units, with some being moderate to low income housing, feature walkable amenities, and hopefully incentivize use of public transit. They also approved a Project Labor Agreement (PLA) or Community Benefits Agreement so all future MTS projects on MTS property will have to be negotiated under a PLA.
Councilmember Leyba-Gonzalez reported that on October 13 he attended the Bayshore Bikeway Working Group meeting where Public Works Director Minicilli gave a presentation on the striping and additional signage that will be placed on the Bayshore Bikeway to address some of the safety concerns that have been raised. He also reported that Environmental and Natural Resources Director Helmer and Dennis Larson from Nexus Planning gave a presentation about a project which incorporates the Bayshore Bikeway Resiliency Project. He spoke about a project that will go through District 4. On October 16 he attended the San Diego and Imperial Counties Labor Council Function with Councilwoman Aguirre.
Councilmember Fisher reported on his attendance at the Air Cooled VW Fiesta. The organizers of the event expressed their appreciation to the City by presenting an award, which was accepted by him and Councilmember Leyba-Gonzalez. He thanked staff for their support in making sure it was safe for all to enjoy. He announced the passing of Tom Morey, creator of
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City Council Regular Meeting Minutes - DRAFT
October 20, 2021
the Boogie Board. He also announced a U.S. Bodyboarding competition will be held in Imperial Beach on October 23.
Mayor Pro-Tem Spriggs reported on his attendance at the October 7 Metro Wastewater Commission JPA meeting where they reviewed and approved major contracts that support the entire Metro Wastewater system. On October 8 the Sea Level Rise Working Group Meeting reviewed the documents that will be presented to the California Coastal Commission. The documents contain the statements of principle regarding three different areas: a phased approach to sea level rise planning, regional cooperation approach to sea level rise planning, and a procedure to get early indications of whether an LCP is on track or to appeal it to a higher level than local Coastal Commission staff. He also reported that he was invited by the League of California Cities to sit on a special ad hoc committee to look at Assembly Constitutional Amendment (ACA) 7 and make recommendations regarding whether the League should support it or not. He gave background on the proposed amendment noting that it essentially restores local control to local jurisdictions when it comes to exercising their constitutionally provided police powers. He also spoke about a ballot measure that will potentially go on the ballot that is almost identical to ACA 7. He said he would keep the City Council informed about recommendations coming out of that ad hoc committee and said it is an honor to be asked to represent the San Diego region on the ad hoc committee. He spoke about how he enjoyed attending the Air Cooled VW Fiesta.
Mayor Dedina reported on a meeting with the Governor’s staff to talk about housing, they were very helpful and sympathetic to our concerns about building leverage for housing especially for small cities. They will help submit applications for housing projects. On Monday he met with Senator Hueso’s staff to talk about housing as well. On October 14th he and City Manager Hall met with U.S. Consul General Thomas Reott to talk to him about the important role he plays in facilitating dialogue across the border. The discussion included the need to continue pushing Mexico on the sewage issue.
COMMUNICATIONS FROM STAFF
Public Works Director Minicilli announced new Maintenance Worker, Devon Arms.
Marine Safety Captain Lindquist advised the public to not touch tar balls that may appear in the water. He encouraged the public to report any sightings.
Fire Chief French announced the City of Imperial Beach will be hosting the IB Fire Open House and the Parks and Recreation Department will be hosting the 1st Annual Trunk or Treat on October 30.
Parks and Recreation Director Bullock gave an update on Parks and Recreation Department activities.
PUBLIC COMMENT
Oral public comments:
David Preston spoke about the upcoming Bodyboarding competition, and he asked City Council to support a resolution to build a new skate park.
Eric Syverson spoke highly of the City of Escondido’s new Washington Park Skatespot and encouraged people to visit it, he complained about the lawsuit against oil companies, he looked forward to the upcoming Bodyboarding competition, and he spoke about the sewage situation.
Written public comments:
Edward Brakmanis requested a study be done to have the City of Imperial Beach engage with
City of Imperial Beach
City Council Regular Meeting Minutes - DRAFT
October 20, 2021
local Veteran’s organizations to provide assistance to the homeless veterans.
PRESENTATIONS
None.
CONSENT CALENDAR (1-5)
MOTION BY SPRIGGS, SECOND BY AGUIRRE, TO APPROVE CONSENT CALENDAR ITEM NOS. 1 THROUGH 5. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: AGUIRRE, LEYBA-GONZALES, FISHER,
SPRIGGS, DEDINA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
1. APPROVAL OF CITY COUNCIL MEETING MINUTES.
RECOMMENDATION:
City Council approved the Regular Meeting Minutes of September 1, 2021.
2. RATIFICATION OF WARRANT REGISTER. (0300-25)
RECOMMENDATION:
City Council ratified and filed the Warrant Register Report.
3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH,
CALIFORNIA, CONTINUING THE PROCLAMATION OF A STATE OF AN ONGOING LOCAL EMERGENCY RELATED TO COVID-19. (0210-25)
RECOMMENDATION:
City Council approved Resolution No. 2021-64.
4. ADOPTION OF RESOLUTION NO. 2021-63 EXTENDING THE PROFESSIONAL
SERVICES AGREEMENT FOR LEGAL SERVICES WITH THE LAW FIRM OF MCDOUGAL, LOVE, BOEHMER, FOLEY, LYON & MITCHELL. (0440-30) RECOMMENDATION:
City Council approved Resolution 2021-63 extending the Professional Services Agreement with McDougal, Love, Boehmer, Foley, Lyon & Mitchell for the provision of legal services.
5. RESOLUTION NO. 2021-66 SETTING THE TIME AND PLACE FOR A PUBLIC
HEARING TO CONSIDER AN AMENDMENT TO THE UNDERGROUND UTILITY DISTRICT IN THE 1300 BLOCK OF DONAX AVENUE AND RESOLUTION NO. 2021-67 SETTING THE TIME AND PLACE FOR A PUBLIC HEARING TO
CONSIDER AN AMENDMENT TO THE UNDERGROUND UTILITY DISTRICT IN THE 1300 BLOCK OF ELM AVENUE. (0810-20)
RECOMMENDATION:
City Council adopted Resolution No. 2021-66 (1300 block Donax Avenue), and Resolution 2021-67 (1300 block Elm Avenue) setting the time and place for the public hearing to consider amendments to these two Underground Utility Districts. The two district names and proposed amended boundaries are "Underground Utility District 1300 Block Donax Avenue" and "Underground Utility District 1300 Block Elm Avenue" within the City limits of Imperial Beach as shown on Attachments 3 and 4 of the staff report.
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October 20, 2021
ORDINANCES/INTRODUCTION & FIRST READING
None.
City Manager Hall announced that since the public hearing is set for 6:00 p.m., he recommended suspending the agenda and moving to Reports Item No. 1.
Without dissention of the City Council, Mayor Dedina proceeded with Reports Item No. 1.
REPORTS (1)
1. PUBLIC MEETING TO REVIEW DRAFT PROPOSED AMENDMENTS TO THE
IMPERIAL BEACH ZONING ORDINANCE AND MUNICIPAL CODE ADDING DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS. MF 1383. (0610-95) Senior Planner Openshaw introduced the item.
Katie Matchett, with Veronica Tam and Associates, gave a PowerPoint presentation on the proposed Accessory Dwelling Units Ordinance. In response to questions of Council, she spoke about parking requirements and explained the location in the City requiring two off-street spaces per ADU which is west of the centerline of 3rd Street and within ¼ mile of beach, coastal park or IB Pier.
Mayor Pro Tem Spriggs spoke in support of Alternative A (for height) because it would not exacerbate existing neighborhood parking conflicts.
Written Public Comment:
Barry Johnson supported the City in drafting its own ADU ordinance and updating its code in recognition of State law governing ADUs. He also shared various concerns to be considered as the City drafts its ordinance.
Councilmember Leyba-Gonzalez expressed concern about drivers competing for street parking.
Director Foltz clarified that the only provisions where the City could require parking are based on the highly trafficked coastal areas. State law also says the City needs to be compliant with the Coastal Act and parking is one of those coastal resources.
Mayor Pro Tem Spriggs favored the alternative if building is above 16 feet to have separation of buildings.
Councilmember Aguirre commented that this ordinance will give the community the opportunity to provide housing for their children. She favored Alternative A for height. She expressed concern about the City’s ability to do enforcement given the City’s limited resources. She suggested that housing funds requested from the Governor be used to enhance staffing for enforcement.
Mayor Dedina announced there is consensus for Alternative A for parking (height) and the Alternative for setbacks.
Oral Public Comment:
Ben Swearingen supported Alternative A.
City of Imperial Beach
City Council Regular Meeting Minutes - DRAFT
October 20, 2021
MOTION BY AGUIRRE, SECOND BY FISHER, TO PROVIDE DIRECTION TO STAFF TO
UTILIZE THE ORDINANCE AS DRAFTED WITH THE CHANGES TO USE ALTERNATIVE A
FOR HEIGHT AND THE ALTERNATIVE FOR THE SETBACKS AND TO SET THE PUBLIC HEARING DATE FOR INTRODUCTION OF THE ORDINANCE FOR DECEMBER 1, 2022.
MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: AGUIRRE, LEYBA-GONZALES, FISHER,
SPRIGGS, DEDINA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
PUBLIC HEARINGS (1)
1. PUBLIC HEARING TIME CERTAIN FOR 6:00 P.M. - CONSIDERATION OF CITY
COUNCIL ELECTION DISTRICT BOUNDARIES, TO INCLUDE PRESENTATION ON THE
REDISTRICTING PROCESS AND PERMISSIBLE CRITERIA TO BE CONSIDERED TO
REDRAW DISTRICT BOUNDARIES, AND TO RECEIVE PUBLIC INPUT REGARDING THE COMPOSITION OF COUNCIL ELECTION DISTRICT BOUNDARIES. (0430-95) Mayor Dedina declared the Public Hearing open.
City Manager Hall introduced the item. He noted that the City’s districts are new and that Districts 1 and 3 have not yet been through a vote at this point in time. He also spoke about a City Council resolution that was passed by the City Council in 2018 that states each Councilmember declares its intention to continue to endeavor to act in the best interest of the City as a whole despite Councilmembers being elected to represent one of the four districts.
Shannon Kelly, with NDC, gave a PowerPoint presentation on the item. She spoke about the districting process. She reported the census results showed that the recently adopted districts are still population balanced and the City does not need to redraw the districts to comply with the federal equal population requirement. She further stated that if the City Council finds that the current districts meet the requirements of the Fair Maps Act, the election district lines may be kept as-is at the conclusion of the hearing and outreach process. The City’s options are: to continue through the hearing process and re-adopt the current map at the end of the process or request additional maps to consider through the hearing process.
City Clerk Kelly announced there were no public comments.
Mayor Dedina said there was a robust public input process and a lot of public participation when the districts were originally formed.
Councilmember Fisher concurred with comments made by the City Manager regarding councilmembers elected by districts yet representing the whole City of Imperial Beach.
Mayor Pro Tem Spriggs spoke about the City’s course of creating the original districts, he supported having districts, stated an area of the City that never had representation now has representation because of districts, and was in favor of proceeding with the public hearing process.
Councilmember Aguirre echoed the comments about councilmembers representing the entire community adding that Councilmembers Fisher and Leyba-Gonzalez have been very much involved in issues outside their districts. She also stated that the process to create the original
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districts was robust and included a lot of public engagement. She supported keeping the districts as is and proceeding with engaging with the public.
Without dissention of City Council, Mayor Dedina closed the Public Hearing.
MOTION BY SPRIGGS, SECOND BY DEDINA, TO DIRECT STAFF TO HOLD A TOTAL OF
FOUR PUBLIC HEARINGS TO ENCOURAGE AND PROVIDE SEVERAL OPPORTUNITIES
FOR THE PUBLIC TO OFFER INPUT REGARDING THE COMPOSITION OF COUNCIL ELECTION DISTRICT BOUNDARIES. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: AGUIRRE, LEYBA-GONZALES, FISHER,
SPRIGGS, DEDINA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Mayor Pro Tem Spriggs commented that the process of creating the districts was very rigorous and had a lot of community participation.
Councilmember Leyba-Gonzalez commented on the opportunity he had to run for office because of district elections. He also stated that individuals who felt they were not able to voice their opinions in the past now have a voice with him representing them.
City Clerk Kelly clarified that tonight’s meeting is the first public hearing of four hearings so there will be three more hearings in the future.
REPORTS (2-4)
2. RESOLUTION NO. 2021-68 APPROVING AND ADOPTING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF IMPERIAL BEACH AND THE SERVICE EMPLOYEE INTERNATIONAL UNION (SEIU), LOCAL 221, AND THE APPOINTIVE MANAGEMENT & CONFIDENTIAL SALARY AND BENEFITS SUMMARY. (0500-75 & 0540- 20)
Human Resources Analyst Moreno reported on the item:
City Clerk Kelly announced there were no public comments.
City Council commended staff and SEIU representatives for arriving at an agreement and spoke in support of the item.
Mayor Dedina announced pursuant to Government Code Section 54953(c)(3), the Appointive Management & Confidential Salary and Benefits Summary includes compensation for Appointive Management personnel as part of this agenda item for City Council approval which includes a salary and benefit increase for department heads, mid-managers, and confidential employees.
MOTION BY SPRIGGS, SECOND BY LEYBA-GONZALEZ, TO ADOPT RESOLUTION NO. 2021-68 APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU), LOCAL 221 AND THE APPOINTIVE MANAGEMENT & CONFIDENTIAL SALARY AND BENEFITS SUMMARY.
MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
City of Imperial Beach
City Council Regular Meeting Minutes - DRAFT
October 20, 2021
AYES: COUNCILMEMBERS: AGUIRRE, LEYBA-GONZALES, FISHER,
SPRIGGS, DEDINA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH,
CALIFORNIA, APPROVING THE EIGHTH AMENDMENT TO THE EMPLOYMENT
AGREEMENT WITH CITY MANAGER ANDY HALL AND APPROVING A ONE-TIME RETENTION INCENTIVE STIPEND. (0530-60)
City Manager Hall left the Chambers at 7:07 p.m.
Assistant City Manager Cortez reported on the item:
Public Comments:
Ben Swearingen questioned the amount for the one-time retention incentive and if we are at risk of losing the City Manager.
Assistant City Manager Cortez responded the amount is listed on the agreement which is part of the agenda item and this will bring the City Manager up to similar cities in the County. She further stated that we are not at risk of losing the City Manager.
Mitchell McKay provided a written public comment in support of the item.
City Council spoke in support of the agreement and praised City Manager Hall for his dedicated service to the City of Imperial Beach. It was noted that City Manager Hall is very well-respected outside of the City of Imperial Beach.
Mayor Dedina announced pursuant to Government Code section 54953, Resolution No. 2021- 65 authorizes an increase to the salary and benefits of the City Manager and also includes the issuance of a one-time stipend.
MOTION BY FISHER, SECOND BY SPRIGGS, TO APPROVE RESOLUTION NO. 2021-65
APPROVING THE EIGHTH AMENDMENT TO THE EMPLOYMENT AGREEMENT WITH CITY
MANAGER ANDY HALL AND APPROVING A ONE-TIME RETENTION INCENTIVE STIPEND. MOTION CARRIED BY THE FOLLOWING ROLE CALL VOTE:
AYES: COUNCILMEMBERS: AGUIRRE, LEYBA-GONZALES, FISHER,
SPRIGGS, DEDINA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
City Manager Hall returned to the Chambers at 7:20 p.m.
4. DISCUSSION REGARDING THE LOGISTICS OF FUTURE CITY COUNCIL MEETINGS. (0610-95)
City Manager Hall reported on the item.
Liisa Thomas asked City Council to reconsider the start time of the meetings to accommodate people who work.
City of Imperial Beach
City Council Regular Meeting Minutes - DRAFT
October 20, 2021
Christine Hillger submitted a written comment stating that if the Council Chambers is too small for a public meeting, attendance can be monitored and questioned the continuance of only offering online meetings to the public.
Councilmember Leyba-Gonzalez spoke in support for holding meetings in person. He also stated that in virtual meetings you miss out on the social aspects of people (i.e. facial expressions, body language, etc.). He favored opening up meetings in a safe manner.
Councilmember Fisher made a motion to start in person meetings as soon as possible, allow the public to attend a 50% capacity, and that those who are fully vaccinated can choose to wear a mask or not to wear masks, those who are not vaccinated should wear a mask the entire meeting, and to start meetings at 6:00 p.m. again.
Mayor Pro Tem Spriggs stated that at the City Council retreat, it was clear that there is a strong sense that we should go back to chambers and as soon as possible have the public invited in into the chambers. He questioned how many people can be accommodated in the Chambers and adjacent Community Room.
City Manager Hall responded that the Council Chambers has a total capacity of 75 by the fire code. There are about 50 fixed chairs and then, of course, you would have the chairs for the City Council and staff. He also stated there are some public entities that are meeting but have limited capacity and provided some examples. He commented on the importance of public attendance and participation to an organization and stressed the need to do it in the safest way possible. He spoke about the improvements made to the building to make it as safe as possible such as the installation of air filters and plexiglass dividers.
City Council discussion ensued regarding varying in-person attendance and capacity scenarios in the Council Chambers and in the Community Room while keeping people safe, and the wearing of masks.
Ben Swearingen suggested City Council create a timeline and protocol for returning to in-person meetings and to continue with the online livestream.
City Council discussion ensued regarding reopening to the public in a phased approach, to develop a timeline, and there was a suggestion to wait to reopen until after the holidays and due to flu season.
MOTION BY FISHER, SECOND BY AGUIRRE, FOR THE NEXT THREE MEETINGS THAT
COUNCILMEMBERS AND STAFF MEET IN THE COUNCIL CHAMBERS IN PERSON (NO
PUBLIC) AND THEN DISCUSS THIS MATTER AGAIN AT THE FIRST MEETING IN JANUARY. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: AGUIRRE, LEYBA-GONZALES, FISHER,
SPRIGGS, DEDINA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
I.B. REDEVELOPMENT AGENCY SUCCESSOR AGENCY REPORTS
None.
City of Imperial Beach
City Council Regular Meeting Minutes - DRAFT
October 20, 2021
ITEM(S) PULLED FROM THE CONSENT CALENDAR
None.
ADJOURN REGULAR MEETING
Mayor Dedina adjourned the Regular Meeting at 8:11 p.m.
Serge Dedina,
Mayor
Jacqueline M. Kelly, MMC
City Clerk
P a g e | 1
March 16, 2022
ITEM TITLE: RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM FEBRUARY 19, 2022 TO MARCH 4, 2022
ORIGINATING DEPARTMENT:
Finance
EXECUTIVE SUMMARY:
Staff is recommending that the City Council ratify the accompanying Warrant Register for the period from February 19, 2022 to March 4, 2022 in the amount of $1,216,559.44.
RECOMMENDATION:
Staff is requesting that the City Council ratify and file the Warrant Register Report.
OPTIONS:
Receive and file the report from the City Manager
Provide direction to the City Manager to take a specific action Request additional information and an additional report BACKGROUND/ANALYSIS:
The City of Imperial Beach issues accounts payable and payroll disbursements on a regular basis and presents it to the City Council for ratification at its next regular scheduled meeting. The attached Warrant Register containing checks and electronic funds transfers for the period from February 19, 2022 to March 4, 2022, in the amount of $1,216,559.44, is being presented for ratification by the City Council. Payments have been reviewed and approved by the appropriate department staff. The Finance Director or designee certifies the accuracy of the attached register and the availability of funds for payment.
Warrants above $100,000 have been highlighted and explained in the table below:
VENDOR CHECK DESCRIPTION AMOUNT
SAN DIEGO COUNTY
SHERIFF 98744 NOVEMBER 2021 SHERIFF SERVICES $ 667,393.08
P a g e | 2
The following registers are submitted for Council ratification:
Accounts Payable:
DATE CHECK NUMBER AMOUNT(S)
2/24/2022 CK98724-CK98754 752,909.46
3/3/2022 CK98755-CK98812 275,388.33
Sub-Total $ 1,028,297.79
DATE EFT/DRAFT NUMBER AMOUNT(S)
N/A N/A 0
Sub-Total $ 0
Total reflected in the attached Expense Approval Report: $ 1,028,297.79 Payroll Checks/Direct Deposits
DATE CHECK/EFT NUMBER AMOUNT(S)
3/3/2022 CK48748; EFT0000078 188,261.65
Sub-Total $ 188,261.65
TOTAL: $ 1,216,559.44
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL ANALYSIS:
Warrants are issued from budgeted funds and there is no additional impact on reserves.
