Agenda packet — Imperial Beach City Council, June 21, 2023 (part 1 of 2)

City Council Agenda
Regular Meeting - 6:00 p.m.

Wednesday, June 21, 2023
Council Chambers
825 Imperial Beach Boulevard
Imperial Beach, CA 91932

THE CITY COUNCIL ALSO SITS AS THE IMPERIAL BEACH PLANNING COMMISSION, PUBLIC

FINANCING AUTHORITY, HOUSING AUTHORITY, AND IMPERIAL BEACH REDEVELOPMENT AGENCY SUCCESSOR AGENCY.

Public Comments: Members of the public can participate in-person at the City Council meeting to provide public comments.

Members of the public can also submit written comments prior to the City Council meeting via e-mail at:
[email protected].

Copies of the written comments received by noon on the day of the City Council meeting will be provided to the City Council and be made available to the public at the City Council meeting. They will be part of the official record of the meeting, but they will not be read aloud at the meeting.

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 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://pub-imperialbeach.escribemeetings.com/?Year=2023 Pages

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. REIMBURSEMENT DISCLOSURES/REPORTS ON ASSIGNMENTS AND

COMMITTEES
All City Council assignments are available for review in the City Clerk’s Office.

5. COMMUNICATIONS FROM CITY STAFF

6. 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.

7. PRESENTATIONS

7.a SAN DIEGO COMMUNITY POWER PRESENTATION BY CEO KARIN BURNS. *
*No staff report.

8. 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. 8.a through 8.h.

8.a APPROVAL OF CITY COUNCIL MEETING MINUTES. 6
Recommendation:

That the City Council approves the Regular Meeting Minutes of June 7, 2023.

8.b RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM MAY 27, 2023, TO JUNE 9, 2023. (0300-25)
15 Recommendation:

Staff is requesting that the City Council ratify and file the Warrant Register Report.

8.c RECEIVE TREASURER’S REPORT FOR MAY 2023. (0300-90) 26 Recommendation:

Staff recommends that the City Council receive and file the May 2023 Treasurer's Report.

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8.d RESOLUTION 2023-52 CONTINUING THE PROCLAMATION OF A STATE

OF LOCAL EMERGENCY RELATING TO IMPACTS FROM CROSS-BORDER POLLUTION IN THE TIJUANA RIVER. (0150-40 & 0210-26)
53 Recommendation:

Adopt Resolution No. 2023-52 to maintain a state of local emergency related to the cross-border pollution impacts from the Tijuana River and authorize the City Manager, Mayor, and Councilmembers to work with local, State, Federal, and Mexican authorities to advance binational projects to improve conditions in the Tijuana River.

8.e SECOND READING AND ADOPTION OF ORDINANCE 2023-1228
AMENDING CHAPTER 1.12, CHAPTER 1.16, AND CHAPTER 1.22 OF THE

IMPERIAL BEACH MUNICIPAL CODE RELATED TO CODE

ENFORCEMENT, ADMINISTRATIVE CITATIONS, AND NUISANCE
ABATEMENT. (0470-95)
58 Recommendation:

That the City Council conduct the second reading, waive further reading, and adopt Ordinance No. 2023-1228 amending Chapters 1.12, 1.16 and 1.22 of the Imperial Beach Municipal Code.

8.f CONSIDERATION OF A SPECIAL EVENT APPLICATION FOR THE USE OF

PIER PLAZA BY MIKE HESS BREWING COMPANY TO HOST HESSFEST XIII. (1040-10)
93 Recommendation:

Staff recommends the City Council consider the request from the HessFest XIII event applicant to activate Pier Plaza as an event venue on Saturday, August 12, 2023.

8.g RESOLUTION 2023-56 TO ACCEPT AND APPROPRIATE $35,000 IN SAN

DIEGO SENIORS COMMUNITY FOUNDATION GRANT FUNDS FOR

ENHANCEMENTS TO THE OUTDOOR COURTYARD AND PROGRAMMING
AT THE SENIOR COMMUNITY CENTER. (0330-15 & 0930-20)
107
Recommendation:

Adopt Resolution 2023-56 to accept

8.h RESOLUTION NO. 2023-57 APPROPRIATING $113,200 TO THE FY23 CITY HALL IMPROVEMENTS PROJECT (F23101). (0910-10)
112
Recommendation:

Adopt Resolution No. 2023-57 to authorize the appropriation of $113,200 to the Project budget.

9. ORDINANCES/INTRODUCTION & FIRST READING
None.

10. PUBLIC HEARINGS

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10.a BUCKEYE INVESTMENTS, INC. (APPLICANT); CONSTRUCTION OF A

MIXED-USE BUILDING WITH GROUND FLOOR COMMERCIAL AND EIGHT

RESIDENTIAL CONDOMINIUM UNITS AND CEQA GUIDELINES
EXEMPTION SECTION 15332 AT 757 SEACOAST DRIVE (APN 625-192-04- 00) USE-22-0088. (0600-20).
115
Recommendation:

That the City Council adopt Resolution 2023-49, approving Regular Coastal Development Permit (CP-22-0012), Conditional Use Permit (CUP-22-0011), Design Review Case (DRC- 22-0024), Site Plan Review (SPR-22-0025), Tentative Map (TM- 22-0002), and categorical exemption pursuant to the California Environmental Quality Act (CEQA) guidelines 15332 Class 32 (InFill Development Projects) at 757 Seacoast Drive (APN 625-192-04-00), which is located in the C/MU-2 (Seacoast Commercial & Mixed Use) Zone subject to the conditions as specified in the attached resolution.

10.b OTAY LAKES BREWERY LLC/NOVO BRAZIL (APPLICANT)/CCC BEVERAGE COMPANY LLC (OWNER); CONDITIONAL USE PERMIT (CUP23-0001), & CATEGORICAL EXEMPTION PER CEQA GUIDELINES SECTION 15301 FOR LIVE ENTERTAINMENT AT 535 FLORENCE
STREET. USE-23-0029. (0600-20)
204
Recommendation:

That the City Council adopt Resolution 2023-50, approving Conditional Use Permit (CUP-23-0001), and Categorical Exemption pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities), allowing for the operation of live entertainment within an existing restaurant at 535 Florence Street (APN 626-192-03-00 & 616-021-14-00), which is located in the C/R-ET (Commercial/Recreation-Ecotourism) Zone.

11. REPORTS

11.a PROPOSED EAGLE SCOUT PROJECT PRESENTATION FOR PARKWAY IN FRONT OF ONEONTA ELEMENTARY SCHOOL. (0920-05)
218
Recommendation:

1.Receive this report.

2.Receive a presentation regarding the proposed improvements.

3.Comment and direct staff and the candidates regarding the design of the proposed project.

4.Authorize the City Manager or designee to sign the Eagle Project plan and advance the project for construction as approved by City Council and City staff.

11.b APPROVAL OF RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AGREEMENT WITH EXOS COMMUNITY SERVICES FOR
MAR VISTA POOL LIFEGUARD SERVICES. (0400-95)
220
Recommendation:

That the City Council adopt Resolution 2023-59 authorizing the City Manager or designee to execute an agreement with EXOS Community Services, LLC for lifeguard services.

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11.c CONSIDERATION OF AN INTERIM ORDINANCE IMPOSING A

MORATORIUM ON NEW RETAIL USES ENGAGED IN FIREARM OR

AMMUNITION SALES AND FINDING SUCH ORDINANCE EXEMPT FROM CEQA. (0610-95)
247
Recommendation:

City Staff recommends that the City Council consider the adoption of Ordinance No. 2023-1231 to adopt an interim moratorium.

11.d RESOLUTION NO. 2023-55 ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-2024 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017. (0390-86)
256
Recommendation:

Staff recommends that the City Council adopt Resolution 2023-55 approving the FY2023-2024 Project List for Senate Bill 1 (Road Repair and Accountability Act of 2017) Road Maintenance and Rehabilitation Account funding.

11.e CONSIDERATION OF RESOLUTION NO. 2023-53 REPEALING AND REPLACING RESOLUTION NO. 2022-37 RAISING THE BANNERS OF

EXISTING MILITARY BRANCHES AND ADDING UNITED STATES SPACE

FORCE AND THE HONOR & SACRIFICE FLAG ON THE FLAGPOLE AT CITY HALL. (0900-95)
261
Recommendation:

Staff is recommending that the City Council approve Resolution No. 2023-53 which will repeal and replace Resolution No. 2022-37 to raise the banner of all the United States Military Branches and include the United States Space Force in addition to the Honor & Sacrifice Flag.

11.f ITEM TITLE: RESOLUTION NO. 2023-58 AUTHORIZING A BUDGET

AMENDMENT FOR A COMPREHENSIVE SECURITY CAMERA AND
ACCESS CONTROL SYSTEM AT CITY HALL. (0410-10)
264
Recommendation:

Staff recommends that the City Council approve Resolution No. 2023-58 authorizing a budget amendment for a comprehensive security and access control system at city hall and authorize the City Manager or designee to enter into a professional services agreement with Convergint Technologies, LLC for the installation and maintenance of the technology.

12. I.B. REDEVELOPMENT AGENCY SUCCESSOR AGENCY REPORTS
None.

13. ITEMS PULLED FROM THE CONSENT CALENDAR (IF ANY)

14. CITY COUNCIL FUTURE AGENDA REQUESTS

15. ADJOURN REGULAR MEETING

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P a g e | 1
June 21, 2023
ITEM TITLE:APPROVAL OF CITY COUNCIL MEETING MINUTES.

ORIGINATING DEPARTMENT:

City Clerk
RECOMMENDATION:

That the City Council approves the Regular Meeting Minutes of June 7, 2023.

ATTACHMENTS:

ATT 1 – CC Regular Meeting Minutes 06-07-2023_DRAFT

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Attachment 1
1 CITY OF IMPERIAL BEACH

CITY COUNCIL

CLOSED/REGULAR MEETING MINUTES
June 7, 2023, 5:00 p.m.

Council Chambers
825 Imperial Beach Boulevard
Imperial Beach, CA 91932

Present: Councilmember Aguirre, Mayor Pro-Tem Leyba-Gonzalez, Councilmember McKay, Councilmember Seabury, Councilmember Fisher
Staff City Manager Foltz, Chief Administrative Officer Cortez-Martinez, City Attorney Lyon, Assistant City Clerk Malone, Assistant Community Director/Building Official Wagner
The City Council also sits as the Imperial Beach Planning Commission, Public Financing Authority, and Imperial Beach Redevelopment Agency Successor Agency. _____________________________________________________________________

1. CALL CLOSED SESSION TO ORDER
Mayor Aguirre called the Closed Session Meeting to order at 5:00 p.m.

2. ROLL CALL
Per City Attorney Lyon all of City Council were in attendance.

3. CLOSED SESSION
City Attorney Lyon reported out of Closed Session under Item 9. Communications From City Staff.

3.a CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code section 54957.6:

Agency Designated Representatives: City Manager, Chief Administrative Officer, City Attorney, Finance Manager, Human Resources Manager, City Planner/Management Associate
Employee Organization: Imperial Beach Firefighters’ Association (IBFA), Local 4692

3.b PUBLIC EMPLOYEE PERFORMANCE EVALUATION

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Attachment 1
2 Pursuant to Government Code section 54957
Title: City Attorney

4. ADJOURN CLOSED SESSION
Mayor Aguirre adjourned the Closed Session at 6:00 p.m.

5. CALL REGULAR MEETING TO ORDER
Mayor Aguirre called the Regular Meeting to order at 6:00 p.m.

6. ROLL CALL
Assistant City Clerk Malone took the roll.

7. PLEDGE OF ALLEGIANCE
Port Commissioner Malcolm led the Pledge of Allegiance.

8. REIMBURSEMENT DISCLOSURES/REPORTS ON ASSIGNMENTS AND

COMMITTEES
Councilmember Fisher
 SANDAG Board Meeting
 SANDAG representative at the National Association of Regional Councils in Detroit
Councilmember Seabury
 Bike Anywhere Day Event
 Tree Planting Event
 Taste of IB Event
 IB Chambers Meeting
 Memorial Day Event
 PRIDE Flag Day Event
 Mar Vista High School 72nd Graduation
 South County Economic Development Council
Councilmember McKay
 Meeting with Mayor Aguirre for Ad-hoc Campaign Finance Committee  South Bay Union School District Board of Trustees Meeting  METRO Wastewater JPA Regular Board Meeting
 Mar Vista High School 72nd Graduation
Mayor Pro Tem Leyba-Gonzalez
 MTS Board of Directors Meeting
 SANDAG Board Meeting as MTS representative
Mayor Aguirre
 San Diego Community Power Finance and Risk Management Sub-Committee  CALCCA - Community Choice Aggregate Annual Conference in San Diego  South County Mayor's Luncheon in Imperial Beach
 City Council Special Workshop - Leading with Respect
 Meeting with CalEPA Moises Moreno, Deputy Secretary for Environmental Justice, Tribal Affairs and Border Relations
 San Diego Community Power Board Meeting

Page 8 of 267 ends

Attachment 1
3  VFW Memorial Day Event
 Meeting with South Bay Union School District Superintendent Espinoza - Board of trustees considering a Children's Swim Summer Program MOU  South Bay Union School District Meeting - Facilities Master Plans  PRIDE Flag Day Event
 Industrial Environmental Annual Conference
 SANDAG Shoreline Preservation Working Group
 Mar Vista High School 72nd Graduation
 Meeting/Press Conference with US Senator Alex Padilla, Region 9 Administrative Martha Guzman, and IBWC representative - rehabilitation needs of the sewage treatment plant
 Meet and Greet with Capitan Montero and Capitan McKissick from the Navy  Visited YMCA Camp Surf
 California Coastal Commission Meeting

9. COMMUNICATIONS FROM CITY STAFF
City Attorney Lyon reported out on Closed Session that direction was given and no reportable action was taken.

City Manager Foltz provided an update on the process to open the Mar Vista Pool to the public.

He also announced that Item 11.b will be moved to a future meeting. In addition, he stated that staff recommends Item 15.a be taken directly after item 11.a due to relatability.

Motion by Councilmember McKay
Seconded by Councilmember Seabury
The City Council approved moving Item 15.a directly after Item 11.a due to relatability.

AYES (5): Councilmember Aguirre, Mayor Pro-Tem Leyba-Gonzalez, Councilmember McKay, Councilmember Seabury, and Councilmember Fisher
Motion Carried (5 to 0)

10. PUBLIC COMMENT
Written Public Comments provided by: Eric Syverson.

Public Comments provided by:

Lauren Gaw supported bringing back the Public Safety Ad-hoc Committee.

Natalie Anderson stated that the Mar Vista Pool could be made available to the public by charging a monthly fee to cover the lifeguard service and maintenance to those who would like access to it. She also stated her concerns related to crosswalk safety on 9th Street and Elm Avenue for the High School kids.

Page 9 of 267 ends

Attachment 1
4 Robin Bray suggested looking within the City to employee lifeguards to open the Mar Vista pool to the public. She also suggested that the local dog park be split in half so there is a space for small dogs and big dogs to play.

Bryan Bell supported opening the gym at the IB Sports Park to the community and is willing to volunteer his time to assist this endeavor.

City Manager Foltz stated that the City is in the process of remodeling the Sports Park gym so that it can be reopened to the community.

Jarred Caswell requested to meet with the City to potentially partner with him on his IB Shuffling business.

Josie Hamada thanked staff for not watering the grass before the Farmers Market and the new chairs used at the Memorial Day Event. She also stated her opinion on the AAPI Proclamation that was taken to Council at the May 17, 2023, Regular City Council Meeting and the abstained vote.

Larry Zajone stated that parking is an issue and with the size of this project parking will only get worse regarding the project on 757 Seacoast Drive.

Indigo Curtis supported bringing back the Public Safety Ad-hoc Committee. She also stated her opinion on the AAPI Proclamation that was taken to Council at the May 17, 2023, Regular City Council Meeting, and the abstained vote.

Felicia House stated her opinion on the AAPI Proclamation that was taken to Council at the May 17, 2023, Regular City Council Meeting, and the abstained vote.

11. PRESENTATIONS

11.a PRIDE PROCLAMATION. (0410-30)
Motion by Councilmember Fisher
Seconded by Councilmember McKay
Approved the proclamation.

AYES (5): Councilmember Aguirre, Mayor Pro-Tem Leyba-Gonzalez, Councilmember McKay, Councilmember Seabury, and Councilmember Fisher Motion Carried (5 to 0)
Mayor Aguirre read the Proclamation.

Public Comments provided by:

Carol Tennebaum, Patti Boman, Lynne Fischer, Josie Hamada, Nadia Kean Ayub, Indigo Curtis, Minerva Garcia, Danielle Richardson, Johnathan Brown, and Lauren Gaw spoke in support of the item.

Written public comments submitted by:

Page 10 of 267 ends

Attachment 1
5 Kim Frink, Paul Corigliano, Tim Black, and Sandra Brillhart.

City Council discussion ensued.

11.b WATER SERVICE UPDATE BY CALIFORNIA AMERICAN WATER. (0840-70) Item was moved to a future agenda per City Manager Foltz.

11.c PRESENTATION ON PORT DISTRICT ACTIVITIES BY PORT
COMMISSIONER MALCOLM. (0150-70)
Port Commissioner Dan Malcom gave a PowerPoint update presentation.

City Council discussion ensued.

12. CONSENT CALENDAR
Written Public Comment provided by: Sandra Brillhart for Item 12.f.

Motion by Councilmember Seabury
Seconded by Councilmember Fisher
Approved Consent Calendar Item Nos. 12.a through 12.f.

AYES (5): Councilmember Aguirre, Mayor Pro-Tem Leyba-Gonzalez, Councilmember McKay, Councilmember Seabury, and Councilmember Fisher
Motion Carried (5 to 0)

12.a APPROVAL OF CITY COUNCIL MEETING MINUTES.

Approved the Regular Meeting Minutes of May 17, 2023, and the Special Meeting Minutes of May 24, 2023 and May 31, 2023.

12.b RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM MAY 6, 2023, TO MAY 26, 2023. (0300-25)
City Council ratified and filed the Warrant Register Report.

12.c RECEIVE TREASURER’S REPORT FOR APRIL 2023. (0300-90) City Council received and filed the April 2023 Treasurer's Report.

12.d RESOLUTION NO. 2023-47 AUTHORIZING THE CITY MANAGER OR

DESIGNEE TO EXECUTE A TIDELANDS USE AND OCCUPANCY PERMIT (TOUP) WITH THE PORT OF SAN DIEGO FOR THE INSTALLATION AND MAINTENANCE OF FITNESS EQUIPMENT AT DUNES PARK. (0150-70 & 0920-10)
City Council approved Resolution No. 2023-47 authorizing the City Manager or designee to execute a Tidelands Use and Occupancy Permit between the City of

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Attachment 1
6 Imperial Beach and the Port of San Diego for the installation and maintenance of fitness equipment at Dunes Park.

12.e RESOLUTION NO. 2023-43 TO APPROVE THE EIGHTH AMENDMENT TO

THE AGREEMENT WITH MCDOUGAL, BOEHMER, FOLEY, LYON,
MITCHELL & ERICKSON. (0440-30)
City Council approved Resolution No. 2023-43.

12.f 2K COMMERCIAL PALM IB, LLC; TIME EXTENSION FOR CP-22-0008; DRC22-0022; SPR-22-0023; CUP-22-0007; & CLASS 32 CEQA EXEMPTION FOR MIXED-USE PROJECT (COMMERCIAL AND 14 RESIDENTIAL UNITS (2 AFFORDABLE)) AT 236-238 PALM AVENUE (APN 625-023-07-00). (0600-20) City Council adopted Resolution 2023-44, approving a six (6) month time extension for Regular Coastal Development Permit (CP-22-0008), Design Review Case (DRC-22-0022), Site Plan Review (SPR-22-0023), Conditional Use Permit (CUP-22-0007), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-Fill Development Projects) to demolish the existing structure and construct a new mixed-use development with approximately 2,212 square feet of commercial space and fourteen (14) residential units with an affordable housing component on a 9,139 square feet property located at 236-238 Palm Avenue (APN 625-023-07-00) in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone.

13. ORDINANCES/INTRODUCTION & FIRST READING

13.a INTRODUCTION OF ORDINANCE 2023-1228 AMENDING CHAPTER 1.12, CHAPTER 1.16, AND CHAPTER 1.22 OF THE IMPERIAL BEACH MUNICIPAL

CODE RELATED TO CODE ENFORCEMENT, ADMINISTRATIVE CITATIONS, AND NUISANCE ABATEMENT. (0470-95)
Assistant Director of the Community Development /Building Official Wagner gave a PowerPoint presentation.

Written Public Comments provided by: Sandra Brillhart.

City Council discussion ensued.

Assistant City Clerk Malone read the complete title for Ordinance 2023-1228.

Motion by Councilmember Seabury
Seconded by Councilmember McKay
The City Council introduced the Ordinance by title only, waiving further reading, and set this matter for the second reading and adoption on June 21, 2023.

AYES (5): Councilmember Aguirre, Mayor Pro-Tem Leyba-Gonzalez, Councilmember McKay, Councilmember Seabury, and Councilmember Fisher

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Attachment 1
7 Motion Carried (5 to 0)

14. PUBLIC HEARINGS

15. REPORTS

15.a CONSIDERATION OF RESOLUTION NO. 2023-48 APPROVING AN ANNUAL

PROCLAMATION IN THE MONTH OF JUNE IN RECOGNITION OF PRIDE MONTH AND THE LGBTQIA+ COMMUNITY. (0410-30)
Item 15.a was considered after Item 11.a by a vote from the City Council.

Chief Administrative Officer Cortez-Martinez gave the report.

Written Public Comments submitted by:

Win Heiskala, Sandra Brillhart, and Kim Frink.

Mayor Aguirre recessed the meeting at 7:25 p.m. and reconvened the meeting at 7:35 p.m.

Motion by Councilmember Aguirre
Seconded by Councilmember Fisher
To approve resolution number 2023-48 approving the execution of an annual proclamation at the first regular City Council meeting in the month of June by the City Council recognizing PRIDE month and the LGBTQIA+ community.

AYES (5): Councilmember Aguirre, Mayor Pro-Tem Leyba-Gonzalez, Councilmember McKay, Councilmember Seabury, and Councilmember Fisher Motion Carried (5 to 0)

15.b ADOPTION OF RESOLUTION NO. 2023-46 AUTHORIZING AN AGREEMENT

BETWEEN CITY OF CHULA VISTA AND THE CITY OF IMPERIAL BEACH

FOR THE PURPOSE OF PROVIDING ANIMAL CARE AND ANIMAL
CONTROL SERVICES. (0200-50)
Chief Administrative Officer Cortez-Martinez gave a PowerPoint presentation.

Written Public Comment provided by: Sandra Brillhart.

City Council discussion ensued.

Motion by Councilmember Seabury
Seconded by Councilmember Aguirre
To approve Resolution No. 2023-46 authorizing the City Manager or designee to execute an agreement between the City of Chula Vista and the City of Imperial

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Attachment 1
8 Beach for the purpose of providing animal care and animal control services in Imperial Beach.

AYES (5): Councilmember Aguirre, Mayor Pro-Tem Leyba-Gonzalez, Councilmember McKay, Councilmember Seabury, and Councilmember Fisher Motion Carried (5 to 0)

16. I.B. REDEVELOPMENT AGENCY SUCCESSOR AGENCY REPORTS
None.

17. ITEMS PULLED FROM THE CONSENT CALENDAR (IF ANY)
None.

18. CITY COUNCIL FUTURE AGENDA REQUESTS
Councilmember McKay requested to bring back Resolution 2022-37 for reconsideration and to include Marine Corp and Space Force flags as well as include the raising of the First Responders' flag, seconded by Councilmember Seabury.