ATTACHMENTS:
ATT 1 - Expense Approval Report – 02.19.2022-03.04.2022
3/4/2022 8:27:21 AM Page 1 of 11
Expense Approval Report
Imperial Beach, CA By (None)
Payment Dates 2/19/2022 - 3/4/2022
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 02/24/2022 98724 APCD COUNTY OF SAN DIEGO PERMIT FEES FOR MAR 2022 -… 01373-1983-RI-2022 501-1921-419.2813 280.00 02/24/2022 98724 APCD COUNTY OF SAN DIEGO PERMIT FEES FOR MAR 2022 -… 01373-1983-RI-2022 601-5060-436.2813 156.00 02/24/2022 98724 APCD COUNTY OF SAN DIEGO PERMIT FEES FOR MAR 2022 -… 01373-1983-RI-2022 601-5060-436.2813 326.00 02/24/2022 98724 APCD COUNTY OF SAN DIEGO PERMIT FEES FOR MAR 2022 -… 01373-1983-RI-2022 601-5060-436.2813 326.00 02/24/2022 98724 APCD COUNTY OF SAN DIEGO PERMIT FEES FOR MAR 2022 -… 01373-1983-RI-2022 601-5060-436.2813 326.00 02/24/2022 98724 APCD COUNTY OF SAN DIEGO PERMIT FEES FOR MAR 2022 -… 04890-2003-RI-2022 601-5060-436.2813 496.00 02/24/2022 98725 ASBURY ENVIRONMENTAL SE… LIGHT TUBE RECYCLING (CK 98…I500-00778886 (2) 501-1921-419.2904 440.51 02/24/2022 98726 BARRETT ENGINEERED PUMP FLAP VALVE ASSY QTY 2, S&H 124467 601-5060-436.2801 220116 463.27 02/24/2022 98727 BIO-D PRODUCTS RUST OFF QTY 165 0001125 101-6040-454.3002 202.26 02/24/2022 98728 BLUE SHIELD 02/01/2022-02/28/2022 EAP F…958488747298 101-1130-412.2006 220066 229.40 02/24/2022 98729 CALIFORNIA AMERICAN WATER 505 HWY 75 IRRG 01/05/22-02…1015-210018811916 02/07/22 101-1910-419.2702 37.89 02/24/2022 98729 CALIFORNIA AMERICAN WATER 814 CYPRESS AVE 01/07/22-02…1015-210018820255 02/09/22 101-6020-452.2702 24.47 02/24/2022 98729 CALIFORNIA AMERICAN WATER 400 1/2 PALM AVE IRRIG 01/0… 1015-210019027905 02/07/22 101-1910-419.2702 236.52 02/24/2022 98729 CALIFORNIA AMERICAN WATER 495 10TH ST 01/07/22-02/07/… 1015-210019058534 02/09/22 101-6020-452.2702 136.66 02/24/2022 98729 CALIFORNIA AMERICAN WATER 630 FLORIDA STREET 01/07/22…1015-210019176067 02/09/22 101-6020-452.2702 59.50 02/24/2022 98729 CALIFORNIA AMERICAN WATER 624 FLORIDA STREET 01/07/22…1015-210019176128 02/09/22 101-6010-451.2702 9.07 02/24/2022 98729 CALIFORNIA AMERICAN WATER 1001 IRIS AVENUE 01/14/22-0… 1015-210019176333 02/17/22 601-5060-436.2702 9.07 02/24/2022 98729 CALIFORNIA AMERICAN WATER 1250 PALM AVE IRRIG 01/07/2…1015-210019179080 02/09/22 101-6020-452.2702 781.73 02/24/2022 98729 CALIFORNIA AMERICAN WATER 950 OCEAN LN 01/04/22-02/0… 1015-210019276868 02/07/22 101-6020-452.2702 102.72 02/24/2022 98729 CALIFORNIA AMERICAN WATER 90 IMPERIAL BEACH BLVD IRRI… 1015-210019278093 02/07/22 101-6020-452.2702 27.56 02/24/2022 98729 CALIFORNIA AMERICAN WATER 1150 SEACOAST DR IRRIG 01/0…1015-210019278895 02/07/22 101-1910-419.2702 27.56 02/24/2022 98729 CALIFORNIA AMERICAN WATER 1234 SEACOAST DR IRRIG 01/0…1015-210019279782 02/07/22 601-5060-436.2702 19.86 02/24/2022 98729 CALIFORNIA AMERICAN WATER 840 IMPERIAL BEACH BLVD 01… 1015-210019335248 02/16/22 601-5060-436.2702 1,475.87 02/24/2022 98729 CALIFORNIA AMERICAN WATER 820 IMPERIAL BEACH BLVD 01… 1015-210019335347 02/16/22 101-1910-419.2702 475.07 02/24/2022 98729 CALIFORNIA AMERICAN WATER 825 IMPERIAL BCH,CITY OF 01… 1015-210019335484 02/16/22 101-1910-419.2702 90.29 02/24/2022 98729 CALIFORNIA AMERICAN WATER 855 IMPERIAL BEACH BLVD 01… 1015-210019335682 02/16/22 101-1910-419.2702 19.86 02/24/2022 98729 CALIFORNIA AMERICAN WATER 865 IMPERIAL BEACH BLVD 01… 1015-210019335774 02/16/22 101-6020-452.2702 205.72 02/24/2022 98729 CALIFORNIA AMERICAN WATER 915 IB BLVD IRRIG 01/13/22-0… 1015-210019335835 02/16/22 101-1910-419.2702 32.15 02/24/2022 98729 CALIFORNIA AMERICAN WATER 1322 SEACOAST DR IRRIG 01/0…1015-210019357057 02/07/22 101-1910-419.2702 19.86 02/24/2022 98729 CALIFORNIA AMERICAN WATER 90 DESCANSO IRRIG 01/04/22… 1015-210019359015 02/07/22 101-6020-452.2702 19.86 02/24/2022 98729 CALIFORNIA AMERICAN WATER 90 ENCANTO AVE IRRIG 01/04… 1015-210019360534 02/07/22 101-1910-419.2702 19.86 02/24/2022 98729 CALIFORNIA AMERICAN WATER 1025 9TH 01/13/22-02/14/22 1015-210019401916 02/16/22 101-1910-419.2702 9.07 02/24/2022 98729 CALIFORNIA AMERICAN WATER 1685 SEACOAST DR IRRIG 01/0…1015-210019481684 02/07/22 101-6020-452.2702 19.86 02/24/2022 98729 CALIFORNIA AMERICAN WATER 105 IMPERIAL BEACH BLVD 01… 1015-210019482014 02/07/22 101-6020-452.2702 90.29 02/24/2022 98729 CALIFORNIA AMERICAN WATER HY MT 007015344 01/06/22-0… 1015-210019512885 02/07/22 101-1910-419.2702 107.80 02/24/2022 98729 CALIFORNIA AMERICAN WATER 981 2ND ST 01/04/22-02/01/11 1015-210019600799 02/07/22 101-1910-419.2702 166.09 02/24/2022 98729 CALIFORNIA AMERICAN WATER 942 DONAX AVE IRRIG 01/14/… 1015-210019746893 02/17/22 101-1910-419.2702 9.07 02/24/2022 98729 CALIFORNIA AMERICAN WATER HY MT 48200762 01/06/22-02… 1015-210020125977 02/07/22 101-6020-452.2702 19.86 Attachment 1
Expense Approval Report Payment Dates: 2/19/2022 - 3/4/2022 3/4/2022 8:27:21 AM Page 2 of 11
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 02/24/2022 98729 CALIFORNIA AMERICAN WATER 950 OCEAN LN 4 IN FIRE 02/04…1015-210020153385 02/07/22 101-6020-452.2702 33.33 02/24/2022 98729 CALIFORNIA AMERICAN WATER 825 IMPERIAL BEACH AVE 01/… 1015-210020154739 02/09/22 101-6020-452.2702 19.86 02/24/2022 98729 CALIFORNIA AMERICAN WATER 711 ENCINA AVE 01/13/22-02… 1015-210020277854 02/16/22 101-1910-419.2702 19.86 02/24/2022 98729 CALIFORNIA AMERICAN WATER 710 PALM AVE 01/11/22-02/0… 1015-210020440898 02/11/22 101-6020-452.2702 98.61 02/24/2022 98729 CALIFORNIA AMERICAN WATER 701 5TH ST IRRIG 01/12/22-02…1015-210020731235 02/14/22 101-6020-452.2702 52.27 02/24/2022 98729 CALIFORNIA AMERICAN WATER 425 IMPERIAL BEACH BLVD 01… 1015-210021068268 02/14/22 101-6020-452.2702 86.25 02/24/2022 98729 CALIFORNIA AMERICAN WATER 401 IMPERIAL BEACH BLVD 01… 1015-210021068367 02/15/22 101-6020-452.2702 1,656.24 02/24/2022 98729 CALIFORNIA AMERICAN WATER 423 IB BLVD IRRIG 01/12/22-0… 1015-210021068541 02/14/22 101-6020-452.2702 59.50 02/24/2022 98729 CALIFORNIA AMERICAN WATER 845 ENCINA AVE IRRIG 01/13/… 1015-210021082448 02/16/22 601-5060-436.2702 153.33 02/24/2022 98729 CALIFORNIA AMERICAN WATER 710 5TH STREET 01/12/22-02/… 1015-220018914676 02/14/22 101-6020-452.2702 19.86 02/24/2022 98729 CALIFORNIA AMERICAN WATER HYDRANT METER #6 01/06/22…1015-220029776225 02/07/22 101-6020-452.2702 430.91 02/24/2022 98729 CALIFORNIA AMERICAN WATER 582 IB BLVD IRRG 01/12/22-02…1015-220030150199 02/14/22 101-6020-452.2702 181.38 02/24/2022 98729 CALIFORNIA AMERICAN WATER 170 PALM AVE 64154527 01/0…1015-220036553772 02/07/22 101-6020-452.2702 9.07 02/24/2022 98729 CALIFORNIA AMERICAN WATER 170 PALM AVE 31643265 01/0…1015-220036553789 02/07/22 101-6010-451.2702 37.89 02/24/2022 98731 CINTAS CORPORATION Public Works Uniforms 4111445132 101-5020-432.2503 220098 268.93 02/24/2022 98732 COX COMMUNICATIONS 01/22/22-02/21/22 495 10TH … 01-22-2022 2135 503-1923-419.2104 241.45 02/24/2022 98732 COX COMMUNICATIONS 02/04/22-03/03/22 950 OCEA… 02-04-2022 2328 503-1923-419.2104 245.18 02/24/2022 98733 FIRE ETC PRO WARRINGTON BOOTS - A… 164669 101-3020-422.3002 533.36 02/24/2022 98734 FLYERS ENERGY LLC 2/17/22 DELIVERY: 435 GAL G… 22-474333 501-1921-419.2815 220008 2,841.73 02/24/2022 98735 GENERAL PARTS DIST, LLC BATTERIES LESS CORE RETURNS 11098-478528 501-1921-419.2816 220006 145.70 02/24/2022 98735 GENERAL PARTS DIST, LLC PARTS FOR TRUCK A-7 11098-478668 501-1921-419.2816 220006 174.05 02/24/2022 98736 GRAH SAFE & LOCK INC. KEYWAY BRASS, DEADBOLT, C… 101-40439-01 101-5000-532.2006 220095 769.73 02/24/2022 98737 HASENIN ENTERPRISES, LLC 02/03/2022 SHERIFF STATION …001237 101-1910-419.2801 220193 949.56 02/24/2022 98737 HASENIN ENTERPRISES, LLC 02/03/2022 SHERIFF STATION …001237 101-1910-419.2801 25.70 02/24/2022 98738 I LOVE A CLEAN SAN DIEGO ENVIRONMENTAL OUTREACH … 22-5070 101-5040-434.2904 220048 3,575.00 02/24/2022 98739 KPA LLC. Compliance & Risk Manageme…INV362261 101-1130-412.2006 220077 637.00 02/24/2022 98739 KPA LLC. 2/01/22-2/28/22 EHS PRO INV369991 101-1130-412.2006 220077 637.00 02/24/2022 98740 NV5 INC 01/01/22-01/14/22 INSPECTI… 254969 601-5060-536.2006 220166 5,400.00 02/24/2022 98741 PARS PARS FEES PERIOD ENDING 12… 49905 101-1130-412.2006 220070 501.33 02/24/2022 98742 PROTECTION ONE ALARM MO… ACCT 6813414 895 I.B. BLVD T… 143899111 601-5060-436.2023 240.00 02/24/2022 98743 ROBERT HALF TECHNOLOGY I.T. TEMP W/E 2/11/22 FELIPE… 59400442 503-1923-419.2101 1,768.00 02/24/2022 98743 ROBERT HALF TECHNOLOGY I.T. TEMP W/E 2/18/22 FELIPE… 59443554 503-1923-419.2101 2,080.00 02/24/2022 98743 ROBERT HALF TECHNOLOGY I.T. TEMP W/E 2/18/22 FELIPE… 59443554 503-1923-419.2101 234.00 02/24/2022 98744 SAN DIEGO COUNTY SHERIFF NOV 2021 SHERIFFS LAW ENF… 11-01-2021 101-0000-338.6003 -1,370.46 02/24/2022 98744 SAN DIEGO COUNTY SHERIFF NOV 2021 SHERIFF'S LAW ENF… 11-01-2021 101-3010-421.2006 656,263.54 02/24/2022 98744 SAN DIEGO COUNTY SHERIFF NOV 2021 SHERIFF'S LAW ENF… 11-01-2021 212-3036-421.2006 12,500.00 02/24/2022 98745 SAN DIEGO GAS & ELECTRIC JAN 2022 0056 4977 1474 9 02-09-2022 101-1910-419.2701 5,863.93 02/24/2022 98745 SAN DIEGO GAS & ELECTRIC JAN 2022 0056 4977 1474 9 02-09-2022 101-5010-431.2701 12,494.97 02/24/2022 98745 SAN DIEGO GAS & ELECTRIC JAN 2022 0056 4977 1474 9 02-09-2022 101-6020-452.2701 875.53 02/24/2022 98745 SAN DIEGO GAS & ELECTRIC JAN 2022 0056 4977 1474 9 02-09-2022 601-5060-436.2701 3,493.60 02/24/2022 98746 SHARP REES-STEALY MEDICAL …12/17/21 FLYTE, 12/20/21 PER…364220147 101-1130-412.2104 386.00 02/24/2022 98747 SOLANA CENTER FOR ENVIRO… 01/01/22-01/31/22 SB1383 C… 40-42-1-22 101-5040-434.2904 220083 1,000.00 02/24/2022 98748 TANKO STREETLIGHTING, INC. FEB 2022 AUDIT/DATA TASK 5:…68031 401-5020-532.2006 220142 2,860.00 02/24/2022 98749 U.S. BANK CORPORATE PAYM… DEC 2021-JAN 2022 PCARD CH…01-24-2022 101-1210-413.2102 19,215.08
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Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-1010-411.2705 87.44 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-1020-411.2705 98.30 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-1110-412.2705 112.47 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-1110-412.2705 19.80 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-1130-412.2705 56.68 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-1210-413.2705 102.42 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-1210-413.2705 112.47 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-1230-413.2705 41.49 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-1230-413.2705 112.47 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-1910-419.2705 103.99 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-1920-419.2705 36.70 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-1920-419.2705 152.04 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-3020-422.2705 129.82 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-3020-422.2705 224.94 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-3030-423.2705 572.80 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-3030-423.2705 137.70 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-3040-424.2705 38.01 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-3040-424.2705 51.15 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-3040-424.2705 153.45 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-3070-427.2705 155.57 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-5010-431.2705 204.42 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-5020-432.2705 120.85 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-5020-432.2705 137.59 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-5050-435.2705 25.66 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-6010-451.2705 51.15 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-6010-451.2705 358.46 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-6020-452.2705 153.64 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-6030-453.2705 38.01 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 101-6040-454.2705 131.37 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 501-1921-419.2705 31.08 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 503-1923-419.2705 41.28 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 503-1923-419.2705 29.66 02/24/2022 98750 VERIZON WIRELESS 571987570-00003 12/09/21-0… 9896826923 601-5060-436.2705 168.04 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-1010-411.2705 143.95 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-1020-411.2705 101.94 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-1110-412.2705 22.95 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-1110-412.2705 34.94 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-1130-412.2705 84.54 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-1210-413.2705 190.07 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-1210-413.2705 22.95 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-1230-413.2705 22.95 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-1230-413.2705 77.16 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-1910-419.2705 109.97 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-1920-419.2705 152.04
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Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-1920-419.2705 36.86 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-3020-422.2705 45.90 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-3020-422.2705 164.55 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-3030-423.2705 48.18 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-3030-423.2705 571.30 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-3040-424.2705 153.51 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-3040-424.2705 51.17 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-3040-424.2705 38.01 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-3070-427.2705 180.40 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-5010-431.2705 300.11 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-5020-432.2705 47.71 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-5020-432.2705 140.54 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-5050-435.2705 44.51 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-6010-451.2705 63.17 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-6010-451.2705 51.17 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-6020-452.2705 156.82 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-6030-453.2705 38.01 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 101-6040-454.2705 125.92 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 501-1921-419.2705 30.77 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 503-1923-419.2705 29.66 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 503-1923-419.2705 124.68 02/24/2022 98752 VERIZON WIRELESS 571987570-00003 01/09/22-0… 9899070313 601-5060-436.2705 165.35 02/24/2022 98754 ZUMAR INDUSTRIES INC. SIGN POST CAPS QTY 20 95765 101-5010-431.2123 139.88 03/03/2022 98755 A GLASCO, INC. 495 10TH ST NEW WINDOW I… I-22-1112 101-5000-532.2006 220177 8,719.71 03/03/2022 98756 ADVANCED IMAGING SOLUTI… VARIOUS KYOCERA COPIERS S… 31131648 101-1920-419.2017 2,582.80 03/03/2022 98757 AT&T 9391033950 01/11/2022-02/1…17736390 503-1923-419.2704 -5.33 03/03/2022 98757 AT&T 01/15/2022-02/14/2022 CITY… 17773800 503-1923-419.2704 20.84 03/03/2022 98757 AT&T 01/15/2022-02/14/2022 PUMP…17773803 503-1923-419.2704 216.79 03/03/2022 98757 AT&T 01/15/2022-02/14/2022 9391… 17773804 503-1923-419.2704 22.50 03/03/2022 98757 AT&T 01/15/2022-02/14/2022 SENI… 17773808 503-1923-419.2704 27.76 03/03/2022 98757 AT&T 01/15/2022-02/14/2022 9391… 17773998 503-1923-419.2704 1.78 03/03/2022 98757 AT&T 01/15/2022-02/14/2022 LIFE… 17774010 503-1923-419.2704 3.77 03/03/2022 98757 AT&T 01/15/2022-02/14/2022 PUBL… 17774285 503-1923-419.2704 -0.59 03/03/2022 98757 AT&T 01/15/2022-02/14/2022 FIRE … 17774286 503-1923-419.2704 -31.87 03/03/2022 98757 AT&T 9391033944 01/20/2022-02/1…17795817 503-1923-419.2704 35.81 03/03/2022 98758 AZTEC LANDSCAPING INC FEB 2022 SR75 MEDIAN/PALM…L1123 101-5010-431.2104 220102 7,503.92 03/03/2022 98758 AZTEC LANDSCAPING INC FEB 2022 LANDSCAPE/STORM… L1124 601-5060-436.2801 220103 2,644.00 03/03/2022 98759 BRIZO, INC JAN-MAR 2022 Q3 MARINE SA…22-0369 101-3030-423.2104 3,300.00 03/03/2022 98760 BROKE TRACTOR, LLC CASE 580 SUPER M II BACKHOE…173429 101-5010-431.2801 220203 6,309.00 03/03/2022 98761 BUSINESS OFFICE OUTFITTERS Recreation Dept Office Furnitu…87611-U (2) 101-1910-419.3022 220195 2,726.08 03/03/2022 98761 BUSINESS OFFICE OUTFITTERS USED WHITE 5-DRAWER LATE… 87992-U 101-6010-451.3001 425.61 03/03/2022 98762 CHULA VISTA ALARM, INC ALARM MONITORING IMPERIA…62607 101-1910-419.2023 220085 55.00 03/03/2022 98762 CHULA VISTA ALARM, INC ALARM MONITORING PUBLIC… 62658 101-1910-419.2023 220085 55.00 03/03/2022 98762 CHULA VISTA ALARM, INC ALARM MONITORING IMPERIA…62672 101-6020-452.2104 220093 39.95
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Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 03/03/2022 98762 CHULA VISTA ALARM, INC ALARM MONITORING 425 I.B. …62673 101-6020-452.2104 220093 45.00 03/03/2022 98762 CHULA VISTA ALARM, INC ALARM MONITORING IB SENI… 62687 101-6020-452.2104 220093 30.00 03/03/2022 98762 CHULA VISTA ALARM, INC ALARM MONITORING 1075 8T… 62688 101-6020-452.2104 220093 45.00 03/03/2022 98762 CHULA VISTA ALARM, INC FIRE MONITORING BOYS AND … 62842 101-6020-452.2104 220093 59.95 03/03/2022 98763 CINTAS CORPORATION Public Works Uniforms 4112133008 101-5020-432.2503 220098 268.93 03/03/2022 98764 CIVICPLUS, LLC. GIS INTEGRATION 02/23/2022… 222307 101-6010-451.2104 2,625.00 03/03/2022 98765 CLEAN HARBORS JAN 2022 HHW SERVICES 1004036479 101-5040-434.2104 220041 1,396.12 03/03/2022 98765 CLEAN HARBORS FEB 2022 HHW SERVICES 1004062362 101-5040-434.2104 220041 1,713.42 03/03/2022 98766 COX COMMUNICATIONS 02/09/22-03/08/22 1075 8TH … 02-11-2022 0422 503-1923-419.2104 100.00 03/03/2022 98766 COX COMMUNICATIONS 02/22/22-03/21/22 495 10TH … 02-22-2022 2135 503-1923-419.2104 241.45 03/03/2022 98767 DUDEK JAN 2022 PROJ 14010 SEDIME… 202200261 101-5050-435.2006 210218-R1 25,585.78 03/03/2022 98768 ESGIL CORPORATION JAN 2022 PLAN CHECK SERVIC… 76397 101-3040-424.2016 710.57 03/03/2022 98769 EYEGATE DESIGN COMMUNITY SERVICES LOGO … i022622-1 101-6010-451.2807 650.00 03/03/2022 98770 FIRST AMERICAN DATA TREE, … FEB 2022 SPECIFIC DOCUMENT…20045170222 101-3070-427.2104 250.00 03/03/2022 98771 FLYERS ENERGY LLC 02/24/22 DELIVERY: 898 GAL … 22-478121 501-1921-419.2815 220008 4,022.05 03/03/2022 98772 GLADWELL GOVERNMENTAL S…11/01/2021-02/09/2022 15.5 … 4793 101-1020-411.2006 210185-R1 1,550.00 03/03/2022 98773 GOVINVEST, INC. COSTING MODULE ANNUAL LI… 2021-3358 101-1210-413.2104 7,000.00 03/03/2022 98774 HINDERLITER, DE LLAMAS & A… OCT 2021 SERVICES FOR CAN… SIN012654 101-1230-413.2104 4,000.00 03/03/2022 98775 HOME DEPOT CREDIT SERVICES VAC FILTER, STRAP, SHELF, BR… 1512722 501-1921-419.3002 147.82 03/03/2022 98775 HOME DEPOT CREDIT SERVICES RAKES, PRO GLOSS, WASHERS,…1543288 101-5010-431.3002 84.65 03/03/2022 98775 HOME DEPOT CREDIT SERVICES TURF BLDR RYEGRASS SEED Q… 2532243 101-6020-452.2801 81.76 03/03/2022 98775 HOME DEPOT CREDIT SERVICES TOWELS, SPONGES, WIPES, SP… 2614936 101-6030-453.3002 56.37 03/03/2022 98775 HOME DEPOT CREDIT SERVICES HUSKY 15G TOTE, HUSKY 12G … 2614937 101-6010-451.3002 49.98 03/03/2022 98775 HOME DEPOT CREDIT SERVICES LATEX-ITE 4YR AIRPORT GRADE…3020724 101-5010-431.3002 52.30 03/03/2022 98775 HOME DEPOT CREDIT SERVICES LATEX-ITE, TAPCON, DEWALT … 3521108 101-5010-431.3002 75.71 03/03/2022 98775 HOME DEPOT CREDIT SERVICES BRUSH SET, FRAMES, LINERS, … 6014336 101-6040-454.3002 119.70 03/03/2022 98775 HOME DEPOT CREDIT SERVICES WIRE CONNECTOR, LADDER, … 6280867 101-1910-419.2801 608.19 03/03/2022 98775 HOME DEPOT CREDIT SERVICES SPLICER, HOSE MENDER, CON… 6533703 101-5010-431.3002 51.70 03/03/2022 98775 HOME DEPOT CREDIT SERVICES DEWALT 55FT, DEGREASER, D… 6543915 601-5060-436.3002 296.45 03/03/2022 98775 HOME DEPOT CREDIT SERVICES ROD THREADED QTY 8 - KEMP… 7013157 101-6040-454.3002 51.55 03/03/2022 98775 HOME DEPOT CREDIT SERVICES 12PC STAKE BUNDLES, STAKES… 7974991 101-5010-431.3002 62.06 03/03/2022 98775 HOME DEPOT CREDIT SERVICES 800LB HAND TRUCK, HOSEBIB… 80255 101-6040-454.3002 173.84 03/03/2022 98775 HOME DEPOT CREDIT SERVICES POLY ROLLERS, TRAY LINER, T… 9533374 101-6040-454.3002 33.25 03/03/2022 98776 IMPACT IMAGES, INC. ROLLER BAGS, STEEL FRAME, … INV000103486 101-0000-221.0103 220210 1,134.02 03/03/2022 98777 JASON LINDQUIST 3/20/22-3/22/22 PER DIEM: 2… 02-22-2022 101-3030-423.2804 148.00 03/03/2022 98777 JASON LINDQUIST 3/20/22-3/22/22 PERSONAL C… 02-22-2022 101-3030-423.2804 111.15 03/03/2022 98778 KANE, BALLMER & BERKMAN JAN 2022 SVCS - BOND REFUN 27136 303-1250-413.2001 1,017.50 03/03/2022 98778 KANE, BALLMER & BERKMAN JAN 2022 SVCS - SA OPERAT 27137 303-1250-413.2001 907.50 03/03/2022 98778 KANE, BALLMER & BERKMAN JAN 2022 SVCS - LMPMP 27138 303-1250-413.2001 55.00 03/03/2022 98779 KIMLEY-HORN AND ASSOCIAT… JAN 2022 PROJ 195243006.3 IB…20692702 214-5000-532.2006 220131 7,015.40 03/03/2022 98779 KIMLEY-HORN AND ASSOCIAT… JAN 2022 10TH ST CLEAN CA G…20692703 101-5010-431.2104 220191 13,783.68 03/03/2022 98780 LINDE GAS & EQUIPMENT, INC. GAS TANK RENT 67875489 501-1921-419.2904 36.77 03/03/2022 98781 MAINTEX, INC. DEOD TCELL 1.0 BLUE SPSH 1CS 881668-02 101-1910-419.3002 220175 84.06 03/03/2022 98781 MAINTEX, INC. BASEBOARD SPRAY N' STRIP A… 885526-01 101-1910-419.3002 220175 4.62
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Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 03/03/2022 98781 MAINTEX, INC. GLOVE DISP PF NITRILE 1BX 885526-02 101-1910-419.3002 220175 9.00 03/03/2022 98782 MCDOUGAL LOVE BOEHMER … 01/01/22 LAW MONTHLY RET… 101407 101-1220-413.2002 220081 11,000.00 03/03/2022 98783 MEISTER SEALCOAT & SUPPLIE…1 1/2 PALLETS ASPHALT CRAC… 35901 101-5010-431.3002 3,318.70 03/03/2022 98783 MEISTER SEALCOAT & SUPPLIE…3" SWIVEL DISKS FOR CRACKS… 35963 101-5010-431.2123 504.88 03/03/2022 98784 MICHAEL BAKER INTERNATIO… JAN 2022 INV #7 PS5 & PS7 U… 1140189 601-5060-536.2006 210245 1,769.00 03/03/2022 98784 MICHAEL BAKER INTERNATIO… JAN 2022 PROJ 187363 IB 9TH …1141008 202-5016-531.2006 220153 17,856.00 03/03/2022 98785 MISSION COMMUNICATIONS, …03/01/22-02/28/23 SERVICE P… 1061551 601-5060-436.2023 563.40 03/03/2022 98786 MOST DEPENDABLE FOUNTAI… GREEN TRASH CANS W/ LIDS … INV67125 101-6020-452.2801 220206 786.00 03/03/2022 98787 NV5 INC DEC 2021 USE-21-0017 169 EV…254257 101-0000-221.0102 345.00 03/03/2022 98787 NV5 INC DEC 2021 USE-21-0047 645 FL… 254259 101-0000-221.0102 742.50 03/03/2022 98787 NV5 INC DEC 2021 USE-21-0049 1333 P…254263 101-0000-221.0102 1,000.00 03/03/2022 98787 NV5 INC DEC 2021 USE-21-0038 142 IM…254266 101-0000-221.0102 775.00 03/03/2022 98787 NV5 INC DEC 2021 USE-21-0011 980 G… 254271 101-0000-221.0102 510.00 03/03/2022 98787 NV5 INC DEC 2021 USE-21-0033 1146 F… 254272 101-0000-221.0102 585.00 03/03/2022 98787 NV5 INC NOV 2021 SERVICES BAY SHO… 254811 101-5050-435.2006 220082 2,010.00 03/03/2022 98787 NV5 INC 01/17/22-01/31/22 PRE-BID S… 255292 601-5060-536.2006 220204 11,880.00 03/03/2022 98788 OFFICE DEPOT, INC 2022 RESIDENTIAL INSPECTION…226990936001 101-3020-422.3002 57.86 03/03/2022 98788 OFFICE DEPOT, INC SHARPIE MARKERS 1PK - BULL… 227286715001 101-6010-451.3001 220136 4.24 03/03/2022 98788 OFFICE DEPOT, INC LAMINATOR - BULLOCK 227302636001 101-6010-451.3001 220136 190.95 03/03/2022 98788 OFFICE DEPOT, INC LANDSCAPE PAD QTY 2 - BULL… 227302637001 101-6010-451.3001 220136 13.90 03/03/2022 98788 OFFICE DEPOT, INC TN221 TONER - BULLOCK 227302638001 101-6010-451.3001 220136 270.78 03/03/2022 98788 OFFICE DEPOT, INC FELLOWES POWERSHRED - BU… 227302639001 101-6010-451.3001 220136 114.18 03/03/2022 98788 OFFICE DEPOT, INC AA/AAA BATTERIES QTY 6 229180104001 101-3020-422.3002 93.05 03/03/2022 98789 PETROCHEM MATERIALS INN… CIVIC CENTER PARKING LOT … 2471-2 101-5000-532.2006 220182 41,795.50 03/03/2022 98790 PRISCILLA VALDOVINOS 495 PALM AVE MONTHLY MAI… INV00012 101-6020-452.2801 90.00 03/03/2022 98790 PRISCILLA VALDOVINOS 170 AND 495 PALM AVE MON… INV00013 101-6020-452.2801 240.00 03/03/2022 98790 PRISCILLA VALDOVINOS 170 AND 495 PALM AVE MON… INV00014 101-6020-452.2801 240.00 03/03/2022 98791 PROTECTION ONE ALARM MO… MAR 2022 ALARM MONITORI… 144229795 601-5060-436.2023 220034 359.20 03/03/2022 98792 QWIK PRINTS 01/06/22 RAMIREZ, C. 22331024 101-6030-453.2006 20.00 03/03/2022 98793 READYREFRESH 01/21/22-02/20/22 PW WATE… 12B0026726646 101-5020-432.3002 174.09 03/03/2022 98794 ROBERT HALF TECHNOLOGY I.T. TEMP W/E 2/25/22 PETER … 59493218 503-1923-419.2101 2,176.00 03/03/2022 98795 ROBERT HALF/ACCOUNTEMPS FINANCE TEMP W/E 02/04/22… 59383370 101-1210-413.2101 1,599.60 03/03/2022 98795 ROBERT HALF/ACCOUNTEMPS FINANCE TEMP W/E 02/11/22… 59396678 101-1210-413.2101 1,599.60 03/03/2022 98795 ROBERT HALF/ACCOUNTEMPS FINANCE TEMP W/E 02/18/22… 59456704 101-1210-413.2101 1,439.64 03/03/2022 98796 SCHMIDT DESIGN GROUP, INC. JAN 2022 SPORTS PARK LAND… 21-409.02 214-5000-532.2006 220194 3,566.25 03/03/2022 98797 SIGNAL HILL AUTO ENTERPRIS… CAN LINER 15CS, TOILET TISSU…020742 101-6040-454.3002 1,104.35 03/03/2022 98798 SOUTH COAST EMERGENCY V… BRACKETS FOR FIRE ENGINE E-…507099 501-1921-419.2801 130.53 03/03/2022 98799 SOUTHERN AUTO SUPPLY DBA…NEW TIRE MACHINE 11098-478318 501-1921-419.2801 220180 4,132.49 03/03/2022 98799 SOUTHERN AUTO SUPPLY DBA…PARTS RETURN: AIR/FUEL FILT… 11098-478527 501-1921-419.2816 -107.60 03/03/2022 98800 SOUTHERN CALIFORNIA SHRE… 01/10/2022 PAPER SHREDDING 190697 101-1020-411.2104 24.00 03/03/2022 98801 SOUTHWEST SIGNAL JAN 2021 SIGNAL MAINTENAN…80827 101-5010-431.2104 720.00 03/03/2022 98801 SOUTHWEST SIGNAL JAN 2021 CA75 & RAINBOW C… 80828 101-5010-431.2123 220037 11.02 03/03/2022 98801 SOUTHWEST SIGNAL JAN 2021 CA75 & 7TH CABINET…80829 101-5010-431.2123 220037 11.02 03/03/2022 98801 SOUTHWEST SIGNAL JAN 2021 PALM/13TH SERVICE…80830 101-5010-431.2123 220037 193.79
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Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 03/03/2022 98801 SOUTHWEST SIGNAL JAN 2021 PALM/FLORIDA CAB… 80831 101-5010-431.2123 220037 11.02 03/03/2022 98801 SOUTHWEST SIGNAL JAN 2021 PALM/9TH SERVICE … 80833 101-5010-431.2123 220037 263.56 03/03/2022 98801 SOUTHWEST SIGNAL JAN 2021 SERVICE TECH, CABI… 80834 101-5010-431.2123 220037 58.01 03/03/2022 98801 SOUTHWEST SIGNAL JAN 2021 PALM & CA75 CABIN…80835 101-5010-431.2123 220037 11.02 03/03/2022 98801 SOUTHWEST SIGNAL OCEAN LN & EBONY AVE CON… 81457 101-6040-454.2006 220197 4,000.00 03/03/2022 98802 STC TRAFFIC, INC. JAN 2022 USE-21-0054 RAISIN… 5094-B 101-0000-221.0102 220.00 03/03/2022 98802 STC TRAFFIC, INC. JAN 2022 USE-21-0049 DEL TA… 5094-B 101-0000-221.0102 220.00 03/03/2022 98803 TARGETSOLUTIONS LEARNING,…01/01/2022-12/31/2022 ANN… INV38435 101-3030-423.2104 2,606.10 03/03/2022 98804 TBT, INC. SHERIFF STATION REAR DOOR …207933 504-1924-519.2006 220201 4,937.00 03/03/2022 98805 TRISTAR RISK MANAGEMENT JAN 2022 WC LOSS REPLENIS… 114790 502-0000-106.0300 1,676.91 03/03/2022 98806 U.S. BANK CORPORATE PAYM… JAN-FEB 2022 U.S. BANK CRED…02-22-2022 101-1210-413.2102 22,784.01 03/03/2022 98807 ULINE, INC. CHAIR AND TABLE COMBO DO… 145165529 101-0000-221.0103 543.98 03/03/2022 98808 UNDERGROUND SERVICE ALER…NEW TICKET CHARGES QTY 45,…220220334 601-5060-436.2023 220052 84.25 03/03/2022 98809 VERIZON BUSINESS SERVICES JAN 2022 CITY HALL SV202861 72119850 503-1923-419.2704 687.53 03/03/2022 98809 VERIZON BUSINESS SERVICES JAN 2022 FIRE DEPT SV202862 72120466 503-1923-419.2704 116.51 03/03/2022 98809 VERIZON BUSINESS SERVICES JAN 2022 PUBLIC WORKS SV2… 72120473 503-1923-419.2704 172.62 03/03/2022 98810 WEATHERPROOFING TECHNO… 1/31/22, 2/01/22, 2/02/22 PA… 96537182 504-1924-519.2006 220165 9,000.00 03/03/2022 98811 WEST COAST ARBORISTS 01/16/2022-01/31/2022 PALM…182401 101-6020-452.2801 220205 744.00 03/03/2022 98812 ZUMAR INDUSTRIES INC. SCHOOL CROSSING SIGNS 95881 101-5010-431.2123 2,144.06 Grand Total: 1,028,297.79
Expense Approval Report Payment Dates: 2/19/2022 - 3/4/2022 3/4/2022 8:27:21 AM Page 8 of 11
Report Summary
Fund Summary
Fund Payment Amount
101 - GENERAL FUND 915,206.16
202 - PROP "A" (TRANSNET) FUND 17,856.00
212 - SLESF (COPS) FUND 12,500.00
214 - MISCELLANEOUS GRANTS 10,581.65
303 - REDEV OBLIG RETIRE FUND 1,980.00
401 - CAPITAL IMPROVEMENT FUND 2,860.00
501 - VEHICLE REPLACEMENT/MAINT 12,305.90
502 - RISK MANAGEMENT FUND 1,676.91
503 - TECHNOLOGY/COMMUNICATIONS 8,579.48
504 - FACILITY MAINT/REPLACEMNT 13,937.00
601 - SEWER ENTERPRISE FUND 30,814.69
Grand Total: 1,028,297.79
Account Summary
Account Number Account Name Payment Amount
101-0000-221.0102 DEVELOPER DEPOSITS 4,397.50
101-0000-221.0103 MISCELLANOUS DEPOSITS 1,678.00
101-0000-338.6003 VEHICLE IMPOUND FEE -1,370.46
101-1010-411.2705 UTILITIES-CELL PHONES 231.39
101-1020-411.2006 PROFESSIONAL SERVICES 1,550.00
101-1020-411.2104 TECHNICAL SERVICES 24.00
101-1020-411.2705 UTILITIES-CELL PHONES 200.24
101-1110-412.2705 UTILITIES-CELL PHONES 190.16
101-1130-412.2006 PROFESSIONAL SERVICES 2,004.73
101-1130-412.2104 TECHNICAL SERVICES 386.00
101-1130-412.2705 UTILITIES-CELL PHONES 141.22
101-1210-413.2101 TEMPORARY STAFFING 4,638.84
101-1210-413.2102 ADMINISTRATION CHARG… 41,999.09
101-1210-413.2104 TECHNICAL SERVICES 7,000.00
101-1210-413.2705 UTILITIES-CELL PHONES 427.91
101-1220-413.2002 ATTORNEY SERVICES-OTH… 11,000.00
101-1230-413.2104 TECHNICAL SERVICES 4,000.00
101-1230-413.2705 UTILITIES-CELL PHONES 254.07
101-1910-419.2023 SECURITY & ALARM 110.00
101-1910-419.2701 GAS & ELECTRIC (SDG&E) 5,863.93
101-1910-419.2702 UTILITIES-WATER 1,270.95
101-1910-419.2705 UTILITIES-CELL PHONES 213.96
101-1910-419.2801 MAINTENANCE & REPAIR 1,583.45
101-1910-419.3002 OPERATING SUPPLIES 97.68
101-1910-419.3022 SMALL TOOLS/NON-CAPI… 2,726.08
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Account Summary
Account Number Account Name Payment Amount
101-1920-419.2017 COPIER LEASES 2,582.80
101-1920-419.2705 UTILITIES-CELL PHONES 377.64
101-3010-421.2006 PROFESSIONAL SERVICES 656,263.54
101-3020-422.2705 UTILITIES-CELL PHONES 565.21
101-3020-422.3002 OPERATING SUPPLIES 684.27
101-3030-423.2104 TECHNICAL SERVICES 5,906.10
101-3030-423.2705 UTILITIES-CELL PHONES 1,329.98
101-3030-423.2804 TRAVEL, TRAINING, MEET… 259.15
101-3040-424.2016 PLAN CHECK SERVICES 710.57
101-3040-424.2705 UTILITIES-CELL PHONES 485.30
101-3070-427.2104 TECHNICAL SERVICES 250.00
101-3070-427.2705 UTILITIES-CELL PHONES 335.97
101-5000-532.2006 PROFESSIONAL SERVICES 51,284.94
101-5010-431.2104 TECHNICAL SERVICES 22,007.60
101-5010-431.2123 TRAFFIC CONTROL 3,348.26
101-5010-431.2701 GAS & ELECTRIC (SDG&E) 12,494.97
101-5010-431.2705 UTILITIES-CELL PHONES 504.53
101-5010-431.2801 MAINTENANCE & REPAIR 6,309.00
101-5010-431.3002 OPERATING SUPPLIES 3,645.12
101-5020-432.2503 RENT-UNIFORMS 537.86
101-5020-432.2705 UTILITIES-CELL PHONES 446.69
101-5020-432.3002 OPERATING SUPPLIES 174.09
101-5040-434.2104 TECHNICAL SERVICES 3,109.54
101-5040-434.2904 OTHER SERVICES & CHAR… 4,575.00
101-5050-435.2006 PROFESSIONAL SERVICES 27,595.78
101-5050-435.2705 UTILITIES-CELL PHONES 70.17
101-6010-451.2104 TECHNICAL SERVICES 2,625.00
101-6010-451.2702 UTILITIES-WATER 46.96
101-6010-451.2705 UTILITIES-CELL PHONES 523.95
101-6010-451.2807 ADVERTISING 650.00
101-6010-451.3001 OFFICE SUPPLIES 1,019.66
101-6010-451.3002 OPERATING SUPPLIES 49.98
101-6020-452.2104 TECHNICAL SERVICES 219.90
101-6020-452.2701 GAS & ELECTRIC (SDG&E) 875.53
101-6020-452.2702 UTILITIES-WATER 4,135.51
101-6020-452.2705 UTILITIES-CELL PHONES 310.46
101-6020-452.2801 MAINTENANCE & REPAIR 2,181.76
101-6030-453.2006 PROFESSIONAL SERVICES 20.00
101-6030-453.2705 UTILITIES-CELL PHONES 76.02
101-6030-453.3002 OPERATING SUPPLIES 56.37
101-6040-454.2006 PROFESSIONAL SERVICES 4,000.00
101-6040-454.2705 UTILITIES-CELL PHONES 257.29
Expense Approval Report Payment Dates: 2/19/2022 - 3/4/2022 3/4/2022 8:27:21 AM Page 10 of 11
Account Summary
Account Number Account Name Payment Amount
101-6040-454.3002 OPERATING SUPPLIES 1,684.95
202-5016-531.2006 PROFESSIONAL SERVICES 17,856.00
212-3036-421.2006 PROFESSIONAL SERVICES 12,500.00
214-5000-532.2006 PROFESSIONAL SERVICES 10,581.65
303-1250-413.2001 ATTORNEY SERVICES 1,980.00
401-5020-532.2006 PROFESSIONAL SERVICES 2,860.00
501-1921-419.2705 UTILITIES-CELL PHONES 61.85
501-1921-419.2801 MAINTENANCE & REPAIR 4,263.02
501-1921-419.2813 FEES & LICENSES 280.00
501-1921-419.2815 VEHICLE OPERATE-FUEL/O… 6,863.78
501-1921-419.2816 VEHICLE OPERATE-PARTS… 212.15
501-1921-419.2904 OTHER SERVICES & CHAR… 477.28
501-1921-419.3002 OPERATING SUPPLIES 147.82
502-0000-106.0300 RESERVE 1,676.91
503-1923-419.2101 TEMPORARY STAFFING 6,258.00
503-1923-419.2104 TECHNICAL SERVICES 828.08
503-1923-419.2704 UTILITIES-TELEPHONE 1,268.12
503-1923-419.2705 UTILITIES-CELL PHONES 225.28
504-1924-519.2006 PROFESSIONAL SERVICES 13,937.00
601-5060-436.2023 SECURITY & ALARM 1,246.85
601-5060-436.2701 GAS & ELECTRIC (SDG&E) 3,493.60
601-5060-436.2702 UTILITIES-WATER 1,658.13
601-5060-436.2705 UTILITIES-CELL PHONES 333.39
601-5060-436.2801 MAINTENANCE & REPAIR 3,107.27
601-5060-436.2813 FEES & LICENSES 1,630.00
601-5060-436.3002 OPERATING SUPPLIES 296.45
601-5060-536.2006 PROFESSIONAL SERVICES 19,049.00
Grand Total: 1,028,297.79
Project Account Summary
Project Account Key Payment Amount
**None** 873,962.92
1265-DEP 775.00
21-0011-DEP 510.00
21-0017-DEP 345.00
21-0033-DEP 585.00
21-0047-DEP 742.50
21-0049-DEP 1,220.00
21-0054-DEP 220.00
F20112-P 9,489.44
F22102-P 4,937.00
Expense Approval Report Payment Dates: 2/19/2022 - 3/4/2022 3/4/2022 8:27:21 AM Page 11 of 11
Project Account Summary
Project Account Key Payment Amount
F22104-F 9,000.00
F22104-PRKG 41,795.50
GRT064-EXP 3,575.00
R13105-P 55.00
S20109-ARPA 7,015.40
S21101-TRANSNET 17,856.00
S22102-P 2,860.00
SP1306-P 907.50
SP2007-MISC 1,678.00
SP2104-P 25,585.78
SP2106-P 1,017.50
SP2108-P 1,550.00
SP22101-SPORT 3,566.25
W21107-P 19,049.00
Grand Total: 1,028,297.79
P a g e | 1
March 16, 2022
ITEM TITLE: RESOLUTION NO. 2022-14 AUTHORIZING REMOTE
TELECONFERENCE MEETINGS AS NEEDED DURING THE COVID-19 LOCAL AND
STATE EMERGENCY PURSUANT TO BROWN ACT PROVISIONS
ORIGINATING DEPARTMENT:
City Manager
EXECUTIVE SUMMARY:
California’s Ralph M. Brown Act was amended by AB 361 to allow fully virtual public meetings during a state of emergency pursuant to certain requirements. The attached resolution makes the required findings under the amended Brown Act to allow the City to continue to hold all, or partially, virtual public meetings of the City Council and the City's advisory boards as necessary during the continued state of emergency. This Resolution does not mandate that all public meetings be virtual public meetings; it merely lays the framework to allow for all virtual or partially virtual public meetings during this pandemic as needed for public health and safety purposes. Resolution 2022-14 extends the prior Resolutions adopted by the City Council and will need to be revisited and potentially be extended every 30 days.
RECOMMENDATION:
Approve Resolution 2022-14.
OPTIONS:
Approve Resolution 2022-14; or
Provide additional direction to the City Manager.
BACKGROUND/ANALYSIS:
California’s Ralph M. Brown Act was recently amended by AB 361 to allow fully virtual public meetings during a state of emergency. The Executive Orders that allowed virtual public meetings without the strict Brown Act requirements during the COVID-19 emergency expired on September 30, 2021. AB 361 went into effect immediately, and it amended Section 54953 of the Brown Act to allow virtual public meetings through January 1, 2024 in any of the following circumstances:
The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
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The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
These circumstances allow public agencies to hold entirely virtual and partially virtual public meetings during the current pandemic while California is in a proclaimed state of emergency. If a public meeting is held virtually under the new provisions of AB 361, the agenda must still be posted under the appropriate timelines: 72 hours in advance for a regular board meeting, and 24 hours in advance for a special meeting. The agenda must include the meeting link or dial-in, so that members of the public may access the meeting electronically. Also, the following are requirements under AB 361 for public comments during virtual meetings (which the City of Imperial Beach has already been doing even before AB 361 went into effect):
Members of the public must be allowed to directly address the legislative body or board in real-time during the meeting.
Legislative bodies or boards can no longer require public comments to only be submitted in advance.
When legislative bodies or boards use agenda items with timed public comment periods, they must allow those time limits to expire before closing public comment. When legislative bodies or boards take public comment separately on each agenda item, they must allow a reasonable amount of time per agenda item. In the event the meeting broadcast is disrupted, or if a technical issue on the agency’s end disrupts public comment, the legislative body or board cannot take any further action on the agenda until the technical issue is resolved.
Most significantly, to continue to hold virtual meetings under AB 361 when a state of emergency remains active, the legislative body/board must make findings every 30 days that:
1. The legislative body/board has reconsidered the circumstances of the state of emergency; and
2. The state of emergency continues to directly impact the ability of the members to meet safely in person or state or local officials continue to impose or recommend measures to promote social distancing.
On October 6, 2021, the Council approved Resolution 2021-62 pursuant to AB 361 to allow for remote meetings and has approved a new resolution at least every 30 days. The attached Resolution includes the necessary findings to allow the Council, and all of its advisory committees, to extend the authorization to continue to meet all or partially in a virtual mode while this local and state emergency continues. The attached Resolution shows that the Council did reconsider the resolutions approved previously to allow for this process in the first place. The resolution includes the fact that the State of California and the City declared emergencies in March of 2020 and that those emergency declarations are still in effect.
Additionally, local conditions still require necessary precautions related to COVID-19 because state and/or local officials have imposed or recommended measures to promote social distancing, such as when there have been recent exposures to COVID-19 positive individuals or persons are experiencing any symptoms of illness. Also, having the legislative bodies of the City conduct inPage 34 of 180 P a g e | 3
person meetings at this time could present imminent risks to the health and safety of attendees due to the small size of the Council meeting room, the unknown number of attendees, the potential need for booster shots, the contagious nature of the Delta and Omicron variants and other COVID19 variants, the unknown vaccination status of members of the public who might attend meetings, and the need for a specific number of members to be present during a meeting to have a quorum for the conduct of business. This Resolution does not mandate that all public meetings be virtual public meetings; it merely lays the framework to allow for all virtual or partially virtual meetings during this pandemic.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT:
No fiscal impact associated with this report.
ATTACHMENT:
1. Resolution No. 2022-14
ATTACHMENT 1
RESOLUTION NO. 2022-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH AUTHORIZING
ALL OR PARTIAL REMOTE TELECONFERENCE MEETINGS OF ALL CITY LEGISLATIVE BODIES AS NEEDED DURING THE COVID-19 LOCAL AND STATE EMERGENCY PURSUANT TO BROWN ACT PROVISIONS.
WHEREAS, the City of Imperial Beach (“City”) is committed to preserving and nurturing public access and participation in meetings of the City Council and advisory bodies; and WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (“Brown Act” Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and observe the bodies conduct their business; and WHEREAS, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body and the public, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, this exception applies when a state of emergency is declared by the pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or human-caused disasters; and WHEREAS, it is further required that state and/or local officials have imposed or recommended measures to promote social distancing, and, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, such conditions now exist in the City, specifically, a state of emergency was proclaimed on March 4, 2020 by the Governor of the State of California as a result of the threat of COVID-19, and the City of Imperial Beach proclaimed a local state of emergency related to COVID-19 on March 12, 2020 that has been continued regularly thereafter as required by law; and
WHEREAS, orders from state and/or local officials recommend social distancing measures that preclude in-person meetings to prevent imminent risk to health and safety of attendees as a result of COVID-19; and
WHEREAS, the City Council does hereby find that the imminent risk of COVID-19 has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and desires to affirm its declaration of the local emergency and ratify the proclamation of state of emergency by the Governor of the State of California; and WHEREAS, as a consequence of the local emergency, the City Council does hereby find that the legislative bodies of the City of Imperial Beach, as defined in the Brown Act, shall conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and
Resolution No. 2022-14
WHEREAS, the agendas for all meetings of the City’s legislative bodies shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option and provide a method for real-time public comments as required by law; and WHEREAS, the Council approved the initial resolution pursuant to Government Code section 54953(e) on October 6, 2021 and has voted to extend such provisions at least every 30 days since then.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH THAT:
1. Recitals. The recitals set forth above are true and correct and are incorporated into this Resolution as findings.
2. Proclamation of Local Emergency. The City Council hereby affirms that a local emergency now exists throughout the City due to COVID-19 as provided in various City resolutions approved in 2020, 2021, and 2022 and incorporates herein all such resolutions by reference.
3. Ratification of Governor’s Proclamation of a State of Emergency. The City Council hereby ratifies the Governor’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.
4. Reconsideration and Safety. The City Council has reconsidered the circumstances of this state of emergency. The Council finds that the state of emergency continues to directly impact the ability of the members to meet safely in-person, especially due to the Omicron variant and recent holiday surge in cases. The City Council finds that state and/or local officials have imposed or recommended measures to promote social distancing. The City Council further finds that having the legislative bodies of the City conduct in-person meetings at this time would present imminent risks to the health and safety of attendees due to the small size of the Council chambers, the unknown number of attendees, the potential need for booster shots, the contagious nature of the Omicron variant and other COVID-19 variants, the unknown vaccination status of members of the public who might attend meetings, and the need for a specific number of councilmembers to be present during a meeting to have a quorum for the conduct of business.
5. Remote Teleconference Meetings. The City Manager, or designee, and the legislative bodies of the City of Imperial Beach are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) as needed and other applicable provisions of the Brown Act.
6. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption. The City Council may extend the terms of this Resolution as required by law every 30 days.
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:
Resolution No. 2022-14
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
SERGE DEDINA, MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
P a g e | 1
March 16, 2022
ITEM TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH,
CALIFORNIA, CONTINUING THE PROCLAMATION OF A STATE OF AN ONGOING LOCAL EMERGENCY RELATED TO COVID-19
ORIGINATING DEPARTMENT:
City Manager
EXECUTIVE SUMMARY:
On March 12, 2020, the City’s Director of Emergency Services proclaimed the existence of a local emergency within the City, and on March 16, the City Council approved Resolution No. 2020-13 to ratify the proclamation of the City’s Director of Emergency Services. The law requires that the local emergency declaration be reviewed periodically. The Council has reviewed the need for and approved resolutions periodically since March 2020 to continue the ongoing state of emergency.
The local emergency related to COVID-19 continues to exist, and the attached resolution is before the Council to declare the continuation of the local state of emergency.
RECOMMENDATION:
Approve Resolution No. 2022-15
OPTIONS:
Approve resolution; or
Provide direction to the City Manager.
BACKGROUND/ANALYSIS:
Since the City Council approved Resolution No. 2020-13 on March 16, 2020, the COVID-19 emergency has continued. The Health Officer of the County of San Diego issued the current Limited Order of the Health Officer and Emergency Regulations which delineates its current regulations.
The number of cases throughout the County, State, and country still increase on a daily basis, especially due to variants. COVID-19 therefore has and will continue to cause conditions of peril to the health, safety, and welfare of persons and property in the City.
Preparing for, responding to, mitigating, and recovering from the spread of COVID-19 requires the City to divert resources from normal day-to-day operations and alter normal day-to-day operations. The City needs the ability to take all necessary actions to comply with all County, State and Federal orders as applicable. City Staff believes that the response to COVID-19 has and will continue to impose extraordinary requirements on and expenses to the City which will be
beyond the control of the services, personnel, equipment, and facilities of the City of Imperial Beach.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT: unknown
ATTACHMENT
1. Resolution No. 2022-15
ATTACHMENT 1
RESOLUTION NO. 2022-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA,
CONTINUING THE PROCLAMATION OF A STATE OF AN ONGOING LOCAL EMERGENCY RELATED TO COVID-19
WHEREAS, the novel coronavirus (COVID-19) is a respiratory disease that may result in serious illness or death and is easily transmissible from person to person; and WHEREAS, on January 31, 2020, the United States Department of Public Health and Human Services Secretary Alex Azar declared a public emergency for COVID-19 beginning on January 27, 2020; and
WHEREAS, on February 14, 2020, the San Diego County Public Health Officer determined that there is a potential threat of introduction of COVID-19 in San Diego County and declared a Local Health Emergency; and
WHEREAS, on February 19, 2020, the County Board of Supervisors ratified the Declaration of Local Health Emergency; and
WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a state of emergency in the State of California due to the number of confirmed cases of COVID-19 in the State; and WHEREAS, on March 11, 2020, the World Health Organization declared the COVID-19 outbreak a global pandemic; and
WHEREAS, on March 11, 2020, the California Department of Public Health issued a policy to cancel or postpone large gatherings through the month of March in the State of California; and WHEREAS, on March 12, 2020, the San Diego County Public Health Officer issued an Order to ban large gatherings in the County of San Diego from March 13, 2020 through March 31, 2020 and announced that there were at least 6 positive cases of COVID-19 in the County along with at least one from community transmission; and WHEREAS, section 2.52.060 of the Imperial Beach Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; and
WHEREAS, on March 12, 2020, the City’s Director of Emergency Services proclaimed the existence of a local emergency within the City; and
WHEREAS, on March 16, the City Council approved Resolution No. 2020-13 to ratify the proclamation of the City’s Director of Emergency Services and has voted to extend the emergency in April and May of 2020; and
WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive Order N-33-20 ordering all individuals to stay at home with the exception of those providing essential services or for essential needs with no specific end date; and WHEREAS, the Health Officer of the County of San Diego has issued the current limited Order of the Health Officer and Emergency Regulations which delineates its current regulations; and
Resolution No. 2022-15
WHEREAS, according to the Centers for Disease Control and Prevention (CDC) and public health officials in the County of San Diego there have been numerous deaths attributed to COVID-19 in the United States and throughout San Diego County and the infection cases and death toll are increasing over time; and
WHEREAS, the case numbers and death numbers continue to rise in San Diego County, especially in light of the Omicron variant and the recent post-holiday surge; and WHEREAS, pursuant to Health and Safety Code section 12175.5(b) and the Order of the Health Officer and Emergency Regulations (“County Order”) issued by the Health Officer of the County of San Diego, all government entities in San Diego County are required to take necessary measures within the government entity’s control to ensure compliance with the County Order; and
WHEREAS, COVID-19 therefore has and will continue to cause conditions of peril to the health, safety, and welfare of persons and property in the City; and WHEREAS, preparing for, responding to, mitigating, and recovering from the spread of COVID-19 requires the City to divert resources from normal day-to-day operations; alter normal day-to-day operations; includes the potential isolation and quarantine of various persons, including but not limited to City employees; and the City will need the ability to take all necessary actions to comply with all County, State and Federal orders as applicable; and WHEREAS, the response to COVID-19 has and will continue to impose extraordinary requirements on and expenses to the City which will be beyond the control of the services, personnel, equipment, and facilities of the City of Imperial Beach; and WHEREAS, the City Council hereby finds that the above described conditions related to the COVID-19 outbreak do warrant and do necessitate the continuation of a local emergency in Imperial Beach.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach as follows:
1. The above-listed findings are true and correct.
2. The local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Imperial Beach.
3. During the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by State laws, and the ordinances, resolutions, policies, MOU’s and orders of this City, and by the City of Imperial Beach Emergency Plan.
4. As required by law, the City Council shall review the need to continue the state of emergency until this resolution is terminated.
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:
Resolution No. 2022-15
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
SERGE DEDINA, MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
P a g e | 1
March 16, 2022
ITEM TITLE: SECOND READING AND ADOPTION OF ORDINANCE NO. 2022-1208 ADOPTING BOUNDARIES FOR CITY COUNCIL DISTRICTS FOLLOWING THE 2020 DECENNIAL FEDERAL CENSUS AND PURSUANT TO THE FAIR MAPS ACT.
ORIGINATING DEPARTMENT:
City Clerk
EXECUTIVE SUMMARY:
Every ten years, cities with geographic election districts (including Imperial Beach) must use new census data to review and, if needed, redraw district lines to reflect how local populations have changed. This process, referred to as redistricting, ensures each district has a nearly equal population as the other districts. Using new 2020 Census data and the requirements of California’s new “Fair Maps Act” law, it has been determined that the existing district election areas in Imperial Beach are still balanced. On October 20, 2021, City Council held the first of four public hearings and received a report from National Demographics Corporation (NDC), the City’s demographic consultant, regarding the redistricting process and permissible criteria to be considered to retain or redraw district boundaries.
RECOMMENDATION:
It is recommended that the City Council conduct the second reading and adopt Ordinance No. 2022-1208 by title only and waive further reading.
OPTIONS:
Conduct the second reading and adopt Ordinance No. 2022-1208 by title only and waive further reading.
Request additional information from staff or the City's demographic consultant Provide direction to the City Manager to take an alternative action BACKGROUND/ANALYSIS:
The City adopted its current district boundaries on December 5, 2018, based on 2010 census data as required by law. On September 27, 2021, the State of California posted the prisoneradjusted 2020 Census data per Elections Code 21003. For California cities, these figures are deemed to be the final numbers to balance in the redistricting process (Elections Code 21601).