19. ADJOURN REGULAR MEETING
Mayor Aguirre adjourned the Regular Meeting at 8:50 p.m.

Audrey Malone
Assistant City Clerk
Paloma Aguirre
Mayor

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P a g e | 1
June 21, 2023
ITEM TITLE: RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM MAY 27, 2023, TO JUNE 9, 2023. (0300-25)
ORIGINATING DEPARTMENT:

Finance
EXECUTIVE SUMMARY:

Staff is recommending that the City Council ratify the accompanying Warrant Register for the period from May 27, 2023, to June 9, 2023, in the amount of $1,843,739.97.

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 Warrant Register containing checks and electronic funds transfers for the period from May 27, 2023, to June 9, 2023 in the amount of $1,843,739.97 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
SD COUNTY SHERIFF CK101116 APR 2023 SHERIFF SERVICES 784,000.26 TRANE U.S. INC. CK101160 SENIOR CENTER - HVAC 122,503.27 CALPERS DFT0006734 MEDICAL INSURANCE 110,428.62

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P a g e | 2
The following registers are submitted for Council ratification:

Accounts Payable:

DATE CHECK NUMBER AMOUNT(S)
6/1/2023 CK101093-CK101126 969,578.39
6/8/2023 CK101127-CK101164 341,495.04
Sub-Total $ 1,311,073.43

DATE EFT/DRAFT NUMBER AMOUNT(S)
5/30/2023 DFT0006768 18.75
6/1/2023 DFT0006729; DFT0006732-34; DFT0006754-56 122,768.22 6/2/2023 DFT0006769 175.00
6/9/2023 1589-93; DFT0006726; DFT0006735-53;
DFT0006757-60; DFT0006762
178,124.08
Sub-Total $ 301,086.05
Total reflected in the attached Expense Approval Report: $ 1,612,159.48 Check Reversals/Voids:

DATE CHECK/EFT NUMBER AMOUNT(S)

N/A N/A N/A
Sub-Total ($ 0.00)
Payroll Checks/Direct Deposits:

DATE CHECK/EFT NUMBER AMOUNT(S)
6/9/2023 CK48928-31; EFT0000146-47 231,580.49
Sub-Total $ 231,580.49
TOTAL: $ 1,843,739.97
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 05.27.2023-06.09.2023

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6/12/2023 1:00:12 PM Page 1 of 9
Expense Approval Report
Imperial Beach, CA By (None)
Payment Dates 5/27/2023 - 6/9/2023
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 06/09/2023 1589 FORESTERS INVESTOR SERVICE…FORESTERS 529 PLAN PPE 06/… PPE 06-01-2023 101-0000-209.0122 50.00 06/09/2023 1590 I B FIREFIGHTERS ASSOCIATION IBFA DUES ACH PPE 06/01/23 PPE 06-01-2023 101-0000-209.0108 440.00 06/09/2023 1591 ICMA RETIREMENT TRUST 457 ICMA % PPE 06/01/23 PPE 06-01-23 101-0000-209.0110 4,632.78 06/09/2023 1591 ICMA RETIREMENT TRUST 457 ICMA CITY-PAID PPE 06/01/23 PPE 06-01-23 (2) 101-0000-209.0110 1,410.78 06/09/2023 1591 ICMA RETIREMENT TRUST 457 ICMA FIXED PPE 06/01/23 PPE 06-01-23 (3) 101-0000-209.0110 10,786.85 06/09/2023 1592 SEIU LOCAL 221 SEIU DUES ACH PPE 06/01/23 PPE 06-01-2023 101-0000-209.0108 843.55 06/09/2023 1592 SEIU LOCAL 221 SEIU COPE ACH PPE 06/01/23 PPE 06-01-23 COPE 101-0000-209.0108 10.00 06/09/2023 1593 US BANK PARS ACH PPE 06/01/23 PPE 06-01-2023 101-0000-209.0120 2,004.18 06/01/2023 101093 ALEXANDRA UZARRAGA GONZ…PHOTO SRVCS - COUNCIL ME… 4 101-1110-412.2903 720.00 06/01/2023 101094 ALL SOURCE COATINGS, INC. OFFICE RENOVATIONS (F23101…13986 504-1924-519.2006 230242 57,274.00 06/01/2023 101095 AMEC FOSTER WHEELER ENVI… APR 2023 TJ RIVER WMA WQIP…S64113390 101-0000-221.0110 230212 10,619.70 06/01/2023 101095 AMEC FOSTER WHEELER ENVI… APR 2023 TJ RIVER WMA WQIP…S64113390 101-5050-540.2006 230212 1,687.29 06/01/2023 101095 AMEC FOSTER WHEELER ENVI… APR 2023 SD BAY WMA WQIP …S64113391 101-0000-221.0110 230108 6,695.52 06/01/2023 101095 AMEC FOSTER WHEELER ENVI… APR 2023 SD BAY WMA WQIP …S64113391 101-5050-540.2006 230108 118.56 06/01/2023 101096 ARCE CUSTOM CABINETS, INC. CUSTOME STORAGE CABINETS …1762 214-5000-532.2006 230239 10,940.00 06/01/2023 101097 ASUME ADMINISTRATOR ORDER D AL2004-1730 CASE 0… 05.25.2023 101-0000-209.0107 64.80 06/01/2023 101098 AT&T 93910339544/15/23-5/14/23 … 19959892 503-1923-419.2704 44.98 06/01/2023 101098 AT&T 9391033960 4/15/23-5/14/23 …19959895 503-1923-419.2704 256.34 06/01/2023 101098 AT&T 9391033952 4/15/23-5/14/23 …19959896 503-1923-419.2704 26.72 06/01/2023 101098 AT&T 9391033958 4/15/23-5/14/23 …19959900 503-1923-419.2704 28.30 06/01/2023 101098 AT&T 9391053500 4/15/23-5/14/23 …19960090 503-1923-419.2704 1.65 06/01/2023 101098 AT&T 9391053672 4/15/23-5/14/23 …19960102 503-1923-419.2704 36.17 06/01/2023 101098 AT&T 9391033944 4/20/23-5/19/23 …19975752 503-1923-419.2704 34.08 06/01/2023 101099 COX COMMUNICATIONS 05/22/23-06/21/23 495 10TH … 05-23-2023 4601 503-1923-419.2104 241.45 06/01/2023 101100 DANIEL HOLIAN REIMBURSE INSTRUCTOR MET…05-25-2023 101-1130-412.2901 213.00 06/01/2023 101101 FLYERS ENERGY LLC 05/11/23 - 1050 GAS, 258 DSL 23-823247 501-1921-419.2815 5,563.10 06/01/2023 101101 FLYERS ENERGY LLC 05/18/23 - 1000 GAS, 189 DSL 23-831241 501-1921-419.2815 5,164.57 06/01/2023 101101 FLYERS ENERGY LLC 05/25/23 - 950 GAS, 72 DSL 23-833727 501-1921-419.2815 4,575.69 06/01/2023 101102 GRAINGER HOSE REELS - TRUCK 625 9705902790 501-1921-419.2816 979.12 06/01/2023 101102 GRAINGER WATER FILTERS GASKETS (6) 9705919430 501-1921-419.2816 19.44 06/01/2023 101102 GRAINGER BACK UP MONITOR - TRUCK 6… 9707804713 501-1921-419.2816 249.30 06/01/2023 101102 GRAINGER BRUSH, SWITCH, LED LIGHTS - …9711829276 501-1921-419.2816 359.39 06/01/2023 101103 HECTOR MARTINEZ REIMBURSE TRAINING MEAL … 05-18-2023 601-5060-436.3002 95.85 06/01/2023 101104 INTERNAL REVENUE SERVICE 2023 Q2 (APR-JUN) PCORI FEES 2023 CTYIMPBEAG5 101-1210-413.2102 35.57 06/01/2023 101105 KANE, BALLMER & BERKMAN APR 2023 LEGAL SRVCS - R131… 27936 303-1250-413.2001 180.00 06/01/2023 101105 KANE, BALLMER & BERKMAN APR 2023 LEGAL SRVCS - SP14… 27950 216-1240-413.2006 605.00 06/01/2023 101105 KANE, BALLMER & BERKMAN APR 2023 LEGAL SRVCS - SP13… 27951 303-1250-413.2001 192.50 06/01/2023 101106 KIMLEY-HORN AND ASSOCIAT… APR 2023 VET PARK/SENIOR C… 24725098 214-5000-532.2006 230203 2,649.66 ATTACHMENT 1

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Expense Approval Report Payment Dates: 5/27/2023 - 6/9/2023 6/12/2023 1:00:12 PM Page 2 of 9
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 06/01/2023 101106 KIMLEY-HORN AND ASSOCIAT… APR 2023 GRANT WRITING SR… 24725100 101-1110-412.2006 8,198.84 06/01/2023 101107 LEAGUE OF CALIF CITIES 101-1010-411.2812 230296 900.00 06/01/2023 101107 LEAGUE OF CALIF CITIES 101-1920-419.2812 230295 11,332.00 06/01/2023 101108 LILY FLYTE 1,210.71
2023 MEMBERSHIP/MTNGS - … 1701
2023 MEMBERSHIP DUES - CIT…643356
TYLER CONFERENCE HOTEL & … 05-30-2023 101-1210-413.2804 06/01/2023 101109 MARTIN MARIETTA MATERIAL… 3.35 TONS ASPHALT - 278 DAI… 38610943 101-5010-431.3002 230021 299.55 06/01/2023 101110 NADIA I MORENO 101-6020-452.2804 39.35 06/01/2023 101110 NADIA I MORENO 46.60
INTERVIEW PANEL REFRESH … 71099896
INTERVIEW PANEL REFRESH … 729696 503-1923-419.2804
06/01/2023 101111 ODP BUSINESS SOLUTIONS, LL… STICKY NOTE, PRE-INK, SORTER…314558829001 101-1210-413.3001 60.10 06/01/2023 101112 O'REILLY AUTO PARTS #3980 BATTERY - SWER GENERATOR 3980-478259 501-1921-419.2816 146.20 06/01/2023 101112 O'REILLY AUTO PARTS #3980 BATTERIES (2) - TRUCK 108 3980-479571 501-1921-419.2816 364.25 06/01/2023 101112 O'REILLY AUTO PARTS #3980 PAINT & CLEANER - TRUCK 625 3980-480347 501-1921-419.2816 349.42 06/01/2023 101112 O'REILLY AUTO PARTS #3980 SHOCK ABSORBER (2) - TRUCK …3980-480362 501-1921-419.2816 148.03 06/01/2023 101112 O'REILLY AUTO PARTS #3980 ANTIFREEZE (8) - TRUCK E-239 3980-480898 501-1921-419.2816 156.51 06/01/2023 101112 O'REILLY AUTO PARTS #3980 FILTERS - TRUCK 630, BRAKE C… 3980-482301 501-1921-419.2816 95.80 06/01/2023 101112 O'REILLY AUTO PARTS #3980 WIRE BRUSH, WHEEL PAINT - … 3980-482496 501-1921-419.2816 40.74 06/01/2023 101112 O'REILLY AUTO PARTS #3980 THRT SENSOR, 02 SENSORS - T… 3980-482500 501-1921-419.2816 119.76 06/01/2023 101112 O'REILLY AUTO PARTS #3980 THRT SENSOR - TRUCK 630 (EX…3980-482737 501-1921-419.2816 -1.82 06/01/2023 101113 PITNEY BOWES INC(INVOICE P… RED INK CARTRIDGE, E-Z SEAL … 1023014930 101-1920-419.3001 175.99 06/01/2023 101114 PITNEY BOWES(PURCHASE P… POSTAGE METER REFILL & TR… 05-07-2023 101-1920-419.2809 2,519.99 06/01/2023 101115 RICHLAND RESEARCH CORPOR…DEGREASER - PUMP STATION … 263077 601-5060-436.3002 388.69 06/01/2023 101116 SAN DIEGO COUNTY SHERIFF APR 2023 SHERIFF SERVICES (… 04-01-2023 101-0000-338.6003 -579.81 06/01/2023 101116 SAN DIEGO COUNTY SHERIFF APR 2023 SHERIFF SERVICES (… 04-01-2023 101-3010-421.2006 1,416.70 06/01/2023 101116 SAN DIEGO COUNTY SHERIFF APR 2023 SHERIFF SERVICES 04-01-2023 101-3010-421.2006 765,293.72 06/01/2023 101116 SAN DIEGO COUNTY SHERIFF APR 2023 SHERIFF SERVICES (S…04-01-2023 212-3036-421.2006 17,869.65 06/01/2023 101117 SAN DIEGO ELEVATOR AND LIF…MAR 2023 ELEVATOR SRVC - S… 2200 101-1910-419.2006 230234 150.00 06/01/2023 101118 SAN DIEGO FRICTION PRODUC…SILICONE HEATER HOSE (50) - … 01P15960 501-1921-419.2816 258.60 06/01/2023 101118 SAN DIEGO FRICTION PRODUC…SILICONE HOSE MIX - TRUCK E… 06P60261 501-1921-419.2816 545.28 06/01/2023 101119 SIGNAL HILL AUTO ENTERPRIS… CAN LINER (10CS), TOILET TISS… 040378 101-6040-454.3002 230249 946.04 06/01/2023 101120 SO CAL INDUSTRIES WC RENTAL (2), WATER STATI… 630125 101-1110-412.2808 516.56 06/01/2023 101121 STATE CONTROLLER FY2022 - FTB OFFSETS FTB-00005833 101-1210-413.2027 154.80 06/01/2023 101122 STC TRAFFIC, INC. APR 2023 - PW TE SRVCS (22-0…6063-B 101-0000-221.0102 220.00 06/01/2023 101123 TRUE NORTH COMPLIANCE SE… MAR 2023 - INSPECTION SRVCS 23-03-028-02 101-3040-424.2006 2,427.50 06/01/2023 101123 TRUE NORTH COMPLIANCE SE… APR 2023 - PLAN REVIEW SRV… 23-04-028 101-3040-424.2016 4,154.58 06/01/2023 101123 TRUE NORTH COMPLIANCE SE… APR 2023 INSPECTION SRVCS 23-04-028-02 101-3040-424.2006 1,453.75 06/01/2023 101124 U.S. BANK CORPORATE PAYM… APR-MAY P-CARD CHARGES 05222023 101-1210-413.2102 37,257.42 06/01/2023 101125 VERIZON WIRELESS 04/20/23-05/19/23 SIM CARDS…9935309157 101-3020-422.2705 111.14 06/01/2023 101126 WEST COAST ARBORISTS ARBORIST SRVCS - RISK ASSES… 199239 101-6020-452.2104 230270 1,120.00 06/08/2023 101127 ADVANCED IMAGING SOLUTI… 03/20/23-04/19/23 - COPIER L…33924648 101-1920-419.2017 2,758.59 06/08/2023 101127 ADVANCED IMAGING SOLUTI… 04/20/23-05/19/23 COPIER U… 34129247 101-1920-419.2017 806.45 06/08/2023 101127 ADVANCED IMAGING SOLUTI… 04/20/23-05/19/23 COPIER LE… 34129247 101-1920-419.2017 3,064.12 06/08/2023 101128 ANDREW MORRISON NEW SUSPENDED CEILING SYS …446 401-5020-532.2006 230269 35,187.00 06/08/2023 101129 AZTEC LANDSCAPING INC MAY 2023 - SR75 MEDIAN/PA… L2950 101-5010-431.2104 230143 8,119.24 06/08/2023 101129 AZTEC LANDSCAPING INC MAY 2023 STORM DRAIN MAI… L2951 601-5060-436.2801 230067 2,860.80 06/08/2023 101130 BRIOTIX HEALTH, LP ERGONOMIC EVAL - J SANTOS SI-29418 502-1922-419.2904 250.00

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Expense Approval Report Payment Dates: 5/27/2023 - 6/9/2023 6/12/2023 1:00:12 PM Page 3 of 9
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 06/08/2023 101130 BRIOTIX HEALTH, LP ERGONOMIC EVAL - M OPENS… SI-29419 502-1922-419.2904 304.00 06/08/2023 101131 BRIZO, INC RELOCATE/REPLACE MONITOR…23-0434 101-3030-423.2006 893.58 06/08/2023 101131 BRIZO, INC STAGE/REPLACE NON-WORKI… 23-0444 101-3030-423.2006 1,832.14 06/08/2023 101132 CHULA VISTA ALARM, INC JUN 2023 PW - 495 10TH ST 67964 101-1910-419.2023 230045 55.00 06/08/2023 101132 CHULA VISTA ALARM, INC JUN 2023 EOC - 825 IB BLVD 67999 101-1910-419.2023 230045 49.95 06/08/2023 101132 CHULA VISTA ALARM, INC JUN 2023 PW REAR BLDGS - 4… 68012 101-1910-419.2023 230045 55.00 06/08/2023 101132 CHULA VISTA ALARM, INC JUN 2023 REC CTR - 425 IB BL… 68027 101-1910-419.2023 230045 39.95 06/08/2023 101132 CHULA VISTA ALARM, INC JUN 2023 REC CTR PARK REST. …68028 101-1910-419.2023 230045 45.00 06/08/2023 101132 CHULA VISTA ALARM, INC JUN 2023 CITY HALL - 825 IB B… 68032 101-1910-419.2023 230045 49.95 06/08/2023 101132 CHULA VISTA ALARM, INC JUN 2023 COMM CTR - 1075 8… 68038 101-1910-419.2023 230045 30.00 06/08/2023 101132 CHULA VISTA ALARM, INC JUN 2023 VETERAS PARK REST.…68039 101-1910-419.2023 230045 45.00 06/08/2023 101132 CHULA VISTA ALARM, INC JUN 2023 B&G CLUB - 425 IB B…68179 101-1910-419.2023 230045 59.95 06/08/2023 101133 CINTAS CORPORATION 05/23/23 FACILITIES MATS 4156372386 101-1910-419.2006 230042 32.94 06/08/2023 101133 CINTAS CORPORATION 05/23/23 PW UNIFORMS 4156372616 101-5020-432.2503 230040 279.11 06/08/2023 101133 CINTAS CORPORATION 05/31/23 FACILITIES MATS 4157138290 101-1910-419.2006 230042 32.94 06/08/2023 101133 CINTAS CORPORATION 05/31/23 PW UNIFORMS 4157138606 101-5020-432.2503 230040 714.15 06/08/2023 101134 COAR DESIGN GROUP MAY 2023 - DESIGN DEVELOP -…21738 214-5000-532.2006 230243 19,250.00 06/08/2023 101135 COUNTY OF SAN DIEGO EXEMPT FEE USE-23-0003 - 12… 06012023 USE-23-0003 101-0000-221.0102 50.00 06/08/2023 101136 COUNTY OF SAN DIEGO EXEMPT FEE USE-22-0124 - 63… 06022023 USE-22-0124 101-0000-221.0102 50.00 06/08/2023 101137 COUNTY OF SAN DIEGO EXEMPT FEE USE-21-0047 - 64… 05312023 USE-21-0047 101-0000-221.0102 50.00 06/08/2023 101138 COUNTY OF SAN DIEGO EXEMPT FEE USE--0123 - 1441 …06012023 USE-22-0123 101-0000-221.0102 50.00 06/08/2023 101139 COUNTY OF SAN DIEGO RCS SH MONTHLY FEE - REGIONAL …23CTOFIBN11 101-3010-421.2125 230262 1,254.00 06/08/2023 101139 COUNTY OF SAN DIEGO RCS FD MONTHLY FEE - REGIONAL …23CTOFIBN11 101-3020-422.2125 230262 598.50 06/08/2023 101139 COUNTY OF SAN DIEGO RCS LG MONTHLY FEE - REGIONAL … 23CTOFIBN11 101-3030-423.2125 230262 1,225.50 06/08/2023 101140 CRISTIAN FIGUEROA REIMBURSE UNIFORM - NEW … 06-05-2023 101-3020-422.3002 601.08 06/08/2023 101140 CRISTIAN FIGUEROA REIMBURSE SWC FF TRAINING,…06-07-2023 101-3020-422.2804 1,821.13 06/08/2023 101141 ECKENROTH PUBLICATIONS 03/02/23 AD - CIRCULATION E… 140086 101-1020-411.2807 12.85 06/08/2023 101141 ECKENROTH PUBLICATIONS 03/02/23 AD - CIRCULATION E… 140086 101-1020-411.2807 230080 217.15 06/08/2023 101141 ECKENROTH PUBLICATIONS 03/02/23 AD - TRANSBOUNDA…140086 101-1020-411.2807 224.00 06/08/2023 101141 ECKENROTH PUBLICATIONS 03/02/23 AD - BID-VETS PARK … 140086 420-5000-532.2006 105.00 06/08/2023 101141 ECKENROTH PUBLICATIONS 03/09/23 NOTICE - VETERANS …140170 420-5000-532.2006 105.00 06/08/2023 101141 ECKENROTH PUBLICATIONS 03/16/23 NOTICE - VETERANS …140299 420-5000-532.2006 105.00 06/08/2023 101141 ECKENROTH PUBLICATIONS 05/04/23 NOTICE - BUDGET 141052 101-1020-411.2807 75.00 06/08/2023 101142 ERIC WILSON DEPOSIT REFUND - TEP-23-08… REC-004107-2021 101-0000-221.0105 18,172.56 06/08/2023 101143 ESCRIBE SOFTWARE, LTD. 07/01/23-06/30/23 eSCRIBE T… US-1291 503-0000-142.0000 16,284.82 06/08/2023 101144 FLYERS ENERGY LLC 06/01/23 - 900 GAS, 97 DSL 23-839140 501-1921-419.2815 4,346.50 06/08/2023 101145 JOANN GITMED DH HEALTH REIMBURSEMENT 05-25-2023 101-1210-413.1108 420.00 06/08/2023 101146 JULIA SPEER LG VEHICLE OPERATIONS COU… 05-09-2023 101-3030-423.2804 23.00 06/08/2023 101147 LLOYD PEST CONTROL 03/27/2023 - 495 10TH ST #11…8045599 101-1910-419.2022 230046 53.00 06/08/2023 101147 LLOYD PEST CONTROL 04/03/2023 - 425 IB BLVD #16… 8051459 101-1910-419.2022 230046 55.00 06/08/2023 101147 LLOYD PEST CONTROL 05/11/2023 - 825 IB BLVD #11… 8090617 101-1910-419.2022 230046 36.00 06/08/2023 101147 LLOYD PEST CONTROL 05/11/2023 - 845 IB BLVD #11… 8090618 101-1910-419.2022 230046 36.00 06/08/2023 101147 LLOYD PEST CONTROL 05/11/2023 - 865 IB BLVD #11… 8090619 101-1910-419.2022 230046 40.00 06/08/2023 101147 LLOYD PEST CONTROL 05/11/2023 - 1075 8TH ST #11…8090700 101-1910-419.2022 230046 53.00

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Expense Approval Report Payment Dates: 5/27/2023 - 6/9/2023 6/12/2023 1:00:12 PM Page 4 of 9
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 06/08/2023 101147 LLOYD PEST CONTROL 05/12/2023 - 495 10TH ST #11…8091826 101-1910-419.2022 230046 53.00 06/08/2023 101147 LLOYD PEST CONTROL 05/26/2023 - 950 OCEAN LN #… 8106007 101-1910-419.2022 230046 60.00 06/08/2023 101147 LLOYD PEST CONTROL 06/03/2023 - 425 IB BLVD #16… 8111449 101-1910-419.2022 230046 55.00 06/08/2023 101148 MICHAEL BAKER INTERNATIO… MAR 2023 9TH ST IMPROVEM… 1176109 202-5016-531.2006 220259-R1 839.00 06/08/2023 101148 MICHAEL BAKER INTERNATIO… MAR 2023 9TH ST IMPROVEM… 1176109 214-5000-532.2006 220259-R1 16,750.18 06/08/2023 101148 MICHAEL BAKER INTERNATIO… MAR 2023 PS5/PS7 UPGRADES…1176472 601-5060-536.2006 230056 1,113.00 06/08/2023 101148 MICHAEL BAKER INTERNATIO… 4/14/23 PS8 EMERGENCY REP… 1177232 601-5060-536.2006 230144 16,298.20 06/08/2023 101148 MICHAEL BAKER INTERNATIO… APR 2023 9TH ST IMPROVEM… 1178768 202-5016-531.2006 220259-R1 397.34 06/08/2023 101148 MICHAEL BAKER INTERNATIO… APR 2023 9TH ST IMPROVEM… 1178768 214-5000-532.2006 220259-R1 7,932.59 06/08/2023 101148 MICHAEL BAKER INTERNATIO… APR 2023 PS5/PS7 UPGRADES …1179541 601-5060-536.2006 230056 1,200.00 06/08/2023 101149 MIDAMERICA ADMINISTRATIV…CY23 Q1 HRA ADMIN/PLATFO… 0209330 101-1210-413.2904 135.00 06/08/2023 101150 NANCY K BOHL, INC APR 2023 EMPLOYEE SUPPORT…86493 101-3020-422.2006 230123 330.00 06/08/2023 101151 OCCUPATIONAL HEALTH CENT… 05/02/23 LG ANNUAL PHYSICA…79112218 101-1130-412.2104 1,469.00 06/08/2023 101151 OCCUPATIONAL HEALTH CENT… 05/12/23 LG ANNUAL PHYSICA…79249332 101-1130-412.2104 1,469.00 06/08/2023 101152 ODP BUSINESS SOLUTIONS, LL… BINDERS, PAPER, PENS - PW 295368410001 101-5020-432.3001 155.75 06/08/2023 101152 ODP BUSINESS SOLUTIONS, LL… ENVELOPES - PW 295406708001 101-5020-432.3001 97.11 06/08/2023 101152 ODP BUSINESS SOLUTIONS, LL… BUS CARDS - G SASSO 306583164001 101-3040-424.2811 55.79 06/08/2023 101152 ODP BUSINESS SOLUTIONS, LL… DESK SUPPLIES - PW 314456753001 101-5020-432.3001 61.11 06/08/2023 101153 SAN DIEGO ELEVATOR AND LIF…FEB 2023 ELEVATOR SRVC - SA… 2110 101-1910-419.2006 230234 150.00 06/08/2023 101153 SAN DIEGO ELEVATOR AND LIF…MAY 2023 ELEVATOR SRVC - S… 58 101-1910-419.2006 230234 150.00 06/08/2023 101154 SAN DIEGO HUMANE SOCIETY… JUN 2023 - ANIMAL CONTROL …JUN-23 101-3050-425.2006 230051 29,257.00 06/08/2023 101155 SANDRA S. RAMEY MAY 2023 - DEAD ANIMAL RE… 0601231229 101-3050-425.2006 230052 347.00 06/08/2023 101156 SHARP REES-STEALY MEDICAL … MAY 2023 PRE-EMPLOYMENT …380220147 101-1130-412.2104 1,117.00 06/08/2023 101157 SOUTHWEST BOULDER & STO… SHREDDED REDWOOD, SUPER …541725 101-6020-452.3002 230141 84.26 06/08/2023 101157 SOUTHWEST BOULDER & STO… SHREDDED REDWOOD (2), SU… 542085 101-6020-452.3002 230141 168.53 06/08/2023 101158 SOUTHWEST SIGNAL MAY 2023 SIGNAL MAINT 82560 101-5010-431.2104 230016 720.00 06/08/2023 101158 SOUTHWEST SIGNAL MAY 2023 SRVC TECHNICIAN &…82561 101-5010-431.2123 230272 199.84 06/08/2023 101159 SPARKLETTS 05/09/23, 05/22/23 WATER D… 12529930 052623 101-3020-422.3002 325.74 06/08/2023 101160 TRANE U.S. INC. SENIOR CTR HVAC - OMNIA PR…313622041 101-0000-202.0000 -2,177.84 06/08/2023 101160 TRANE U.S. INC. SENIOR CTR HVAC - OMNIA PR…313622041 103-6030-453.5003 230184 21,778.36 06/08/2023 101160 TRANE U.S. INC. SR CENTER HVAC - OMNIA PRI… 313622041 214-5000-532.2006 230184 114,336.39 06/08/2023 101160 TRANE U.S. INC. SR CENTER HVAC - OMNIA PRI… 313622041 214-5000-532.2006 -11,433.64 06/08/2023 101161 US MOBILE WIRELESS COMM… RADIO INSTALLATION ON FIRE… INV777389 101-3020-422.2104 993.50 06/08/2023 101162 VECTOR RESOURCES, INC. HR OFFICE VOICE AND DATA C… 96893 503-1923-419.2006 230228 4,940.56 06/08/2023 101163 WAXIE SANITARY SUPPLY WAXIE 764 LEMON QUAT (9CS) 81733534 101-6040-454.3002 788.32 06/08/2023 101164 GRAPHIC SOLUTIONS, LTD FEB 2023 - IB ENTRY MONUM… 25055 101-5010-431.5003 8,400.00 06/09/2023 DFT0006726 CALIFORNIA STATE DISBURSE… SDU CHILD SUPPORT PPE 06/… 44305597 101-0000-209.0107 422.75 06/01/2023 DFT0006729 PRINCIPAL FINANCIAL GROUP PRINCIPAL DENTAL PPO JUNE … 06/01/2023-06/30/2023 101-0000-209.0112 4,363.86 06/01/2023 DFT0006732 LINCOLN FINANCIAL GROUP LINCOLN LIFE & AD&D JUNE 2… 4557545344 LADD 101-0000-209.0116 10.15 06/01/2023 DFT0006732 LINCOLN FINANCIAL GROUP LINCOLN LIFE & AD&D JUNE 2… 4557545344 LADD 101-0000-209.0116 2,096.07 06/01/2023 DFT0006733 LINCOLN FINANCIAL GROUP LINCOLN LTD JUNE 2023 EFT 4557545344 LTD 101-0000-209.0114 1,956.19 06/01/2023 DFT0006733 LINCOLN FINANCIAL GROUP LINCOLN LTD JUNE 2023 KEM… 4557545344 LTD 101-6040-454.1004 -17.92 06/01/2023 DFT0006734 CALPERS CALPERS MEDICAL JUNE 2023 … 100000017174446 101-0000-209.0111 -765.37 06/01/2023 DFT0006734 CALPERS CALPERS MEDICAL JUNE 2023 … 100000017174446 101-0000-209.0111 110,528.38

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Expense Approval Report Payment Dates: 5/27/2023 - 6/9/2023 6/12/2023 1:00:12 PM Page 5 of 9
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 06/01/2023 DFT0006734 CALPERS CALPERS MEDICAL JUNE 2023 … 100000017174446 101-1210-413.1103 389.51 06/01/2023 DFT0006734 CALPERS CALPERS MEDICAL JUNE 2023 … 100000017174446 101-1920-419.1103 2,265.00 06/01/2023 DFT0006734 CALPERS CALPERS MEDICAL JUNE 2023 … 100000017174446 101-6040-454.1103 -1,988.90 06/09/2023 DFT0006735 CALPERS LG L2 23011 EE PPE 06/01/23 1000000164065 EE 101-0000-209.0106 450.00 06/09/2023 DFT0006736 CALPERS LG L2 23011 ER PPE 06/01/23 100000017164065 ER 101-0000-209.0106 497.80 06/09/2023 DFT0006737 CALPERS MISC L2 23012 EE PPE 06/01/… 100000017164129 EE 101-0000-209.0106 1,681.42 06/09/2023 DFT0006738 CALPERS MISC L2 23012 ER PPE 06/01/… 100000017164129 ER 101-0000-209.0106 1,776.54 06/09/2023 DFT0006739 CALPERS FIRE PEPRA 25375 EE PPE 06/… 100000017164184 EE 101-0000-209.0106 3,583.56 06/09/2023 DFT0006740 CALPERS FIRE PEPRA 25375 ER PPE 06/… 100000017164184 ER 101-0000-209.0106 3,522.90 06/09/2023 DFT0006741 CALPERS LG PEPRA 25376 EE PPE 06/0… 100000017164232 EE 101-0000-209.0106 2,114.61 06/09/2023 DFT0006742 CALPERS LG PEPRA 25376 ER PPE 06/01…100000017164232 ER 101-0000-209.0106 2,078.84 06/09/2023 DFT0006743 CALPERS MISC PEPRA 26352 EE PPE 06… 100000017164282 EE 101-0000-209.0106 8,397.60 06/09/2023 DFT0006744 CALPERS MISC PEPRA 26352 ER PPE 06… 100000017164282 ER 101-0000-209.0106 9,293.39 06/09/2023 DFT0006745 CALPERS FIRE L1 4625 EE PPE 06/01/23 100000017163947 EE 101-0000-209.0106 3,691.07 06/09/2023 DFT0006746 CALPERS FIRE L1 4625 ER PPE 06/01/23 100000017163947 ER 101-0000-209.0106 3,969.42 06/09/2023 DFT0006747 CALPERS LG L1 4626 EE PPE 06/01/23 100000017164010 EE 101-0000-209.0106 1,161.99 06/09/2023 DFT0006748 CALPERS LG L1 4626 ER PPE 06/01/23 100000017164010 ER 101-0000-209.0106 1,289.47 06/09/2023 DFT0006749 CALPERS MISC L1 470 EE PPE 06/01/23 100000017163869 EE 101-0000-209.0106 7,674.56 06/09/2023 DFT0006750 CALPERS MISC L1 470 ER PPE 06/01/23 100000017163869 ER 101-0000-209.0106 7,980.14 06/09/2023 DFT0006751 CALPERS SCP ARSC POST-TAX PPE 06/0… PPE 06-01-23 ARSCT 101-0000-209.0106 180.63 06/09/2023 DFT0006752 CALPERS SCP SPM PRE-TAX PPE 06/01/… PPE 06-01-23 SPMTD 101-0000-209.0106 186.63 06/09/2023 DFT0006753 CALPERS PERS SCP SPM TAXED 06/01/… PPE 06-01-23 SPMT 101-0000-209.0106 395.31 06/01/2023 DFT0006754 LINCOLN FINANCIAL GROUP LINCOLN STD JUNE 2023 EFT 4557545344 STD 101-0000-209.0121 1,549.08 06/01/2023 DFT0006754 LINCOLN FINANCIAL GROUP LINCOLN STD JUNE 2023 KEM… 4557545344 STD 101-6040-454.1104 16.74 06/01/2023 DFT0006755 FIDELITY SECURITY LIFE INSUR… EYEMED VISION JUNE 2023 EFT 165800854 101-0000-209.0118 779.45 06/01/2023 DFT0006755 FIDELITY SECURITY LIFE INSUR… EYEMED VISION JUNE 2023 HE…165800854 101-0000-209.0118 -7.57 06/01/2023 DFT0006755 FIDELITY SECURITY LIFE INSUR… EYEMED VISION JUNE 2023 C… 165800854 101-0000-209.0118 -47.94 06/01/2023 DFT0006756 LINCOLN FINANCIAL GROUP LINCOLN VOL LIFE JUNE 2023 … 4557545344 VL 101-0000-209.0113 1,641.49 06/09/2023 DFT0006757 STATE OF CALIFORNIA STATE TAX W/H PPE 06/01/23…7171048 101-0000-209.0105 314.33 06/09/2023 DFT0006757 STATE OF CALIFORNIA STATE TAX W/H PPE 06/01/23 7171048 101-0000-209.0105 12,171.92 06/09/2023 DFT0006758 STATE OF CALIFORNIA SDI W/H PPE 06/01/23 7171054 101-0000-209.0115 282.00 06/09/2023 DFT0006759 INTERNAL REVENUE SERVICE FED TAX W/H PPE 06/01/23 63480286 FED 101-0000-209.0102 32,754.20 06/09/2023 DFT0006759 INTERNAL REVENUE SERVICE FED TAX W/H PPE 06/01/23 S… 63480286 FED 101-0000-209.0102 1,047.76 06/09/2023 DFT0006760 INTERNAL REVENUE SERVICE MEDICARE W/H PPE 06/01/23…63480286 MED 101-0000-209.0104 138.12 06/09/2023 DFT0006760 INTERNAL REVENUE SERVICE MEDICARE W/H PPE 06/01/23 63480286 MED 101-0000-209.0104 10,181.60 06/09/2023 DFT0006762 INTERNAL REVENUE SERVICE SOCIAL SECURITY PPE 06/01/… 63480286 SS 101-0000-209.0104 40,116.82 06/09/2023 DFT0006762 INTERNAL REVENUE SERVICE SOCIAL SECURITY PPE 06/01/… 63480286 SS 101-0000-209.0104 590.56 05/30/2023 DFT0006768 MIDAMERICA ADMINISTRATIV…CY2023 Q1 FSA JOURNEY ONLY…0209668 101-1210-413.2904 18.75 06/02/2023 DFT0006769 MIDAMERICA ADMINISTRATIV…2023 PLAN FSA CLAIMS - JUNE… 06-02-2023 101-0000-209.0125 175.00 Grand Total: 1,612,159.48

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Expense Approval Report Payment Dates: 5/27/2023 - 6/9/2023 6/12/2023 1:00:12 PM Page 6 of 9
Report Summary
Fund Summary
Fund Payment Amount
101 - GENERAL FUND 1,249,164.36
103 - M&A DA FUND 21,778.36
202 - PROP "A" (TRANSNET) FUND 1,236.34
212 - SLESF (COPS) FUND 17,869.65
214 - MISCELLANEOUS GRANTS 160,425.18
216 - HOUSING AUTHORITY 605.00
303 - REDEV OBLIG RETIRE FUND 372.50
401 - CAPITAL IMPROVEMENT FUND 35,187.00
420 - PARKS MAJOR MAINTENAN CIP 315.00
501 - VEHICLE REPLACEMENT/MAINT 23,479.88
502 - RISK MANAGEMENT FUND 554.00
503 - TECHNOLOGY/COMMUNICATIONS 21,941.67
504 - FACILITY MAINT/REPLACEMNT 57,274.00
601 - SEWER ENTERPRISE FUND 21,956.54
Grand Total: 1,612,159.48
Account Summary
Account Number Account Name Payment Amount
101-0000-202.0000 CONTRACT RETENTION A… -2,177.84
101-0000-209.0102 P/R FIT PAYABLE 33,801.96
101-0000-209.0104 P/R FICA PAYABLE 51,027.10
101-0000-209.0105 P/R STATE TAX LIABILITIES 12,486.25
101-0000-209.0106 P/R PERS RETIREMENT PA… 59,925.88
101-0000-209.0107 P/R GARNISHMENT PAYA… 487.55
101-0000-209.0108 P/R EMPLOYEE ASSOC DU… 1,293.55
101-0000-209.0110 P/R DEFERRED COMP 16,830.41
101-0000-209.0111 P/R HEALTH INSURANCE 109,763.01
101-0000-209.0112 P/R DENTAL INSURANCE 4,363.86
101-0000-209.0113 P/R VOLUNTARY LIFE INS… 1,641.49
101-0000-209.0114 P/R LONG-TERM DISABILI… 1,956.19
101-0000-209.0115 P/R STD-PART-TIME 282.00
101-0000-209.0116 P/R LIFE INSURANCE 2,106.22
101-0000-209.0118 P/R VISION INSURANCE 723.94
101-0000-209.0120 PARS EMPLOYEE CONTRI… 2,004.18
101-0000-209.0121 P/R-STD-FULL TIME 1,549.08
101-0000-209.0122 EDUCATIONAL SAVINGS P… 50.00
101-0000-209.0125 P/R FSA 175.00
101-0000-221.0102 DEVELOPER DEPOSITS 420.00
101-0000-221.0105 BUILDING DEPOSITS/BON… 18,172.56
101-0000-221.0110 WQIP-COST SHARE DEPOS… 17,315.22

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Expense Approval Report Payment Dates: 5/27/2023 - 6/9/2023 6/12/2023 1:00:12 PM Page 7 of 9
Account Summary
Account Number Account Name Payment Amount
101-0000-338.6003 VEHICLE IMPOUND FEE -579.81
101-1010-411.2812 MEMBERSHIP DUES 900.00
101-1020-411.2807 ADVERTISING 529.00
101-1110-412.2006 PROFESSIONAL SERVICES 8,198.84
101-1110-412.2808 COMMUNITY PROGRAMS 516.56
101-1110-412.2903 CONTINGENCY ACCOUNT 720.00
101-1130-412.2104 TECHNICAL SERVICES 4,055.00
101-1130-412.2901 TRAINING & EDUCATION… 213.00
101-1210-413.1103 SECTION 125 CAFETERIA 389.51
101-1210-413.1108 MGT MEDICAL REIMBURS… 420.00
101-1210-413.2027 BANKING/FIN SVC CHARG… 154.80
101-1210-413.2102 ADMINISTRATION CHARG… 37,292.99
101-1210-413.2804 TRAVEL, TRAINING, MEET… 1,210.71
101-1210-413.2904 OTHER SERVICES & CHAR… 153.75
101-1210-413.3001 OFFICE SUPPLIES 60.10
101-1910-419.2006 PROFESSIONAL SERVICES 515.88
101-1910-419.2022 PEST CONTROL SERVICE 441.00
101-1910-419.2023 SECURITY & ALARM 429.80
101-1920-419.1103 SECTION 125 CAFETERIA 2,265.00
101-1920-419.2017 COPIER LEASES 6,629.16
101-1920-419.2809 POSTAGE & FREIGHT 2,519.99
101-1920-419.2812 MEMBERSHIP DUES 11,332.00
101-1920-419.3001 OFFICE SUPPLIES 175.99
101-3010-421.2006 PROFESSIONAL SERVICES 766,710.42
101-3010-421.2125 RCS PROGRAM 1,254.00
101-3020-422.2006 PROFESSIONAL SERVICES 330.00
101-3020-422.2104 TECHNICAL SERVICES 993.50
101-3020-422.2125 RCS PROGRAM 598.50
101-3020-422.2705 UTILITIES-CELL PHONES 111.14
101-3020-422.2804 TRAVEL, TRAINING, MEET… 1,821.13
101-3020-422.3002 OPERATING SUPPLIES 926.82
101-3030-423.2006 PROFESSIONAL SERVICES 2,725.72
101-3030-423.2125 RCS PROGRAM 1,225.50
101-3030-423.2804 TRAVEL, TRAINING, MEET… 23.00
101-3040-424.2006 PROFESSIONAL SERVICES 3,881.25
101-3040-424.2016 PLAN CHECK SERVICES 4,154.58
101-3040-424.2811 PRINTING SERVICES 55.79
101-3050-425.2006 PROFESSIONAL SERVICES 29,604.00
101-5010-431.2104 TECHNICAL SERVICES 8,839.24
101-5010-431.2123 TRAFFIC CONTROL 199.84
101-5010-431.3002 OPERATING SUPPLIES 299.55
101-5010-431.5003 IMPROVEMNTS NOT BUIL… 8,400.00

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Expense Approval Report Payment Dates: 5/27/2023 - 6/9/2023 6/12/2023 1:00:12 PM Page 8 of 9
Account Summary
Account Number Account Name Payment Amount
101-5020-432.2503 RENT-UNIFORMS 993.26
101-5020-432.3001 OFFICE SUPPLIES 313.97
101-5050-540.2006 PROFESSIONAL SERVICES 1,805.85
101-6020-452.2104 TECHNICAL SERVICES 1,120.00
101-6020-452.2804 TRAVEL, TRAINING, MEET… 39.35
101-6020-452.3002 OPERATING SUPPLIES 252.79
101-6040-454.1004 COUNCILMEMBER PAY -17.92
101-6040-454.1103 SECTION 125 CAFETERIA -1,988.90
101-6040-454.1104 LIFE INSURANCE 16.74
101-6040-454.3002 OPERATING SUPPLIES 1,734.36
103-6030-453.5003 IMPROVEMNTS NOT BUIL… 21,778.36
202-5016-531.2006 PROFESSIONAL SERVICES 1,236.34
212-3036-421.2006 PROFESSIONAL SERVICES 17,869.65
214-5000-532.2006 PROFESSIONAL SERVICES 160,425.18
216-1240-413.2006 PROFESSIONAL SERVICES 605.00
303-1250-413.2001 ATTORNEY SERVICES 372.50
401-5020-532.2006 PROFESSIONAL SERVICES 35,187.00
420-5000-532.2006 PROFESSIONAL SERVICES 315.00
501-1921-419.2815 VEHICLE OPERATE-FUEL/O… 19,649.86
501-1921-419.2816 VEHICLE OPERATE-PARTS… 3,830.02
502-1922-419.2904 OTHER SERVICES & CHAR… 554.00
503-0000-142.0000 PRE-PAID ITEMS 16,284.82
503-1923-419.2006 PROFESSIONAL SERVICES 4,940.56
503-1923-419.2104 TECHNICAL SERVICES 241.45
503-1923-419.2704 UTILITIES-TELEPHONE 428.24
503-1923-419.2804 TRAVEL, TRAINING, MEET… 46.60
504-1924-519.2006 PROFESSIONAL SERVICES 57,274.00
601-5060-436.2801 MAINTENANCE & REPAIR 2,860.80
601-5060-436.3002 OPERATING SUPPLIES 484.54
601-5060-536.2006 PROFESSIONAL SERVICES 18,611.20
Grand Total: 1,612,159.48
Project Account Summary
Project Account Key Payment Amount
**None** 1,280,302.55
21-0047-DEP 50.00
22-0100-DEP 220.00
22-0123-DEP 50.00
22-0124-DEP 50.00
23-0003-DEP 50.00
F22104-PWST 35,187.00

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Expense Approval Report Payment Dates: 5/27/2023 - 6/9/2023 6/12/2023 1:00:12 PM Page 9 of 9
Project Account Summary
Project Account Key Payment Amount
F23100-HVAC 19,600.52
F23101-CONST 57,274.00
P21107-P 315.00
R13103-P 180.00
S22101-ENG 24,682.77
S22101-TRANSNET 1,236.34
SP1306-P 192.50
SP1409-P 605.00
SP22101-SPORT 19,250.00
SP22101-SR 116,492.41
SP2300-P 6,814.08
SP2301-P 12,306.99
SP23110-EXP 516.56
TP21873-DEP 18,172.56
W21107-P 2,313.00
W23101-P 16,298.20
Grand Total: 1,612,159.48

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P a g e | 1
June 21, 2023
ITEM TITLE: RECEIVE TREASURER’S REPORT FOR MAY 2023. (0300-90) ORIGINATING DEPARTMENT:

Finance
EXECUTIVE SUMMARY:

The City has funds invested by Chandler Asset Management, Local Area Investment Fund (LAIF), Chase (the City's operating account), a section 115 trust fund, and tax allocation reserve bonds.

On a monthly basis a Treasurer's Report is submitted to the City Council listing cash flows and a summary of cash and investments. The attached Monthly Account Statement Report from Chandler Asset Management provides the investment analysis to include a portfolio summary, listing of assets, and monthly transactions. The attached Local Agency Investment Fund (LAIF) statement provides a listing of monthly transactions. Detailed investment information for LAIF can be found on the California State Treasurer's website (www.treasurer.ca.gov/pmia-laif/pmia).

RECOMMENDATION:

Staff recommends that the City Council receive and file the May 2023 Treasurer's Report.

OPTIONS:
 Receive and file the May 2023 Treasurer's Report.