NDC processed these numbers for the current Imperial Beach Council election districts (Attachment 1). NDC finds that the City's current population deviation - the difference between the most populous and least populous districts - is 9.1%. This value is within the 10% threshold where a map is considered "presumptively constitutional" (Harris v Arizona Independent Redistricting Commission), and thus the districts do not need to be redrawn to comply with the federal equal population requirement.
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In October 2019, Assembly Bill No. 849, known as the Fair Maps Act, was approved which now requires cities to ensure maps comply with set redistricting criteria. AB 849 further outlines the specified steps a jurisdiction must take to encourage public participation of its residents and the deadlines for the adoption of new boundaries by a governing body. If the City Council finds the current districts meet the requirements of California's new "Fair Maps Act," the election district lines may be retained at the conclusion of the Fair Maps Act hearing and outreach process. The redistricting process for the City of Imperial Beach must be completed by April 17, 2022.
Fair Maps Act:
Under the Act, the City Council shall draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21601(c) for general law cities / 21621(c) for charter cities):
1. Comply with the federal requirements of equal population and the Voting Rights Act
2. Geographically contiguous
3. Undivided neighborhoods and “communities of interest” (socio-economic geographic areas thatshould be kept together)
4. Easily identifiable boundaries
5. Compact (do not bypass one group of people to get to a more distant group of people)
6. Shall not favor or discriminate against a political party Once the prioritized criteria are met, other traditional districting principles can be considered, such as:
1. Minimize the number of voters delayed from voting in 2022 to 2024
2. Respect voters’ choices / continuity in office
3. Future population growth
To comply with the Fair Maps Act, cities should hold at least four public hearings that enable communitymembers to provide input on the drawing of district maps. At least one hearing must occur before the city prepares draft maps. At least two hearings must happen after the draft maps have been prepared. City staff or consultants may hold a public workshop instead of one of the required publicredistricting hearings.
To increase the accessibility of these hearings, cities must take the following steps:
At least one hearing must occur on a Saturday, Sunday, or after 6 p.m. on a weekday. (This requirement was satisfied at the 10-20-21 City Council meeting) If a redistricting hearing is consolidated with another local government meeting, the redistrictinghearing portion must begin at a pre-designated time. Local public redistricting hearings should be made accessible to people with disabilities.
The first of four public hearings was held on October 20, 2021 for the purpose of informing the public about the districting process and to hear from the community on what factors should be taken into consideration when evaluating current districts and considering potential changes to them. Because the census results showed that the recently adopted districts are still populationbalanced, the City Council expressed an interest in retaining the existing map and to conduct the four-public hearing process to encourage and provide several opportunities for the public to offer input regarding the composition of the current Council election district boundaries. The City met the four public hearing requirement by holding public hearings on October 20, 2021, November
P a g e | 3
17, 2021, February 16, 2022, and March 2, 2022. The public was encouraged to provide input regarding communities of interest and other local factors as well as feedback about the current district map. A community of interest under the relevant Elections Code for cities (Section 21601(c) / 21621(c)] is “a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation.” City Council conducted the first reading and introduction of Ordinance No. 2022-1208 on March 2, 2022.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT:
No fiscal impact associated with this report.
ATTACHMENTS:
Att 1 Ordinance No. 2022-1208 with Exhibit A (Final Map) Att 2 Population by District
Att 3 10-20-21 Presentation by NDC
ORDINANCE 2022-1208
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH,
CALIFORNIA ADOPTING BOUNDARIES FOR CITY COUNCIL DISTRICTS FOLLOWING THE 2020 DECENNIAL FEDERAL CENSUS AND PURSUANT TO THE
FAIR MAPS ACT
WHEREAS, on December 5, 2018, following the required public hearings regarding adopting a by-district method of election and choosing a voting district map, the City adopted Ordinance No. 2018-1178 (i) amending Imperial Beach Municipal Code (IBMC) to transition from an at large method of election to a by-district method of election and (ii) adopting a City Council voting district map, attached to Ordinance No. 2018-1178 as Exhibit A;
WHEREAS, the City is required by state law to undertake a redistricting process following the results of the decennial census, pursuant to the Fair Maps Act generally, and Government Code section 21601 et seq. specifically; WHEREAS, following the 2020 census results, which showed minimal changes in the City’s population, the voting district map adopted in 2018 remains in full compliance with all applicable law, including substantially equal population and all the other factors set forth in Government Code section 21601;
WHEREAS, the City Council has held all the hearings required by Government Code section 21607.1 and has complied with all outreach requirements set forth in Government Code section 21608; and
WHEREAS, the City Council has determined, based on analysis from City staff, a third party demographer, and public comment, that it is in the best interest of the City to re-adopt the existing voting district map (Ex. A to Ordinance No. 2018-1178), which is attached hereto as Exhibit A.
NOW, THEREFORE, the City Council of the City of Imperial Beach, California, does ordain as follows:
Section 1: The above-listed recitals are true and correct, have served as a basis for the findings, and are a substantive part of this Ordinance.
Section 2: The map attached hereto as Exhibit A is hereby adopted as the City Council voting district map for the City of Imperial Beach.
Section 3: SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Imperial Beach hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, Attachment 1
Ordinance 2022-1208
March 2, 2022
irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
Section 4: INCONSISTENCIES
To the extent the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof.
Section 5: INTERPRETATION
In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purposes.
Section 6: FURTHER ACTIONS
The City Clerk is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, of the residence of elected officials within any district. The City Clerk must consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary and advise the City Council of any such adjustments required in the implementation of the districts.
EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of Imperial Beach shall cause this Ordinance to be published pursuant to state law.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Imperial Beach, California on the 2nd day of March 2022; and THEREAFTER ADOPTED at a regular meeting of the City Council of the City of Imperial Beach, California on the 16th day of March, 2022, by the following vote:
AYES: Councilmembers –
NOES: Councilmembers –
ABSTAIN: Councilmembers –
ABSENT: Councilmembers –
Ordinance 2022-1208
March 2, 2022
__________________________________
Serge Dedina, Mayor
ATTEST:
__________________________
Jacqueline Kelly, City Clerk
APPROVED AS TO FORM:
_________________________
Jennifer M. Lyon, City Attorney
1 2
3 4
Tower Rd
Iris Ave
Hickory Ct
Downing St
Citrus Ave
Bonito Ave
7th St
Gatlin St
8 ht St
State
Rt 75
Oneonta Ave
Dahlia Ave
Elm
Ave
Hemlock Ave
Caspian Way
Calla Ave
Lexington St
Holly Ave
Delaware St
C St Cherry Ave Carnation Ave
Spruce St
Donax Ave
Thorn St
Imperial Beach Blvd
Elkwood Ave
Evergreen Ave
Ebony Ave
Elder Ave
5 ht St
Cali of rnia St
Louden Ln
East Ln
Connecticut St
A St
3rd St
Cypress Ave
Butler St
Date Ave
11 ht St
Daisy Ave
14th St
Hwy 75
12th St
Florence St
Georgia St
15th St
Granger St
Beverly
Ave
13th St
Emory St
F ol r di a St
Holly Ave
Essex St
Seacoast Dr
Saratoga St
Ocean Ln
10th St
Florence St
12th St
9 ht St
7 ht St
Florida St
De al ware St
8th St
13th St
11th St
B St
Palm
Ave
Fern Ave
Emory St
Palm
Ave
4th St
Calla Ave
5th St
Arriba Ave
Ivy Ln
State Rt 75
Coronado Ave
4th St
Silver Strand Blvd
Seacoast Dr
Sea Park Dr
Corv ni a S
2 t
nd St
Blvd
Ave
Alabama St
Rainbow Dr
10th St Sea View Dr
Imperial Beach Blvd
C
ortez Ave
Encina Ave
Basswood Ave
Donax Ave
Ebony Ave
Elder Ave
Elm
Ave
Beach Ave
Lark Way
Admiralty
Wa
y
Elm
Ave
Grove Ave
Iris Ave
Surfbird Ln
Satellite Blvd
A yl
Jason St
Ionian St
National Demographics Corporation, February 3, 2022 �2021 CALIPER Exhibit A to Ord. No. 2022-1208
Imperial Beach - Existing D tricts
District 1
Total Pop 6,701
Deviation from ideal 143
% Deviation 2.18%
% Hisp 59.1%
% NH White 25%
% NH Black 5%
% Asian-American 7%
Total 4,305
% Hisp 54%
% NH White 30%
% NH Black 9%
% Asian/Pac.Isl. 6%
Total 3,470
% Latino est. 56%
% Spanish-Surnamed 51%
% Asian-Surnamed 1%
% Filipino-Surnamed 2%
% NH White est. 35%
% NH Black 9%
Total 2,278
% Latino est. 52%
% Spanish-Surnamed 48%
% Asian-Surnamed 1%
% Filipino-Surnamed 2%
% NH White est. 37%
% NH Black 9%
Total 1,330
% Latino est. 47%
% Spanish-Surnamed 45%
% Asian-Surnamed 1%
% Filipino-Surnamed 2%
% NH White est. 39%
% NH Black est. 10%
ACS Pop. Est. Total 6,550
age0-19 28%
age20-60 57%
age60plus 15%
immigrants 20%
naturalized 51%
english 49%
spanish 47%
asian-lang 3%
other lang 1%
Language Fluency Speaks Eng. "Less than Very Well" 13%
hs-grad 56%
bachelor 10%
graduatedegree 2%
Child in Household child-under18 34%
Pct of Pop. Age 16+ employed 72%
income 0-25k 17%
income 25-50k 34%
income 50-75k 28%
income 75-200k 18%
income 200k-plus 3%
single family 45%
multi-family 55%
rented 84%
owned 16%
Total population data from the 2020 Decennial Census.
Surname-based Voter Registration and Turnout data from the California Statewide Database.
Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 6,784
226
3.45%
48%
38%
3%
6%
4,304
36%
48%
6%
9%
4,094
39%
36%
1%
2%
55%
5%
3,125
35%
33%
1%
2%
58%
5%
2,173
31%
29%
1%
2%
62%
4%
6,461
26%
56%
19%
19%
53%
60%
34%
4%
2%
14%
55%
15%
8%
33%
67%
25%
25%
18%
29%
4%
66%
34%
66%
34%
3 6,558
0.00%
35%
49%
4%
8%
5,847
29%
50%
7%
12%
3,876
28%
26%
1%
2%
63%
8%
3,145
25%
24%
1%
1%
65%
7%
2,262
21%
20%
1%
1%
69%
7%
7,865
26%
54%
19%
14%
55%
74%
22%
3%
1%
7%
47%
19%
17%
25%
55%
13%
24%
14%
44%
5%
58%
42%
50%
50%
4 6,187
-371
-5.66%
63%
20%
4%
10%
3,538
55%
24%
7%
12%
3,120
57%
52%
1%
3%
33%
10%
2,070
52%
48%
1%
3%
38%
8%
1,190
46%
43%
1%
3%
41%
10%
6,563
31%
59%
11%
32%
42%
34%
54%
9%
2%
23%
50%
13%
2%
41%
68%
19%
34%
21%
26%
1%
48%
52%
83%
17%
Total
26,230
597
9.10%
51%
33%
4%
8%
17,994
42%
40%
7%
10%
14,560
44%
40%
1%
2%
48%
8%
10,618
39%
36%
1%
2%
52%
7%
6,955
33%
32%
1%
2%
56%
7%
27,440
28%
56%
16%
21%
49%
55%
39%
5%
2%
14%
52%
14%
8%
33%
65%
18%
29%
20%
30%
3%
55%
45%
69%
31%
10/06/2021 20:36 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
0 is Attachment 2
City of Imperial Beach
Public Hearing #1
KljȠȅLjǓȖࢱࢳॹࢲࢳࢱࢳ Shannon Kelly
National Demographics Corporation Page 81 of 296
Attachment
3
4 What is Redistricting?
Every 10 years, local governments use new data from the census to redraw their district lines to reflect how local populations have changed. Cities must ensure that their district boundaries continue to be in population balance. If districts are out of balance, they must be adjusted or redrawn to bring them into balance.The primary goal when developing election districts is to draw lines that respect neighborhoods, history and geographical elements. The final map of districts will be used for Imperial Beach’s City Council elections for the next 10 years starting in 2022.
5 Why Are We Doing this Again so Soon?
Every 10 years the federal government conducts a census and each City must update its election districts to reflect the latest population counts.Imperial Beach went through a process to move to council districts in 2018. District maps were drawn in 2018 using 2010 population counts. The first election using these districts was 2020.The California adjusted 2020 census data shows that the current districts are in balance.The Fair Maps Act was passed in 2019 to govern how cities conduct redistricting.
Equal Population
Federal Voting Rights ActNo Racial Gerrymandering
Minimize voters shifted to different election yearsRespect voters’ choices / continuity in officeFuture population growthPreserving the core of existing districts
1. Federal Laws 2. California Criteria for Cities
1. Geographically contiguous2. Undivided neighborhoods and “communities of interest” (Socio-economic geographic areas that should be kept together)3. Easily identifiable boundaries4. Compact(Do not bypass one group of people to get to a more distant group of people)Prohibited:“Shall not favor or discriminate against a political party.”
3. Other Traditional
Redistricting Principles
Redistricting Rules and Goals
6 Page 84 of 296
Current District Map
7 Analysis of California adjusted census data indicates that the current Imperial Beach districts are balanced per federal equal population guidelines
Imperial Beach – Overview
8 District
Estimated 2020
Population
Deviation from
Ideal % Deviation
1 6,701 143 2.18%2 6,784 226 3.45%3 0 6,558 0.00%4 6,187 -371 -5.66% Total 26,230 597 9.10%
CVAP
1 2
3 4 Total
% His 54% 36% 29% 55% 42%% NH White 30% 48% 50% 24% 40%% NH Black 9% 6% 7% 7% 7%% Asian/Pac Isl 6% 9% 12% 12% 10%Total 4305 4304 5847 3538 17,994 A deviation range less than 10% has generally been considered balanced by the Courts
Options for the City Council
Because the current Imperial Beach districts have a population deviation range of less than 10%, they are considered to be balanced and do not need to be redrawn to comply with the federal equal population requirement. If the City Council finds that current districts meet the requirements of California’s new Fair Maps Act, the election district lines may be kept as-is at the conclusion of the Fair Maps Act hearing and outreach process.The City’s options are:ࣻ Continue through the hearing process and re-adopt the current map at the end
ࣻ Request additional draft maps to consider through the hearing process 9 Page 87 of 296
City of Imperial Beach Proposed
Redistricting Timeline
10 Month(s) Event
Census Data Release
August 12
Census Bureau released official 2020 Census population data California Data Release
September 20/27
California released official “prisoner adjusted” redistricting data on September 20Due to significant errors in the data file, data was re-released data on September 27 Public Hearing #1
October 20
Public hearing to allow members of the public to learn about redistricting process and census data and provide feedback on communities of interest Review of options for City Council given “balanced data” Public Hearing #2
November 17
Hear public testimony about existing map and communities of interest Public Hearing #3
TBD
Hear public testimony about existing map
Public Hearing #4
March 2, 2022
Solicit final public testimonyDiscuss and adopt recommended final map April 17, 2022 (Election Minus 205)
Statutory deadline to adopt map ordinance
Defining Neighborhoods
1st Question: What is your neighborhood?
2nd Question: What are its geographic boundaries?
Examples of physical features defining a neighborhood boundary:
Natural neighborhood dividing lines, such as highway or major roads, rivers, canals and/or hills
Areas around parks or schools Other neighborhood landmarks 11 Page 89 of 296
Beyond Neighborhoods: Communities
Under the California Elections Code, “community of interest” has a very specific definition in the context of districting and redistricting cities and counties:A “community of interest” is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation.
Communities of interest do not include relationships with political parties, incumbents, or political candidates. (emphasis added)
12 Page 90 of 296
Beyond Neighborhoods:
Defining Communities of Interest
1st Question: What defines your community?
Geographic Area, plus Shared issue or characteristic Shared social or economic interest Impacted by county policies Tell us “your community’s story”
2nd Question: Would this community benefit from being “included within a single district for purposes of its effective and fair representation”? Or would it benefit more from having multiple representatives? Definitions of Communities of Interest may not include relationships with political parties, incumbents, or political candidates. 13 Page 91 of 296
What’s Next
14 Public Hearing:ࣻ What are important communities of interest in Imperial Beach that should be kept together to ensure “effective and fair representation?” ࣻ How well do the current districts serve the needs of
the City of Imperial Beach?
For more information and to stay up-to-date on Imperial Beach’s redistricting efforts, please visit:Redistricting - Imperial Beach, CA (imperialbeachca.gov)
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March 16, 2022
ITEM TITLE: APPROVE RESOLUTION 2022-16 UPDATING THE CITY OF IMPERIAL BEACH
AUTHORIZED SIGNATORIES WITH THE LOCAL AGENCY INVESTMENT FUND (LAIF) OF
THE CALIFORNIA STATE TREASURY
ORIGINATING DEPARTMENT:
Finance
EXECUTIVE SUMMARY:
The current Resolution (Resolution 2020-76) lists the authorized signatories with the Local Agency Investment Fund. With the recent hiring of the new Finance Manager management is updating the signatories to include the Finance Manager. The Local Agency Investment Fund (LAIF) requires that the list of authorized signatories be updated by Resolution and approved by the City Council.
RECOMMENDATION:
Staff is recommending that the City Council adopt Resolution No. 2022-16 updating the City of Imperial Beach authorized signatories with the Local Agency Investment Fund (LAIF) of the California State Treasury to reflect the addition of the Finance Manager.
OPTIONS:
Adopt Resolution No. 2022-16
Provide direction to the City Manager to take a specific action Request additional information and an additional report BACKGROUND/ANALYSIS:
The Local Agency Investment Fund (LAIF) was established by the State of California to enable treasurers to place idle funds in a pool for investment. The investment pool is highly liquid, allowing local governments to deposit and withdraw funds daily, with competitive investment yields. The City of Imperial Beach has been investing monies with LAIF since 1988. LAIF provides liquidity for 24-hour access to the City’s operating funds. Access is limited to authorized individuals who can transfer dollars to and from the City’s operating accounts in support of the City’s necessary cash flow for funding normal operations and investments placed by the City’s Treasurer.
The intent of this resolution is to update the list of authorized signatories on file with LAIF to reflect the addition of the Finance Manager. The authorized signatories to order the deposit or withdrawal
P a g e | 2
of monies with LAIF will be: (1) City Manager, (2) Chief Administrative Officer, (3) Finance Director, (4) Finance Manager. This resolution supersedes Resolution No. 2020-76.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT: N/A
ATTACHMENTS:
ATT 1 – Resolution 2022-16 Updating LAIF Position Titles
ATTACHMENT 1
RESOLUTION NO. 2022-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA,
UPDATING THE CITY OF IMPERIAL BEACH AUTHORIZED SIGNATORIES WITH THE
LOCAL AGENCY INVESTMENT FUND (LAIF) OF THE CALIFORNIA STATE TREASURY WHEREAS, The Local Agency Investment Fund is established in the State Treasury under Government Code section 16429.1 et. seq. for the deposit of money of a local agency for purposes of investment by the State Treasurer; and
WHEREAS, the City Council hereby finds that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein is in the best interests of the City of Imperial Beach; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach as follows:
1. The City Council hereby authorizes the deposit and withdrawal of City of Imperial Beach monies in the Local Agency Investment Fund in the State Treasury in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein.
2. The following City of Imperial Beach officers holding the title(s) specified hereinbelow, or their successors in office, are each hereby authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund and may execute and deliver any and all documents necessary or advisable in order to effectuate the purposes of this resolution and the transactions contemplated hereby:
_______________________________
Andy Hall
City Manager
_______________________________
Erika N. Cortez
Chief Administrative Officer
_______________________________
Joann M. Gitmed
Finance Director
_______________________________
Lily Flyte
Finance Manager
3. This resolution shall remain in full force and effect until rescinded by City Council by resolution and a copy of the resolution rescinding this resolution is filed with the State Treasurer’s Office.
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
Resolution No. 2022-xxxx
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
P a g e | 1
March 16, 2022
ITEM TITLE: SECOND READING AND ADOPTION OF ORDINANCE NO. 2022-1209 AMENDING TITLE 4 OF THE IMPERIAL BEACH MUNICIPAL CODE TO ADD A NEW CHAPTER 4.62 RELATED TO MICROENTERPRISE HOME KITCHEN OPERATIONS ORIGINATING DEPARTMENT:
Community Development
EXECUTIVE SUMMARY:
On Wednesday, January 26, 2022, the County Board of Supervisors acted to temporarily authorize Microenterprise Home Kitchen Operations (MEHKOs) in the County of San Diego and in the unincorporated areas of the County for a two-year period. On Friday, February 25, 2022, the Department of Environmental Health and Quality, Food and Housing Division, began accepting applications for those interested in operating a MEHKO.
On March 2, 2022, the City Council had the first reading and introduction of Ordinance No. 2022- 1209, which would amend Title 4 of the Imperial Beach Municipal Code to add a new Chapter
4.62 to incorporate regulations into the Municipal Code that would apply to MEHKOs operating within the City of Imperial Beach. As proposed, the ordinance requires a MEHKO to comply with state and federal laws, County standards, and City standards. This, therefore, will be the Second and Final Reading of this ordinance.
RECOMMENDATION:
That the City Council conduct the second reading, waive further reading, and adopt Ordinance No. 2022-1209, approving the proposed amendment to Title 4 of the Imperial Beach Municipal Code providing regulations for MEHKOs operating with the City of Imperial Beach.
OPTIONS:
Direction to modify the ordinance prior to further consideration by the City Council. Continue the item and provide direction to the City Manager to obtain additional information.
BACKGROUND/ANALYSIS:
History
The California Retail Food Code (CRFC), establishes uniform health and sanitation standards at the State level for the regulation of retail food operations (food facilities) to prevent foodborne
P a g e | 2
illness. The CRFC defines a food facility as an operation that stores, prepares, serves, sells, or otherwise provides food for human consumption at the retail level, and includes restaurants, mobile food trucks, grocery stores, delis, food carts, schools and cottage food operations. The San Diego County Department of Environmental Health and Quality (DEHQ) is the local enforcement agency of the CRFC for all 18 incorporated cities (local jurisdictions), as well as the unincorporated communities in the region. DEHQ implements a food program conducting inspections at food facilities, focusing on compliance with the CRFC and reviewing food handling practices to protect the public’s health and prevent the incidence of foodborne illness.
Prior to 2012, California required food sold to consumers be made at inspected commercial kitchens. In 2013, the California Homemade Food Act allowed, certain low-risk food products not requiring refrigeration, such as bread, pie, fruit jam, and dried food, to be made in private home kitchens and sold as a fully packaged and labeled product to consumers. These operations, commonly known as cottage food operations, provide an opportunity for home cooks to start a small business.
The enactment of Assembly Bill (AB) 626 in 2018 and AB 377 in 2019, which amended the California Retail Food Code to allow for Microenterprise Home Kitchen Operations (MEHKO), expanded the opportunity for home cooks to operate a small business. This law established a microenterprise home kitchen operation as a new type of restricted food service facility in the CRFC. Once authorized, MEHKO home cooks can prepare and sell a wide range of foods in a home kitchen, including foods that require time and temperature control in order to prevent bacteria growth, such as meat, fish, poultry, and dairy products.
MEHKOs cannot operate or be permitted until authorization is granted by the governing body of the local enforcement agency. The County of San Diego (County) Board of Supervisors (Board), as the governing body of DEHQ, has the authority to authorize a local MEHKO program for the entire San Diego region (both the unincorporated communities and the 18 incorporated cities).
On January 26, 2022, the County Board of Supervisors acted to temporarily authorize MEHKOs in the County of San Diego and in the incorporated areas of the County for a two-year period.
Pursuant to the State legislation, because the County Board of Supervisors has authorized MEHKOs, local jurisdictions may not prevent their operation.
On Friday, February 25, 2022, the DEHQ, Food and Housing Division, will begin accepting applications for those interested in starting a MEHKO. A MEHKO must meet all of the following requirements:
The operation has no more than one full-time equivalent food employee, not including a family member or household member.
Food is prepared, cooked, and served on the same day. Food is consumed onsite at the microenterprise home kitchen operation or offsite if the food is picked up by the consumer or delivered pursuant to section Health & Safety Code section 114367.5 within a safe time period based on holding equipment capacity. Food preparation does not involve processes that require a Hazard Analysis Critical Control Points (HACCP) plan, as specified in Section 114419, or the production, service, or sale of raw milk or raw milk products, as defined in Section 11380 of Title 17 of the California Code of Regulations.
The service and sale of raw oysters is prohibited.
The production, manufacturing, processing, freezing, or packaging of milk or milk
P a g e | 3
products, including, but not limited to, cheese, ice cream, yogurt, sour cream, and butter, is prohibited.
Food preparation is limited to no more than 30 individual meals per day, or the approximate equivalent of meal components when sold separately, and no more than 60 individual meals, or the approximate equivalent of meal components when sold separately, per week. The local enforcement agency may decrease the limit of the number of individual meals prepared based on food preparation capacity of the operation, but shall not, in any case, increase the limit of the number of individual meals prepared. The operation has no more than fifty thousand dollars ($50,000) in verifiable gross annual sales, as adjusted annually for inflation based on the California Consumer Price Index. The operation only sells food directly to consumers and not to any wholesaler or retailer.
For purposes of this paragraph, the sale of food prepared in a microenterprise home kitchen operation through the internet website or mobile application of an Internet food service intermediary, as defined in Section 114367.6, is a direct sale to consumers. An operation that sells food through the internet website or mobile application of an Internet food service intermediary shall consent to the disclosures specified in paragraphs (6) and (7) of subdivision (a) of Section 114367.6 of the California Health & Safety Code Regulations
MEHKOs will be subject to the requirements established in the CRFC. The CRFC exempts MEHKOs from specific standards normally required for a food facility, primarily to accommodate the differences between a home kitchen and a commercial kitchen. In addition, the CRFC prohibits jurisdictions from imposing restrictions on MEHKOs for zoning purposes, or requiring additional permits to operate, other than a health permit that would be issued by the County.
However, local jurisdictions can investigate and enforce its regulations. Each jurisdiction is responsible for enforcing its own related regulations including, but not limited to, code compliance.
City staff has drafted the attached ordinances that incorporate regulations that would apply to MEHKOs operating within the City of Imperial Beach. The proposed ordinances require a MEHKO to comply with state and federal laws, County standards, and City standards. Some local Municipal Codes that would apply include the following:
Chapter 4.04, Business Licenses;
Chapter 8.08, Regulation of Retail Food Facilities;
Chapter 8.36, Solid Waste and Recyclable Collection;
Chapter 9.05, Alcoholic Beverages–Responsible Beverage Sales and Service; Chapter 9.32, Noise; and
Chapter 13.14, Regulation of Fats, Oils and Grease Disposal in the Sewer Collection System.