BACKGROUND/ANALYSIS:

In accordance with the City's Investment Policy and Government Code Section 53646, the City Treasurer or designee submits to the City Council a monthly investment report (Treasurer's Report) with transactions and holdings as detailed in the attached Chandler Asset Management and LAIF investment reports. The Chandler Asset Management Report discloses the following information about the risk characteristics of the City's portfolio:

1. An asset listing showing par value, cost and accurate and complete market value of each security, type of investment, issuer, and interest rate;

2. Monthly transactions for the period;

3. A one-page summary report that shows: a) average maturity of the portfolio and modified duration of the portfolio; b) maturity distribution of the portfolio; c) average portfolio credit quality; d) time-weighted total rate of return for the portfolio for the prior one month, three months, twelve months, year to date, and since inception compared to the Benchmark Index returns for the same periods;

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P a g e | 2

4. A statement of compliance with investment policy, including a schedule of any transactions or holdings which do not comply with this policy or with the California Government Code, including a justification for the presence in the portfolio and a timetable for resolution;

5. A statement that the City has adequate funds to meet its cash flow requirements for the next six months.

All these categories are reflected on the attached Monthly Account Statement Report from Chandler Asset Management, the City's portfolio and investment management consultant.

Details regarding LAIF investments can be found on the California State Treasurer website (www.treasurer.ca.gov/pmia-laif/pmia). The City has adequate funds to meet its cash flow requirements for the next six months.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

The City has funds invested by Chandler Asset Management, Local Area Investment Fund (LAIF), Chase (the City's operating account), a section 115 trust fund, and tax allocation reserve bonds.

As of the month ending May 31, 2023, the total market value of cash and investments equals $ $36,092,521.84. The attached Treasurer's Report provides a statement of cash flows and cash and investments description.

ATTACHMENTS:

ATT 1 - 2023.05 Treasurer’s Report
ATT 2 - 2023.05 Chandler Statement
ATT 3 - 2023.05 LAIF Statement

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CITY OF IMPERIAL BEACH

TREASURER'S REPORT
Statement of Cash Flows
For the Month Ended
May 31, 2023
ATTACHMENT 1
Beginning
Balance Total Activity Ending Balance

GENERAL FUND
101 - GENERAL FUND 13,182,581.42 2,907,150.89 $ 16,089,732.31 103 - M&A DA FUND 1,501,180.03 - 1,501,180.03
105 - PEG FUND 42,003.20 8,785.78 50,788.98
17,641,701.32

OTHER GOVERNMENT FUNDS
201 - GAS TAX FUND 523,822.77 40,367.81 564,190.58
202 - PROP "A" (TRANSNET) FUND 201,713.40 (22,176.46) 179,536.94 207 - ROAD MTCE & REHAB (RMRA) 1,038,513.92 43,431.87 1,081,945.79 210 - CDBG-FEDERAL ASSISTANCE (113,002.50) 101,702.25 (11,300.25) 212 - SLESF (COPS) FUND 73,610.75 (14,177.20) 59,433.55 214 - MISCELLANEOUS GRANTS FUND 4,889,854.73 (35,601.13) 4,854,253.60 401 - CAPITAL IMPROVEMENT FUND 598,786.51 (2,941.50) 595,845.01 420 - PARKS MAJOR MAINTENANCE CIP 1,149,959.95 (27,655.93) 1,122,304.02 8,446,209.24

HOUSING AUTHORITY
216 - HOUSING AUTHORITY 850,935.91 - 850,935.91
850,935.91

SUCCESSOR AGENCY
301 - SA DEBT SERVICE FUND 1,723.59 (2,751,054.04) (2,749,330.45) 303 - REDEV OBLIG RETIRE FUND 1,985,540.06 1,364,150.26 3,349,690.32 600,359.87

INTERNAL SERVICES
501 - VEHICLE REPLACEMENT/MAINT 336,176.19 (115,994.53) 220,181.66 502 - RISK MANAGEMENT FUND 1,652,614.39 (36,995.38) 1,615,619.01 503 - TECHNOLOGY/COMMUNICATIONS 121,525.13 (29,550.78) 91,974.35 504 - FACILITY MAINT/REPLACEMENT 185,736.47 (16,059.42) 169,677.05 2,097,452.07

SEWER FUND
601 - SEWER ENTERPRISE FUND 7,028,330.88 (538,955.95) 6,489,374.93 6,489,374.93

AGENCY FUNDS
715 - ASSESSMENT DIST. #63 FUND 121,903.25 - 121,903.25 720 - ASSESSMENT DIST. #64 FUND 31,069.76 - 31,069.76
725 - ASSESSMENT DIST. #66 FUND 175,794.90 - 175,794.90 730 - ASSESSMENT DIST. #68 FUND 104,443.62 - 104,443.62 735 - ASSESSMENT DIST. #71 FUND 16,803.12 - 16,803.12
450,014.65
GRAND TOTAL $ 36,576,047.99

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CITY OF IMPERIAL BEACH

TREASURER'S REPORT
Statement of Cash Flows
For the Month Ended
May 31, 2023
ATTACHMENT 1

CASH DEPOSIT ACCOUNTS
Beginning
Balance Total Activity Ending Balance
Chase - Checking (Operating) 771,355.20 586,757.14 $ 1,358,112.34 Chandler Investments 22,519,563.08 37,669.40 22,557,232.48 LAIF 12,410,703.17 250,000.00 12,660,703.17
$ 36,576,047.99
Operating Bank Reconciliation
General Ledger Balance 1,358,112.34
Outstanding Checks/Deposits/Adjustments 61,641.00
Statement Balance $1,419,753.34
Chandler Asset Management Reconciliation
General Ledger Balance 22,557,232.48
Interest/Market Value/Other Adjustments -
Statement Balance $ 22,557,232.48
LAIF Reconciliation
General Ledger Balance 12,660,703.17
Interest/Market Value/Other Adjustments -
Statement Balance $ 12,660,703.17

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CITY OF IMPERIAL BEACH

TREASURER'S REPORT
Cash and Investments
As of May 31, 2023
ATTACHMENT 1
Description Cost Value Market Value
Interest/Yield
to Maturity Maturity Date
% of
Portfolio
Cash and Cash Equivalents
Chase Bank (statement balance) $ 1,419,753.34 $ 1,419,753.34 0.000% n/a 3.77% LAIF 12,660,703.17 12,489,914.45 2.993% n/a 33.64%
Investments
Chandler Investments
Asset-Backed Securities 1,314,224.08 1,280,293.81 5.630% See Attached 3.49% Federal Agencies 4,356,551.80 4,272,917.95 5.040% See Attached 11.57% Collater. Mortgage Obligation 1,750,934.78 1,745,229.63 4.450% See Attached 4.65% US Corporate 3,901,348.75 3,804,092.81 5.020% See Attached 10.37% Money Market Funds 59,408.28 59,408.28 4.660% See Attached 0.16% Supranational 542,472.95 519,295.91 5.070% See Attached 1.44% US Treasury 10,632,291.84 10,501,615.66 4.750% See Attached 28.25% Total Cash and Investments $ 36,637,688.99 $ 36,092,521.84 4.887% Bond Reserves
2013 Tax Allocation Revenue Bonds
Cash Management - - 0.000% n/a 0.00%
2020 Tax Allocation Revenue Bonds
Cash Management 72.39 72.39 0.000% n/a 0.00%
2022 Tax Allocation Revenue Bonds
Cash Management - - 0.000% n/a 0.00%
Total Bond Reserves $ 72.39 $ 72.39
PARS Section 115 Trust Fund
Pension
Portfolio Balance $ 700,000.00 $ 717,563.72 0.000% n/a 1.86% OPEB
Portfolio Balance $ 300,000.00 $ 307,527.30 0.000% n/a 0.80% $ 1,000,000.00 $ 1,025,091.02
Total Investment Portfolio $ 37,637,761.38 $ 37,117,685.25 100.00% PREPARED BY:

Signature on file
Joann M. Gitmed, Finance Manager
I hereby certify that the investments are in compliance with the investment policy adopted by the City Council.

The investment portfolio provides sufficient funds to meet the budgeted expenditures over the next six months.

This report meets the requirements of Government Code Section 53646.

Page 3 ends

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City of Imperial Beach - Account

MONTHLY ACCOUNT STATEMENT
MAY 1, 2023 THROUGH MAY 31, 2023
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures.

CHANDLER ASSET MANAGEMENT
chandlerasset.com
Chandler Team:

For questions about your account, please call (800) 317-4747, or contact [email protected]
Custodian
US Bank
ATTACHMENT 2

Page 31 of 267 ends

ACCOUNT SUMMARY
Beg. Values
as of 4/30/23
End Values
as of 5/31/23
Market Value 22,188,973 22,182,854
Accrued Interest 72,596 73,574
Total Market Value 22,261,569 22,256,428
Income Earned 41,000 56,113
Cont/WD -1,748
Par 22,836,344 22,878,326
Book Value 22,541,360 22,594,748
Cost Value 22,527,938 22,557,232

TOP ISSUERS
Government of United States 47.3%
Federal Home Loan Mortgage Corp 13.3%
Federal Home Loan Bank 6.2%
Federal Farm Credit Bank 4.8%
Federal National Mortgage Assoc 2.8%
Inter-American Dev Bank 1.4%
Apple Inc 1.1%
Microsoft 1.1%
Total 78.0%

PORTFOLIO CHARACTERISTICS
Average Modified Duration 1.36
Average Coupon 2.52%
Average Purchase YTM 2.90%
Average Market YTM 4.89%
Average S&P/Moody Rating AA+/Aa1
Average Final Maturity 1.57 yrs
Average Life 1.39 yrs

SECTOR ALLOCATION MATURITY DISTRIBUTION CREDIT QUALITY (S&P) Portfolio Summary
As of May 31, 2023
City of Imperial Beach
Account

PERFORMANCE REVIEW
Annualized
TOTAL RATE OF RETURN 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS 7/31/2013 City of Imperial Beach -0.02% 1.72% 1.75% 0.96% -0.93% -0.44% 1.30% N/A 1.07% ICE BofA 1-3 Yr US Treasury Index -0.34% 1.51% 1.47% 0.03% -1.44% -0.88% 1.05% N/A 0.81% ICE BofA 1-3 Yr AAA-A US Corp & Govt Index -0.32% 1.50% 1.51% 0.14% -1.40% -0.76% 1.16% N/A 0.95% Chandler Asset Management - CONFIDENTIAL Page 1 Execution Time: 6/1/2023 8:56:51 PM

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Category Standard Comment
Treasury Issues No limitation; Full faith and credit of the U.S. are pledged for the payment of principal and interest Complies Federal Agencies
20% max callable in federal agency securities; Federal Agencies or U.S. Government-Sponsored Enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or U.S. government-sponsored enterprises.

Complies
Municipal Securities
"A" rating category or higher by at least one NRSRO; 30% maximum; 5% max per issuer; Include obligations of the City, State of California, any local agency within the State of California, and registered notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state, or by a department, board, agency, or authority of any of the other 49 states.

Complies
Supranationals
"AA" rating category or higher by a Nationally Recognized Statistical Rating Organization ("NRSRO"); 30% maximum; 10% max per issuer; USD denominated senior unsecured unsubordinated obligations; Issued or unconditionally guaranteed by International Bank for Reconstruction (IBRD), International Finance Corporation (IFC), or Inter-American Development Bank (IADB)
Complies
Banker’s Acceptances "A-1" rated or higher by a NRSRO for short term debt obligations; and "A" rating category or higher for long-term debt obligations; 40% maximum; 5% max per issuer; <180 days maturity Complies Commercial Paper
"A-1" rated or higher by a NRSRO for short-term obligations; "A" rating category or higher by a NRSRO for long-term obligations, if any; 25% maximum; 5% max per issuer; 270 days max maturity; Issuer is a corporation organized and operating in the U.S. with assets >$500 million. No more than 10% of the outstanding commercial paper per issuer.

Complies
Corporate Medium Term Notes "A" rating category or better by at least one NRSRO; 30% maximum; 5% max per issuer; Issued by corporations organized and operating within the U.S. or by depository institutions licensed by the U.S. or any state and operating in the U.S. Complies Negotiable Certificates of Deposit "A-1" short-term debt rated or higher by a NRSRO or "A" rating category or higher by a NRSRO for long-term obligations; 30% maximum; 5% max per issuer
Complies
FDIC insured Time Deposits/ Certificates
of Deposit
Amount per institution limited to the max covered under FDIC or NCUA; 20% maximum (combination of FDIC insured and collateralized TDs/ CDs); 5% max per issuer Complies
Collateralized Time Deposits/ Certificates
of Deposit
20% maximum (combination of FDIC insured and collateralized TDs/ CDs); 5% max per issuer; Non-negotiable Certificates of Deposit in excess of insured amounts which are fully collateralized with securities in accordance with California law. Complies Certificate of Deposit Placement Service
(CDARS)
No more than 30% of the total portfolio may be invested in a combination of certificates of deposit including CDARS; Maximum maturity of 5 years Complies
Mortgage Pass-Through Securities, Asset
Backed Securities, Collateralized
Mortgage Obligations
"AA" rating category or higher by a NRSRO; 20% maximum; 5% max per issuer; From issuers not defined in sections 1 (U.S.

Government) and 2 (Federal Agencies) of the Authorized and Suitable Investment section of the policy. Complies Repurchase Agreements 1 year maximum maturity Complies
Mutual Funds and Money Market Mutual
Funds
Highest rating or "AAA" rated by two NRSROs; or SEC registered investment adviser with AUM >$500 million and experience > 5 years; 20% maximum in Money Market Mutual Funds and Mutual Funds; 20% max per one Money Market Mutual Fund; 10% max per one Mutual Fund
Complies
Local Agency Investment Fund Maximum permitted amount in LAIF Complies City of Imperial Beach
As of May 31, 2023
Assets managed by Chandler Asset Management are in full compliance with state law and the City's investment policy.

Statement of Compliance

Page 33 of 267 ends

Prohibited Securities
Securities issued by fossil fuel companies that directly source the majority of their revenues from oil, gas, and/ or coal production; Futures and Options; Inverse floaters; Ranges notes, Interest-only strips from mortgaged backed securities; Zero interest accrual securities; Purchasing or selling securities on margin; Reverse Repurchase Agreements; Securities Lending; Foreign currency denominated securities
Complies
Max Per Issuer
No more than 5% in any single issuer, other than the US Government, its Agencies and enterprises, Supranationals, Money Market Funds and Local Government Investment Pools Complies Local Government Investment Pools No more than 10% per issuer limitation other than LAIF Complies Weighted Average Maturity 3 years Complies
Maximum Maturity 5 years Complies

Page 34 of 267 ends

BOOK VALUE RECONCILIATION
BEGINNING BOOK VALUE $22,541,359.87
Acquisition
+ Security Purchases $454,145.71
+ Money Market Fund Purchases $327,730.18
+ Money Market Contributions $0.00
+ Security Contributions $0.00
+ Security Transfers $0.00
Total Acquisitions $781,875.89
Dispositions
- Security Sales $0.00
- Money Market Fund Sales $455,099.84
- MMF Withdrawals $1,748.00
- Security Withdrawals $0.00
- Security Transfers $0.00
- Other Dispositions $0.00
- Maturities $250,000.00
- Calls $0.00
- Principal Paydowns $48,900.31
Total Dispositions $755,748.15
Amortization/Accretion
+/- Net Accretion $27,260.17
$27,260.17
Gain/Loss on Dispositions
+/- Realized Gain/Loss $0.00
$0.00
ENDING BOOK VALUE $22,594,747.78

CASH TRANSACTION SUMMARY
BEGINNING BALANCE $188,525.94
Acquisition
Contributions $0.00
Security Sale Proceeds $0.00
Accrued Interest Received $0.00
Interest Received $26,337.91
Dividend Received $2,491.96
Principal on Maturities $250,000.00
Interest on Maturities $0.00
Calls/Redemption (Principal) $0.00
Interest from Calls/Redemption $0.00
Principal Paydown $48,900.31
Total Acquisitions $327,730.18
Dispositions
Withdrawals $1,748.00
Security Purchase $454,145.71
Accrued Interest Paid $954.13
Total Dispositions $456,847.84
ENDING BOOK VALUE $59,408.28
Reconciliation Summary
As of May 31, 2023
City of Imperial Beach
Account
Chandler Asset Management - CONFIDENTIAL Page 3 Execution Time: 6/1/2023 8:56:51 PM

Page 35 of 267 ends

Holdings Report
As of May 31, 2023
City of Imperial Beach
Account
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
ABS
43813RAC1 Honda Auto Receivables 2020-1 A3

1.61% Due 4/22/2024
4,662.11 02/19/2020

1.62%
4,661.20
4,661.91

99.78 4.58%
4,651.77

2.08 0.02%
(10.14)
Aaa / NR
AAA

0.90 0.07
47789KAC7 John Deere Owner Trust 2020-A A3

1.1% Due 8/15/2024
2,513.46 03/04/2020

1.11%
2,513.31
2,513.42

99.82 5.24%
2,508.85

1.23 0.01%
(4.57)
Aaa / NR
AAA

1.21 0.04
36262XAC8 GM Financial Auto Lease Trust 2021-3
A2

0.39% Due 10/21/2024
61,543.75 08/10/2021

0.39%
61,542.90
61,543.53

98.31 5.80%
60,505.51

7.33 0.27%
(1,038.02)

NR / AAA
AAA

1.39 0.31
58769KAD6 Mercedes-Benz Auto Lease Trust 2021-
B A3

0.4% Due 11/15/2024
45,801.44 06/22/2021

0.40%
45,797.98
45,800.59

98.18 6.00%
44,966.02

8.14 0.20%
(834.57)

NR / AAA
AAA

1.46 0.32
09690AAC7 BMW Vehicle Lease Trust 2021-2 A3

0.33% Due 12/26/2024
21,595.67 09/08/2021

0.34%
21,593.44
21,595.11

98.47 6.14%
21,266.18

1.19 0.10%
(328.93)
Aaa / NR
AAA

1.58 0.26
05601XAC3 BMW Vehicle Lease Trust 2022-1 A3

1.1% Due 3/25/2025
36,661.79 01/11/2022

1.05%
36,656.31
36,659.74

97.94 6.15%
35,905.86

6.72 0.16%
(753.88)

NR / AAA
AAA

1.82 0.41
43813GAC5 Honda Auto Receivables Trust 2021-1
A3

0.27% Due 4/21/2025
27,125.45 02/17/2021

0.04%
27,124.96
27,125.32

97.44 6.07%
26,431.34

2.03 0.12%
(693.98)
Aaa / NR
AAA

1.89 0.44
47788UAC6 John Deere Owner Trust 2021-A A3

0.36% Due 9/15/2025
27,228.80 03/02/2021

0.37%
27,223.57
27,226.80

96.76 6.23%
26,347.89

4.36 0.12%
(878.91)
Aaa / NR
AAA

2.30 0.55
89190GAC1 Toyota Auto Receivables Trust 2021-B
A3

0.26% Due 11/17/2025
134,285.10 06/08/2021

0.26%
134,270.63
134,279.59

96.44 6.12%
129,502.67

15.52 0.58%
(4,776.92)

NR / AAA
AAA

2.47 0.61
43815EAC8 Honda Auto Receivables 2021-3 A3

0.41% Due 11/18/2025
71,629.25 08/17/2021

0.26%
71,628.20
71,628.77

96.19 5.96%
68,900.61

10.61 0.31%
(2,728.16)

NR / AAA
AAA

2.47 0.69
05593AAC3 BMW Vehicle Lease Trust 2023-1 A3

5.16% Due 11/25/2025
25,000.00 02/07/2023

5.22%
24,999.41
24,999.49

99.63 5.49%
24,906.80

21.50 0.11%
(92.69)
Aaa / AAA
NR

2.49 1.35
43815GAC3 Honda Auto Receivables Trust 2021-4
A3

0.88% Due 1/21/2026
40,000.00 11/16/2021

0.89%
39,991.57
39,995.51

95.64 5.81%
38,254.00

9.78 0.17%
(1,741.51)
Aaa / NR
AAA

2.65 0.89
47789QAC4 John Deere Owner Trust 2021-B A3

0.52% Due 3/16/2026
45,871.32 07/13/2021

0.52%
45,867.23
45,869.32

95.73 5.90%
43,912.16

10.60 0.20%
(1,957.16)
Aaa / NR
AAA

2.79 0.79
89238JAC9 Toyota Auto Receivables Trust 2021-D
A3

0.71% Due 4/15/2026
40,000.00 11/09/2021

0.71%
39,999.15
39,999.55

95.61 5.79%
38,245.92

12.62 0.17%
(1,753.63)

NR / AAA
AAA

2.88 0.87
Chandler Asset Management - CONFIDENTIAL Page 4 Execution Time: 6/1/2023 8:56:51 PM

Page 36 of 267 ends

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
ABS
44935FAD6 Hyundai Auto Receivables Trust 2021-C
A3

0.74% Due 5/15/2026
30,000.00 11/09/2021

0.75%
29,993.30
29,996.55

95.75 5.82%
28,725.99

9.87 0.13%
(1,270.56)

NR / AAA
AAA

2.96 0.84
05602RAD3 BMW Vehicle Owner Trust 2022-A A3

3.21% Due 8/25/2026
45,000.00 05/10/2022

3.23%
44,997.66
44,998.44

97.03 5.97%
43,663.28

24.08 0.20%
(1,335.16)
Aaa / AAA
NR

3.24 1.09
362554AC1 GM Financial Securitized Term 2021-4
A3

0.68% Due 9/16/2026
30,000.00 10/13/2021

0.66%
29,999.24
29,999.60

95.28 5.93%
28,582.62

8.50 0.13%
(1,416.98)
Aaa / AAA
NR

3.30 0.90
47787JAC2 John Deere Owner Trust 2022-A A3

2.32% Due 9/16/2026
50,000.00 03/10/2022

2.34%
49,988.94
49,992.76

96.10 5.82%
48,051.55

51.56 0.22%
(1,941.21)
Aaa / NR
AAA

3.30 1.12
448977AD0 Hyundai Auto Receivables Trust 2022-A
A3

2.22% Due 10/15/2026
90,000.00 03/09/2022

2.23%
89,996.54
89,997.83

95.97 5.55%
86,373.09

88.80 0.39%
(3,624.74)

NR / AAA
AAA

3.38 1.22
380146AC4 GM Financial Auto Receivables 2022-1
A3

1.26% Due 11/16/2026
25,000.00 01/11/2022

1.23%
24,997.83
24,998.72

95.34 5.74%
23,833.83

13.13 0.11%
(1,164.89)

NR / AAA
AAA

3.47 1.05
362585AC5 GM Financial Securitized ART 2022-2 A3

3.1% Due 2/16/2027
40,000.00 04/05/2022

3.13%
39,991.64
39,994.40

96.84 5.52%
38,736.52

51.67 0.17%
(1,257.88)
Aaa / AAA
NR

3.72 1.33
43815JAC7 Honda Auto Receivables Owner 2023-1
A3

5.04% Due 4/21/2027
45,000.00 02/16/2023

5.10%
44,991.64
44,992.34
100.06

5.06%
45,026.33

63.00 0.20%

33.99 Aaa / NR
AAA

3.89 2.00
02582JJT8 American Express Credit Trust 2022-2 A

3.39% Due 5/17/2027
110,000.00 05/17/2022

3.42%
109,975.67
109,984.02

97.20 4.95%
106,921.87
165.73

0.48%
(3,062.15)

NR / AAA
AAA

3.96 1.84
92348KAV5 Verizon Master Trust 2022-5 A1A

3.72% Due 7/20/2027
45,000.00 08/02/2022

3.75%
44,998.02
44,998.59

98.64 5.27%
44,386.97

51.15 0.20%
(611.62)

NR / AAA
AAA

4.14 1.17
58768PAC8 Mercedes-Benz Auto Receivables 2022-
1 A3

5.21% Due 8/16/2027
85,000.00 02/15/2023

5.02%
85,438.28
85,399.75
100.21

5.12%
85,174.76
196.82

0.38%
(224.99)
Aaa / AAA
NR

4.21 1.44
47800CAC0 John Deere Owner Trust 2023-A A3

5.01% Due 11/15/2027
70,000.00 02/22/2023

5.07%
69,987.25
69,987.92
100.13

5.00%
70,089.46
155.87

0.32%
101.54
Aaa / NR
AAA

4.46 1.97
362583AD8 GM Auto Receivable Trust 2023-2 A3

4.47% Due 2/16/2028
65,000.00 04/04/2023

4.53%
64,998.21
64,998.28

99.11 5.49%
64,421.96
121.06

0.29%
(576.32)
Aaa / AAA
NR

4.72 0.91
Total ABS 1,313,918.14 2.20%
1,314,224.08
1,314,237.85 5.63%
1,280,293.81
1,114.95

5.76%
(33,944.04)
Aaa / AAA
AAA

3.13 1.04
Chandler Asset Management - CONFIDENTIAL Page 5 Execution Time: 6/1/2023 8:56:51 PM

Page 37 of 267 ends

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
AGENCY
3135G05G4 FNMA Note

0.25% Due 7/10/2023
400,000.00 07/31/2020

0.24%
400,164.00
400,005.97

99.44 5.45%
397,757.20
391.67

1.79%
(2,248.77)
Aaa / AA+
AAA

0.11 0.11
3133EL3V4 FFCB Note

0.2% Due 8/14/2023
250,000.00 08/12/2020

0.27%
249,480.00
249,964.73

99.00 5.18%
247,502.50
148.61

1.11%
(2,462.23)
Aaa / AA+
AAA

0.21 0.20
3137EAEV7 FHLMC Note

0.25% Due 8/24/2023
250,000.00 08/26/2020

0.30%
249,662.50
249,974.04

98.81 5.48%
247,022.75
168.40

1.11%
(2,951.29)
Aaa / AA+
AAA

0.23 0.23
3133EJYL7 FFCB Note

2.8% Due 9/5/2023
500,000.00 06/10/2019

2.00%
516,185.00
501,004.37

99.39 5.15%
496,932.50
3,344.44

2.25%
(4,071.87)
Aaa / AA+
AAA

0.27 0.26
3137EAEW5 FHLMC Note

0.25% Due 9/8/2023
355,000.00 Various

0.24%
355,096.85
355,009.03

98.66 5.28%
350,249.75
204.62

1.57%
(4,759.28)
Aaa / AA+
AAA

0.27 0.27
3133EMBS0 FFCB Note

0.2% Due 10/2/2023
250,000.00 09/28/2020

0.24%
249,702.50
249,966.58

98.27 5.43%
245,684.50

81.94 1.10%
(4,282.08)
Aaa / AA+
AAA

0.34 0.33
3137EAEY1 FHLMC Note

0.125% Due 10/16/2023
195,000.00 10/14/2020

0.25%
194,272.65
194,909.00

98.11 5.26%
191,314.50

30.47 0.86%
(3,594.50)
Aaa / AA+
AAA

0.38 0.37
3137EAEZ8 FHLMC Note

0.25% Due 11/6/2023
250,000.00 11/03/2020

0.28%
249,775.00
249,967.56

97.89 5.25%
244,735.25

43.40 1.10%
(5,232.31)
Aaa / AA+
AAA

0.44 0.42
3137EAFA2 FHLMC Note

0.25% Due 12/4/2023
180,000.00 12/02/2020

0.28%
179,821.80
179,969.73

97.38 5.56%
175,276.62
221.25

0.79%
(4,693.11)
Aaa / AA+
AAA

0.51 0.49
3130A7PH2 FHLB Note

1.875% Due 3/8/2024
100,000.00 03/03/2020

0.85%
104,035.00
100,773.95

97.45 5.30%
97,445.80
432.29

0.44%
(3,328.15)
Aaa / AA+
NR

0.77 0.75
3130ATVD6 FHLB Note

4.875% Due 9/13/2024
250,000.00 01/26/2023

4.59%
251,110.00
250,876.81

99.86 4.98%
249,648.50
2,640.63

1.13%
(1,228.31)
Aaa / AA+
NR

1.29 1.22
3130ATUR6 FHLB Note

4.625% Due 12/13/2024
250,000.00 02/01/2023

4.42%
250,872.50
250,719.81

99.72 4.81%
249,304.50
6,648.44

1.15%
(1,415.31)
Aaa / AA+
NR

1.54 1.43
3130AQF40 FHLB Note
1% Due 12/20/2024
175,000.00 12/21/2021

1.03%
174,846.00
174,920.04

94.47 4.73%
165,327.23
782.64

0.75%
(9,592.81)
Aaa / AA+
AAA

1.56 1.50
3133ENKS8 FFCB Note

1.125% Due 1/6/2025
90,000.00 01/06/2022

1.20%
89,797.50
89,891.42

94.56 4.70%
85,103.55
407.81

0.38%
(4,787.87)
Aaa / AA+
AAA

1.61 1.54
3135G05X7 FNMA Note

0.375% Due 8/25/2025
250,000.00 03/07/2022

1.78%
238,280.00
242,445.88

91.46 4.44%
228,638.00
250.00

1.03%
(13,807.88)
Aaa / AA+
AAA

2.24 2.18
3130ATUC9 FHLB Note

4.5% Due 12/12/2025
350,000.00 01/26/2023

4.00%
354,683.00
354,137.32
100.52

4.28%
351,831.55
9,100.00

1.62%
(2,305.77)
Aaa / AA+
NR

2.54 2.31
Chandler Asset Management - CONFIDENTIAL Page 6 Execution Time: 6/1/2023 8:56:51 PM

Page 38 of 267 ends

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
AGENCY
3130AUU36 FHLB Note

4.125% Due 3/13/2026
250,000.00 03/14/2023

4.30%
248,767.50
248,855.37

99.66 4.25%
249,143.25
3,236.98

1.13%
287.88
Aaa / AA+
AAA

2.79 2.57
Total Agency 4,345,000.00 1.63%
4,356,551.80
4,343,391.61 5.04%
4,272,917.95
28,133.59

19.32%
(70,473.66)
Aaa / AA+
AAA

0.94 0.89
CMO
3137BKRJ1 FHLMC K047 A2

3.329% Due 5/25/2025
100,000.00 05/19/2022

2.95%
100,578.13
100,377.16

97.02 4.94%
97,019.30
277.42

0.44%
(3,357.86)

NR / NR
AAA

1.99 1.76
3137BMTX4 FHLMC K052 A2

3.151% Due 11/25/2025
250,000.00 02/10/2023

4.58%
241,220.70
242,160.71

96.68 4.62%
241,709.25
656.46

1.09%
(451.46)

NR / NR
AAA

2.49 2.17
3137BNGT5 FHLMC K054 A2

2.745% Due 1/25/2026
250,000.00 02/15/2023

4.82%
237,392.58
238,599.03

95.72 4.52%
239,292.25
571.88

1.08%
693.22

NR / AAA
NR

2.66 2.37
3137BQYS0 FHLMC K056 A2

2.525% Due 5/25/2026
250,000.00 02/08/2023

4.44%
236,826.17
238,039.11

94.84 4.45%
237,106.25
526.04

1.07%
(932.86)

NR / NR
AAA

2.99 2.67
3137BSP72 FHLMC K058 A2

2.653% Due 8/25/2026
250,000.00 01/31/2023

4.06%
237,910.16
239,029.06

94.77 4.40%
236,919.75
552.71

1.07%
(2,109.31)

NR / NR
AAA

3.24 2.99
3137BVZ82 FHLMC K063

3.43% Due 1/25/2027
250,000.00 02/08/2023

4.14%
242,861.33
243,395.99

96.77 4.40%
241,919.00
714.58

1.09%
(1,476.99)

NR / NR
AAA

3.66 3.23
3137FBBX3 FHLMC K068 A2

3.244% Due 8/25/2027
250,000.00 05/12/2023

4.00%
242,705.08
242,776.27

95.81 4.33%
239,516.25
675.83

1.08%
(3,260.02)
Aaa / NR
NR

4.24 3.80
3137FETN0 FHLMC K073 A2

3.35% Due 1/25/2028
220,000.00 05/24/2023

4.34%
211,440.63
211,450.69

96.25 4.24%
211,747.58
122.83

0.95%
296.89

NR / NR
AAA

4.66 4.13
Total CMO 1,820,000.00 4.26%
1,750,934.78
1,755,828.02 4.45%
1,745,229.63
4,097.75

7.86%
(10,598.39)
Aaa / AAA
AAA

3.32 2.96

CORPORATE
24422EVN6 John Deere Capital Corp Note

0.45% Due 1/17/2024
170,000.00 03/01/2021

0.47%
169,879.30
169,973.54

97.07 5.25%
165,022.57
284.75

0.74%
(4,950.97)
A2 / A
A+

0.63 0.61
Chandler Asset Management - CONFIDENTIAL Page 7 Execution Time: 6/1/2023 8:56:51 PM

Page 39 of 267 ends

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration

CORPORATE
69371RR24 Paccar Financial Corp Note

0.35% Due 2/2/2024
100,000.00 01/28/2021

0.39%
99,884.00
99,973.94

96.65 5.51%
96,653.30
115.69

0.43%
(3,320.64)
A1 / A+
NR

0.68 0.65
808513BN4 Charles Schwab Corp Callable Note
Cont 2/18/2024

0.75% Due 3/18/2024
150,000.00 Various

0.64%
150,413.00
150,120.41

96.04 5.90%
144,065.85
228.13

0.65%
(6,054.56)
A2 / AA0.80

0.77 023135BW5 Amazon.com Inc Note

0.45% Due 5/12/2024
100,000.00 05/10/2021

0.50%
99,854.00
99,953.91

95.48 5.41%
95,482.80

23.75 0.43%
(4,471.11)
A1 / AA
AA0.950.92
91324PEB4 United Health Group Inc Callable Note
Cont 5/15/2022

0.55% Due 5/15/2024
50,000.00 11/08/2021

0.78%
49,713.00
49,890.77

95.55 5.39%
47,776.65

12.22 0.21%
(2,114.12)
A3 / A+
A

0.96 0.93
14913R2L0 Caterpillar Financial Service Note

0.45% Due 5/17/2024
155,000.00 05/10/2021

0.50%
154,792.30
154,933.48

95.53 5.28%
148,072.74

27.13 0.67%
(6,860.74)
A2 / A
A+

0.96 0.94
89114QCA4 Toronto Dominion Bank Note

2.65% Due 6/12/2024
125,000.00 08/25/2021

0.61%
132,032.50
127,599.27

97.07 5.61%
121,337.50
1,555.03

0.55%
(6,261.77)
A1 / A
AA1.040.98
06051GJY6 Bank of America Corp Callable Note
Cont 6/14/2023

0.523% Due 6/14/2024
120,000.00 06/07/2021

0.52%
120,008.00
120,000.14

99.79 5.61%
119,749.44
291.14

0.54%
(250.70)
A1 / AAA1.04

0.91 06367TQW3 Bank of Montreal Note

0.625% Due 7/9/2024
150,000.00 09/10/2021

0.65%
149,878.50
149,952.30

94.70 5.63%
142,055.55
369.79

0.64%
(7,896.75)
A2 / AAA1.11

1.07 79466LAG9 Salesforce.com Inc Callable Note Cont
7/15/2022

0.625% Due 7/15/2024
25,000.00 06/29/2021

0.64%
24,987.25
24,995.24

95.12 5.15%
23,780.65

59.03 0.11%
(1,214.59)
A2 / A+
NR

1.13 1.09
91159HHX1 US Bancorp Callable Note Cont
6/28/2024

2.4% Due 7/30/2024
150,000.00 11/09/2021

0.80%
156,232.50
152,554.09

96.14 5.87%
144,213.15
1,210.00

0.65%
(8,340.94)
A3 / A
A+

1.17 1.12
78015K7C2 Royal Bank of Canada Note

2.25% Due 11/1/2024
150,000.00 08/19/2021

0.77%
156,999.00
153,115.34

95.69 5.45%
143,535.00
281.25

0.65%
(9,580.34)
A1 / A
AA1.421.36
63743HFC1 National Rural Utilities Note

1.875% Due 2/7/2025
125,000.00 03/18/2022

2.76%
121,962.50
123,220.19

94.96 5.03%
118,705.75
742.19

0.54%
(4,514.44)
A2 / AA1.69

1.61 46647PBY1 JP Morgan Chase & Co Callable Note
Cont 2/16/2024

0.563% Due 2/16/2025
85,000.00 02/09/2021

0.56%
85,000.00
85,000.00

96.37 5.71%
81,914.67
139.58

0.37%
(3,085.33)
A1 / AAA1.72

1.64 69371RR73 Paccar Financial Corp Note

2.85% Due 4/7/2025
70,000.00 03/31/2022

2.86%
69,981.80
69,988.77

96.37 4.92%
67,461.10
299.25

0.30%
(2,527.67)
A1 / A+
NR

1.85 1.76
Chandler Asset Management - CONFIDENTIAL Page 8 Execution Time: 6/1/2023 8:56:51 PM

Page 40 of 267 ends

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration

CORPORATE
87612EBL9 Target Corp Callable Note Cont 4/15/25

2.25% Due 4/15/2025
150,000.00 02/17/2022

2.08%
150,739.50
150,432.31

95.50 4.79%
143,244.30
431.25

0.65%
(7,188.01)
A2 / A
A

1.88 1.80
06406RBC0 Bank of NY Mellon Corp Callable Note
Cont 3/25/2025

3.35% Due 4/25/2025
110,000.00 04/19/2022

3.35%
109,984.60
109,990.24

96.32 5.41%
105,948.59
368.50

0.48%
(4,041.65)
A1 / A
AA1.901.80
46647PCH7 JP Morgan Chase & Co Callable Note
Cont 6/1/2024

0.824% Due 6/1/2025
130,000.00 05/24/2021

0.78%
130,170.10
130,056.80

95.00 5.88%
123,504.94
535.60

0.56%
(6,551.86)
A1 / AAA2.01

1.91 438516CB0 Honeywell Intl Callable Note Cont
5/1/2025

1.35% Due 6/1/2025
150,000.00 03/09/2022

2.31%
145,542.00
147,233.62

93.71 4.68%
140,570.40
1,012.50

0.64%
(6,663.22)
A2 / A
A

2.01 1.92
594918BJ2 Microsoft Callable Note Cont 8/3/2025

3.125% Due 11/3/2025
250,000.00 01/27/2023

4.27%
242,652.50
243,535.37

97.24 4.34%
243,095.25
607.64

1.09%
(440.12)
Aaa / AAA
NR

2.43 2.30
92826CAD4 Visa Inc Callable Note Cont 9/14/2025

3.15% Due 12/14/2025
200,000.00 02/09/2023

4.50%
192,858.00
193,603.25

96.75 4.51%
193,508.20
2,922.50

0.88%
(95.05)
Aa3 / AANR2.54

2.37 857477BR3 State Street Bank Callable Note Cont
2/6/2025

1.746% Due 2/6/2026
40,000.00 02/02/2022

1.75%
40,000.00
40,000.00

93.98 5.54%
37,591.84
223.10

0.17%
(2,408.16)
A1 / A
AA2.691.61
713448FQ6 Pepsico Inc. Callable Note Cont 1/13/26

4.55% Due 2/13/2026
45,000.00 02/13/2023

4.57%
44,973.90
44,976.43
100.54

4.33%
45,241.07
602.88

0.21%
264.64
A1 / A+
NR

2.71 2.42
907818GE2 Union Pacific Corp Callable Note Cont
1/21/26

4.75% Due 2/21/2026
200,000.00 02/14/2023

4.82%
199,586.00
199,623.77
100.40

4.58%
200,802.20
2,638.89

0.91%
1,178.43
A3 / AA2.73

2.43 037833BY5 Apple Inc Callable Note Cont
11/23/2025

3.25% Due 2/23/2026
250,000.00 02/01/2023

4.27%
242,755.00
243,521.05

97.24 4.33%
243,096.75
2,211.81

1.10%
(424.30)
Aaa / AA+
NR

2.74 2.55
00440EAV9 Chubb INA Holdings Inc Callable Note
Cont 2/3/2026

3.35% Due 5/3/2026
200,000.00 03/09/2023

5.09%
190,024.00
190,719.80

97.51 4.26%
195,015.20
521.11

0.88%
4,295.40
A3 / A
A

2.93 2.74
89236TJK2 Toyota Motor Credit Corp Note

1.125% Due 6/18/2026
150,000.00 01/11/2023

4.55%
133,867.50
135,658.57

90.01 4.68%
135,009.30
764.06

0.61%
(649.27)
A1 / A+
A+

3.05 2.92
74340XBU4 Prologis LP Callable Note Cont
3/30/2026

3.25% Due 6/30/2026
200,000.00 01/27/2023

4.42%
192,662.00
193,374.60

95.91 4.69%
191,811.20
2,726.39

0.87%
(1,563.40)
A3 / A
NR

3.08 2.85
Chandler Asset Management - CONFIDENTIAL Page 9 Execution Time: 6/1/2023 8:56:51 PM

Page 41 of 267 ends

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration

CORPORATE
665859AW4 Northern Trust Company Callable Note
Cont 4/10/2027
4% Due 5/10/2027
150,000.00 10/13/2022

5.00%
143,916.00
144,741.82

97.22 4.78%
145,826.85
350.00

0.66%
1,085.03
A2 / A+
A+

3.95 3.59
Total Corporate 3,950,000.00 2.55%
3,901,348.75
3,898,739.02 5.02%
3,804,092.81
21,555.16

17.19%
(94,646.21)
A1 / A+
A+

1.98 1.84

MONEY MARKET FUND
31846V203 First American Govt Obligation Fund
Class Y
59,408.28 Various

4.66%
59,408.28
59,408.28

1.00 4.66%
59,408.28

0.00 0.27%

0.00 Aaa / AAA
AAA

0.00 0.00
Total Money Market Fund 59,408.28 4.66%
59,408.28
59,408.28 4.66%
59,408.28

0.00 0.27%

0.00 Aaa / AAA
AAA

0.00 0.00

SUPRANATIONAL
459058JM6 Intl. Bank Recon & Development Note

0.25% Due 11/24/2023
125,000.00 11/17/2020

0.32%
124,731.25
124,956.80

97.56 5.45%
121,953.63

6.08 0.55%
(3,003.17)
Aaa / AAA
AAA

0.48 0.47
4581X0EE4 Inter-American Dev Bank Note

3.25% Due 7/1/2024
120,000.00 06/22/2022

3.26%
119,988.00
119,993.50

98.10 5.07%
117,724.08
1,625.00

0.54%
(2,269.42)
Aaa / AAA
AAA

1.09 1.03
4581X0DZ8 Inter-American Dev Bank Note

0.5% Due 9/23/2024
195,000.00 09/15/2021

0.52%
194,855.70
194,936.80

94.46 4.91%
184,197.00
184.17

0.83%
(10,739.80)
Aaa / AAA
NR

1.32 1.28
45950KCR9 International Finance Corp Note

1.375% Due 10/16/2024
100,000.00 07/29/2021

0.46%
102,898.00
101,244.83

95.42 4.86%
95,421.20
171.88

0.43%
(5,823.63)
Aaa / AAA
NR

1.38 1.33
Total Supranational 540,000.00 1.07%
542,472.95
541,131.93 5.07%
519,295.91
1,987.13

2.34%
(21,836.02)
Aaa / AAA
AAA

1.08 1.04

US TREASURY
912797FN2 US Treasury Bill

4.725% Due 6/13/2023
1,000,000.00 04/21/2023

4.82%
993,437.50
998,425.00

99.84 4.82%
998,425.00

0.00 4.49%

0.00 P-1 / A-1+
F-1+

0.04 0.03
912796ZS1 US Treasury Bill

4.902% Due 7/6/2023
1,000,000.00 04/17/2023

5.02%
989,241.74
995,233.68

99.52 5.02%
995,233.68

0.00 4.47%

0.00 P-1 / A-1+
F-1+

0.10 0.10
912796Z51 US Treasury Bill

4.86% Due 8/31/2023
1,000,000.00 04/21/2023

5.01%
982,585.00
987,715.00

98.77 5.01%
987,715.00

0.00 4.44%

0.00 P-1 / A-1+
F-1+

0.25 0.25
Chandler Asset Management - CONFIDENTIAL Page 10 Execution Time: 6/1/2023 8:56:51 PM

Page 42 of 267 ends

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration

US TREASURY
912796CQ0 US Treasury Bill

4.845% Due 9/14/2023
1,000,000.00 04/17/2023

5.01%
979,947.08
985,868.75

98.59 5.01%
985,868.75

0.00 4.43%

0.00 P-1 / A-1+
F-1+

0.29 0.28
912797FA0 US Treasury Bill

4.848% Due 10/12/2023
1,000,000.00 04/17/2023

5.03%
976,166.46
982,091.18

98.21 5.03%
982,091.18

0.00 4.41%

0.00 P-1 / A-1+
F-1+

0.37 0.36
91282CBA8 US Treasury Note

0.125% Due 12/15/2023
250,000.00 01/11/2021

0.22%
249,326.17
249,875.59

97.26 5.32%
243,154.25
144.23

1.09%
(6,721.34)
Aaa / AA+
AAA

0.54 0.53
91282CBV2 US Treasury Note

0.375% Due 4/15/2024
250,000.00 04/28/2021

0.36%
250,146.48
250,043.19

95.86 5.28%
239,648.50
120.39

1.08%
(10,394.69)
Aaa / AA+
AAA

0.88 0.85
91282CCC3 US Treasury Note

0.25% Due 5/15/2024
250,000.00 05/12/2021

0.36%
249,218.75
249,750.77

95.36 5.29%
238,398.50

28.87 1.07%
(11,352.27)
Aaa / AA+
AAA

0.96 0.93
91282CCG4 US Treasury Note

0.25% Due 6/15/2024
250,000.00 06/10/2021

0.33%
249,423.83
249,800.23

95.06 5.18%
237,656.25
288.46

1.07%
(12,143.98)
Aaa / AA+
AAA

1.04 1.01
91282CCL3 US Treasury Note

0.375% Due 7/15/2024
250,000.00 08/05/2021

0.37%
250,068.36
250,026.10

94.95 5.06%
237,363.25
354.80

1.07%
(12,662.85)
Aaa / AA+
AAA

1.13 1.09
912828D56 US Treasury Note

2.375% Due 8/15/2024
350,000.00 01/27/2023

4.51%
338,966.80
341,357.65

96.95 5.00%
339,335.85
2,434.05

1.54%
(2,021.80)
Aaa / AA+
AAA

1.21 1.16
91282CDB4 US Treasury Note

0.625% Due 10/15/2024
250,000.00 10/14/2021

0.63%
249,980.47
249,991.05

94.42 4.87%
236,054.75
200.65

1.06%
(13,936.30)
Aaa / AA+
AAA

1.38 1.34
91282CDH1 US Treasury Note

0.75% Due 11/15/2024
350,000.00 02/03/2023

4.39%
328,521.48
332,333.25

94.36 4.81%
330,257.90
121.26

1.48%
(2,075.35)
Aaa / AA+
AAA

1.46 1.42
912828Z52 US Treasury Note

1.375% Due 1/31/2025
200,000.00 02/16/2021

0.37%
207,843.75
203,313.50

94.81 4.64%
189,625.00
919.20

0.86%
(13,688.50)
Aaa / AA+
AAA

1.67 1.61
912828ZC7 US Treasury Note

1.125% Due 2/28/2025
250,000.00 02/09/2022

1.59%
246,533.20
248,014.53

94.25 4.58%
235,625.00
710.77

1.06%
(12,389.53)
Aaa / AA+
AAA

1.75 1.69
912828ZF0 US Treasury Note

0.5% Due 3/31/2025
250,000.00 03/17/2021

0.63%
248,671.88
249,397.21

93.01 4.51%
232,529.25
211.75

1.05%
(16,867.96)
Aaa / AA+
AAA

1.84 1.79
912828ZL7 US Treasury Note

0.375% Due 4/30/2025
250,000.00 03/30/2021

0.66%
247,138.67
248,658.57

92.56 4.47%
231,406.25

81.52 1.04%
(17,252.32)
Aaa / AA+
AAA

1.92 1.87
912828ZT0 US Treasury Note

0.25% Due 5/31/2025
250,000.00 10/14/2021

0.78%
245,244.14
247,377.81

92.09 4.42%
230,234.50

1.71 1.03%
(17,143.31)
Aaa / AA+
AAA

2.00 1.95
91282CAB7 US Treasury Note

0.25% Due 7/31/2025
250,000.00 12/02/2021

1.06%
242,753.91
245,709.84

91.66 4.32%
229,160.25
208.91

1.03%
(16,549.59)
Aaa / AA+
AAA

2.17 2.12
Chandler Asset Management - CONFIDENTIAL Page 11 Execution Time: 6/1/2023 8:56:51 PM