The ordinances would allow the City to require a business license for MEHKOs and require conformance with local nuisance provisions and home occupation requirements, including the following:
The business cannot change the character or appearance of the dwelling; The business cannot adversely affect the uses permitted in the residential district of which the property is a part;
The business cannot be of a type which generates pedestrian or vehicular traffic beyond that normal to the particular neighborhood;
No additional parking spaces are required;
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Not more than two persons may be employed on the premises; No advertising, display or signs relating to the home occupation may be displayed upon the premises, except those permitted in the zone in which the property is located; No articles which are produced elsewhere may be sold or displayed on the premises; and No commercial vehicles may be used to deliver materials to or remove materials from the premises.
In addition to the above, the proposed ordinances provide a limitation on hours of operation from 7:00 AM to 7:00 PM to prevent potential noise and associated nuisances within the surrounding residential area.
Monitoring
As part of the recent action by the Board of Supervisors, County staff was directed to gather data during the temporary pilot two-year period. The County Chief Administrative Officer was directed to work with all jurisdictions within the region, on a voluntary basis, to gather data related to MEHKO implementation during authorization, including but not limited to potential community impacts such as traffic, noise, wastewater, and code or nuisance complaints as well as food safety related data such as number of permitted MEHKOs, complaints or reports of foodborne illness, and retail food safety compliance. The County has provided the City with a form to fill out such data, and City staff intends to provide relevant data, as applicable.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT:
No fiscal impact associated with this report.
ATTACHMENTS:
1. Ordinance 2022-1209
ATTACHMENT 1
ORDINANCE NO. 2022-1209
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING TITLE 4 OF THE IMPERIAL BEACH MUNICIPAL CODE TO ADD A NEW CHAPTER 4.62 RELATED TO MICROENTERPRISE HOME KITCHEN OPERATIONS WHEREAS, the County of San Diego has approved a two-year program to allow Microenterprise Home Kitchen Operations in the County of San Diego and the incorporated areas of the County; and
WHEREAS, the City Council of the City of Imperial Beach ("City") desires to clarify the regulations that apply to such operations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH AS FOLLOWS:
Section 1: The above recitals are true and correct and incorporated herein as findings as though set forth in full.
Section 2: Chapter 4.62 is hereby added to the Imperial Beach Municipal Code to read as follows:
Chapter 4.62 Microenterprise Home Kitchen Operations
4.62.010 Purpose
The purpose and intent of this chapter is to establish a regulatory program for the operation of microenterprise home kitchen operations (“MEHKO”) in the City of Imperial Beach that complies with California Assembly Bills 626 and 377, as well as the regulations issued by the County of San Diego for MEHKO.
4.62.020 Definitions
“Microenterprise home kitchen operation” means a food facility that is operated by a resident in a private home where food is stored, handled, and prepared for, and may be served to, consumers, and that meets all of the following requirements:
1. The operation has no more than one full-time equivalent food employee, not including a family member or household member.
2. Food is prepared, cooked, and served on the same day.
3. Food is consumed onsite at the microenterprise home kitchen operation or offsite if the food is picked up by the consumer or delivered pursuant to section Health & Safety Code section 114367.5 within a safe time period based on holding equipment capacity.
4. Food preparation does not involve processes that require a Hazard Analysis Critical Control Points (HACCP) plan, as specified in Section 114419, or the production, service, or sale of raw milk or raw milk products, as defined in Section 11380 of Title 17 of the California Code of Regulations.
5. The service and sale of raw oysters is prohibited.
6. The production, manufacturing, processing, freezing, or packaging of milk or milk products, including, but not limited to, cheese, ice cream, yogurt, sour cream, and butter, is prohibited.
7. Food preparation is limited to no more than 30 individual meals per day, or the approximate equivalent of meal components when sold separately, and no more than 60 individual meals, or the approximate equivalent of meal components when sold separately, per week. The local enforcement agency may decrease the limit of the number of individual meals prepared based on food preparation capacity of the operation, but shall not, in any case, increase the limit of the number of individual meals prepared.
8. The operation has no more than fifty thousand dollars ($50,000) in verifiable gross annual sales, as adjusted annually for inflation based on the California Consumer Price Index.
9. The operation only sells food directly to consumers and not to any wholesaler or retailer. For purposes of this paragraph, the sale of food prepared in a microenterprise home kitchen operation through the internet website or mobile application of an Internet food service intermediary, as defined in Section 114367.6, is a direct sale to consumers.
An operation that sells food through the internet website or mobile application of an Internet food service intermediary shall consent to the disclosures specified in paragraphs (6) and (7) of subdivision (a) of Section 114367.6 of the California Health & Safety Code.
B. “Microenterprise home kitchen operation” does not include either of the following:
1. A catering operation.
2. A cottage food operation, as defined in Section 113758 of the California Health & Safety Code.
C. For purposes of this section, “resident of a private home” means an individual who resides in the private home when not elsewhere for labor or other special or temporary purpose.
4.62.030 Operating Conditions
A MEHKO may operate within the City of Imperial Beach only under the following conditions:
A. A valid permit issued by the County of San Diego must be obtained before a person may lawfully commence operations as a MEHKO;
B. A business license must be obtained from the City of Imperial Beach pursuant to Chapter 4.04 of the City of Imperial Beach Municipal Code before a person may lawfully commence operations as a MEHKO;
C. The MEHKO’s hours of operation are limited to 7:00 AM to 7:00 PM; D. The MEHKO complies with the home occupations operating conditions in Section
19.74.020 of the Imperial Beach Municipal Code, except for the following conditions:
1. 19.74.020 (F)
2. 19.74.020 (G)
E. Onsite consumption of food is permitted pursuant to Health and Safety Code sections 113825 and 114367.2 or delivered pursuant to Health and Safety Code section 114367.5;
F. The MEHKO complies with all applicable provisions of the Health and Safety Code, including, but not limited to sections 113825 and 114367 through 114367.6, all applicable regulations issued by the County of San Diego, and the Imperial Beach Municipal Code, including, but not limited to, the following:
1. Chapter 4.04, Business Licenses;
2. Chapter 8.08, Regulation of Retail Food Facilities;
3. Chapter 8.36, Solid Waste and Recyclable Collection;
4. Chapter 9.05, Alcoholic Beverages–Responsible Beverage Sales and Service;
5. Chapter 9.32, Noise; and
6. Chapter 13.14, Regulation of Fats, Oils and Grease Disposal in the Sewer Collection System.
4.62.040 Prohibited Conduct
A MEHKO shall not engage in any of the following prohibited conduct, each of which is deemed a nuisance and subject to the enforcement provisions in Chapter 4.62.050 of this code. In addition to the additional regulations defined elsewhere in this code, County ordinances or State laws applicable to a MEHKO, it shall be unlawful and deemed a nuisance for a MEHKO to:
A. Directly, or through customers and/or third-party delivery services, cause blockage and/or congestion on City thruways such that the duties of City agencies are impeded, including but not limited to maintenance, solid waste, and street sweeping, or that which results in repeated neighbor complaints by multiple neighbors, including parking congestion.
B. Store greases in such a manner as to be considered a fire hazard whether indoors or outdoors, or that which attracts vermin.
C. Dispose of greases into the municipal sewer system through a residential drain or toilet.
D. Cause a visible build-up of greases inside residential ventilation hoods and shafts, on walls, ceilings, rooftops, and/or other surfaces such that it may constitute a fire hazard or attract vermin.
E. Create nuisance smoke, odors, or noises in common areas, including but not limited to hallways, shared gathering areas, etc. such that multiple neighbors file complaints.
F. Operate an outdoor wood-burning oven or BBQ in a manner that may constitute a hazard, or which creates nuisance smoke or odors to a neighboring residence.
G. Store refuse in an unsanitary manner or which attracts vermin. Any refuse generated beyond the capacity of residential waste pickup shall be taken to a waste transfer facility or landfill by the MEHKO operator.
4.62.050 Violations
A. Any violation of the City of Imperial Beach Municipal Code, regulations issued by the County of San Diego, or provisions of the California Health and Safety Code applicable to the MEHKO shall be unlawful and constitute a public nuisance per se and be subject to injunction, abatement, or any other remedy available to the City of Imperial Beach as provided by all applicable provisions of law, including but not limited to administrative or summary abatement of any nuisance conditions, referral to the County of San Diego for revocation of permit, administrative citations, and/or a civil action for injunctive relief.
B. The MEHKO is subject to all public nuisance provisions of the City of Imperial Beach Municipal Code, including but not limited to Chapter 1.16.
C. The MEHKO is subject to all administrative citation and fine provisions of the City of Imperial Beach Municipal Code, including but not limited to Chapter 1.22.
D. Any person, firm, corporation, or other entity, whether as principal or agent, employee or otherwise, violating or causing violation of any provision of the Imperial Beach Municipal Code applicable to the MEHKO, shall be guilty of a misdemeanor.
E. All remedies provided for herein are cumulative and not exclusive and are in addition to any other remedy or penalty provided by law. Nothing in this Chapter shall be deemed to authorize or permit any activity that violates any provision of state or federal law, or the regulations issued by the County of San Diego.
4.62.060 Severability
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions. The City Council declares that it would have passed this chapter and each section, subsection, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases are declared invalid or unconstitutional, and would have passed and adopted the same even though any parts, sections, subsections, sentences, clauses or phrases that may be held invalid had been omitted therefrom.
Section 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 4. This Ordinance shall become effective thirty (30) days following its passage and adoption.
Section 5. The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five (5) days prior to the consideration of its adoption and again within fifteen (15) days following adoption indicating votes cast.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Imperial Beach, held on the 2
nd day of March 2022, and
THEREAFTER ADOPTED at a regular meeting of the City Council of the City of Imperial Beach, California, held on the 16th day of March 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
SERGE DEDINA, MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC CITY CLERK
APPROVED AS TO FORM:
JENNIFER M. LYON, CITY ATTORNEY
I, City Clerk of the City of Imperial Beach, do hereby certify the foregoing to be an exact copy of Ordinance No. 2022-1209, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING TITLE 4 OF THE IMPERIAL BEACH MUNICIPAL CODE TO ADD A NEW CHAPTER 4.62 RELATED TO MICROENTERPRISE HOME KITCHEN OPERATIONS”
_____________________________ __________________________
JACQUELINE KELLY, CITY CLERK DATE
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March 16, 2022
ITEM TITLE: RC COMMERCIAL HOLDINGS, LLC (APPLICANT); CONSIDERATION OF A TIME EXTENSION FOR CP 200060; CUP 200061; DRC 200062; SPR 200063; VAR 200064; AND CLASS 32 CATEGORICAL EXEMPTION PER CEQA SECTION 15332 FOR A TWOSTORY COMMERCIAL BUILDING AT 951 SEACOAST DRIVE ( ORIGINATING DEPARTMENT:
Community Development
EXECUTIVE SUMMARY:
On April 21, 2021, the City Council adopted Resolution No. 2021-21 authorizing the demolition of the existing single-family residence and construction of a new two-story commercial building with a roof deck at 951 Seacoast Drive (APN 625-352-23-00) in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone.
Approval of the project is set to expire at the end of business on May 6, 2022, unless vested with substantial construction or if an extension is authorized. The applicant has requested an extension for the project approval (see Attachment 2). The City Council may authorize an extension for a period of six months for each extension request, not to exceed a total of two years from the original date of approval.
RECOMMENDATION:
That the City Council adopt Resolution 2022-18, approving a six (6) month time extension for Regular Coastal Permit (CP 200060), Conditional Use Permit (CUP 200061), Design Review Case (DRC 200062), Site Plan Review (SPR 200063), Variance (VAR 200064), and Categorical Exemption pursuant to CEQA Guidelines 15332 Class 32 (In-Fill Development) to demolish the existing single-family residence and construct a new two-story commercial building with a roof deck at 951 Seacoast Drive (APN 625-352-23-00) in the C/MU-2 (Seacoast Commercial and Mixed Use) Zone.
OPTIONS:
In addition to receiving this report and adopting staff’s recommendations, the City Council can:
Deny the extension request; or
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Continue review of the extension request to a future meeting where additional information can be provided, and a decision can be rendered.
BACKGROUND/ANALYSIS:
On April 21, 2021, the City Council adopted Resolution No. 2021-21 authorizing the demolition of the existing single-family residence and construction of a new two-story commercial building with a roof deck at 951 Seacoast Drive (APN 625-352-23-00) in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone.
Approval of the project is set to expire at the end of business on May 6, 2022, unless vested with substantial construction or if an extension is authorized. The applicant has requested an extension
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for the project approvals due to unforeseeable circumstances. Specifically, SDG&E requested the redesign of the northeast corner of the property for a transformer and a potential sound enclosure after the initial project plan check submittal causing a delay in the project. These changes have been made to the project plans and have been approved by both the City of Imperial Beach and SDG&E. The City Council may authorize an extension for a period of six months for each extension request, not to exceed a total of two years from the original date of approval, if the following apply (ref. Imperial Beach Municipal Code Section 19.81.230):
• All applicable provisions the zoning code originally placed on the project as a condition of approval for development are still in force at the time of the requested extension, or that changes in or additions to the resolution of approval have enabled the previously approved project to be in conformance with the code;
• That no change in circumstances has occurred which would cause the originally approved site plan review to be in substantial conflict with the current development regulations; and
• That all of the facts outlined in Section 19.81.060 A through H exist.
There have been no changes to the zoning code, no change in circumstances where the site plan would conflict with development regulations, and the facts outlined in Section 19.81.060 A-H (Site Plan Application - Factors Considered by Planning Commission) are also provided in Resolution No. 2022-18. In addition, this is the first extension request for the project and, as such, the maximum extension period would not be exceeded.
COASTAL JURISDICTION:
The project is 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, was appealable to the California Coastal Commission under Section 30603(a) of the California Public Resources Code and IBMC Section 19.87.160. The project approval was not appealed.
ENVIRONMENTAL DETERMINATION:
The project was determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 (In-Fill Development Projects).
FISCAL IMPACT:
FISCAL YEAR: 21/22
BUDGETED: N/A
BUDGET AMENDMENT N/A
ACCOUNT NO(S).: 101-0000-221-01-02
PROJECT NO(S).: MF 1387
FISCAL ANALYSIS: The Applicant has deposited $10,300.00 to fund processing of the application.
CURRENT BUDGET: N/A
ANTICIPATED
EXPENDITURE:
N/A
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ATTACHMENTS:
1. Resolution 2022-18
2. Applicant Extension Request
3. Original staff report from April 21, 2021 (attachments available at the City Clerk Dept.) c: file MF 1387
RESOLUTION NO. 2022-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, APPROVING A TIME EXTENSION FOR A REGULAR COASTAL PERMIT (CP 200060); CONDITIONAL USE PERMIT (CUP 200061); DESIGN REVIEW CASE (DRC 200062); SITE PLAN REVIEW (SPR 200063); VARIANCE (VAR 200064); AND CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES SECTION 15332 CLASS 32 (IN-FILL DEVELOPMENT
PROJECTS) FOR THE CONSTRUCTION OF A NEW TWO-STORY COMMERCIAL BUILDING WITH A ROOF DECK AT 951 SEACOAST DRIVE (APN 625-352-23-00) SUBJECT TO SPECIFIED CONDITIONS OF APPROVAL. MF 1387.
DEVELOPER: RC COMMERCIAL HOLDINGS, LLC.
WHEREAS, on April 21, 2021, the City Council adopted Resolution No. 2021-21 authorizing the demolition of the existing structure and construction of a new two-story commercial building with a roof deck at 951 Seacoast Drive (APN 625-352-23-00) in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone; and
WHEREAS, on March 18, 2021 the Design Review Board recommended approval of the project’s design with conditions with a vote of 5-0; and WHEREAS, the City Council finds that the project design of the residential project is compatible with the community and would be consistent with Policy D-8 (Project Design) of the Design Element of the General Plan; 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 15332 (In-Fill Development Projects); and
WHEREAS, the applicant claims that the project has been delayed due to unforeseeable circumstances; and
WHEREAS, the City Council finds that there is sufficient cause to grant a time extension for this project and there have been no changes to the zoning code or change in circumstances where the site plan would conflict with development regulations; and WHEREAS, the City Council further offers the following findings in support of its decision to conditionally approve the project:
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 Seacoast Commercial & Mixed-Use (C/MU-2 Zone). The purpose of the C/MU-2 Zone is to provide land to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. It is intended that the dominant type of commercial activity in the C/MU-2 Zone will be visitor-serving retail such as specialty stores, surf shops, restaurants, and hotels and motels. The development standards of the C/MU-2 Zone encourage pedestrian activity through the design and location of building frontages Attachment 1
Resolution No. 2022-18
and parking provisions (IBMC Section 19.27.010). The proposed project would provide a new two-story commercial building with multiple commercial tenant spaces and a roof deck that would service local residents and the tourist population, meeting the intent of the land use designation. In addition, the project would encourage pedestrian activity through the design and location and alternative methods of transportation reducing the demand for vehicle uses. Also, the project would have no impact to existing shore processes, public access, coastal views, or scenic views because the project complies with the Municipal Code, does not build in any areas with street end or other views, and provides an open concept seating arrangement.
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 located between the seaward of the first public road. The General Plan/Local Coastal Plan designates the site as Seacoast Commercial & Mixed-Use (C/MU-2 Zone). The purpose of the C/MU-2 Zone is to provide land to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. The proposed project meets the intent of the zone and offers additional services to residents and tourists in the coastal zone. 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 proposed development has been 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 as further specified within the findings of this Resolution. The proposed project will comply with all of the regulations and conditions for the Zoning Ordinance. The outdoor uses may be permitted subject to IBMC Section 19.72.040 and any other conditions noted in this Resolution. The portions of the structure that extend beyond the building height limit are in conformance with IBMC Section 19.40.020. The project shall receive an adjustment of 10% to deviate from the typical 15 foot floor-to-ceiling dimension and shall provide a vertical floor-to-ceiling dimension of 13’-6” feet because the reduction in height benefits the surrounding neighborhood and there are extraordinary circumstances due to the location of the property and its proximity to the beach. The reduction is not a special privilege, as it has been provided for other projects in the vicinity, it is not detrimental to adjacent property, and does not adversely affect the General Plan or Local Coastal Program.
With regard to parking, no parking is proposed because the project is intended to enhance the pedestrian corridor and provide active commercial uses. The applicant was not able to provide a feasible method of providing off-street parking in addition to accommodating a layout with ground floor tenant spaces, in addition to the required restrooms, stairs, elevator, trash enclosure, grease interceptor and SDG&E electrical equipment. The inclusion of commercial tenants on the ground floor with direct pedestrian access from the sidewalk meets the purpose of the C/MU-2 Zone (IBMC Section 19.27.020), which is to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. Additionally, two public parking lots are located within one thousand feet of the project site (300-feet to the north and 170-feet to the South). The Municipal Code specifically allows for a reduction of parking for projects
Resolution No. 2022-18
within 1,000 feet of off-site parking with implementation of transportation demand management strategies to reduce the demand for vehicle usage. Further, the General Plan and Local Coastal Plan encourages off-site or shared parking in the Seacoast Drive and commercial/mixed-use areas to improve the pedestrian atmosphere and/or improved design, particularly near the beach and develop properties near the ocean with commercial and recreational uses rather than parking lots (Policy C-22). The applicant is proposing surfboard racks and bicycle parking off of Seacoast Drive. Additional transportation demand management strategies include public transportation passes for employees and providing wayfinding signage with directions to the public parking lot and public transportation. Implementing these transportation demand strategies should encourage the use of alternate methods of transportation, including bicycles, walking, ridehailing, and public transportation. Application of transportation demand management strategies also emphasizes the City’s ongoing effort to reduce carbon footprints and greenhouse gas emissions. Parking is a consistent area of concern within the community and a condition has been added to the resolution noting that the transportation demand management strategies for the project shall be revisited and revised at the expense of the property owner if determined necessary by the City.
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 Sections 19.81.060,
19.82.050, 19.83.110, and 19.84.050 (Section 19.83.120 is no longer applicable) for a site plan review, conditional use permit, design review, and variance subject to the findings provided within this Resolution. Section 19.86.100 is not applicable because the project does not require a zoning classification/rezoning.
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 32 project pursuant to CEQA Guidelines Section 15332 (In-Fill Development). 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 April 5, 2021, and a public hearing notice was published in the South County Eagle & Times
Resolution No. 2022-18
newspaper on April 8, 2021.
CONDITIONAL USE PERMIT (IBMC § 19.82.040):
8. That the proposed use is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or community; The purpose of the C/MU-2 Zone is to provide land to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. It is intended that the dominant type of commercial activity in the C/MU-2 Zone will be visitor-serving retail such as specialty stores, surf shops, restaurants, and hotels and motels. The development standards of the C/MU-2 Zone encourage pedestrian activity through the design and location of building frontages and parking provisions (IBMC Section 19.27.010). The project would provide four commercial tenant spaces, a bar, and a roof deck that is intended to be used as an events and community serving space where live entertainment, special events, and community classes could take place, subject to IBMC Section 19.72.040 and any other conditions noted in this Resolution. The business would service local residents and the tourist population, contributing to the general wellbeing of the neighborhood and community and meeting the intent of the land use designation. The General Plan and Local Coastal Plan encourages off-site or shared parking in the Seacoast Drive and commercial/mixed-use areas to improve the pedestrian atmosphere and/or improved design, particularly near the beach and develop properties near the ocean with commercial and recreational uses rather than parking lots (Policy C22). Imperial Beach Municipal Code Section 19.48.050.J, reduction of parking may be proposed with implementation of transportation demand management strategies to reduce the demand for vehicle usage, which are being provided by the project. The project has incorporated the following transportation demand management strategies: secure surfboard rack, bicycle parking, public transportation passes for employees, and providing wayfinding signage with directions to the nearby public parking lots and public transportation. There are two public parking lots located within one thousand feet of the project site (300-feet to the north and 170-feet to the South). Implementing these transportation demand strategies should encourage the use of alternate methods of transportation, including bicycles, walking, ride-hailing, and public transportation.
Application of transportation demand management strategies also emphasizes the City’s ongoing effort to reduce carbon footprints and greenhouse gas emissions. In addition, a condition has been added to the resolution noting that the transportation demand management strategies for the project shall be revisited and revised at the expense of the property owner if determined necessary by the City. The proposed commercial use is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or community.
9. That the 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 odors, 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 transportation demand management strategies have been included with the Resolution to further ensure compatibility with the vicinity.
Resolution No. 2022-18
10. That the proposed use will comply with the regulations and conditions specified in this title for the use and for other permitted uses in the same zone; and Commercial tenant spaces with restaurants or combination of compatible uses and an open roof deck are permitted in the C/MU-2 Zone. The proposed project is consistent with the zoning for this area and will comply with all of the regulations and conditions for these uses. Outdoor uses may be permitted subject to IBMC Section 19.72.040 and any other conditions noted in this Resolution. The portions of the structure that extend beyond the building height limit are in conformance with IBMC Section 19.40.020 and the floor to ceiling height has been reduced by 10% to 13’-6” in response to community feedback obtained through outreach. The reduction in the floor-to-ceiling height would comply with the regulations and conditions through the approval of a variance. The applicable findings and conditions of approval have been included with the Resolution to ensure compliance with the use and other permitted uses in the vicinity.
A conditional use permit is required to allow for off-site parking associated with the twostory commercial building. The project is located on an existing 4,760 square foot lot that is occupied by a single-family residence. The applicant intends to demolish the existing single-family residence and construct a community serving commercial space that would include four tenant spaces. The applicant intends for the commercial tenant spaces to be occupied by restaurants or combination of compatible uses and an open roof deck area that would be provided as an amenity to serve the community. As such, the 6,706 square foot commercial building would generally require seven parking spaces. However, no parking is proposed for the project because the project is intended to enhance the pedestrian corridor and provide active commercial uses. The applicant was not able to provide a feasible method of providing off-street parking in addition to accommodating a layout with ground floor tenant spaces, in addition to the required restrooms, stairs, elevator, trash enclosure, grease interceptor and SDG&E electrical equipment.
The inclusion of three restaurant tenants on the ground floor with direct pedestrian access from the sidewalk meets the purpose of the C/MU-2 Zone (IBMC Section 19.27.020), which is to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. Additionally, two public parking lots are located within one thousand feet of the project site (300-feet to the north and 170-feet to the South). Therefore, reduction of parking may be proposed with implementation of transportation demand management strategies to reduce the demand for vehicle usage (IBMC 19.48.050.J). The applicant is proposing the following transportation demand management strategies: 1) Provide bicycle racks to encourage use of bicycles; 2) Provide locking surf board racks to encourage pedestrian access; 3) Provide bus or ride-hailing vouchers to employees; 4) Provide a poster display with local bus routes to inform the public; and 5) Provide wayfinding signage with directions to public parking lot and public transportation. Implementing the above strategies should encourage the use of alternate methods of transportation, including bicycles, walking, ride-hailing, and public transportation. Application of transportation demand management strategies also emphasizes the City’s ongoing effort to reduce carbon footprints and greenhouse gas emissions. Parking is a consistent area of concern within the community and a condition has been added to the resolution noting that the transportation demand management strategies for the project shall be revisited and revised at the expense of the property owner if determined necessary by the City.
Regarding the portions of the building that extend beyond the height limit, the building parapets, elevator enclosure, stair enclosure and two ADA accessible restrooms that are substantially connected to the other enclosures extend beyond the height limit. IBMC
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Section 19.40.020, Exceptions, allows for “fire or parapet walls required by law” and “roof structures for the housing of elevators, stairways, tanks, ventilating fans, air conditioning equipment or similar equipment required to maintain and operate the building” to extend above the height limit. The restrooms located on the roof deck are necessary, vital equipment required to maintain the commercial building as the restrooms provide accessible hand sanitization areas and ADA accessible restrooms for a space (roof deck) that is accessible to the public and promotes/facilitates public congregations. It should be emphasized that in light of COVID-19, an unprecedented pandemic which has elevated the need for more stringent requirements related to cleanliness, sanitization, and personal bodily separation to ensure health and life safety, that providing adequate, accessible hand washing stations is imperative to safely maintain and operate a building. The World Health Organization, the Centers of Disease Control and Prevention, and The Division of Occupational Safety and Health have all released substantive guidance for preventing the spread of COVID-19; all of which heavily emphasize frequent handwashing and promoting social/physical distancing. The installation of accessible, single stall restrooms, on the roof deck promotes physical distancing, prevents queues from forming on the first and second floor, and provides an accessible space for person(s) with a disability to access the restroom. The restrooms located on the roof deck are necessary equipment for a space that is accessible to the public and promotes/facilitates public congregations, and as such, are in conformance with IBMC Section 19.40.020. While the restrooms and other portions of the structure that extend beyond the height limit in themselves do not require a CUP and may exceed the height limit in conformance with IBMC Section 19.40.020, conditions have been provided to ensure that the restrooms remain as vital operations of users of the building.
Applicable conditions of approval for the project have been included with the Resolution to further ensure compatibility with the vicinity, which includes the ability for the Community Development Director to modify conditions if necessity warrants. As such, the proposed use will comply with the regulations and conditions specified in this title for the use and for other permitted uses in the same zone.
11. That the granting of the conditional use permit will be in harmony with the purpose and intent of the zoning code, the adopted General Plan and the adopted Local Coastal Program.