Page 43 of 267 ends

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration

US TREASURY
9128285C0 US Treasury Note
3% Due 9/30/2025
250,000.00 05/05/2022

2.99%
250,097.66
250,066.94

97.23 4.26%
243,066.50
1,270.49

1.10%
(7,000.44)
Aaa / AA+
AAA

2.34 2.21
9128285J5 US Treasury Note
3% Due 10/31/2025
250,000.00 06/09/2022

3.05%
249,580.08
249,700.01

97.18 4.24%
242,949.25
652.17

1.09%
(6,750.76)
Aaa / AA+
AAA

2.42 2.29
9128286S4 US Treasury Note

2.375% Due 4/30/2026
350,000.00 01/27/2023

3.84%
334,496.09
336,090.93

95.41 4.06%
333,922.05
722.83

1.50%
(2,168.88)
Aaa / AA+
AAA

2.92 2.77
9128282A7 US Treasury Note

1.5% Due 8/15/2026
350,000.00 01/27/2023

3.83%
323,175.78
325,706.76

92.48 4.02%
323,681.75
1,537.29

1.46%
(2,025.01)
Aaa / AA+
AAA

3.21 3.07
912828U24 US Treasury Note
2% Due 11/15/2026
250,000.00 01/27/2023

3.79%
234,355.47
235,733.54

93.66 3.98%
234,150.50
230.98

1.05%
(1,583.04)
Aaa / AA+
AAA

3.46 3.28
91282CEF4 US Treasury Note

2.5% Due 3/31/2027
250,000.00 10/21/2022

4.40%
231,025.39
233,593.65

94.98 3.92%
237,451.25
1,058.74

1.07%
3,857.60
Aaa / AA+
AAA

3.84 3.59
91282CEW7 US Treasury Note

3.25% Due 6/30/2027
250,000.00 10/13/2022

4.27%
239,277.34
240,689.53

97.57 3.90%
243,935.50
3,411.60

1.11%
3,245.97
Aaa / AA+
AAA

4.08 3.73
91282CFH9 US Treasury Note

3.125% Due 8/31/2027
250,000.00 01/20/2023

3.59%
245,068.36
245,446.81

97.07 3.88%
242,675.75
1,974.35

1.10%
(2,771.06)
Aaa / AA+
AAA

4.25 3.90
Total US Treasury 10,850,000.00 3.50%
10,632,291.84
10,682,011.07 4.75%
10,501,615.66
16,685.02

47.26%
(180,395.41)
Aaa / AAA
AAA

1.22 1.17
TOTAL PORTFOLIO 22,878,326.42 2.90%
22,557,232.48
22,594,747.78 4.89%
22,182,854.05
73,573.60
100.00%
(411,893.73)
Aa1 / AA+
AAA

1.57 1.36
TOTAL MARKET VALUE PLUS ACCRUED 22,256,427.65
Chandler Asset Management - CONFIDENTIAL Page 12 Execution Time: 6/1/2023 8:56:51 PM

Page 44 of 267 ends

Transaction Ledger
As of May 31, 2023
City of Imperial Beach
Account
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/DispYield Amount InterestPur/Sold Total Amount Gain/Loss

ACQUISITIONS
Purchase 05/01/2023 31846V203 1,687.50 First American Govt Obligation Fund Class Y

1.000 4.42% 1,687.50 0.00 1,687.50 0.00
Purchase 05/01/2023 31846V203 2,491.96 First American Govt Obligation Fund Class Y

1.000 4.42% 2,491.96 0.00 2,491.96 0.00
Purchase 05/03/2023 31846V203 10,256.25 First American Govt Obligation Fund Class Y

1.000 4.42% 10,256.25 0.00 10,256.25 0.00
Purchase 05/03/2023 31846V203 250,000.00 First American Govt Obligation Fund Class Y

1.000 4.42% 250,000.00 0.00 250,000.00 0.00
Purchase 05/06/2023 31846V203 312.50 First American Govt Obligation Fund Class Y

1.000 4.42% 312.50 0.00 312.50 0.00
Purchase 05/10/2023 31846V203 3,000.00 First American Govt Obligation Fund Class Y

1.000 4.42% 3,000.00 0.00 3,000.00 0.00
Purchase 05/12/2023 31846V203 225.00 First American Govt Obligation Fund Class Y

1.000 4.42% 225.00 0.00 225.00 0.00
Purchase 05/15/2023 31846V203 4,262.50 First American Govt Obligation Fund Class Y

1.000 4.42% 4,262.50 0.00 4,262.50 0.00
Purchase 05/15/2023 31846V203 23.67 First American Govt Obligation Fund Class Y

1.000 4.42% 23.67 0.00 23.67 0.00
Purchase 05/15/2023 31846V203 310.75 First American Govt Obligation Fund Class Y

1.000 4.42% 310.75 0.00 310.75 0.00
Purchase 05/15/2023 31846V203 292.25 First American Govt Obligation Fund Class Y

1.000 4.42% 292.25 0.00 292.25 0.00
Purchase 05/15/2023 31846V203 96.67 First American Govt Obligation Fund Class Y

1.000 4.42% 96.67 0.00 96.67 0.00
Purchase 05/15/2023 31846V203 18.50 First American Govt Obligation Fund Class Y

1.000 4.42% 18.50 0.00 18.50 0.00
Purchase 05/15/2023 31846V203 166.50 First American Govt Obligation Fund Class Y

1.000 4.42% 166.50 0.00 166.50 0.00
Purchase 05/15/2023 31846V203 369.04 First American Govt Obligation Fund Class Y

1.000 4.42% 369.04 0.00 369.04 0.00
Purchase 05/15/2023 31846V203 2,580.59 First American Govt Obligation Fund Class Y

1.000 4.42% 2,580.59 0.00 2,580.59 0.00
Chandler Asset Management - CONFIDENTIAL Page 13 Execution Time: 6/1/2023 8:56:51 PM

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ACQUISITIONS
Purchase 05/15/2023 31846V203 3,067.87 First American Govt Obligation Fund Class Y

1.000 4.42% 3,067.87 0.00 3,067.87 0.00
Purchase 05/15/2023 31846V203 4,150.35 First American Govt Obligation Fund Class Y

1.000 4.42% 4,150.35 0.00 4,150.35 0.00
Purchase 05/15/2023 31846V203 4,444.66 First American Govt Obligation Fund Class Y

1.000 4.42% 4,444.66 0.00 4,444.66 0.00
Purchase 05/15/2023 31846V203 9,412.76 First American Govt Obligation Fund Class Y

1.000 4.42% 9,412.76 0.00 9,412.76 0.00
Purchase 05/16/2023 31846V203 17.00 First American Govt Obligation Fund Class Y

1.000 4.42% 17.00 0.00 17.00 0.00
Purchase 05/16/2023 31846V203 274.41 First American Govt Obligation Fund Class Y

1.000 4.42% 274.41 0.00 274.41 0.00
Purchase 05/16/2023 31846V203 103.33 First American Govt Obligation Fund Class Y

1.000 4.42% 103.33 0.00 103.33 0.00
Purchase 05/16/2023 31846V203 26.25 First American Govt Obligation Fund Class Y

1.000 4.42% 26.25 0.00 26.25 0.00
Purchase 05/17/2023 3137FBBX3 250,000.00 FHLMC K068 A2

3.244% Due 8/25/2027

97.082 4.00% 242,705.08 360.44 243,065.52 0.00
Purchase 05/17/2023 31846V203 348.75 First American Govt Obligation Fund Class Y

1.000 4.42% 348.75 0.00 348.75 0.00
Purchase 05/18/2023 31846V203 4,730.46 First American Govt Obligation Fund Class Y

1.000 4.42% 4,730.46 0.00 4,730.46 0.00
Purchase 05/22/2023 31846V203 29.33 First American Govt Obligation Fund Class Y

1.000 4.42% 29.33 0.00 29.33 0.00
Purchase 05/22/2023 31846V203 139.50 First American Govt Obligation Fund Class Y

1.000 4.42% 139.50 0.00 139.50 0.00
Purchase 05/22/2023 31846V203 189.00 First American Govt Obligation Fund Class Y

1.000 4.42% 189.00 0.00 189.00 0.00
Purchase 05/22/2023 31846V203 7,644.09 First American Govt Obligation Fund Class Y

1.000 4.42% 7,644.09 0.00 7,644.09 0.00
Purchase 05/22/2023 31846V203 2,741.17 First American Govt Obligation Fund Class Y

1.000 4.42% 2,741.17 0.00 2,741.17 0.00
Chandler Asset Management - CONFIDENTIAL Page 14 Execution Time: 6/1/2023 8:56:51 PM

Page 46 of 267 ends

ACQUISITIONS
Purchase 05/22/2023 31846V203 3,631.04 First American Govt Obligation Fund Class Y

1.000 4.42% 3,631.04 0.00 3,631.04 0.00
Purchase 05/24/2023 31846V203 156.25 First American Govt Obligation Fund Class Y

1.000 4.42% 156.25 0.00 156.25 0.00
Purchase 05/25/2023 31846V203 571.88 First American Govt Obligation Fund Class Y

1.000 4.42% 571.88 0.00 571.88 0.00
Purchase 05/25/2023 31846V203 656.46 First American Govt Obligation Fund Class Y

1.000 4.42% 656.46 0.00 656.46 0.00
Purchase 05/25/2023 31846V203 107.50 First American Govt Obligation Fund Class Y

1.000 4.42% 107.50 0.00 107.50 0.00
Purchase 05/25/2023 31846V203 277.42 First American Govt Obligation Fund Class Y

1.000 4.42% 277.42 0.00 277.42 0.00
Purchase 05/25/2023 31846V203 120.38 First American Govt Obligation Fund Class Y

1.000 4.42% 120.38 0.00 120.38 0.00
Purchase 05/25/2023 31846V203 526.04 First American Govt Obligation Fund Class Y

1.000 4.42% 526.04 0.00 526.04 0.00
Purchase 05/25/2023 31846V203 552.71 First American Govt Obligation Fund Class Y

1.000 4.42% 552.71 0.00 552.71 0.00
Purchase 05/25/2023 31846V203 714.58 First American Govt Obligation Fund Class Y

1.000 4.42% 714.58 0.00 714.58 0.00
Purchase 05/25/2023 31846V203 3,371.33 First American Govt Obligation Fund Class Y

1.000 4.42% 3,371.33 0.00 3,371.33 0.00
Purchase 05/25/2023 31846V203 3,319.48 First American Govt Obligation Fund Class Y

1.000 4.42% 3,319.48 0.00 3,319.48 0.00
Purchase 05/30/2023 3137FETN0 220,000.00 FHLMC K073 A2

3.35% Due 1/25/2028

96.109 4.34% 211,440.63 593.69 212,034.32 0.00
Purchase 05/31/2023 31846V203 312.50 First American Govt Obligation Fund Class Y

1.000 4.66% 312.50 0.00 312.50 0.00
Subtotal 797,730.18 781,875.89 954.13 782,830.02 0.00
TOTAL ACQUISITIONS 797,730.18 781,875.89 954.13 782,830.02 0.00 Chandler Asset Management - CONFIDENTIAL Page 15 Execution Time: 6/1/2023 8:56:51 PM

Page 47 of 267 ends

DISPOSITIONS
Sale 05/17/2023 31846V203 243,065.52 First American Govt Obligation Fund Class Y

1.000 4.42% 243,065.52 0.00 243,065.52 0.00
Sale 05/30/2023 31846V203 212,034.32 First American Govt Obligation Fund Class Y

1.000 4.42% 212,034.32 0.00 212,034.32 0.00
Subtotal 455,099.84 455,099.84 0.00 455,099.84 0.00
Paydown 05/15/2023 02582JJT8 0.00 American Express Credit Trust 2022-2 A

3.39% Due 5/17/2027
100.000 0.00 310.75 310.75 0.00
Paydown 05/15/2023 448977AD0 0.00 Hyundai Auto Receivables Trust 2022-A A3

2.22% Due 10/15/2026
100.000 0.00 166.50 166.50 0.00
Paydown 05/15/2023 44935FAD6 0.00 Hyundai Auto Receivables Trust 2021-C A3

0.74% Due 5/15/2026
100.000 0.00 18.50 18.50 0.00
Paydown 05/15/2023 47787JAC2 0.00 John Deere Owner Trust 2022-A A3

2.32% Due 9/16/2026
100.000 0.00 96.67 96.67 0.00
Paydown 05/15/2023 47788UAC6 2,571.65 John Deere Owner Trust 2021-A A3

0.36% Due 9/15/2025
100.000 2,571.65 8.94 2,580.59 0.00
Paydown 05/15/2023 47789KAC7 3,062.76 John Deere Owner Trust 2020-A A3

1.1% Due 8/15/2024
100.000 3,062.76 5.11 3,067.87 0.00
Paydown 05/15/2023 47789QAC4 4,128.68 John Deere Owner Trust 2021-B A3

0.52% Due 3/16/2026
100.000 4,128.68 21.67 4,150.35 0.00
Paydown 05/15/2023 47800CAC0 0.00 John Deere Owner Trust 2023-A A3

5.01% Due 11/15/2027
100.000 0.00 292.25 292.25 0.00
Paydown 05/15/2023 58768PAC8 0.00 Mercedes-Benz Auto Receivables 2022- 1 A3

5.21% Due 8/16/2027
100.000 0.00 369.04 369.04 0.00
Paydown 05/15/2023 58769KAD6 4,427.92 Mercedes-Benz Auto Lease Trust 2021- B A3

0.4% Due 11/15/2024
100.000 4,427.92 16.74 4,444.66 0.00
Paydown 05/15/2023 89190GAC1 9,381.63 Toyota Auto Receivables Trust 2021-B A3

0.26% Due 11/17/2025
100.000 9,381.63 31.13 9,412.76 0.00
Paydown 05/15/2023 89238JAC9 0.00 Toyota Auto Receivables Trust 2021-D A3

0.71% Due 4/15/2026
100.000 0.00 23.67 23.67 0.00
Paydown 05/16/2023 362554AC1 0.00 GM Financial Securitized Term 2021-4 A3

0.68% Due 9/16/2026
100.000 0.00 17.00 17.00 0.00
Paydown 05/16/2023 362583AD8 0.00 GM Auto Receivable Trust 2023-2 A3

4.47% Due 2/16/2028
100.000 0.00 274.41 274.41 0.00
Chandler Asset Management - CONFIDENTIAL Page 16 Execution Time: 6/1/2023 8:56:51 PM

Page 48 of 267 ends

3.1% Due 2/16/2027
100.000 0.00 103.33 103.33 0.00
Paydown 05/16/2023 380146AC4 0.00 GM Financial Auto Receivables 2022-1 A3

1.26% Due 11/16/2026
100.000 0.00 26.25 26.25 0.00
Paydown 05/18/2023 43815EAC8 4,704.38 Honda Auto Receivables 2021-3 A3

0.41% Due 11/18/2025
100.000 4,704.38 26.08 4,730.46 0.00
Paydown 05/22/2023 36262XAC8 7,621.61 GM Financial Auto Lease Trust 2021-3 A2

0.39% Due 10/21/2024
100.000 7,621.61 22.48 7,644.09 0.00
Paydown 05/22/2023 43813GAC5 2,734.45 Honda Auto Receivables Trust 2021-1 A3

0.27% Due 4/21/2025
100.000 2,734.45 6.72 2,741.17 0.00
Paydown 05/22/2023 43813RAC1 3,619.93 Honda Auto Receivables 2020-1 A3

1.61% Due 4/22/2024
100.000 3,619.93 11.11 3,631.04 0.00
Paydown 05/22/2023 43815GAC3 0.00 Honda Auto Receivables Trust 2021-4 A3

0.88% Due 1/21/2026
100.000 0.00 29.33 29.33 0.00
Paydown 05/22/2023 43815JAC7 0.00 Honda Auto Receivables Owner 2023-1 A3

5.04% Due 4/21/2027
100.000 0.00 189.00 189.00 0.00
Paydown 05/22/2023 92348KAV5 0.00 Verizon Master Trust 2022-5 A1A

3.72% Due 7/20/2027
100.000 0.00 139.50 139.50 0.00
Paydown 05/25/2023 05593AAC3 0.00 BMW Vehicle Lease Trust 2023-1 A3

5.16% Due 11/25/2025
100.000 0.00 107.50 107.50 0.00
Paydown 05/25/2023 05601XAC3 3,334.67 BMW Vehicle Lease Trust 2022-1 A3

1.1% Due 3/25/2025
100.000 3,334.67 36.66 3,371.33 0.00
Paydown 05/25/2023 05602RAD3 0.00 BMW Vehicle Owner Trust 2022-A A3

3.21% Due 8/25/2026
100.000 0.00 120.38 120.38 0.00
Paydown 05/25/2023 09690AAC7 3,312.63 BMW Vehicle Lease Trust 2021-2 A3

0.33% Due 12/26/2024
100.000 3,312.63 6.85 3,319.48 0.00
Paydown 05/25/2023 3137BKRJ1 0.00 FHLMC K047 A2

3.329% Due 5/25/2025
100.000 0.00 277.42 277.42 0.00
Paydown 05/25/2023 3137BMTX4 0.00 FHLMC K052 A2

3.151% Due 11/25/2025
100.000 0.00 656.46 656.46 0.00
Chandler Asset Management - CONFIDENTIAL Page 17 Execution Time: 6/1/2023 8:56:51 PM

Page 49 of 267 ends

2.745% Due 1/25/2026
100.000 0.00 571.88 571.88 0.00
Paydown 05/25/2023 3137BQYS0 0.00 FHLMC K056 A2

2.525% Due 5/25/2026
100.000 0.00 526.04 526.04 0.00
Paydown 05/25/2023 3137BSP72 0.00 FHLMC K058 A2

2.653% Due 8/25/2026
100.000 0.00 552.71 552.71 0.00
Paydown 05/25/2023 3137BVZ82 0.00 FHLMC K063

3.43% Due 1/25/2027
100.000 0.00 714.58 714.58 0.00
Subtotal 48,900.31 48,900.31 5,776.66 54,676.97 0.00
Maturity 05/03/2023 037833AK6 250,000.00 Apple Inc Note

2.4% Due 5/3/2023
100.000 250,000.00 0.00 250,000.00 0.00
Subtotal 250,000.00 250,000.00 0.00 250,000.00 0.00
Security
Withdrawal
05/10/2023 31846V203 1,643.83 First American Govt Obligation Fund Class Y

1.000 1,643.83 0.00 1,643.83 0.00
Security
Withdrawal
05/25/2023 31846V203 104.17 First American Govt Obligation Fund Class Y

1.000 104.17 0.00 104.17 0.00
Subtotal 1,748.00 1,748.00 0.00 1,748.00 0.00
TOTAL DISPOSITIONS 755,748.15 755,748.15 5,776.66 761,524.81 0.00

OTHER TRANSACTIONS
Interest 05/01/2023 78015K7C2 150,000.00 Royal Bank of Canada Note

2.25% Due 11/1/2024

0.000 1,687.50 0.00 1,687.50 0.00
Interest 05/03/2023 00440EAV9 200,000.00 Chubb INA Holdings Inc Callable Note Cont 2/3/2026

3.35% Due 5/3/2026

0.000 3,350.00 0.00 3,350.00 0.00
Interest 05/03/2023 037833AK6 250,000.00 Apple Inc Note

2.4% Due 5/3/2023

0.000 3,000.00 0.00 3,000.00 0.00
Interest 05/03/2023 594918BJ2 250,000.00 Microsoft Callable Note Cont 8/3/2025

3.125% Due 11/3/2025

0.000 3,906.25 0.00 3,906.25 0.00
Interest 05/06/2023 3137EAEZ8 250,000.00 FHLMC Note

0.25% Due 11/6/2023

0.000 312.50 0.00 312.50 0.00
Chandler Asset Management - CONFIDENTIAL Page 18 Execution Time: 6/1/2023 8:56:51 PM

Page 50 of 267 ends

OTHER TRANSACTIONS
Interest 05/10/2023 665859AW4 150,000.00 Northern Trust Company Callable Note Cont 4/10/2027
4% Due 5/10/2027

0.000 3,000.00 0.00 3,000.00 0.00
Interest 05/12/2023 023135BW5 100,000.00 Amazon.com Inc Note

0.45% Due 5/12/2024

0.000 225.00 0.00 225.00 0.00
Interest 05/15/2023 912828U24 250,000.00 US Treasury Note 2% Due 11/15/2026

0.000 2,500.00 0.00 2,500.00 0.00
Interest 05/15/2023 91282CCC3 250,000.00 US Treasury Note

0.25% Due 5/15/2024

0.000 312.50 0.00 312.50 0.00
Interest 05/15/2023 91282CDH1 350,000.00 US Treasury Note

0.75% Due 11/15/2024

0.000 1,312.50 0.00 1,312.50 0.00
Interest 05/15/2023 91324PEB4 50,000.00 United Health Group Inc Callable Note Cont 5/15/2022

0.55% Due 5/15/2024

0.000 137.50 0.00 137.50 0.00
Interest 05/17/2023 14913R2L0 155,000.00 Caterpillar Financial Service Note

0.45% Due 5/17/2024

0.000 348.75 0.00 348.75 0.00
Interest 05/24/2023 459058JM6 125,000.00 Intl. Bank Recon & Development Note

0.25% Due 11/24/2023

0.000 156.25 0.00 156.25 0.00
Interest 05/31/2023 912828ZT0 250,000.00 US Treasury Note

0.25% Due 5/31/2025

0.000 312.50 0.00 312.50 0.00
Subtotal 2,780,000.00 20,561.25 0.00 20,561.25 0.00
Dividend 05/01/2023 31846V203 190,213.44 First American Govt Obligation Fund Class Y

0.000 2,491.96 0.00 2,491.96 0.00
Subtotal 190,213.44 2,491.96 0.00 2,491.96 0.00
TOTAL OTHER TRANSACTIONS 2,970,213.44 23,053.21 0.00 23,053.21 0.00 Chandler Asset Management - CONFIDENTIAL Page 19 Execution Time: 6/1/2023 8:56:51 PM

Page 51 of 267 ends

Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
June 01, 2023
LAIF Home
PMIA Average
Monthly Yields

CITY OF IMPERIAL BEACH

CITY TREASURER
825 IMPERIAL BEACH BLVD
IMPERIAL BEACH, CA 91932
Account Number:

May 2023 Statement
Tran Type Definitions
Effective
Date
Transaction
Date
Tran
Type Confirm
Number
Web
Confirm
Number Authorized Caller Amount
5/4/2023 5/2/2023 RW 1729013 1689384 JOANN M. GITMED -250,000.00 5/4/2023 5/4/2023 RW 1729130 1689500 JOANN M. GITMED -1,000,000.00 5/11/2023 5/11/2023 RW 1729371 1689723 LILY FLYTE -500,000.00 5/31/2023 5/30/2023 RD 1730003 1690371 JOANN M. GITMED 2,000,000.00 Account Summary
Total Deposit: 2,000,000.00 Beginning Balance: 12,410,703.17 Total Withdrawal: -1,750,000.00 Ending Balance: 12,660,703.17 ATTACHMENT 3

Page 52 of 267 ends

P a g e | 1
June 21, 2023
ITEM TITLE: RESOLUTION 2023-52 CONTINUING THE PROCLAMATION OF A STATE OF

LOCAL EMERGENCY RELATING TO IMPACTS FROM CROSS-BORDER POLLUTION IN THE TIJUANA RIVER. (0150-40 & 0210-26)
ORIGINATING DEPARTMENT:

Environmental & Natural Resources
EXECUTIVE SUMMARY:

This resolution maintains the City's declaration of a local state of emergency caused by the effects of cross-border pollution originating from the Tijuana River, including both treated and untreated wastewater. Due to contaminated flows in the river, the stretch of Imperial Beach shoreline between the southern end of Seacoast Drive and the border remains severely impacted, with closures lasting 365 days in 2022, 246 days in 2021, 295 days in 2020, 245 days in 2019, and 101 days in 2018. The persistent impacts of these flows continue to affect the Tijuana River valley, Estuary, and beach water quality.

The City requires a local state of emergency to enable it to respond to the unpredictable conditions in the Tijuana River, which pose risks to the health, safety, and welfare of Imperial Beach residents, visitors, and the environment. Unless a continuing resolution is passed, declarations of a state of local emergency will expire within 60 days.

RECOMMENDATION:

OPTIONS:
 Adopt Resolution and recommendation from staff;
 Reject Resolution; or
 Request additional information and an additional report.

BACKGROUND/ANALYSIS:

The presence of cross-border pollution in the Tijuana River, combined with the lack of action from federal and state agencies to address this issue, constitutes compelling evidence for the declaration of a local state of emergency within the City. The pollution in the river poses a serious

Page 53 of 267 ends

P a g e | 2
threat to the health and safety of citizens and wildlife in the City of Imperial Beach, with particularly acute effects during and after rain events or illegal discharge events. This pollution has a severe impact on the surrounding ecosystem, leading to poor water quality that can persist for days or even months. Furthermore, the pollution has a significant impact on recreational activities along the Imperial Beach shoreline, with beach closures causing disruption to residents and visitors alike.

Given these circumstances, both the City of Imperial Beach and City of San Diego have maintained a state of emergency resolutions for the Tijuana River, which allows for flexible responses to changing conditions. The City Council has the authority to issue a local state of emergency, which would last for 60 days or until the next regularly scheduled City Council meeting unless renewed by a continuing resolution. This declaration would enable the City to take swift and effective action to protect the health, safety, and welfare of all those affected by the pollution in the Tijuana River.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

None
ATTACHMENTS:

ATT 1 - Resolution No. 2023-52

Page 54 of 267 ends

ATTACHMENT 1
RESOLUTION NO. 2023-52

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA,

CONTINUING THE PROCLAMATION OF A STATE OF LOCAL EMERGENCY RELATING TO

IMPACTS FROM CROSS-BORDER POLLUTION IN THE TIJUANA RIVER WHEREAS, Government Code Section 8630 and Imperial Beach Municipal Code (IBMC) Section 2.52.060 empower the City Manager, acting as the Director of Emergency Services, to request that the City Council proclaim the existence of a local emergency when the City is affected by a public calamity; and
WHEREAS, the City Manager, as Director of Emergency Services of the City of Imperial Beach, does hereby find that continued conditions of extreme peril to safety of persons, property, and environment have arisen within said City, caused by persistent impacts from cross-border pollution in the Tijuana River; and
WHEREAS, the persistent impact of cross-border flows of treated and untreated wastewater in the Tijuana River, excessive discharge of sediment into the Tijuana Estuary during storm events, and the continued impact of trash and waste tires in the Tijuana River Valley maintains a condition of extreme peril in the City; and WHEREAS, transboundary flow events in the Tijuana River impacts water quality along the Imperial Beach shoreline and result in significant beach closure days at Border Field State Park, which include 101 days in 2018; 243 days in 2019; 295 days in 2020, 246 days in 2021, and 365 days in 2022; and
WHEREAS, transboundary flows of pollution include untreated sewage, trash, sediment, hazardous chemicals, heavy metals, and toxins continue to impact the Tijuana River, Estuary, coastal waters of the Pacific Ocean, and tributary canyons including Stewart’s Drain, Canon del Sol, Silva Drain, Smuggler’s Gulch, Goat Canyon, and Yogurt Canyon; and WHEREAS, the presence of pollution is creating unsafe conditions for residents and visitors who live, work, or recreate in the Tijuana River Valley and may come in contact with contaminated water; and
WHEREAS, pursuant to Section 8558(c) of the California Government Code, the pollution in the Tijuana River is beyond the control of the services, personnel, equipment and facilities of the City of Imperial Beach; and
WHEREAS, pollutants in the Tijuana River are causing contamination of the Tijuana River Valley, Tijuana Estuary, and the water and beaches of the City of Imperial Beach threatening the health, safety, and welfare of the citizens of Imperial Beach as well as visitors to our beaches; and
WHEREAS, the flow of the contaminants and untreated wastewater continues to escalate due to inadequate wastewater infrastructure in the city of Tijuana and lack of sufficient operation and maintenance of existing infrastructure; and
WHEREAS, this flow is the acknowledged responsibility of the federal governments of the United States and Mexico; and

Page 55 of 267 ends

Resolution No. 2023-52

Page 2 of 3 ends

WHEREAS, researchers at the Scripps Institute of Oceanography are studying the relationship of nearshore ocean currents and aerosolized transmission of contaminates as potential public health concerns for communities impacted by Tijuana River pollution; and WHEREAS, this condition constitutes an economic and public health threat which warrants and necessitates the proclamation and existence of a local emergency; and WHEREAS, after decades of sewage spills polluting the Tijuana River and after decades of talk and no meaningful action by federal agencies, the City of Imperial Beach, Port of San Diego, and City of Chula Vista filed a lawsuit on March 2, 2018 against the International Boundary and Water Commission for violation of the Clean Water Act which helped secure additional federal funding and commitments to the river valley; and
WHEREAS, the renewed federal attention from the Environmental Protection Agency and International Boundary and Water Commission led to a careful assessment of project options to manage pollution and ultimately a recommendation to support “Alternative 2” in the USMCA Programmatic Environmental Impact Statement, which represents the preferred Tijuana River Comprehensive Solution that is supported by the City; and WHEREAS, additional funding and commitments are needed to completely implement the preferred Comprehensive Solution for the Tijuana River; and WHEREAS, the City of San Diego has maintained a continuous local state of emergency for the Tijuana River since September 1993; and
WHEREAS, the County of San Diego issued a Public Health Emergency order for the Tijuana River in February 2021 but stopped short of issuing a local state of emergency that is consistent with the other jurisdictions in the watershed.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach as follows:

1. The above recitals are true and correct.

2. A local emergency exists throughout the City of Imperial Beach.

3. The City Manager, Mayor, and Council members are authorized to work with local, State, Federal, and Mexican authorities and to explore any and all options to improve conditions in the Tijuana River.

4. The City Manager, Mayor, and Council members encourage the County of San Diego to upgrade their Public Health Emergency to a local state of emergency for the Tijuana River.

5. This proclamation of a local emergency shall expire within the timeframes prescribed by State law unless renewed by the City Council.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 21st day of June 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Page 56 of 267 ends

Resolution No. 2023-52

Page 3 of 3 ends

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

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June 21, 2023
ITEM TITLE: SECOND READING AND ADOPTION OF ORDINANCE 2023-1228 AMENDING CHAPTER 1.12, CHAPTER 1.16, AND CHAPTER 1.22 OF THE IMPERIAL BEACH

MUNICIPAL CODE RELATED TO CODE ENFORCEMENT, ADMINISTRATIVE CITATIONS, AND NUISANCE ABATEMENT. (0470-95)
ORIGINATING DEPARTMENT:

Community Development
EXECUTIVE SUMMARY:

At the Regular City Council Meeting held on April 5, 2023, the City Council requested that staff review more efficient and effective methods to abate nuisances within the City.

This ordinance adds to and amends Chapters 1.12, 1.16 and 1.22 of the Imperial Beach Municipal Code providing additional code compliance tools and allowing nuisances to be abated administratively without having to obtain approval from the City Council. Specifically, Chapter

1.12 has been updated for consistency with Government Code 36900 allowing increased fines for short-term rental violations when considered an infraction, Chapter 1.16 has been completely revised to allow nuisances to be abated administratively by City Staff instead of needing to obtain Council approval prior to commencing abatement proceedings, and Chapter 1.22 has been amended to include cost recovery provisions for violations and added the ability for notices of violation to be recorded against a property.

On June 7, 2023 the City Council had the first reading and introduction of Ordinance No. 2023- 1228, which would add to and amend IBMC Chapter Chapters 1.12, 1.16 and 1.22 to add additional code compliance tools and allow nuisances to be abated administratively without having to obtain approval from the City Council. 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. 2023-1228 amending Chapters 1.12, 1.16 and 1.22 of the Imperial Beach Municipal Code.

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.

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BACKGROUND/ANALYSIS:

At the request of the City Council, City Staff reviewed Chapter 1 of the Imperial Beach Municipal Code to determine what additions or amendments could be made to allow code compliance officers to respond more effectively to nuisances and provide better enforcement tools.

Senate Bill 60 (2021), amended Government Code 36900(d) raising the maximum fines for violations of a short-term rental ordinance that are considered an infraction and pose a threat to health and safety, to $1,500 for a first violation, $3,000 for a second violation within one year, and $5,000 for each additional violation within one year. Chapter 1.12 of the Imperial Beach Municipal Code has been amended to include this language as well as the required option for a hardship waiver to be requested and granted by the City should the responsible person have made a bona fide effort to comply after the first violation.

To allow nuisances to be abated administratively and negate the need for the City Council to declare a nuisance, Chapter 1.16 of the Imperial Beach Municipal Code has been replaced in its entirety. The revisions specify that the owner, lessee, occupant, or person having charge of a property in the City is required to maintain the property so that it does not violate the Municipal Code or other applicable laws. Should a City enforcement officer find that a nuisance exists per section 1.16.030, the revisions to this Chapter would allow the enforcement officer to issue a notice to the person having charge of the property directing them to abate the violation(s) within a specified period of time. Should the person having charge of the property not abate the nuisance within the time provided in the notice, the City will serve a notice of intent to abate the nuisance. Providing the notice of intent to abate the nuisance has been properly served, included the required information, and a hearing has not been requested, the City or private contractors are authorized to abate the nuisance. The City and/or private contractors are required to account for all abatement costs and render an itemized report or invoice to the Community Development Director. The invoice of the abatement costs must be sent to the property owner in the manner detailed in 1.16.080 and inform them of their option to request an administrative hearing on the costs detailed in the invoice. Should the property owner request a hearing and be aggrieved by the decision of the hearing officer, section 1.16.190 allows the property owner to appeal to the City Council no later than two days after the date of the hearing. The City Council, by resolution, may affirm, reverse or modify the final determination, assessment or order of the hearing officer.

Section 1.16.200 allows for summary abatement when it has been determined by the City Manager that an imminent life safety hazard exists that requires immediate correction or elimination, without prior notice.

1.22.030(G) has been added to allow the City to collect all costs associated with the investigation and remediation of all violations of the municipal code, conditions of approval or entitlement, conditions of an environmental review, or any term or condition of any City agreement. This will allow City staff, when necessary, to utilize another enforcement tool other than citations to achieve compliance.

Finally, section 1.22.165 has been amended to provide procedures for recording notices of violations against a property. When a violation has remained uncorrected for a period of at least 30 days, these amendments will allow City staff to record a notice of violation on the property providing the owner or responsible person has been properly noticed and offered a hearing before a Hearing Officer. A notice of compliance will be recorded once all violations have been corrected

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and any outstanding fines, penalties and costs have been paid, effectively removing the recorded notice of violation.

The attached draft ordinance includes the proposed revisions of the IBMC as outlined above. On June 7, 2023 the City Council had the first reading and introduction of Ordinance No. 2023-1228, which would add to and amend IBMC Chapters 1.12, 1.16 and 1.22 to add additional code compliance tools and allow nuisances to be abated administratively without having to obtain approval from the City Council. This, therefore, will be the Second and Final Reading of this ordinance.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

There is no anticipated fiscal impact to the city, conforming existing development or currently permitted projects conforming to current code.

ATTACHMENTS:

ATT 1 – Ord. 2023-1228 Adding and Amending IBMC Chapters ATT 2 – Exhibit A Additions and Amendments to IBMC Chapter 1.12 ATT 3 – Exhibit B Additions and Amendments to IBMC Chapter 1.16 ATT 4 – Exhibit C Additions and Amendments to IBMC Chapter 1.22

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Attachment 1
ORDINANCE NO. 2023-1228

AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING CHAPTER 1.12, CHAPTER 1.16, AND CHAPTER 1.22 OF

THE IMPERIAL BEACH MUNICIPAL CODE RELATED TO CODE ENFORCEMENT,

ADMINISTRATIVE CITATIONS, AND NUISANCE ABATEMENT
WHEREAS, the City of Imperial Beach has authority to enact laws that protect the public health, safety, and general welfare of its residents pursuant to the police power delegated to it by the California Constitution; and
WHEREAS, the City of Imperial Beach has conducted a review of certain provisions of the Imperial Beach Municipal Code and determined certain revisions are necessary to update existing codes to reflect changes made in the California Government Code and to clarify certain provisions related to code compliance.

NOW, THEREFORE, the City Council of the City of Imperial Beach does ordain as follows:

Section 1. The above-listed findings are true and correct and incorporated herein as findings.

Section 2. Section 1.12.010 of the Imperial Beach Municipal Code is hereby amended to read as shown in Exhibit A to this Ordinance (underlined text is the new text and strikethrough reflects deleted text).

Section 3. Current Chapter 1.16 of the Imperial Beach Municipal Code is deleted in its entirety and will be replaced to read as shown in Exhibit B to this Ordinance (underlined text is the new text and strikethrough reflects deleted text).

Section 4. Section 1.22.030 of Chapter 1.22 of the Imperial Beach Municipal Code is hereby amended to read as shown in Exhibit C to this Ordinance (underlined text is the new text and strikethrough reflects deleted text), and a new Section 1.22.165 is hereby added to Chapter 1.22 to read as shown in Exhibit C to this Ordinance (underlined text is the new text).

Section 5. 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 thereof, irrespective of the fact that any one ore more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

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Attachment 1
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 the provisions of Government Code section 36933.

INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Imperial Beach, California, held on the 7
th day of June 2023, and thereafter
PASSED AND ADOPTED at the regular meeting of the City Council of the City of Imperial Beach, California, held on the 21st day of June 2023 by the following vote:

AYES: COUNCILMEMBERS: BRAGG, M
NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS: NONE

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MCM

CITY CLERK
APPROVED AS TO FORM:
_____________________________
JENNIFER M. LYON, CITY ATTORNEY

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Attachment 2
EXHIBIT “A”

1.12.010 Designated violations—Misdemeanors and infractions.

A. It is unlawful for any person to violate a provision of this code, to advertise an activity that violates a provision of this code, or to fail to comply with a requirement of this code.

Violating a provision of this code, advertising an activity that violates a provision of this code, or failing to comply with a mandatory requirement of this code is a misdemeanor.

Notwithstanding any other provision of this code, a violation that is a misdemeanor may, in the discretion of the attorney having prosecutorial functions, be charged and prosecuted as an infraction. Notwithstanding any other provision of this code, a violation of a provision relating to parking, operation of bicycles, operation of motor vehicles, or the use of freeways, highways and streets by animals, bicycles, motor vehicles or pedestrians is an infraction.

B. Any person convicted of a misdemeanor under the provisions of this code, unless provision is otherwise made in this code, is punishable by a fine of not more than $1,000.00, or by imprisonment in the County Jail for a period of not more than six months, or by both fine and imprisonment.

C. Any person convicted of an infraction under the provisions of this code, unless provision is otherwise made in this code, is punishable by fine only as follows:

1. A fine not exceeding $100.00 for a first violation;

2. A fine not exceeding $200.00 for a second violation of the same ordinance within one year;

3. A fine not exceeding $500.00 for each additional violation of the same ordinance within one year.

4. A person may request a hardship waiver under Government Code section 36900(e) which, if granted, may reduce the amount of the fine issued pursuant to Section 1.12.010 C.2. or C.3. above upon a showing by the responsible person that the responsible person has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible person.

D. Any infraction violation of the City’s regulations concerning short-term rentals, as defined by Section 19.04.692, which poses a threat to public health or safety, is punishable by the following:

1. A fine not exceeding $1,500.00 for a first violation.

2. A fine not exceeding $3,000.00 for a second violation for the same ordinance within one year.

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3. A fine not exceeding $5,000.00 for each additional violation of the same ordinance within one year of the first violation.

4. The fines described herein shall not apply to a first time offense of failure to register or pay a business license fee for short term rentals.

5. A person may request a hardship waiver under Government Code section 36900(e) for which, if granted, may reduce the amount of the fine upon a showing by the responsible person that the responsible person has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible person.

E. Any violation of local building and safety codes determined to be an infraction is punishable by the following:

1. A fine not exceeding one hundred thirty dollars ($130) for a first violation.

2. A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.

3. (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.

4. A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.

5. A person may request a hardship waiver under Government Code section 36900(e) which, if granted, may reduce the amount of the fine issued pursuant to Section 1.12.010 E.2. or E.3. above upon a showing by the responsible person that the responsible person has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible person.

D.F. Each such person shall be charged with a separate offense for each and every day during any portion of which a violation of any provision of this code is committed, continued or permitted by such person, and shall, upon conviction, be punished accordingly.

EG. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance, and may be summarily abated as such by this City; and each day that such condition continues shall be regarded as a new and separate offense.

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Attachment 2
FH. A violation of this code may be subject to an administrative citation issued under Chapter 1.22 of this code.

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Attachment 3
EXHIBIT “B”
Chapter 1.16 NUISANCE ABATEMENT

1.16.010 Intent of chapter.

1.16.015 Definitions.

1.16.020 Responsibilities for property maintenance.

1.16.030 Classification of nuisances.

1.16.040 Declaration of nuisance—Notice—Service of notice.

1.16.050 Voluntary abatement of nuisances.

1.16.060 Failure to voluntarily abate a declared nuisance—Notice of intent to abate.

1.16.070 Notice of intention to abate public nuisance—Contents.

1.16.080 Service of notices and order to abate.

1.16.090 Authority to enter upon land.

1.16.100 Right to appeal.

1.16.110 Decision of the hearing officer.

1.16.120 Service of the abatement order.

1.16.130 Abatement by property owner.

1.16.140 Abatement by the City.

1.16.150 Record of cost for abatement—Invoice.

1.16.160 Invoice—Hearing and proceedings.

1.16.170 Assessment of costs against property.

1.16.180 Violations.

1.16.190 Grievance with final order—Appeal to City Council.

1.16.200 Summary abatement.

1.16.210 Limitation on filing judicial action.

1.16.220 Alternatives.

1.16.230 Confirmation of costs.

1.16.240 Recovery as a lien.

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1.16.250 Recovery as a special assessment.

1.16.260 Release of lien.

1.16.010 Intent of chapter.

This chapter is not intended to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, or with private restrictions placed upon property by covenant, deed, or other private agreement or with restrictive covenants running with the land to which the City is a party. However, where this chapter imposes a greater restriction upon property or structures than is imposed or required by existing provisions of law, ordinance, contract or deed, the provisions of this chapter control. The purpose of this chapter is to provide minimum standards for the maintenance of property in the City and to allow for abatement of nuisances on property through means other than criminal prosecution. At the direction of authorized personnel and pursuant to a written agreement, the City may use the services of an independent contractor to implement the provisions of this chapter.

1.16.015 Definitions.

When used in this chapter, the following definitions apply unless the context or more specific definition indicates otherwise:
“Enforcement officer” means any City employee or agent of the City, any officer or employee of the City with the authority to enforce the Imperial Beach Municipal Code, including, but not limited to, a code enforcement officer, lifeguard, parking enforcement officer, inspector, and the fire marshal, which has the authority and responsibility to enforce provisions of this code.
“Sidewalk” means that portion of a street between the curb-line and the adjacent property line intended for the use of pedestrians and may be contiguous or noncontiguous to the curb.
“Street” includes all streets, highways, avenues, parkways, lanes, alleys, courts, places, squares, curbs, or other public ways in this City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State.

1.16.020 Responsibilities for property maintenance.

A. Every owner, lessee, occupant, or person having charge of property within the City is required to maintain such property in a manner so as not to violate the provisions of this code or any law, including obtaining all required permits or approvals from governmental agencies, and such owner, lessee, occupant, or person having charge of property remains liable for violations regardless of any contract or agreement with any

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Attachment 3
third party regarding such property. The duty imposed by this section on a property owner in no instance relieves those persons from the similar duty.

B. All parcels must be mowed and/or cleared a distance of 100 feet from any structure or adjacent structure if the parcel is unimproved and up to 50 feet along each side of established regularly traveled roadways or driveways. Clearance of property must be accomplished by methods that will not disturb native soil or root stock. The required width is at the discretion of the Fire Chief or designee.

C. Any condition caused, maintained or permitted to exist in violation of any provisions of this code or applicable State Codes that constitutes a public nuisance may be abated by the City pursuant to the procedures set forth in this chapter.

1.16.030 Classification of nuisances.

The following acts and conditions when performed or existing upon any property within the City are hereby declared to be unlawful and are defined as and declared to be public nuisances which are injurious or potentially injurious to the public health, safety and welfare and which have a tendency to degrade the appearance and property values of surrounding property or which cause damage to public rights-of-way:

A. Any condition of any structure or building, both permanent and temporary, or other lot improvements, or vacant or unimproved land that is caused, maintained or permitted to exist in violation of any provisions of this code or applicable State Codes which constitutes a public nuisance, including, but not limited to, the following:

1. Actions or conditions of property which threaten the public health, safety or welfare as determined by the City Manager or designee or which create a violation of any provision of this code;

2. Buildings or structures which are built without the necessary permits or which are constructed or erected in violation of the provisions of Titles 15 and 19 of this code;

3. Buildings or structures which do not comply with the terms of a development permit, including landscaping requirements;

4. Grading which does not comply with Title 15 of this code;

5. Buildings that are abandoned, partially destroyed, or unreasonably permitted to remain in a state of partial construction;

6. Buildings, walls, and other structures that have been damaged by fire, decay, or otherwise to such an extent that they cannot be repaired to conform with the requirements of the building code; and

7. Buildings with a major portion unpainted or infested with dry rot or termites.

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B. Any condition of any structure or building, both permanent and temporary, or other lot improvements, or vacant or unimproved land which does not comply with the terms of a development permit, including landscaping requirements.