Commercial tenant spaces with restaurants or combination of compatible uses and an open roof deck are permitted in the C/MU-2 Zone. The proposed project is consistent with the zoning for this area and will comply with all of the regulations and conditions for these uses. Outdoor uses may be permitted subject to IBMC Section 19.72.040 and any other conditions noted in this Resolution. The portions of the structure that extend beyond the building height limit are in conformance with IBMC Section 19.40.020 and the floor to ceiling height has been reduced by 10% to 13’-6” in response to community feedback obtained through outreach. The reduction in the floor-to-ceiling height would comply with the regulations and conditions through the approval of a variance. The applicable findings and conditions of approval have been included with the Resolution to ensure compliance with the use and other permitted uses in the vicinity.
A conditional use permit is required to allow for off-site parking associated with the twostory commercial building. The project is located on an existing 4,760 square foot lot that is occupied by a single-family residence. The applicant intends to demolish the existing single-family residence and construct a community serving commercial space that would include four tenant spaces. The applicant intends for the commercial tenant spaces to be occupied by restaurants or combination of compatible uses and an open roof deck area
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that would be provided as an amenity to serve the community. As such, the 6,706 square foot commercial building would generally require seven parking spaces. However, no parking is proposed for the project because the project is intended to enhance the pedestrian corridor and provide active commercial uses. The applicant was not able to provide a feasible method of providing off-street parking in addition to accommodating a layout with ground floor tenant spaces, in addition to the required restrooms, stairs, elevator, trash enclosure, grease interceptor and SDG&E electrical equipment.
The inclusion of three restaurant tenants on the ground floor with direct pedestrian access from the sidewalk meets the purpose of the C/MU-2 Zone (IBMC Section 19.27.020), which is to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. Additionally, two public parking lots are located within one thousand feet of the project site (300-feet to the north and 170-feet to the South). Therefore, reduction of parking may be proposed with implementation of transportation demand management strategies to reduce the demand for vehicle usage (IBMC 19.48.050.J). The applicant is proposing the following transportation demand management strategies: 1) Provide bicycle racks to encourage use of bicycles; 2) Provide locking surf board racks to encourage pedestrian access; 3) Provide bus or ride-hailing vouchers to employees; 4) Provide a poster display with local bus routes to inform the public; and 5) Provide wayfinding signage with directions to public parking lot and public transportation. Implementing the above strategies should encourage the use of alternate methods of transportation, including bicycles, walking, ride-hailing, and public transportation. Application of transportation demand management strategies also emphasizes the City’s ongoing effort to reduce carbon footprints and greenhouse gas emissions.
Regarding the portions of the building that extend beyond the height limit, the building parapets, elevator enclosure, stair enclosure and two ADA accessible restrooms that are substantially connected to the other enclosures extend beyond the height limit. IBMC Section 19.40.020, Exceptions, allows for “fire or parapet walls required by law” and “roof structures for the housing of elevators, stairways, tanks, ventilating fans, air conditioning equipment or similar equipment required to maintain and operate the building” to extend above the height limit. The restrooms located on the roof deck are necessary, vital equipment required to maintain the commercial building as the restrooms provide accessible hand sanitization areas and ADA accessible restrooms for a space (roof deck) that is accessible to the public and promotes/facilitates public congregations. It should be emphasized that in light of COVID-19, an unprecedented pandemic which has elevated the need for more stringent requirements related to cleanliness, sanitization, and personal bodily separation to ensure health and life safety, that providing adequate, accessible hand washing stations is imperative to safely maintain and operate a building. The World Health Organization, the Centers of Disease Control and Prevention, and The Division of Occupational Safety and Health have all released substantive guidance for preventing the spread of COVID-19; all of which heavily emphasize frequent handwashing and promoting social/physical distancing. The installation of accessible, single stall restrooms, on the roof deck promotes physical distancing, prevents queues from forming on the first and second floor, and provides an accessible space for person(s) with a disability to access the restroom. The restrooms located on the roof deck are necessary equipment for a space that is accessible to the public and promotes/facilitates public congregations, and as such, are in conformance with IBMC Section 19.40.020. While the restrooms and other portions of the structure that extend beyond the height limit in themselves do not require a CUP and may exceed the height limit in conformance with IBMC Section 19.40.020, conditions
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have been provided to ensure that the restrooms remain as vital operations of users of the building.
Applicable conditions of approval for the project have been included with the Resolution to further ensure compatibility with the vicinity, which includes the ability for the Community Development Director to modify conditions if necessity warrants. As such, the granting of the conditional use permit will be in harmony with the purpose and intent of the zoning code, the adopted General Plan and the adopted Local Coastal Program.
DESIGN REVIEW/SITE PLAN REVIEW (IBMC § 19.81.060):
12. The proposed use does not have any detrimental effect upon the general health, safety and convenience of persons residing or working in the neighborhood, or is not detrimental or injurious to the value of the property and improvements in the neighborhood.
The proposed project would provide a two-story commercial building with a roof deck in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone, where commercial buildings are typical. The project would not have a detrimental effect on the general health, welfare, safety and convenience of persons residing or working in the neighborhood because it is consistent with the intent of the development standards and zoning designations. The development would not be injurious to the value of the property and improvements in the neighborhood because the project represents an improvement of the existing conditions and the project could improve property values and stimulate growth in the area.
13. The proposed use does not adversely affect the General Plan or the Local Coastal Plan.
The General Plan/Local Coastal Plan designates the site as Seacoast Commercial & Mixed-Use (C/MU-2 Zone). The purpose of the C/MU-2 Zone is to provide land to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. It is intended that the dominant type of commercial activity in the C/MU-2 Zone will be visitor-serving retail such as specialty stores, surf shops, restaurants, and hotels and motels. The development standards of the C/MU-2 Zone encourage pedestrian activity through the design and location of building frontages and parking provisions (IBMC Section 19.27.010). The proposed project would provide a two-story commercial building with four commercial tenant spaces, a roof deck accessible to the public, and a bar that would service local residents and the tourist population, meeting the intent of the land use designation. In addition, the project would encourage pedestrian activity through the design and location and alternative methods of transportation reducing the demand for vehicle uses. Therefore, the proposed project meets the purpose and intent of the General Plan and Local Coastal Plan.
14. The proposed use is compatible with other existing and proposed uses in the neighborhood.
The project proposing a two-story commercial building with a roof deck is located in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone. The areas to the north, south and east are also located in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone and include a mixed use building with ground floor commercial and residential units to the north and multifamily residences to the south and east. The area to the west of the project site is the Portwood Pier Plaza which is zoned PF (Public Facility). The proposed project was assessed for potential impacts and compatibility with surrounding uses. In order to mitigate potential impacts to the residential uses to the south and east, conditions of
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approval have been included with the Resolution to further ensure compatibility with the vicinity.
15. The location, site layout and design of the proposed use orients the proposed structures to streets, driveways, sunlight, wind and other adjacent structures and uses in a harmonious manner.
The two-story commercial building would front Seacoast Drive and along Elder Avenue with three commercial tenant spaces on the ground floor and an open patio/outdoor dining area. Direct pedestrian access is provided off of the Seacoast Drive sidewalk through the open 21-foot wide patio entrance. The patio entrance leads into an open courtyard space that is intended to be utilized as an open recreational dining area. Fronting Seacoast Drive just to the south of the patio pedestrian entrance, a planted landscape area fronts a railing and countertop that would be underlit by an LED light. To the north of the patio entrance is additional planted landscaping. The ground floor tenant spaces would include dark bronzed framed clear glass storefronts that would provide visibility into the future tenant spaces. The second story would be accessed by either an elevator or a covered staircase and includes a fourth tenant space, office area, a u-shaped bar, outdoor seating, and a private dining area. The private dining area incorporates a fireplace with gas ignition. The roof deck would be similarly accessed by either the elevator or the covered staircase and would be an open space area available to be utilized by the public. The trash enclosure has been incorporated into the building along the northern elevation of the building with galvanized steel doors that would be flush with the building. Waste, recycling, and organics pick up would occur off of the alley. The location and orientation of the buildings would be consistent with the surrounding area, which is comprised of a mix of commercial and residential uses along Seacoast Drive and the surrounding area. The project is harmonious with other uses and structures, which include residential and commercial buildings in the neighborhood, because it proposes a commercial use where nearby properties are comprised of residential and commercial buildings.
16. The combination and relationship of one proposed use to another on the site is properly integrated.
The project proposes a commercial use that is properly integrated. The cohesive design style and the choice of building materials properly integrate the buildings.
17. Access to and parking for the proposed use does not create any undue traffic problem.
Commercial projects with a mix of uses require one parking space per 1,000 gross square feet of commercial space in the C/MU-2 zone, and shared parking or off-site parking within one thousand feet of the project site may be used to satisfy this requirement with the approval of a conditional use permit and implementation of one or more transportation demand management strategies (IBMC Section 19.48.050.J). The ability to reduce parking requirements was provided within the Municipal Code in an effort to encourage reduction of greenhouse gas emissions and reduce the demand for vehicular uses/parking.
The project is located on an existing 4,760 square foot lot that is occupied by a singlefamily residence. The applicant intends to demolish the existing single-family residence and construct a community serving commercial space that would include four tenant spaces. The applicant intends for the commercial tenant spaces to be occupied by restaurants or combination of compatible uses and an open roof deck area that would be provided as an amenity to serve the community. As such, the 6,706 square foot
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commercial building would generally require seven parking spaces. However, no parking is proposed for the project because the project is intended to enhance the pedestrian corridor and provide active commercial uses. The applicant was not able to provide a feasible method of providing off-street parking in addition to accommodating a layout with ground floor tenant spaces, in addition to the required restrooms, stairs, elevator, trash enclosure, grease interceptor and SDG&E electrical equipment.
The inclusion of three restaurant tenants on the ground floor with direct pedestrian access from the sidewalk meets the purpose of the C/MU-2 Zone (IBMC Section 19.27.020), which is to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. Additionally, two public parking lots are located within one thousand feet of the project site (300-feet to the north and 170-feet to the South). Therefore, reduction of parking may be proposed with implementation of transportation demand management strategies to reduce the demand for vehicle usage. The applicant is proposing surfboard racks and bicycle parking off of Seacoast Drive. Additional transportation demand management strategies include public transportation passes for employees and providing wayfinding signage with directions to the public parking lot and public transportation. Access and ingress and egress for the project should not create undue traffic problems because the project would implement transportation demand strategies which should encourage the use of alternate methods of transportation, including bicycles, walking, ride-hailing, and public transportation and would not create any undue traffic problems.
18. All other applicable provisions of the Zoning Code are complied with.
Commercial tenant spaces with restaurants or combination of compatible uses and an open roof deck are permitted in the C/MU-2 Zone. The proposed project is consistent with the zoning for this area and will comply with all of the regulations and conditions for these uses. Outdoor uses may be permitted subject to IBMC Section 19.72.040 and any other conditions noted in this Resolution. The portions of the structure that extend beyond the building height limit are in conformance with IBMC Section 19.40.020 and the floor to ceiling height has been reduced by 10% to 13’-6” in response to community feedback obtained through outreach. The reduction in the floor-to-ceiling height would comply with the regulations and conditions through the approval of a variance. The applicable findings and conditions of approval have been included with the Resolution to ensure compliance with the use and other permitted uses in the vicinity.
A conditional use permit is required to allow for off-site parking associated with the twostory commercial building. The project is located on an existing 4,760 square foot lot that is occupied by a single-family residence. The applicant intends to demolish the existing single-family residence and construct a community serving commercial space that would include four tenant spaces. The applicant intends for the commercial tenant spaces to be occupied by restaurants or combination of compatible uses and an open roof deck area that would be provided as an amenity to serve the community. As such, the 6,706 square foot commercial building would generally require seven parking spaces. However, no parking is proposed for the project because the project is intended to enhance the pedestrian corridor and provide active commercial uses. The applicant was not able to provide a feasible method of providing off-street parking in addition to accommodating a layout with ground floor tenant spaces, in addition to the required restrooms, stairs, elevator, trash enclosure, grease interceptor and SDG&E electrical equipment.
The inclusion of three restaurant tenants on the ground floor with direct pedestrian access from the sidewalk meets the purpose of the C/MU-2 Zone (IBMC Section 19.27.020),
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which is to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. Additionally, two public parking lots are located within one thousand feet of the project site (300-feet to the north and 170-feet to the South). Therefore, reduction of parking may be proposed with implementation of transportation demand management strategies to reduce the demand for vehicle usage (IBMC 19.48.050.J). The applicant is proposing the following transportation demand management strategies: 1) Provide bicycle racks to encourage use of bicycles; 2) Provide locking surf board racks to encourage pedestrian access; 3) Provide bus or ride-hailing vouchers to employees; 4) Provide a poster display with local bus routes to inform the public; and 5) Provide wayfinding signage with directions to public parking lot and public transportation. Implementing the above strategies should encourage the use of alternate methods of transportation, including bicycles, walking, ride-hailing, and public transportation. Application of transportation demand management strategies also emphasizes the City’s ongoing effort to reduce carbon footprints and greenhouse gas emissions. The transportation demand management strategies for the project shall be revisited and revised at the expense of the property owner if determined necessary by the City.
Regarding the portions of the building that extend beyond the height limit, the building parapets, elevator enclosure, stair enclosure and two ADA accessible restrooms that are substantially connected to the other enclosures extend beyond the height limit. IBMC Section 19.40.020, Exceptions, allows for “fire or parapet walls required by law” and “roof structures for the housing of elevators, stairways, tanks, ventilating fans, air conditioning equipment or similar equipment required to maintain and operate the building” to extend above the height limit. The restrooms located on the roof deck are necessary, vital equipment required to maintain the commercial building as the restrooms provide accessible hand sanitization areas and ADA accessible restrooms for a space (roof deck) that is accessible to the public and promotes/facilitates public congregations. It should be emphasized that in light of COVID-19, an unprecedented pandemic which has elevated the need for more stringent requirements related to cleanliness, sanitization, and personal bodily separation to ensure health and life safety, that providing adequate, accessible hand washing stations is imperative to safely maintain and operate a building. The World Health Organization, the Centers of Disease Control and Prevention, and The Division of Occupational Safety and Health have all released substantive guidance for preventing the spread of COVID-19; all of which heavily emphasize frequent handwashing and promoting social/physical distancing. The installation of accessible, single stall restrooms, on the roof deck promotes physical distancing, prevents queues from forming on the first and second floor, and provides an accessible space for person(s) with a disability to access the restroom. The restrooms located on the roof deck are necessary equipment for a space that is accessible to the public and promotes/facilitates public congregations, and as such, are in conformance with IBMC Section 19.40.020. While the restrooms and other portions of the structure that extend beyond the height limit in themselves do not require a CUP and may exceed the height limit in conformance with IBMC Section 19.40.020, conditions will be provided to ensure that the restrooms remain as vital operations of users of the building.
Applicable conditions of approval for the project have been included with the Resolution to further ensure compatibility with the vicinity, which includes the ability for the Community Development Director to modify conditions if necessity warrants. As such, the proposed use will comply with the regulations and conditions specified in this title for the use and for other permitted uses in the same zone.
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19. Any other considerations as the Community Development Department deem necessary to preserve the health, safety and convenience of the City in general.
Standard and applicable conditions of approval have been included with the Resolution to further ensure that the health, safety, welfare, and convenience of the City in general are preserved.
20. Public Notice requirements, pursuant to Zoning Ordinance Section 19.81.050, 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 April 5, 2021, and a public hearing notice was published in the South County Eagle & Times newspaper on April 8, 2021.
VARIANCE FINDINGS (IBMC § 19.84.050):
21. There are exceptional or extraordinary circumstances of conditions or hardships peculiar to the property including size, shape, topography, location or surroundings, that do not apply generally to the property in the same vicinity or zone. Hardships may include practical difficulties in development of the property for the needs of the owner or tenant consistent with the regulations of the zone; but in this context, personal, family or financial difficulties, loss of prospective profits, and/or neighboring violations are not hardships justifying a variance.
The location and surroundings of the property are irregular due to its proximity to the beach and surrounding coastal neighborhood. The applicant is proposing to develop a 28’6” tall two-story commercial building with a roof deck on a 4,760 square foot lot. IBMC Section
19.27.070(B) requires, “All commercial spaces on the ground floor shall have a minimum fifteen-foot floor-to-ceiling height; and single-story commercial buildings shall have a minimum building height of twenty feet.” After conducting significant community outreach, the applicant is proposing a variance to reduce the floor-to-ceiling height on the first floor by 10% from 15’ to 13’-6” as meeting the 15’ floor-to-ceiling height would increase the height of the overall structure, impeding coastal views of the surrounding neighborhood.
If the applicant maintained the 15’ floor-to-ceiling height on the first floor, the building would still be in conformance with the IBMC Section 19.27.070(A) Building Height which states, “No building in the C/MU-2 (Seacoast Commercial) zone shall exceed three stories or thirty feet in height” however, the applicant is proposing a variance to reduce the floorto-ceiling height 10% to 13’-6” to further benefit properties in the surrounding area. Similar deviations have been provided for other projects in the vicinity, though the deviation for this specific project is only intended to lower the overall height of the project.
22. The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same zoning district and the same general vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors.
Construction of a two-story structure with a roof deck, 30-feet in height, is in conformance with the underlying zoning requirements for building height (IBMC Section 19.27.070) in the C/MU-2 (Seacoast Commercial and Mixed-Use) Zone and is a property right both allowed and enjoyed by other properties in the vicinity. Although the City does not have a view protection ordinance, the applicant is proposing to reduce the floor-to-ceiling height on the first floor to decrease the overall height of the building as a benefit to the neighborhood. The variance would not constitute a special privilege granted to the property owner because the applicant could meet the underlying zoning requirements
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without the reduction, and is proposing the reduction of the first floor floor-to-ceiling height to benefit other neighboring properties. The applicant is proposing the variance in response to community input and the unique circumstances of the situation, which is a proposal of a reduction to meet the needs of the surrounding area instead of constructing to the maximum allowable building height. The applicant is proposing a building height 28’6” to better accommodate the community input for this location. Similar deviations have been provided for other projects in the vicinity, though the deviation for this specific project is would lower the overall height of the project.
23. The granting of such variance will not be substantially detrimental to adjacent property and will not materially impair the purpose of this title or the public interest.
The granting of the variance would not be substantially detrimental to adjacent property and would not materially impair the purpose of the interior floor-to-ceiling height requirements because of the unique circumstances of the situation, which is a proposal of a reduction to meet the needs of the surrounding area instead of constructing to the maximum allowable building height. The 10% reduction of the floor-to-ceiling height of the first floor better serves the public interest for this specific project. Similar deviations have been provided for other projects in the vicinity, though the deviation for this specific project is would lower the overall height of the project.
24. The granting of such variance will not adversely affect the general plan or local coastal program.
The granting of the variance would not adversely affect the General Plan or Local Coastal Program because the proposed development on the property is consistent with the land use standards of the general plan and local coastal program for the C/MU-2 Zone. General Plan/Local Coastal Program Design Element Section D-8(b) states that, “Projects should be designed so there is a harmonious relationship with adjoining uses,” and “The pattern of existing neighborhoods should be respected. A development should be integrated with the adjacent neighborhood if the project size or natural boundaries dictate, or the design should create one or more separate and strong neighborhood identities.” The C/MU-2 Zone requires 15’ floor-to-ceiling height on the first floor for commercial buildings and a building height not to exceed three-stories or 30-feet in height, however, reducing the overall height of the structure through a reduction of the floor-to-ceiling height would better meet the policies stated in the Design Element of the General Plan/Local Coastal Program with this project since it would provide a reduced overall building height and maintain neighboring coastal views, respecting the characteristics of the adjoining uses and structures. The two-story commercial building with a roof deck would not adversely affect the General Plan and Local Coastal Program because the municipal code allows for variances under certain circumstances, the property would better comply with the policies in the Design Element of the General Plan/Local Coastal Program, and the variance would provide for reasonable use of a property having unique characteristics. Similar deviations have been provided for other projects in the vicinity, though the deviation for this specific project is would lower the overall height of the project. Other commercial businesses have successfully operated with a floor-to-ceiling height of 13’-6” feet with no adverse impacts.
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 a six (6) month time extension for Regular Coastal Permit (CP 200060), Conditional Use Permit (CUP
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200061), Design Review Case (DRC 200062), Site Plan Review (SPR 200063), Variance (VAR 200064), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-Fill Development) for the construction of a new single-story 4,201 square foot commercial building at 740 Palm Avenue (APN 626-202-19-00) are hereby approved subject to the following:
CONDITIONS OF APPROVAL:
1. Approval of Regular Coastal Permit (CP 200060), Conditional Use Permit (CUP 200061), Design Review Case (DRC 200062), Site Plan Review (SPR 200063), Variance (VAR 200064), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-Fill Development) is valid for one year one-and-one-half years 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 May November 6, 2022, unless vested with substantial construction pursuant to an approved building permit. Approvals of the Regular Coastal Permit (CP 200060), Conditional Use Permit (CUP 200061), Design Review Case (DRC 200062), Site Plan Review (SPR 200063), Variance (VAR 200064), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-Fill Development) shall run coterminous.
2. The site shall be developed in substantial compliance with the plans received on April 1, 2021 and Stormwater Management Plan 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 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, future events may not be allowed.
4. The restrooms shall remain operational as vital operations of authorized invitee users of the building and are authorized due to the specific community-enhancing use of the project. The City acknowledges that no part of this property/project is being dedicated for public use. Limited to persons/use when the roof top is open for use.
5. Prior to tenant occupancy, the applicant must coordinate and create a plan with City safety staff for all proposed deliveries to the site. City safety staff approval will not be unreasonably withheld, conditioned, or delayed, and any restrictions will be nondiscriminatory and no more restrictive or onerous than restrictions placed on other retail uses in the City.
6. Lighting shall not have a negative effect on the existing neighborhood and a lighting plan shall be submitted and approved by the City prior to installation. 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 reasonable satisfaction of the City. Complaints which are unreasonable in nature, as determined by the City, or which demand unreasonable changes to the lighting plan previously approved by the City, will only be addressed if the applicant and City mutually agree to address them.
7. Hours of operation and use for outdoor patio and roof deck areas are subject to separate authorization by the City, dependent on the tenant and operational use of the spaces.
Hours and operation in the outdoor areas will be subject to review and modification by the Community Development Department and Public Safety Department, as necessary.
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Special events, live entertainment, or similar uses must obtain separate authorizations.
City approvals and authorizations will not be unreasonably withheld, conditioned, or delayed, and any restrictions will be non-discriminatory and no more restrictive or onerous than restrictions placed on other retail uses in the City. Any and all live entertainment is subject to separate permitting and unique conditions of approval.
8. It is recommended that any business participating in the sale of alcoholic beverages 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.
9. Noise from the building and outdoor areas (i.e. TV speakers, speakers, low frequency vibrations, amplification, events, or otherwise) should be minimized to the maximum extent practicable, should not reasonably impact the neighborhood, and is subject to separate authorization by the City. All speakers and other amplification shall be directed away from any residential use. If any noise complaints are received for uses at the property, the applicant shall investigate said complaint and mitigate any issues to the reasonable 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. City approvals and authorizations will not be unreasonably withheld, conditioned, or delayed, and any restrictions will be non-discriminatory and no more restrictive or onerous than restrictions placed on other retail uses in the City. Any and all live entertainment is subject to separate permitting and unique conditions of approval.
10. Outdoor patio and dining area shall never exceed Fire Department assessed occupancy.
11. Transportation demand management strategies shall be provided and permanently maintained by the applicant and/or property owner to encourage multiple methods of transportation, including the following: provide bike racks; provide secure surf board racks; require building tenants to provide a reasonable amount of public transportation cost reimbursement to employees of the building tenants for employees who elect to use public transportation; provide poster display with local bus routes. The transportation demand management strategies shall be revisited and revised at the expense of the property owner if determined reasonably necessary by the City.
12. Provide signage indicating location of off-site parking facilities.
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. An appeal of the City Manager’s decision will be filed in Superior Court.
14. 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.
15. All building/structural materials shall be kept in a sound and clean condition, subject to reasonable wear and tear and weathering.
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16. The applicant shall consider community input for the design of the incorporation of a mural, photo, or subject to the recommendation of landscaping consultants and the City and if the area is a suitable/feasible habitat for a green wall, a living green wall on the southern elevation of the building.
17. Backflow valves must be adequately screened.
18. Lockable surfboard storage must be provided. Users of the lockable storage will provide their own locks and storage would be at their own risk. Signage releasing the building businesses from liability for theft or damage may be posted.
19. The applicant should provide materials with a manufacturer longevity guarantee and all materials should be adequately maintained. The materials must be shown on the building permit plans.
20. Approval of this request shall not waive compliance with any portion of the Building Code and Municipal Code in effect at the time building permits are issued for the proposed development. The site shall be brought into compliance with city codes prior to issuance of building permits.
21. All stormwater requirements must comply with the most recent Municipal Storm Water Permit.
22. All landscaping must comply with the State’s model water efficient landscape ordinance; the landscape architect must indicate on the plans that these requirements shall be met.
23. Landscaping shall be installed prior to final inspection.
24. For any landscaped areas that reasonably require daily watering, a permanent irrigation system shall be installed and permanently maintained to serve those landscaped areas. All landscaped and bio-filtration areas, including those in the public right-of-way, shall be permanently maintained by the owner in a healthy condition, free from weeds, trash, and debris. The Developer shall comply with all State requirements for the Model Water Efficient Landscape Ordinance. For any areas which are xeriscaped, drought tolerant, or otherwise require watering of limited frequency, no irrigation system needs to be installed or maintained, but applicant must ensure that such landscaping receives the proper hydration as recommended by the applicant's landscape architect.
25. Any landscaping proposed to locate within the public right-of-way, including any other work in the right-of-way, requires a Temporary Encroachment Permit, subject to City approval.
Any required Temporary Encroachment Permit shall be applied for prior to or concurrent with issuance of the building permit required for the project. Application for a Temporary Encroachment Permit shall be made on forms available at the Community Development Department Counter.
26. This project is subject to all Municipal Codes, Model Codes, State Codes and City Ordinances adopted by the City of Imperial Beach.
27. All building permits required for the project shall be obtained from the Imperial Beach Building Department.
28. A licensed surveyor/engineer shall verify pad elevations and all building corners and setbacks.
29. Building height must comply with the IBMC Section 19.04.400, Height, measurement of:
“Height shall be measured from the average level of the highest and lowest point of the portion of the building site (at existing grade) covered by the building or structure to the
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highest point of the building or structure.” Exceptions to the height limit are noted in IBMC Section 19.40.020.
30. The applicant shall design the building so that it can accommodate a PV solar system to power the commercial building, and applicant will encourage the building tenants to install solar as part of their tenant improvements buildout, to the extent commercially feasible.
31. Obtain all required building permits (Building, Plumbing, Mechanical, Electrical, Grading etc.) for this project. All construction shall comply with the adopted 2019 California Building Standards Codes; Residential, Building, Electrical, Mechanical, Plumbing, Energy, Fire, Green Building, Historic Building, Existing Building, as amended by City Ordinance 2019-1190 and other applicable Municipal Codes in effect at the time of plan submittal for building permits.
32. Provide a note on plans: “Prior to Foundation Inspection a survey of the property shall be conducted from a California Licensed Surveyor and survey pins shall be in placed to identify the corners”.
33. All projects greater than or equal to twenty-five thousand dollars ($25,000), or which involve the construction and/or demolition of two-hundred-fifty (250) square feet or more of floor space shall comply with Imperial Beach Municipal Code Chapter 8.38. A completed Waste Management Plan shall be submitted with the building permit application.
34. Plans deviating from conventional wood frame construction shall have the structural portions signed and sealed by the California state licensed engineer or architect responsible for their preparation, along with structural calculations. (California Business and Professions Code).
35. No work for which a building permit is required shall be performed within the hours of 7:00 P.M. - 7:00 A.M. Monday - Friday, nor prior to 7:00 A.M. or after 5:00 P.M. on Saturday nor prior to 12:00 P.M. or after 4:00 P.M. on Sundays. A sign shall be posted at a conspicuous location near the main entry to the site, prominently displaying these hour restrictions.
36. Provide a complete set of building plans when the project is submitted for building review.
37. The project is located in noise critical areas (CNEL contours of 60 dB) as shown on the City’s General Plan. Your project will need to show compliance using one of the following methods from the California Green Building Standards Code (GBSC) or indicate an exemption:
• Prescriptive method (GBSC Section 5.507.4.1) - Wall and roof-ceiling assemblies exposed to the noise source shall meet a composite Sound Transmission Class (STC) rating of at least 50 or a composite Outdoor-Indoor Sound Transmission Class (OITC) rating of no less than 40.
• Performance Method (GBSC Section 5.507.4.2) - An acoustical analysis documenting complying interior sound levels, not in excess of an hourly equivalent noise level (Leq -1Hr) of 50 dBA in occupied areas during any hour of operation, shall be prepared by personnel approved by the architect or engineer of record.
38. New sewer connection to the main line shall be coordinated with the City Sewer Division.
Resolution No. 2022-18
39. Prior to approval of these plans the sewer lateral locations shall be drawn on the plans and submitted to the City for review and approval. If applicable, new buildings cannot be constructed on top of existing sewer lateral, rerouting is required.
40. Sewer laterals shall be installed per Regional Standards SS-01 through SS-04, SP-01 through SP-03 & SC-01. Upon completion, the applicant shall contact the Public Works Department for an inspection of the tie to the Main by calling the Public Works Inspector at (619) 551-8005.
41. (If applicable) For new commercial unit using existing sewer lateral, the applicant is required to demonstrate that the sewer lateral conforms to all City standards, specifications and codes. In order to determine the existing condition of the lateral, the applicant must provide an in-line closed-circuit video (CCTV) inspection of the lateral from the building to the City's sewer main. Any damaged sections of pipe found during the video inspection must be repaired before approval of the lateral for use.
42. If an existing sewer lateral servicing the site will not be utilized and is to be abandoned, it shall be abandoned per the Greenbook standards or other approved building standards.
Include the abandonment procedures on the building plans for City approval.
43. No building roof water drains may be piped to the street or onto impervious surfaces that lead to the street. A design that has these water discharges directly into the storm drain conveyance system (onto an impervious surface that flows to the street) is in violation of the Municipal Storm Water Permit - Order R9-2013-0001.
44. Building foundation elevations shall be at least one (1) foot above gutter line where reasonable and in compliance with ADA and building code compliance to minimize flooding during storm conditions.
45. If it is necessary to cut into the alley pavement as part of this project, all concrete cuts in the alley must be replaced with #4 rebar dowels positioned every 1 foot on center.
Concrete specification must be 560-C-3250. Concrete parallel to the alley drainage must be at least 1-foot from the alley drain line.
46. For alley, sidewalk or curb & gutter replacement ensure compliance with San Diego Regional Standard Drawing G-11 (Concrete Curb, Gutter, Sidewalk & Pavement Removal and Replacement) in that, the “Area to be removed [must be] 5’ or from joint to joint in panel, whichever is less.” The distance between joints or score marks must be a minimum of 5-feet. Where the distance from “Area to be removed”, to existing joint, edge or score mark is less than the minimum shown, “Area to be removed” shall be extended to that joint, edge or score mark.
47. If it is necessary to cut into the alley pavement as part of this project, all concrete cuts in the alley must be replaced with #4 rebar dowels positioned every 1 foot on center.
Concrete specification must be 560-C-3250. Concrete cuts must also comply with Condition #15 and cuts parallel to the alley drainage must be at least 2-feet from the alley drain line.
48. Along the public right-of-way, the applicant shall eliminate any existing tripping hazard caused by the condition of the existing public sidewalk along the property frontage. The remedial work required herein shall be performed to the satisfaction of the Public Works Inspector.
49. All existing sidewalk and pedestrian ramps abutting the property on Elder Ave. & Seacoast Dr. that do not conform to current ADA standards shall be reconstructed and replaced per
Resolution No. 2022-18
SDRSD G-7, with sidewalk joint locations per SDRSD G-9 and concrete joint details per SDRSD G-10.
50. Where existing right-of-way pavement is to be removed, a clean, neat line shall be sawcut at the edge of existing pavement where the new replacement pavement to be installed.
A minimum twelve (12) inch cut shall be provided between a new driveway, curb or other concrete work that meets with asphalt. This will give a clean, compactable area to transition from new concrete to existing road surface. All driveways or sidewalks shall be poured as soon as possible after disturbance of existing pavement to prevent erosion of pavement integrity. Any damaged pavement shall be repaired with like material to the satisfaction of the Public Works Inspector. Existing street widths shall not be narrowed as a result of apron placement.
51. All trench resurfacing shall be performed in accordance with the standards shown below and shall be subject to inspection by the City’s Public Work Inspector. The permittee shall be responsible for calling for an inspection at (619) 423-8311. Trenches and improvements in streets shall conform to regional standards as follows:
• Trenches wider than six (6) inches: Use Regional Standard G-24A type C & G24B. The base shall be compacted with twelve (12) inch maximum lifts to 95% modified proctor and test reports.
• Trenches six (6) inches or less: Use regional standard G-33 Type B. Call for an inspection prior to the Asphalt repair at (619) 551-8005. • Traffic Control plans shall be followed per approved plans and adjusted by the contractor for changing conditions.
• Trench plates used for a SDG&E gas connection (which can take several weeks), or on downhill road sections, need to be ground down so plates are flush with roadway. All plates are to be slip resistant. All open trenches in roadway shall be plated and secured at the end of the work day. All other open trenches shall be plated or covered in heavy plywood.
• Where a curb exists, the applicant shall bore under curb or saw cut a minimum of the width of the asphalt patch and replace with same construction. • No trench shall be opened in any street for the purpose of laying pipes, conduits or ducts except when the prior written consent of the Director of Public Works has been obtained. Construction shall include restoration of all speed controls (bumps or humps) and all striping and/or any signage that may be disturbed as the result of project implementation. Restoration of disturbed speed humps shall include a double coat of speed hump paint with glass crystals. No open trench shall be allowed across any street or within 10 ft. of any travel way.
52. For any work to be performed in the street or alley, submit a traffic control plan for approval by Public Works Director a minimum of 5 working days in advance of street work. Traffic control plan is to be per Regional Standard Drawings or CALTRANS Traffic Control Manual.
53. The applicant shall be responsible for informing the public of the traffic conditions existing within the construction area at all times by placement of appropriate warning and advisory signs. The applicant shall also provide and maintain all traffic control and safety items.
Barricades and any other delineation in the right of way shall be required and maintained by applicant for the duration of the right of way improvements. Applicant assumes sole and complete responsibility for the job and site conditions during the course of
Resolution No. 2022-18
construction, including safety of all persons and property. This requirement shall apply continuously twenty-four (24) hours per day and shall not be limited to normal work hours.
54. For any project that proposes work within the public right-of-way (i.e., driveway removal/construction, sidewalk removal/construction, street or alley demolition/reconstruction, sewer lateral trenching and installation, landscaping and irrigation, fences, walls within the public right-of-way, etc.), a Temporary Encroachment Permit (TEP) shall be applied for and approved either prior to or concurrent with issuance of the building permit required for the project. Application for a Temporary Encroachment Permit shall be made on forms available at the Community Development Department.
55. Permittee shall schedule inspections with the Public Works Department (619) 423-8311 at least 24 hours prior to need as follows:
• Sidewalk, Driveway, Curb and Gutter and other Concrete Work Pre-pour and Final • Street Excavation T-Cut and Final
• Sewer Lateral Capping during Demolition and New Lateral Connection to Main • All Other Encroachment Activity Final
56. All alley, driveway, sidewalk, or curb & gutter construction within the City right-of-way shall require either a “CLASS A” or “C-8” Contractor’s license. All sewer lateral installations and trenching work within the City right-of-way shall require a “CLASS A” Contractor’s license.
57. Any disposal/transportation of solid/construction waste in roll off containers must be contracted through EDCO Disposal Corporation unless the hauling capability exists integral to the prime contractor performing the work.
58. Ensure construction design includes adequate storage (out of the front yard setback) for three (3) trash barrels (regular trash, recycled waste, green waste).
59. The parcel impervious surfaces are not to increase beyond that proposed in the project review drawings. This will be as a post-construction condition in order to maximize the water runoff infiltration area on the parcel in compliance with Municipal Storm Water Permit – Order R9-2013-0001.
60. Install/set property survey monuments at all property corners. Prepare either a Record of Survey or Corner Record, whichever is applicable pursuant to the requirements of the State Land Surveyor’s Act. Said Record of Survey or Corner Record shall be recorded in the office of the San Diego County Recorder. Provide the City with a recorded copy.
61. Applicant required to provide verification of post construction Best Management Practice (BMP) maintenance provisions through a legal agreement, covenant, CEQA mitigation requirement, and / or Conditional Use Permit. Agreement is provided through the Community Development Department.
62. Property owner must institute “Best Management Practices” to prevent contamination of storm drains, ground water and receiving waters during both construction and post construction. The property owner or applicant BMP practices shall include but are not limited to:
• Contain all construction water used in conjunction with the construction. Contained construction water is to be properly disposed in accordance with Federal, State, and City statutes, regulations and ordinances.
Resolution No. 2022-18
• All recyclable construction waste must be properly recycled and not disposed in the landfill.
• Water used on site must be prevented from entering the storm drain conveyance system (i.e. streets, gutters, alley, storm drain ditches, storm drain pipes). • All wastewater resulting from cleaning construction tools and equipment must be contained on site and properly disposed in accordance with Federal, State, and City statutes, regulations, and ordinances.
• Erosion control - All sediment on the construction site must be contained on the construction site and not permitted to enter the storm drain conveyance system.
Applicant is to cover disturbed and exposed soil areas of the project with plastic– like material (or equivalent product) to prevent sediment removal into the storm drain system. See CASQA’s (California Stormwater Quality Association) Construction Best Management Practices Handbook for other alternative erosion and sediment control BMPs.
63. Two days prior to any excavation, “Dig-Alert” (800) 227-2600 shall be notified to locate all known underground utilities.
64. Applicant must underground all utilities serving the property in accordance with IBMC
13.08.060.C as noted below, applicability to new structures:
• For any development which requires a building permit but is of a valuation of fifty thousand dollars or less, the applicant will be required either to underground the utilities or to sign a deferral agreement pertaining thereto. • For any development of single-family residence(s) or duplex(es) which exceeds a valuation of fifty thousand dollars, the applicant will be required to sign a deferral agreement with, and pay a recording fee to, the City.
• Any development of property other than as described in subsection A or B of this section in excess of fifty thousand dollars valuation will be required to underground all utility services on-site, adjacent thereto and those which traverse the site.
65. 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 (MF 1387) 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 Regular Coastal Permit (CP 200060), Conditional Use Permit (CUP 200061), Design Review Case (DRC 200062), Site Plan Review (SPR 200063), Variance (VAR 200064), 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
Resolution No. 2022-18
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.
66. 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.
67. The Developer shall pay off any deficits in his project account (MF 1387) 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.
2. That a six (6) month time extension for Regular Coastal Permit (CP 200060), Conditional Use Permit (CUP 200061), Design Review Case (DRC 200062), Site Plan Review (SPR 200063), Variance (VAR 200064) and Categorical Exemption pursuant to CEQA Guidelines 15332 Class 32 (In-Fill Development) is approved for the demolition of an existing single-family residence and construction of a new two-story commercial building with a roof deck at 951 Seacoast Drive (APN 625- 352-23-00).
3. The City Manager or his designee shall provide notice to the California Coastal Commission of the City Council’s approval of the Coastal Permit pursuant to IBMC Section 19.87.160(A)(2).
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:
SUNEM CARBALLO, CMC
DEPUTY CITY CLERK
March 7, 2022
Meagan Openshaw
City of Imperial Beach
Community Development Department
Senior Planner
825 Imperial Beach Blvd.
Imperial Beach, CA 91932
Meagan,
This letter is a formal request for a one-time extension request for Regular Coastal Permit (CP 200060), Conditional Use Permit (CUP 200061), Design Review Case (DRC 200062), Site Plan Review (SPR 200063), Variance (VAR 200064), and Categorical Exemption pursuant to CEQA Guidelines 15332 (InFill Development), which is scheduled to expire at the end of business on May 6,2022, unless vested with substantial construction pursuant to an approved building permit. Approvals of the Regular Coastal Permit (CP 200060), Conditional Use Permit (CUP 200061), Design Review Case (DRC 200062), Site Plan Review (SPR 200063), Variance (VAR 200064), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-Fill Development) shall run coterminous.
The reason for the one-time extension was SDG&E requested the redesign of the NE corner of the property for the transformer and possibly a sound enclosure after the initial Plan Check Submittal. We were required to provide an Acoustical Report, showing the proposed 75KVA Phase transformer does not exceed 40db.This Report was provided on 10.11.2021. On 10.27.2021 SDG&E completed their review and the drawings were updated and resubmitted to the City of Imperial Beach on 01.25.2022.
Respectfully,
Jim Darroch
PGAL
ATTACHMENT 2
T:\Community Development\Master Files\MF 1387 RC Commercial Holdings, LLC. @ 951 Seacoast Drive\MF 1387 RC Commercial Holdings, LLC City Council 031622\042121 MF 1387 RC Commercial Holdings, LLC CC Staff Report.doc AGENDA ITEM NO. _ _
STAFF REPORT
CITY OF IMPERIAL BEACH
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
MEETING DATE: APRIL 21, 2021
ORIGINATING DEPT.: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: RC COMMERCIAL HOLDINGS, LLC (APPLICANT);
CONSIDERATION OF REGULAR COASTAL PERMIT (CP
200060); CONDITIONAL USE PERMIT (CUP 200061); DESIGN
REVIEW CASE (DRC 200062); SITE PLAN REVIEW (SPR
200063); VARIANCE (VAR 200064); AND CATEGORICAL
EXEMPTION PURSUANT TO CEQA GUIDELINES SECTION
15332 CLASS 32 (IN-FILL DEVELOPMENT PROJECTS) FOR
THE CONSTRUCTION OF A NEW TWO-STORY COMMERCIAL
BUILDING WITH A ROOF DECK AT 951 SEACOAST DRIVE
(APN 625-352-23-00). MF 1387.
EXECUTIVE SUMMARY:
The owner of a property located at 951 Seacoast Drive, which is located in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone, has initiated the process to demolish the existing structure and construct a new two-story commercial building with a roof deck. The Design Review Board reviewed the project on March 18, 2021 and recommended approval of the project’s design with a vote of 5-0 subject to the conditions noted in this report.
FISCAL ANALYSIS:
The Applicant has deposited $10,300.00 to fund processing of the application.
RECOMMENDATION:
That the City Council adopt Resolution 2021-21, approving Regular Coastal Permit (CP 200060), Conditional Use Permit (CUP 200061), Design Review Case (DRC 200062), Site Plan Review (SPR 200063), Variance (VAR 200064), and Categorical Exemption pursuant to CEQA Guidelines 15332 Class 32 (In-Fill Development) demolish the existing single-family residence and construct a new two-story commercial building with a roof deck at 951 Seacoast Drive (APN 625-352-23-00) in the C/MU-2 (Seacoast Commercial and Mixed Use) Zone.
RATIONALE:
The project should contribute favorably to the Seacoast mixed-use corridor and would comply with the purpose of the C/MU-2 Zone, which is to provide land to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. It is intended that the dominant type of commercial activity in the C/MU-2 zone will ATTACHMENT 3
City Council Staff Report
RC Commercial Holdings, LLC (MF 1387)
April 21, 2021
T:\Community Development\Master Files\MF 1387 RC Commercial Holdings, LLC. @ 951 Seacoast Drive\MF 1387 RC Commercial Holdings, LLC City Council 031622\042121 MF 1387 RC Commercial Holdings, LLC CC Staff Report.doc be visitor-serving retail such as specialty stores, surf shops, restaurants, and hotels and motels.
Mixed-use and multiple family residences are also permitted in the C/MU-2 zone.
OPTIONS:
In addition to receiving this report and adopting staff’s recommendations, the City Council can:
• 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 a decision can be rendered.
BACKGROUND/ANALYSIS:
An application
(MF 1387)
was submitted
to the City on
December 16,
2020 for a
Coastal Permit
(CP 200060),
Conditional
Use Permit
(CUP
200061),
Design
Review Case
(DRC
200062), Site
Plan Review
(SPR 200063), and Variance (VAR 200064) proposing to demolish the existing building and construct a new two-story commercial building with multiple commercial tenant spaces and a roof deck at 951 Seacoast Drive (APN 625-352-23-00) in the C/MU-2 (Seacoast Commercial and Mixed Use) Zone. The project site fronts Seacoast Drive and the areas to the north, south, and east are also located in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone and include a mixed use building with ground floor commercial and residential units to the north and multifamily residences to the south and east. The area to the west of the project site is the Portwood Pier Plaza which is zoned PF (Public Facility).
Building Orientation and Design: The two-story commercial building would front Seacoast Drive and along Elder Avenue with three commercial tenant spaces on the ground floor and an open patio/outdoor dining area. Direct pedestrian access is provided off of the Seacoast Drive sidewalk through the open 21-foot wide patio entrance. The patio entrance leads into an open courtyard space that is intended to be utilized as an open recreational dining area. Fronting Seacoast Drive just to the south of the patio pedestrian entrance, a planted landscape area fronts a railing and countertop that would be underlit by an LED light. To the north of the patio entrance is additional planted landscaping. The ground floor tenant spaces would include dark bronzed framed clear glass storefronts that would provide visibility into the future tenant spaces.
City Council Staff Report
RC Commercial Holdings, LLC (MF 1387)
April 21, 2021
T:\Community Development\Master Files\MF 1387 RC Commercial Holdings, LLC. @ 951 Seacoast Drive\MF 1387 RC Commercial Holdings, LLC City Council 031622\042121 MF 1387 RC Commercial Holdings, LLC CC Staff Report.doc The second story would be accessed by either an elevator or a covered staircase and includes a fourth tenant space, office area, a u-shaped bar, outdoor seating, and a private dining area.
The private dining area incorporates a fireplace with gas ignition. The roof deck would be similarly accessed by either the elevator or the covered staircase and would be an open space area available to be utilized by the public. The trash enclosure has been incorporated into the building along the northern elevation of the building with galvanized steel doors that would be flush with the building. Waste, recycling, and organics pick up would occur off of the alley. The location and orientation of the buildings would be consistent with the surrounding area, which is comprised of a mix of commercial and residential uses along Seacoast Drive and the surrounding area.
To provide variation in the footprint and lending relief for the massing of the building, the project provides an open dining area on the ground floor by varying the building projections. Portions of the commercial building provide an additional 35-foot setback on the ground floor, a 16-foot to 22-foot stepback on the second floor, and a 23-foot setback on the roof deck from the western property line fronting Seacoast Drive. The roof deck would be accessible to the public and proposes to provide two enclosed ADA accessible restroom facilities.
City Council Staff Report
RC Commercial Holdings, LLC (MF 1387)
April 21, 2021
T:\Community Development\Master Files\MF 1387 RC Commercial Holdings, LLC. @ 951 Seacoast Drive\MF 1387 RC Commercial Holdings, LLC City Council 031622\042121 MF 1387 RC Commercial Holdings, LLC CC Staff Report.doc The building architectural style would be modern, with the primary colors including crystal white, silver gray, and belle glade plaster; variations in colors and materials for the wall accents include CMU block natural regalstone, natural splitface, natural block veneer, sealed carbon color concrete; and fiber cement siding. The wooden building accents included on the north, south, and west building elevations are a honeytone natural wooden finish with a protective coating. The fireplace on the second floor would utilize buff Whitacre greer firebrick. Additional accent colors include Ravenna/overture tile which would primarily be utilized for the tree seating planter fronting Seacoast Drive, elder white painted doors, and cable railing. Flooring for the site would be concrete sandcastle permeable pavers and wood like Arizona tile. The storefront main entrance would include a powder coated dark bronze security grille that would be closed during non-busines hours. Additionally, a mural would be provided on portions of the northern elevation and on the southern elevation of the building.
Building Height:
The C/MU-2 Zone requires a maximum base building height of 30-feet. The project proposes a varied roofline with the top of the roof deck measuring approximately 28-feet and 6-inches, the top of the parapet measuring approximately 32-feet, and the top of the elevator enclosure/accessible restrooms measuring approximately 41-feet. Imperial Beach Municipal Code (IBMC) Section 19.40.020, Exceptions, allows for “fire or parapet walls required by law” and “roof structures for the housing of elevators, stairways, tanks, ventilating fans, air conditioning equipment or similar equipment required to maintain and operate the building” to extend above the height limit. The applicant is proposing to include the restrooms as part of the elevator housing for purposes of accessibility and to safely maintain and operate the building in conformance with state law.
California state law requires that “Publicly and privately owned facilities where the public congregates shall be equipped with sufficient temporary or permanent restrooms to meet the needs of the public at peak hours.” (California Health and Safety Code Section 118500). The roof deck is a space which the applicant is proposing as an area that facilitates public
City Council Staff Report
RC Commercial Holdings, LLC (MF 1387)
April 21, 2021
T:\Community Development\Master Files\MF 1387 RC Commercial Holdings, LLC. @ 951 Seacoast Drive\MF 1387 RC Commercial Holdings, LLC City Council 031622\042121 MF 1387 RC Commercial Holdings, LLC CC Staff Report.doc congregation, and should be considered as equipment necessary to operate the building, similar to an elevator enclosure and other necessary equipment.
In addition, the applicant has stated that during public outreach meetings in the building design phase, ownership committed to providing access to the roof deck for visitors of the building to enjoy, including for uses such as community classes and meetings, dining, sunset viewing, exercise classes, and private events. As California state law requires that spaces must be equipped with sufficient restroom facilities to meet peak hour demand, the proposed roof deck restrooms that are substantially connected to the elevator and stair enclosure are proposed to be incorporated into the project to meet this requirement.
Furthermore, in light of COVID-19, an unprecedented pandemic which has elevated the need for more stringent requirements related to cleanliness, sanitization, and personal bodily separation to ensure health and life safety, providing adequate, accessible hand washing stations is proposed to safely maintain and operate a building. The applicant has provided additional information in Attachment 3 noting that the World Health Organization, the Centers of Disease Control and Prevention, and the Division of Occupational Safety and Health have recommend frequent handwashing and promoting social/physical distancing.
The applicant suggests that installation of accessible, single stall restrooms, on the roof deck promotes physical distancing, prevents queues from forming on the first and second floor, provides an accessible space for person(s) with a disability to access the restroom and, as such, are necessary equipment for a space that is accessible to the public and promotes/facilitates public congregations, and is therefore in conformance with IBMC Section
19.40.020. A condition of approval has been provided within the draft resolution noting that, if authorized, the restrooms shall remain operational as vital operations of users of the building and are authorized due to the specific community-serving use of the project.
Ground-Floor Commercial Floor-to-Ceiling Dimension:
Imperial Beach Municipal Code Section 19.27.070.B requires that all commercial spaces on the ground floor to provide a minimum 15-foot floor-to-ceiling height. Following neighborhood meetings about the project design, feedback was received suggesting that the floor-to-ceiling height be lowered 10% to lower the overall height of the building. As such, the applicant is requesting to reduce the commercial vertical floor-to-ceiling height from 15 feet to 13-feet 6- inches, which is why the building measures 28-feet 6-inches to the top of the roof deck instead of 30-feet. This modification is proposed to benefit the surrounding neighborhood and does not increase height in any other portions of the building.
Landscaping:
The site measures 4,760 square feet, 15% of which must be landscaped (i.e. 714 square feet).
The project proposes to include 419 square feet of planted landscaping at grade and 270 square feet of planted landscape areas above grade. The planted landscaping would include ornamental grasses, tall succulents to provide vertical drama and interest, flowering vines to provide color, and a centerpiece palm tree in the courtyard to enhance the beach/coastal setting of Imperial Beach. The applicant also is proposing to include 1,780 square feet of permeable pavers at grade to meet the landscape requirement. The applicant states that the project aims to provide a lively, street side dining experience that is activated by several tenants simultaneously. The ground floor is intended to allow for dining tables, walk up windows, and pedestrian circulation to accommodate the proposed goal of providing an active, accessible, open patio/dining experience that can be accessed by both residents and tourists alike. With the incorporation of pervious pavers at grade and the landscaping elements throughout the project, 2,469 square feet of landscaping elements would be provided throughout the development (419
City Council Staff Report
RC Commercial Holdings, LLC (MF 1387)
April 21, 2021
T:\Community Development\Master Files\MF 1387 RC Commercial Holdings, LLC. @ 951 Seacoast Drive\MF 1387 RC Commercial Holdings, LLC City Council 031622\042121 MF 1387 RC Commercial Holdings, LLC CC Staff Report.doc sq. ft. of planted landscaping at grade, 1,780 sq. ft. of pavers at grade, and 270 sq. ft. of planted landscaping above grade).
Uses:
The two-story commercial building with a roof deck would include three restaurant commercial tenant spaces on the ground floor, an office, restaurant, and bar on the second floor and an open roof deck patio area that would be accessible to the public. The ground floor tenant space and outdoor patio/dining area is approximately 3,100 square feet and the assumed occupancy is 12 persons for the interior tenant spaces and 43 seats at the exterior dining patio area. The second-floor tenant space is approximately 2,000 square feet and the projected occupancy for the tenant space is four persons and there are 81 seats located in the exterior dining and bar area. The roof deck space is approximately 1,000 square feet and has a maximum capacity of 71 occupants. It is intended that with the proximity to the park and pier, most of the restaurant patrons would be pedestrian clientele.
Off-Street Parking
Commercial projects with a mix of uses require one parking space per 1,000 gross square feet of commercial space in the C/MU-2 zone, and shared parking or off-site parking within one thousand feet of the project site may be used to satisfy this requirement with the approval of a conditional use permit and implementation of one or more transportation demand management strategies (IBMC Section 19.48.050.J). The ability to reduce parking requirements was provided within the Municipal Code in an effort to encourage reduction of greenhouse gas emissions and reduce the demand for vehicular uses/parking.
The project is located on an existing 4,760 square foot lot that is occupied by a single-family residence. The applicant intends to demolish the existing single-family residence to construct a community serving commercial space that would include four tenant spaces. The applicant intends for the commercial tenant spaces to be occupied by restaurants or combination of compatible uses and an open roof deck area that would be provided as an amenity to serve the community. As such, the 6,706 square foot commercial building would generally require seven parking spaces. However, no parking is proposed for the project because the project is intended to enhance the pedestrian corridor and provide active commercial uses. The applicant was not able to provide a feasible method of providing off-street parking in addition to accommodating a layout with ground floor tenant spaces, in addition to the required restrooms, stairs, elevator, trash enclosure, grease interceptor and SDG&E electrical equipment.
The inclusion of three restaurant tenants on the ground floor with direct pedestrian access from the sidewalk meets the purpose of the C/MU-2 Zone (IBMC Section 19.27.020), which is to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. Additionally, two public parking lots are located within one thousand feet of the project site (300-feet to the north and 170-feet to the South).
Therefore, reduction of parking may be proposed with implementation of transportation demand management strategies to reduce the demand for vehicle usage. The applicant is proposing surfboard racks and bicycle parking off of Seacoast Drive. Additional transportation demand management strategies include public transportation passes for employees and providing wayfinding signage with directions to the public parking lot and public transportation.
Implementing these transportation demand strategies should encourage the use of alternate methods of transportation, including bicycles, walking, ride-hailing, and public transportation.
Application of transportation demand management strategies also emphasizes the City’s ongoing effort to reduce carbon footprints and greenhouse gas emissions. It is noted that parking is a consistent area of concern within the community and a condition has been added to
City Council Staff Report
RC Commercial Holdings, LLC (MF 1387)
April 21, 2021
T:\Community Development\Master Files\MF 1387 RC Commercial Holdings, LLC. @ 951 Seacoast Drive\MF 1387 RC Commercial Holdings, LLC City Council 031622\042121 MF 1387 RC Commercial Holdings, LLC CC Staff Report.doc the draft resolution noting that the transportation demand management strategies for the project shall be revisited and revised at the expense of the property owner if determined necessary by the City.
Staff finds that the design would conform to the intent and purpose of the design standards outlined in IBMC Section 19.83.010 and contribute positively to the Seacoast Drive corridor, which is primarily comprised of commercial buildings and multi-family residences in the vicinity of the project site. The applicant’s design provides varied rooflines, building projections, building materials, and colors.
Design Review Board:
The Design Review Board reviewed the project on March 18, 2021 and recommended approval of the project’s design with a vote of 5-0 (see Attachment 2) with the following recommendations (a response to each comment is provided in Attachment 3 and summarized below):
• Screen the backflow valves to be less visible.
o Response: The domestic and fire backflow preventers are located on the east side of the trash enclosure. As requested, the water meter and landscape backflow preventer will be located underground on the north side of the building. • Provide lockable surfboard storage.
o Response: A locking surfboard rack would be provided. • Incorporate more sightline mitigation with see through materials at the north end of the building on the roof.
o Response: The design of the parapet on the north elevation (facing the alley) is composed of vertical 2x2 wood or wood composite elements with 50% open (2” spacing between vertical members). This parapet detail was designed to both allow some screened view, air, and light through it, while also serving as a mechanical equipment screen. When passers-by along Seacoast look up at the parapet from the street, the spacing is just tight enough to screen the view of the
City Council Staff Report
RC Commercial Holdings, LLC (MF 1387)
April 21, 2021
T:\Community Development\Master Files\MF 1387 RC Commercial Holdings, LLC. @ 951 Seacoast Drive\MF 1387 RC Commercial Holdings, LLC City Council 031622\042121 MF 1387 RC Commercial Holdings, LLC CC Staff Report.doc mechanical equipment without having a solid parapet detail. The architect believes that a more see-thru parapet, such as a cable rail, would look awkward and inconsistent with the rest of the elevation, but more importantly, would not screen the view of the mechanical equipment, which could be unsightly. The architect strongly recommends against the use of cable rail as a design solution.
However, a compromised approach of changing the spacing on the vertical wood elements to a maximum of 4” spacing may be considered. This would help to maintain the consistency of the aesthetic; however, it would also provide a higher visibility of the mechanical equipment and may not achieve a desired end result. • Alternate wood materials should be provided; the materials should have a longevity guarantee.
o Response: The project currently is testing the following wood and wood alternate products on site: WD-1: Accoya, WD-2: Tricoya, WD-3: Thermory & WD-4:
Newtechwood. In addition to these a cement board product could be used.
Ownership is researching materials and would select products or materials that have a strong track record of holding up to a marine environment • The project should look into the feasibility of community input for the mural and/or green wall on the south elevation.
o Response: A mural could be added to the south elevation of the building via a community competition. If this is not desired, landscape planters would be hung from the top of the open stair and vines would be used to grow down the wall from above.
• Limitations should be provided for operating hours and noise. o Response: The future building tenant(s) will adhere to normal restaurant business hours of operation and any noise ordinances established by the City of Imperial Beach. In addition, conditions of approval have been added to the resolution to reasonably regulate noise, lighting, and operations. • Replace the yucca plant with a different species.
o Response: The yucca plant has been removed from the project. • Revise renderings to incorporate landscaping.
o Response: Revisions to the plan were incorporated.
• Add more landscaping to ground floor to better meet the 15% requirement. o Response: The Ground Floor landscape areas on the west side of the building has been increased in depth.
• Add the material legend to the elevations.
o Response: The requested Material Legend has been added to the Exterior Elevations
• The conditional use permit should specify that restrooms should be provided for increased accessibility and available for users of the building. o Response: The applicant provided a detailed response within Attachment 3 noting that restrooms are required per California state law and recommended in areas where individuals may congregate by the World Health Organization,
City Council Staff Report
RC Commercial Holdings, LLC (MF 1387)
April 21, 2021
T:\Community Development\Master Files\MF 1387 RC Commercial Holdings, LLC. @ 951 Seacoast Drive\MF 1387 RC Commercial Holdings, LLC City Council 031622\042121 MF 1387 RC Commercial Holdings, LLC CC Staff Report.doc Centers of Disease Control and Prevention, and Cal/OHSA. The draft resolution for the project notes that the restrooms are necessary for operation of the building and a condition in the resolution notes that the restrooms shall remain operational as vital operations of users of the building. • Work with safety staff to prepare a plan for deliveries. o Response: The applicant will coordinate a deliveries plan with Public Safety staff. • Incorporate all the landscaping elements into a revised landscape plan and rendering. o Response: Plans were modified to reflect the project.
As noted above, most recommendations were incorporated into the plans and provided as conditions of approval within Resolution 2021-21, and a response was provided for each comment. It should be noted that during discussion of the project, it was questioned whether a property manager would be available. The applicant has responded that a dedicated property manager office would locate on the second floor and that building signage with a directory noting the manager contact information would be provided.
General Plan Consistency:
C/MU-2 (Seacoast Commercial and Mixed-use) Zone: The purpose of the C/MU-2 zone is to provide land to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. It is intended that the dominant type of commercial activity in the C/MU-2 zone will be visitor-serving retail such as specialty stores, surf shops, restaurants, and hotels and motels. Mixed-use and multiple family residences are also permitted in the C/MU-2 zone and in the Seacoast Mixed Use/Residential Overlay Zone. The development standards of the C/MU-2 zone encourage pedestrian activity through the design and location of building frontages and parking provisions. (IBMC Section
19.27.010). The proposed commercial project meets the purpose and intent of the land use designation.
Zoning Chart:
C/MU-2 STANDARDS PROVIDED/PROPOSED
Maximum density of one dwelling unit for every one
thousand five hundred gross square feet of lot area
(Section 19.27.020).
The project is not proposing any
residential units.
Yard requirements for the C/MU-2 zone are as
follows:
A. On property fronting on Seacoast Drive, the
front of each building shall be set on the front
property line. For purposes of this
requirement an arcade is considered a part
of the building. For lots not fronting on
Seacoast Drive there are no front, side, or
rear yard setbacks in the C/MU-2 zone
except as follows:
A. The project fronts Seacoast Drive
and along Elder Avenue. The
project is proposing a two-story
commercial building with a roof
deck including four commercial
tenant restaurant spaces, a bar,
and an accessible roof deck.
Direct pedestrian access from the
Seacoast Drive sidewalk to the
project’s open patio/dining area
and three ground floor restaurants
is provided through a 21-foot wide
City Council Staff Report
RC Commercial Holdings, LLC (MF 1387)
April 21, 2021
T:\Community Development\Master Files\MF 1387 RC Commercial Holdings, LLC. @ 951 Seacoast Drive\MF 1387 RC Commercial Holdings, LLC City Council 031622\042121 MF 1387 RC Commercial Holdings, LLC CC Staff Report.doc B. For lots not fronting on Seacoast Drive there
are no front, side, or rear yard setbacks in
the C/MU-2 zone.
C. A five-foot rear and/or side yard setback is
required for properties abutting any property
zoned R-2000;
D. The open space and landscaping
requirements as stated in Chapter 19.50 of
this code shall be met.
pedestrian entrance located along
Seacoast Drive which contributes
to the active commercial use.
IBMC Section 19.04.017 defines
active commercial uses as those
that generate/contribute to a high
level of pedestrian activity,
sidewalk traffic, and active streets.
B. The side yard of the project abuts
Elder Avenue to the south and the
building provides a 0-foot setback.
The side yard for the portion of the
building off of the alley adjacent to
the northern property line is 1-foot
and 4-inches.
C. The rear yard of the project does
not abut a residential zone.
D. 15% of the site must be
landscaped, and 14.5% of planted
landscape is provided throughout
the project site, 8.8% is provided
at grade, and 37.4% of the ground
floor provides permeable pavers.
“Active Commercial Uses” as defined in Chapter
19.05 are required for all buildings with frontage
along Seacoast Drive at a minimum of 60% of each
building’s ground floor lineal footage, have direct
pedestrian access from the Seacoast Drive sidewalk
or a plaza, and have a minimum building depth of
twenty-five feet. The remaining forty percent must
either be primarily related to the commercial use,
such as parking, access, or other non-active
commercial purpose or, if related to non-commercial
use, must be designed either to encourage and
promote pedestrian activity or to visually screen
required on-site parking (Section 19.27.020.A.1).
The project fronts Seacoast Drive and
along Elder Avenue. The project is
proposing a two-story commercial
building with a roof deck including four
commercial tenant restaurant spaces,
a bar, and an accessible roof deck.
Direct pedestrian access from the
Seacoast Drive sidewalk to the
project’s open patio/dining area and
three ground floor restaurants is
provided through a 21-foot wide
pedestrian entrance located along
Seacoast Drive which contributes to
the active commercial use. IBMC
Section 19.04.017 defines active
commercial uses as those that
generate/contribute to a high level of
pedestrian activity, sidewalk traffic,
and active streets.
Areas along the frontage that provide
direct pedestrian access to the
commercial building or usable plazas
City Council Staff Report
RC Commercial Holdings, LLC (MF 1387)
April 21, 2021
T:\Community Development\Master Files\MF 1387 RC Commercial Holdings, LLC. @ 951 Seacoast Drive\MF 1387 RC Commercial Holdings, LLC City Council 031622\042121 MF 1387 RC Commercial Holdings, LLC CC Staff Report.doc exceed 60% of the frontage.
The building provides a building depth
ranging from 20-feet to 42-feet.
A. On property with a side or rear yard abutting
a residential zone, the second-floor stepback
shall be a minimum of five feet from the
abutting residential property line and the
third-floor stepback shall be a minimum of ten
feet from the abutting residential property
line.
B. On properties fronting Seacoast Drive, an
upper-story setback of five to ten feet is
required for a minimum of fifty percent of
street-facing façades along Seacoast Drive.
(Section 19.27.041)
A. The project does not abut a
residential zone on the side or
rear yard.
B. The portions of the project building
are setback up to 35-feet from
Seacoast Drive on the ground
floor, steppedback 16-feet to 22-
on the second floor, and
steppedback 23-feet on the roof
deck.
Minimum lot size of 3,000 square-feet (Section
19.27.050).
The lot size would measure 4,760
square feet.
Minimum street frontage of 30 feet (Section
19.27.060).
The Seacoast Drive frontage is
approximately 95.18 feet and the
Elder Avenue frontage is 50.02 feet.
Maximum building height of three stories or 30 feet
(Section 19.27.070).
The project proposes a varied
roofline. The top of the roof deck
measures 28-feet and 6-inches, the
top of the roof deck parapet measures
32-feet, and the top of the elevator
enclosure/accessible restroom
measures 41-feet. The roof deck
would be accessible to the public and
proposes two enclosed ADA
accessible restroom facilities. The
enclosed ADA restrooms would be
attached to the elevator enclosure and
staircase by a connecting roof
structure. The portions of the building
that exceed the height limit are
subject to Imperial Beach Municipal
Code (IBMC) Section 19.40.020,
Exceptions, which allows for “fire or
parapet walls required by law” and
“roof structures for the housing of
elevators, stairways, tanks, ventilating
fans, air conditioning equipment or
similar equipment required to maintain
City Council Staff Report
RC Commercial Holdings, LLC (MF 1387)
April 21, 2021
T:\Community Development\Master Files\MF 1387 RC Commercial Holdings, LLC. @ 951 Seacoast Drive\MF 1387 RC Commercial Holdings, LLC City Council 031622\042121 MF 1387 RC Commercial Holdings, LLC CC Staff Report.doc
1. Properties within the Seacoast Residential
Overlay Zone are subject to a reduced single-family
residential building height of two stories or twenty-six feet, whichever is less, per Section 19.27.140(C);
2. Properties east of Seacoast Drive shall have a
height limit not to exceed three stories and thirty-five feet with approval of a conditional use permit that
demonstrates compliance with the following:
a. Side yard setbacks and/or stepbacks
have been incorporated into the project to protect
street-end public views towards the ocean;
b. Two or more of the development
incentives listed in Section 19.27.020(A)(5); and
3. Hotel, as defined in Section 19.04.410 as an H-1
type hotel, shall have a height limit not to exceed
forty feet as part of an approved Specific Plan
pursuant to Section 19.27.150.
and operate the building.”. The
applicant is proposing parapet walls
that would extend 2-feet above the
30-feet height limit and is proposing to
include the restrooms as part of the
elevator housing for purposes of
accessibility and building operation,
which would locate approximately 11-
feet above the height limit.
1. The project is not within the
Seacoast Residential Overlay Zone.
As such, this section does not apply.
2. The project site is not seeking a
conditional use permit for the purpose
of the increased height.
a. Side yard setbacks along
Elder Avenue have been incorporated
into the project to protect street-end
public views towards the ocean;
b. Two or more of the
development incentives listed in
Section 19.27.020(A)(5) have been
incorporated in to the project; and
3. The project does not propose a
hotel use. As such, this section does
not apply.
The applicant will be required to show
conformance with the height
requirement as required by IBMC
19.04.400.
All commercial spaces on the ground floor shall have
a minimum fifteen-foot floor-to-ceiling height; and
single-story commercial buildings shall have a
minimum building height of twenty feet. (Section
19.27.070).
The project is proposing a floor-toceiling height of 13-feet and 6-inches for the commercial ground floor of the
two-story commercial building based
upon community input. The ten
percent reduction of the floor to ceiling
height requirement of 15-feet would
allow for a ceiling height of 13-feet
and 6-inches and a building height of
28-feet 6-inches instead of 30-feet,
and excluding the parapets and
City Council Staff Report
RC Commercial Holdings, LLC (MF 1387)
April 21, 2021
T:\Community Development\Master Files\MF 1387 RC Commercial Holdings, LLC. @ 951 Seacoast Drive\MF 1387 RC Commercial Holdings, LLC City Council 031622\042121 MF 1387 RC Commercial Holdings, LLC CC Staff Report.doc elevator/restroom enclosure.
No buildings shall be located less than five feet from
any other building on the same lot. (Section
19.26.080)
No buildings shall be located less than
five feet from any other building on the
same lot.
Landscaping requirements are as follows (Section
19.50.030, Commercial Landscaping):
A. Not less than fifteen percent of the total site
shall be landscaped and permanently
maintained.
B. There shall be a five-foot-wide landscape
area between any parking area and any
public street right-of-way.
C. A portion of a property not used for buildings,
parking, walkways, loading or storage areas
shall be landscaped.
D. There shall be a minimum three-foot by
fifteen-foot, or forty-five square foot,
landscaped area within the parking area (not
including perimeter area landscaping) for
every three parking spaces or the equivalent.
A minimum width of three feet is required. A
four-foot by fifteen-foot area may be
permitted for every four spaces, five-foot-wide
for five spaces, etc.
E. Prior to issuance of any building permits, a
complete landscaping plan shall be submitted
to the Community Development Department
for approval. Such approval shall be subject
to appeal in the manner set forth in Sections
19.84.070 through 19.84.090.
F. Landscaping and required watering system
shall be installed prior to the use of the
premises. All landscaping material in required
landscaping areas shall be permanently
maintained in a growing and healthy
condition, including trimming, as appropriate
to the landscaping material.
A. The 4,760 square foot lot requires
a minimum of 714 square feet of
landscaping (4,760 x .15 = 714).
689 square feet (14.5%) of planted
landscape is provided throughout
the project site, 419 square feet
(8.8%) is provided at grade, and
1,780 square feet (37.4%) of the
ground floor provides permeable
pavers.
B. There is no parking area near the
public right-of-way.
C. Portions of a property not used for
buildings, parking, walkways,
loading or storage are landscaped.
D. The project does not propose
parking, as such, this section does
not apply.
E. A complete landscape plan would
be required prior to issuance of
building permits.
F. Landscaping and required
watering system shall be installed
prior to the use of the premises
subject to state requirements.
City Council Staff Report
RC Commercial Holdings, LLC (MF 1387)
April 21, 2021
T:\Community Development\Master Files\MF 1387 RC Commercial Holdings, LLC. @ 951 Seacoast Drive\MF 1387 RC Commercial Holdings, LLC City Council 031622\042121 MF 1387 RC Commercial Holdings, LLC CC Staff Report.doc G. A permanent irrigation system shall be
installed to serve all landscaped areas.
G. A permanent irrigation system
shall be installed to serve all
landscaped areas subject to state
requirements.
Required parking spaces for mixed-use project
require one parking space per 1,000 gross square
feet of commercial space. Projects within the C/MU2 Zone are eligible for additional parking reduction for shared parking. (Section 19.48.035).
In the C/MU-1, C/MU-2, and C/MU-3 zones, shared
parking or off-site parking within one thousand feet of the project site may be used to satisfy this
requirement with the approval of a conditional use
permit. Projects in these zones shall be reviewed to
determine the suitability and feasibility of
implementing one or more transportation demand
management strategies that may be approved
through a development agreement. (Section
19.48.050.J)
6,709 square feet of commercial
space would require 7 parking spaces
(6,709/1000 = 6.709 = 7). However,
no parking is proposed for the project.
The applicant intends for the
commercial tenant spaces to be
occupied by restaurants and an open
roof deck area that would be provided
as an amenity to serve the
community. To accommodate the
layout with three of the four tenant
spaces locating on the ground floor, in
addition to the required restrooms,
stairs, elevator, trash enclosure,
grease interceptor and SDG&E
electrical equipment, there is no
feasible way to also include off-street
parking. The inclusion of three
restaurant tenants on the ground floor
provides direct pedestrian access
from the sidewalk to restaurants and
meets the purpose of the C/MU-2
Zone (IBMC Section 19.27.020) which
is to meet the demand for goods and
services required primarily by the
tourist population, as well as local
residents who use the beach area.
In an effort to encourage reducing the
greenhouse gas emissions and
vehicular uses/parking, the Municipal
Code allows for shared parking of offsite parking within one thousand feet of the project site to be used to satisfy
the parking requirements with
approval of a conditional use permit.
Two public parking lots are located
within one thousand feet of the project
site (300-feet to the north and 170-
feet to the South). Therefore,
reduction of parking may be proposed
with implementation of transportation
demand management strategies to
reduce the demand for vehicle usage.
The applicant is proposing surfboard
City Council Staff Report
RC Commercial Holdings, LLC (MF 1387)
April 21, 2021
T:\Community Development\Master Files\MF 1387 RC Commercial Holdings, LLC. @ 951 Seacoast Drive\MF 1387 RC Commercial Holdings, LLC City Council 031622\042121 MF 1387 RC Commercial Holdings, LLC CC Staff Report.doc racks and bicycle parking off of
Seacoast Drive. Additional
transportation demand management
strategies include public
transportation passes for employees
and wayfinding signage with
directions to the public parking lot and
public transportation.
Surrounding Land Use and Zoning:
Surrounding Areas Surrounding Zoning Surrounding Land Use North C/MU-2 (Seacoast Commercial & Mixed-Use) Mixed-Use Building South C/MU-2 (Seacoast Commercial & Mixed-Use) Residential East C/MU-2 (Seacoast Commercial & Mixed-Use) Residential West PF (Public Facility) Park
ENVIRONMENTAL IMPACT:
The project may be categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 (In-Fill Development Projects).
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. The project is 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, would be appealable to the California Coastal Commission under Section 30603(a) of the California Public Resources Code.
Attachments:
1. Resolution 2021-21
2. DRB Draft Meeting Minutes
3. Applicant Response to CCC and DRB Comments
4. Architectural and Landscape Plans
5. Project Renderings and Labeled Renderings
6. Materials Board
7. Landscape Materials Board
8. Colored Site Plan
c: file MF 1387
P a g e | 1
March 16, 2022
ITEM TITLE: CITY COUNCIL CONSIDERATION OF ORDINANCE 2022-1212 AMENDING THE
NOISE REGULATIONS OF IMPERIAL BEACH IN PUBLIC PARKS AND OTHER PUBLIC SPACES.
ORIGINATING DEPARTMENT:
City Manager
EXECUTIVE SUMMARY:
Staff has prepared several amendments to various sections of the Imperial Beach Municipal Code to clarify the regulations associated with noise in public parks and other public spaces in the City.
Some of the existing regulations are unclear and challenging to enforce. The amendments will improve consistency in the enforcement of the regulations.
RECOMMENDATION:
Staff recommends introduction of Ordinance 2022-1212 amending the noise regulations.
OPTIONS:
Introduction of Ordinance 2022-1212 amending the noise regulations Continuation of the item with direction provided to the City Manager Reject the proposed Ordinance and amendments to the Municipal Code BACKGROUND/ANALYSIS:
Unwelcome noise and sound emanating from public parks and other public spaces is one of the most common complaints received in relation to parks and open space. The current regulations are unclear in some instances and staff has prepared a series of amendments to allow the regulations to be applied more consistently.
Ordinance 2022-1212 identifies modifications to Chapter 9.32, Chapter 12.33, and Chapter 12.56 of the Imperial Beach Municipal Code that when implemented will clarify and enhance the existing regulations and rules. Some of the more important changes are related to construction noise and sound amplification. The amendments also clarify which members of staff are authorized to issue citations for violation of the noise regulations.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT: None
ATTACHMENTS:
1. Ordinance 2022-1212
Attachment 1
ORDINANCE NO. 2022-1212
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING SECTIONS OF CHAPTERS 9.32, 12.33, AND 12.56 OF THE IMPERIAL BEACH
MUNICIPAL CODE PERTAINING TO NOISE IN PUBLIC PARKS AND OTHER PUBLIC SPACES
WHEREAS, the City Council of Imperial Beach desires to maintain the peace, quiet and comfort of the community; and
WHEREAS, there are existing regulations and rules that identify the limits of allowable noise in public parks and in other public spaces; and
WHEREAS, there is a need to amend Chapter 9.32, Chapter 12.33, and Chapter 12.56 of the Imperial Beach Municipal Code to enhance the existing regulations and rules.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH AS FOLLOWS:
Section 1: The above recitals are true and correct and incorporated herein as findings as though set forth in full.
Section 2: Section 9.32.020 of the Imperial Beach Municipal Code is hereby amended to read as follows (underline indicates new language and strikethrough indicates deleted language):
9.32.020 Prohibited noises.
The following noises, among others, are declared to be disturbing to the peace, quiet and comfort of that portion of the community or neighborhood wherein they are created and in violation of Section 9.32.010. Such enumeration, however, shall not be deemed or construed as in any degree exclusive, but merely illustrative, it being the intent and purpose of this section to include and prohibit all noises of the character described in Section 9.32.010.
A. Signal Devices. The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle, in any manner or circumstances or for any other purpose than required or permitted by the Vehicle Code or other laws of the state; B. Vehicle Noises. Any loud or disturbing noise caused by screeching of a vehicle tire, the acceleration of a vehicle engine, the exhaust from a vehicle pipe or muffler, or the excessive blowing of a horn;
C. Hawkers and Peddlers. Loud or disturbing shouting or crying of peddlers, hawkers and venders, including newsboys;
D. Advertising. Using any sound instrument or device for the purpose of attracting attention to any show or sale or display of merchandise, or for advertising or political purposes, by the creation of loud or disturbing noise;
E. Prolonged Noises. Prolonging or continuing a necessary noise beyond the period necessitating it;
F. Animals. The keeping of any animal or bird which by frequent or long continued noise disturbs the comfort or repose of any person residing or working in the vicinity; G. Noises Near Certain Premises. The creation of any unnecessary noise on the street adjacent to any school, church or court so as to disturb or unnecessarily interfere with the workings of such institution; or the creation of any unnecessary noise on the street
Ordinance No. 2022-1212
adjacent to a hospital so as to unnecessarily or unreasonably disturb the patients in such hospital;
H. Construction. The use of any tools, power machinery or equipment or the conduct of construction and building work so as to cause noises disturbing to the peace, comfort, and quiet enjoyment of property comfort and repose of any person residing or working in the vicinity, or in excess of 75 decibels, between the hours of 107:00 p.m. and 7:00 a.m., Monday through Friday; 5:00 p.m. and 8:00 a.m. on Saturday; or anytime on a Federal holiday or Sunday, except when the work same is necessary for emergency repairs required for the health and safety of any member of the community, or when prior written approval has been obtained from the Community Development Director, is prohibited. A sign shall be posted at a conspicuous location near the main entry to the work site prominently displaying these restrictions;
I. Sound Amplifying Equipment. Sound amplifying equipment as used herein shall mean any machine or device used for the amplification of the human voice, music or any other sound. No sound amplifying equipment is allowed without 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.
J. Musical Instruments. A musical instrument is a machine or device created or adapted to make musical sounds. Musical instruments that are discernable beyond 50 feet are prohibited without 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.
K. Noise. Noise can be defined as unwanted or objectionable sound. The volume of noise shall be controlled so that said volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility and so that the volume of sound shall not exceed a weighted sound level of 65 decibels on the “slow” scale at a distance of 50 feet as measured by a sound level meter which meets “American National Standard.” Section 3: Section 9.32.040 of the Imperial Beach Municipal Code is hereby amended to read as follows (underline indicates new language and strikethrough indicates deleted language):
9.32.040 Enforcement of prima facie violations.
Any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of the Penal Code, lifeguard, code enforcement officer, park ranger or other City employee assigned to do code enforcement, who encounters prima facie evidence of a violation of this chapter Section 9.32.030 is empowered to enforce this section.
Section 4: Section 9.32.050.A. of the Imperial Beach Municipal Code is hereby deleted in its entirety and replaced with the following (underline indicates new language and strikethrough indicates deleted language):
A. All means of enforcement authorized under this code may be used to address violations of this chapter, including, but not limited to, criminal actions, civil penalties, nuisance abatement, civil actions, and administrative citations. Violations of this chapter may be charged as a misdemeanor in accordance with Chapter 1.12 of this code and shall be punishable to the fullest extent of the law including a $1,000.00 fine and/or six months in jail. Each day such violation is committed or