C. All weeds or dry grasses over four inches in height, dead shrubs, dead trees or tree limbs within 10 feet of a chimney, rubbish, or any material growing or discarded upon the streets, parking areas, sidewalks, or upon private property within the City which bear seeds of a wingy or downy nature or which by reason of their size, manner of growth and location constitute a fire hazard to any building, improvement, crops or other property, and weeds or grasses which, when dry, will in reasonable probability constitute such a fire hazard are hereby declared to be a public nuisance. Cultivated and useful grasses and pastures are not a public nuisance; provided, however, that if the Fire Chief determines it necessary to protect adjacent improved property from fire exposure, an adequate fire break may be required.

D. Overgrown vegetation that is likely to harbor rats, vermin, or other nuisances or to be detrimental to nearby property or property values;
E. Dead, decayed, diseased, or hazardous trees, weeds, or other vegetation that is unsightly, dangerous to public safety or welfare, detrimental to nearby property or property values, or reasonably deemed to be a fire hazard; F. Faulty weather protection, including, but not limited to, crumbling, cracked, missing, broken, or loose exterior plaster or other siding, roofs, foundations or floors broken or missing windows or doors, or unpainted surfaces causing dry rot, warping, or termite infestation.

G. Fences or walls which are in a hazardous condition, or which are in disrepair, or which hinder free access to public sidewalks.

H. Vehicles, motor vehicles, campers, camper trailers, trailers, unmounted campers, trailer coaches, motorcycles, boats, and other similar conveyances stored on unpaved surfaces.

I. Storage or scattering over the property of any of the following:

1. Debris, rubbish, or trash not stored in trash receptacles;

2. Abandoned, discarded, broken, wrecked, inoperable or discarded household furnishings, appliances, machines, vehicles, tools, or similar objects or equipment;

3. Discarded building materials or machinery;

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4. Any rubble, asphalt, concrete, plaster, tile, rubbish, crate, carton, or metal or glass container that, by reason of its location and character materially hampers or interferes with the prevention or suspension or suppression of fire on any lot, property or premises.

J. Signs which are a traffic hazard.

K. Unpaved or deteriorated parking lots containing uneven surfaces, drainage problems or that are hazardous to the public.

L. Continuing to use a property after a temporary use permit for that use expires.

M. Features installed or constructed to provide disabled access in conjunction with the requirements of a building permit issued by the City which are not maintained in such a manner as to continue to provide proper access to persons with disabilities and therefore have become hazardous to persons with disabilities and others. This does not include enforcement of the requirements of the Americans with Disabilities Act (ADA) which are not the enforcement responsibility of the local jurisdiction.

N. Maintenance of premises in such conditions as to be detrimental to the public health, safety, or general welfare or in such manner as to constitute a public nuisance as defined by Section 3480 of the California Civil Code.

O. Graffiti on private or public property creates a condition tending to reduce the value of private or public property, to promote blight and deterioration, to reflect badly on the community, and may be injurious to health, safety and general welfare. Furthermore, graffiti has been used as a forum for gang-related activities and can lead to an increase in crime in the City. Therefore, the presence of graffiti on private or public property is declared to constitute a public nuisance which may be abated as such in accordance with provisions of this chapter, or any other applicable provision of law.

P. The feeding of pigeons and seagulls not maintained within a primary enclosure or maintenance of premises in violation of Title 19.

Q. Failure to maintain the required off-street parking required by Chapter 19.48 of this code.

R. Any place where mosquitoes breed.

S. Attractive nuisances that are dangerous to children, including, but not limited to, abandoned and broken equipment, ice boxes, refrigerators, and unprotected or hazardous pools, ponds, and excavations.

1.16.040 Declaration of nuisance—Notice—Service of notice.

A. Whenever the enforcement officer, finds that a nuisance exists in accordance with this code on any premises located within the City, he or she may cause, including through the use of a third party contractor, a notice to be issued to the property owner,

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Attachment 3
lessee or occupant of the property on which the nuisance is located of the nuisance and direct that the nuisance be abated.

B. This notice may be sent by first class mail, postage prepaid and need not be served in accordance with Section 1.16.080. The notification must detail the violations and establish a reasonable abatement period which is not less than 10 days.

1.16.050 Voluntary abatement of nuisances.

The owner, lessee or occupant of any building, structure or property alleged to be a nuisance under the provisions of this chapter may abate the nuisance at any time within the abatement period provided in Section 1.16.040 of this chapter by rehabilitation, repair, removal, or demolition. The owner, lessee, or occupant must advise the enforcement officer upon completion. Once advised, the enforcement officer must inspect, or cause to be inspected, the premises to insure that the nuisance has been abated.

1.16.060 Failure to voluntarily abate a declared nuisance—Notice of intent to abate.

If an alleged nuisance is not properly abated within the period established under the provisions of Sections 1.16.040 and 1.16.050, the property owner, lessee or occupant may be served with a written notice of intention to abate the nuisance in accordance with Sections 1.16.070 and 1.16.080 of this chapter by the enforcement officer.

1.16.070 Notice of intention to abate public nuisance—Contents.

The notice of intention to abate public nuisance described in Section 1.16.060 of this chapter must provide all of the following:

A. A description of the property in general terms reasonably sufficient to identify the location of the property;
B. A reference to the applicable code or statutory provision rendering the property a public nuisance;
C. Describe and demand the action required to abate the public nuisance, which may include corrections, repairs, demolition, removal, obtaining the necessary permits, vacation of tenants or other appropriate action;
D. Establish time frames by which each action must occur, which will not be less than 10 days;
E. Explain the consequences of failing to comply with the terms of the notice; F. In the event the notice of intention to abate requires removal of graffiti, notice that if the property owner, within 10 days after mailing of the notice, provides the City with a written consent to remove the graffiti, the City will remove the graffiti at no cost to the property owner, and that if the property owner does not provide the City with written

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Attachment 3
consent to remove the graffiti, and the graffiti has not been removed within the 10-day period, the City may commence nuisance abatement proceedings in accordance with this title; and
G. Identify all applicable hearing and appeal rights as set forth in Section 1.16.100.

1.16.080 Service of notices and order to abate.

Service of notice of intent to abate must be made in accordance with the following methods:

A. By posting at a conspicuous place on the lot, property or premises or abutting public right-of-way for five consecutive days. Service is deemed complete on the day after the fifth day after posting; and
B. By either of the following:

1. Personal service on the owner, occupant or person in charge or control of the lot, property or premises. Service is complete upon such personal service; or

2. Registered mail addressed to the owner or person in charge and control of the lot, property or premises, at the address shown on the last available property assessment roll, or as otherwise known. Service is deemed complete upon the deposit of said notice, postage prepaid, in the United States mail.

1.16.090 Authority to enter upon land.

The enforcement officer may enter upon the land for posting or serving notice.

1.16.100 Right to appeal.

A. The responsible person may appeal the notice of intent to abate issued under Section 1.16.060 and request a hearing in accordance with the procedures set forth in Section 1.18.040; provided however, that the written request for a hearing must be filed with the Office of the City Clerk within 10 calendar days after the date of service of the notice of intent to abate. The City Clerk must then forward the hearing request to the hearing officer. No payment for a hearing shall be required for a hearing requested pursuant to this Chapter by the responsible person.

B. Upon receiving a written request for a hearing on a notice of intent to abate, the hearing officer must follow the procedures set forth in Section 1.18.040 and hear any objections as to why abatement should not be ordered and effected.

C. In the event a responsible person files an appeal pursuant to this section, abatement may not proceed until the administrative appeal process is complete, unless the City Manager concludes that an imminent threat to the public’s health and safety exists and justifies summary abatement pursuant to Government Code Section 38773 and Section 1.16.200.

1.16.110 Decision of the hearing officer.

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A. In the case of all nuisance abatement proceedings, if the hearing officer determines that a public nuisance exists and that there is sufficient cause to abate the nuisance, the City may abate the public nuisance pursuant to the procedures of this chapter if no appeal has been filed within the time specified for an appeal to the City Council in accordance with Section 1.16.190. “Sufficient cause” for purposes of graffiti abatement on private property exists where the Community Development Director finds, in writing, that the graffiti tends to reduce the value of private property, to promote blight and deterioration and be injurious to the health, safety and general welfare, and that proposed abatement costs are reasonable. The decision of the hearing officer is final unless an appeal is filed in accordance with Section 1.16.190.

B. In the event a responsible person files an appeal to City Council pursuant to this section, abatement may not proceed until the appeal is complete, unless the City Manager concludes that an imminent threat to the public’s health and safety exists and justifies summary abatement pursuant to Government Code Section 38773 and Section

1.16.200.

1.16.120 Service of the abatement order.

Within five days after issuance of the hearing officer’s decision pursuant to Section 1.16.110, the property owner, lessee, occupant or the person having charge or control of the property must be served with a copy of the written order in the manner provided in Section 1.16.080. Failure to serve the decision does not affect the validity of the decision or actions taken in reliance thereon.

1.16.130 Abatement by property owner.

The property owner, lessee, occupant, or person having care or control of the property may, at his or her own expense, abate the nuisance as prescribed by the enforcement officer or hearing officer at any time prior to abatement by the City. If the nuisance has been inspected by a representative of the City and has been abated in accordance with the requirements, proceedings will be terminated.

1.16.140 Abatement by the City.

If a declared nuisance is not completely abated by the owner, lessee, occupant, or person having charge or control of the property within the time prescribed by the enforcement officer or hearing officer, the enforcement officer, or any designated City official, is authorized and directed to cause the nuisance to be abated by City forces or private contract in accordance with applicable laws. The City Manager is authorized to pursue any administrative or judicial remedy to abate the public nuisance.

1.16.150 Record of cost for abatement—Invoice.

A. The enforcement officer or such other City official or private contractor as may be designated, must keep an account of the costs of abating a nuisance on each separate lot or parcel of land where the work is done and render an itemized report, in writing, to

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the Community Development Director, showing the cost of abatement and the rehabilitation, demolition or repair of the premises, building or structures, less any salvage value relating thereto. The costs must include the City’s administrative costs, which may be 25% of the other costs and which include the expense and costs of the City in preparing notices, specifications and contracts, in inspecting the work, legal fees, and other related costs required hereunder.

B. The Community Development Director, enforcement officer, or such other City official or private contractor as may be designated, must send an invoice for the costs of abating the nuisance to the owner of the property where the abatement activity occurred. Service of the invoice must be made in a manner provided in Section 1.16.080.

1.16.160 Invoice—Hearing and proceedings.

A property owner who receives an invoice for the abatement of a nuisance may request an administrative hearing on the costs set forth in the invoice in accordance with the procedures set forth in Section 1.16.190 by filing an appeal with the City Clerk within 10 days after receiving the invoice.

1.16.170 Assessment of costs against property.

When the total cost for abating a nuisance is received by the Finance Department of the City, the City may collect the cost as a special assessment pursuant to Section 1.16.250 or a lien pursuant to Section 1.16.240 against the respective lot or parcel of land to which it relates.

1.16.180 Violations.

A. Any owner, lessee, occupant, or other person having charge or control of any such buildings, or premises, who maintains any public nuisance defined in this chapter, and who fails to comply with the order of abatement served as provided in Section 1.16.080 of this chapter violates this code and is guilty of a misdemeanor.

B. Any person who removes any notice or order posted as required in this chapter, for the purposes of interfering with the enforcement of the provisions of this chapter, violates this code and is guilty of a misdemeanor.

C. Any person who obstructs, impedes or interferes with any representative of the City or with any person who owns, leases or occupies property when any of the aforementioned individuals are lawfully engaged in proceedings involving the abatement of a nuisance under this chapter violates this code and is guilty of a misdemeanor.

1.16.190 Grievance with final order—Appeal to City Council.

A. Whenever any person is aggrieved by any final order of the hearing officer issued pursuant to Section 1.16.110 or with an invoice for abatement received from the City pursuant to Section 1.16.150, such person may appeal to the City Council the issuance

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of the order by filing a written notice of appeal with the City Clerk no later than two days after the date of the hearing under Section 1.16.110 and paying any appeal fee established by resolution of the City Council.

B. The written notice of appeal must be filed with the City Clerk and state the grounds for the appeal and the specific factual and/or legal errors committed by the hearing officer in issuing its order.

C. The City Clerk must transmit one copy of said notice of appeal to the Community Development Director, or designee.

D. The Community Development Director, or designee, must transmit to the City Council, no later than 20 days after receiving a notice of appeal, and copies of all other papers constituting the record upon which the decision was taken, including, but not limited to, the minutes of all hearings thereon, a written report, prepared from the record upon which the final determination was made, stating the factual and legal basis on which the Director, or designee, reached his or her decision.

E. The City Council may affirm, reverse or modify, in whole or in part, any final determination, assessment, or order of the hearing officer, Director, or designee which is subject to an appeal pursuant to this section. After reviewing the proceedings relating to the decision appealed from, including, but not limited to, minutes of hearings, notice of appeal and the report of the Director, or designee, the City Council, by resolution, may affirm without further action the determination, assessment, or order appealed from.

F. Except as provided in Section 1.16.200, on the date a notice of appeal is filed under this section, all proceedings in furtherance of the determination or order appealed from must be stayed until the final determination by the City Council of the appeal.

G. All decisions of the hearing officer, Community Development Director, or the designee of either are final unless appealed within the time prescribed herein.

H. A hearing held pursuant to this section may be combined with the hearing allowed pursuant to Section 1.16.160.

1.16.200 Summary abatement.

A. Notwithstanding other provisions in this code, whenever the City Manager determines that an imminent life safety hazard exists that requires immediate correction or elimination, the City Manager may exercise the following powers without prior notice to the responsible person:

1. Order the immediate vacation of any tenants and prohibit occupancy until all repairs are completed;

2. Post the premises as unsafe, substandard or dangerous;

3. Board, fence or secure the building or site;

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4. Raze and grade that portion of the building or site to prevent further collapse and remove any hazard to the general public;

5. Make any minimal emergency repairs as necessary to eliminate any imminent life safety hazard; or

6. Take any other action as appropriate under the circumstances.

B. The City Manager may pursue only the minimum level of correction or abatement necessary to eliminate the immediacy of the hazard. Costs incurred by the City during the summary abatement process will be assessed and recovered against the responsible person through the procedures established in Sections 1.16.150 through 1.16.170 of this chapter.

C. The City Manager is also authorized to pursue any administrative or judicial remedy to abate any remaining public nuisance.

1.16.210 Limitation on filing judicial action.

The responsible person aggrieved by any final decision of the City in ordering the abatement of any public nuisance under the provision of this chapter, must bring an action to appeal such decision within 30 days after the date of such decision of the City Council. Otherwise, all objections to such decision are deemed waived.

1.16.220 Alternatives.

A. Nothing in the foregoing sections prevent the City Council from ordering the City Attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein.

B. Nothing in the foregoing sections prevent the City from pursuing other enforcement options, including but not limited to those in Chapter 1.22.

B. In any action, administrative proceeding, or special proceeding to abate a public nuisance, the prevailing party is entitled to recover reasonable attorneys’ fees.

Notwithstanding the foregoing, recovery of attorneys’ fees is available only in those actions or proceedings in which the City elects, at the initiation of such action or proceeding, to seek recovery of its own attorneys’ fees, if it prevails in the action or proceeding. Prior to invoking such a right to recover attorneys’ fees, the City Attorney must obtain authorization from the City Manager. In no action, administrative proceeding, or special proceeding may an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding.

1.16.230 Confirmation of costs.

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The City may collect costs under the procedures provided for liens or special assessments in Sections 1.16.240 and 1.16.250 after such costs are confirmed under the procedures and requirements found in Sections 1.16.150 through 1.16.160.

1.16.240 Recovery as a lien.

A. To the extent permitted by law, the City may establish a lien in the amount of the fee, cost, or charge confirmed by the City in accordance with Section 1.16.230 against the real property where the violation occurred, unless the City has established an assessment for those same fees, costs, or charges pursuant to Section 1.16.250. If the real property where the violation occurred is not occupied by the owner, the lien amount may also include accrued fines and penalties.

B. Notice of Lien Prior to Recording. Prior to recording a lien, notice must be served on the owner of record based on the last equalized assessment roll or the supplemental roll, whichever is more current, in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record cannot be found after a diligent search, the notice may be served by posting copy of the notice in a conspicuous place on the property for a period of 10 days and publishing the notice in a newspaper of general circulation published in San Diego County pursuant to Government Code Section 6062.

C. Content of Notice. The notice of lien for recordation must be in a form substantially as follows:

NOTICE OF LIEN
(Claim of City of Imperial Beach)
Pursuant to the authority vested by the provisions of Section 1.16.140 of the City of Imperial Beach Municipal Code, the City of Imperial Beach did, on or about the _____ day of __________, 20_____, cause the premises hereinafter described, to be rehabilitated, or the building or structure of the property hereafter described, to be repaired or demolished in order to abate a public nuisance on said real property; and the City of Imperial Beach, did on the _____ day of __________, 20_____, assess the cost of such rehabilitation, repair or demolition upon the real property hereinafter described and that said City of Imperial Beach does hereby claim a lien on such rehabilitation, repair or demolition in the amount of said assessment, to wit: the sum of $__________ and the same is a lien upon said real property until the same has been paid in full and discharged of record.

The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Imperial Beach, County of San Diego, State of California, and particularly described as follows:
(Description)

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Assessor’s Parcel No. ________
Street Address: _____________
Name of owner of record: _____________
DATED: This _____ day of _________, 20____.
_________________________
City Clerk of the City of Imperial Beach, California
(ACKNOWLEDGMENT)

1.16.250 Recovery as a special assessment.

A. To the extent permitted by law, the City may establish an assessment in the amount of the fee, cost, or charge confirmed by the City in accordance with Section 1.16.230 against the real property where the violation occurred, unless the City has established a lien for those same fees, costs, or charges pursuant to Section 1.16.240. If the real property where the violation occurred is not occupied by the owner, the assessment amount may also include accrued fines and penalties.

B. Notice of Assessment. Prior to establishing an assessment, notice must be served on the owner of record based on the last equalized assessment roll or the supplemental roll, whichever is more current, in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record cannot be found after a diligent search, the notice may be served by posting copy of the notice in a conspicuous place on the property for a period of 10 days and publishing the notice in a newspaper of general circulation published in San Diego County pursuant to Government Code Section 6062.

1. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes are applicable to the special assessment.

2. If the identity of the owner of the real property can be determined, the City must send notice of the special assessment to the owner by certified mail at the time of imposing the assessment. Such notice will specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments.

The tax collector’s power of sale is not affected by the failure of the property owner to receive notice. Assessment of administrative fines as provided hereunder does not preclude assessment of other costs of abatement of any nuisance against the same property at a later date.

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3. If any real property against which the special assessment relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement will not result in a lien against the real property but instead will be transferred to the unsecured roll for collection.

4. A sale of vacant residential developed property for which the payment of a special assessment imposed pursuant to this chapter is delinquent may be conducted, subject to the requirements applicable to the sale of property pursuant to Section 3691 of the Revenue and Taxation Code.

5. Notices or instruments relating to the special assessment are entitled to recordation.

1.16.260 Release of lien.

In the event a special assessment or lien is discharged, released, or satisfied, through payment, foreclosure or forgiveness, notice of the discharge containing the information specified below must be recorded by the City or be provided by the City to the responsible party to be recorded. The notice of discharge must specify the amount of the lien, the name of the agency on whose behalf the lien is imposed, the date of the abatement order, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel. The City Manager, or designee, is authorized to take all actions necessary to release a special assessment or lien that has been fully satisfied and charge the person requesting the lien or assessment release for any costs associated with releasing the lien or assessment.
 1.16.010 Maintenance of property—Nuisances.
 1.16.020 Authority to declare nuisance.
 1.16.030 Abatement required—Not exclusive procedure.
 1.16.040 Summary abatement.
 1.16.050 Remedies cumulative.
 1.16.060 Violations declared.
 1.16.070 Violation defined.
 1.16.080 Severability.

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 1.16.090 Judicial challenges.
 1.16.100 Preliminary determination.
 1.16.110 Notice of abatement.
 1.16.120 Posting and serving notice—Recipients and time.  1.16.130 Hearing by City Council.
 1.16.140 Decision by Council.
 1.16.150 Alternative decision.
 1.16.160 Notice of Council decision.
 1.16.170 Abatement by property owner.
 1.16.180 Abatement by City—Authority.
 1.16.190 Abatement by City—Cost.
 1.16.200 Cost report—Hearing.
 1.16.210 Costs—Recording.
 1.16.220 Assessment of costs—Lien.
 1.16.240 Administrative fee.

1.16.010 Maintenance of property—Nuisances.

The Council declares that its purpose in adopting this chapter is to establish a procedure for the abatement of municipal code violations. The procedures established in this section may be used in addition to any other legal remedy, criminal or civil, which may be pursued to address violations of this code. This chapter is also intended to be used as an alternative to existing nuisance abatement procedures established in other chapters of this code.

The City Council declares that a public nuisance exists when any condition caused, maintained, or permitted to exist in violation of any provision of this code obstructs, injures, or interferes with the reasonable or free use of property belonging to a neighborhood, community, or any considerable number of persons and poses a serious threat to the public’s health, safety, or welfare. A public nuisance may be summarily abated under this chapter.

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Any person owning, leasing, occupying, or controlling any premises in this City on which a public nuisance exists is responsible for the public nuisance. Each of the following conditions is a public nuisance:

A. Land, whether in a natural state or as a result of human activity, that causes runoff pollution, erosion, sinking, or a surface water drainage problem that is injurious or potentially injurious to the public health, safety, or welfare or to nearby properties; B. Buildings that are abandoned, partially destroyed, or unreasonably permitted to remain in a state of partial construction;
C. Buildings, walls, and other structures that have been damaged by fire, decay, or otherwise to such an extent that they cannot be repaired to conform with the requirements of the building code;
D. The failure to close, by means acceptable to the building official, all doorways, windows, and other openings into vacant structures;
E. Buildings with a major portion unpainted or infested with dry rot or termites; F. Broken windows that are hazardous and invite trespassers or malicious mischief; G. Overgrown vegetation that is likely to harbor rats, vermin, or other nuisances or to be detrimental to nearby property or property values;
H. Dead, decayed, diseased, or hazardous trees, weeds, or other vegetation that is unsightly, dangerous to public safety or welfare, detrimental to nearby property or property values, or reasonably deemed to be a fire hazard; I. Attractive nuisances that are dangerous to children, including, but not limited to, abandoned and broken equipment, ice boxes, refrigerators, and unprotected or hazardous pools, ponds, and excavations;
J. Junk that is stored in such a manner as to constitute a fire, health, or safety hazard;
K. Garbage that is stored in such a manner as to constitute a fire, health, or safety hazard;
L. Garbage that is stored in such a manner as to promote disease-causing organisms, vermin, or litter;
M. Garbage that is stored in containers that are not watertight, nonabsorbent, and puncture and tear-resistant;

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N. Trash and garbage containers that are stored in front or side yards and are visible from public streets;
O. Trash and garbage containers left at curbside in excess of 24 consecutive hours; P. Packing boxes, lumber, trash, dirt, and other debris that is stored outside commercial buildings and visible from public streets;
Q. Dirt, litter, or debris that is accumulated in entrances, doorways, or the adjoining sidewalks of commercial or industrial buildings;
R. Property maintained in such condition as to be detrimental to the public health, safety, or general welfare, to create a dangerous or substandard property or dangerous condition under Chapter 8.50, or to constitute a public nuisance as defined by Civil Code Section 3480;
S. Property that is so defective, unsightly, or deteriorated that it is detrimental to nearby property or property values;
T. Property that is so out of harmony with the maintenance standards of adjacent properties that it is detrimental to nearby property or property values; U. Property maintained in such a condition as to constitute visual blight. For purposes of this chapter, “visual blight” includes the storage of lumber, junk, trash, or debris; abandoned, discarded, or unused appliances, equipment, vehicles, cans, or containers; excavations; or any device, decoration, design, fence, structure, clothesline, or unsightly vegetation. For purposes of this chapter, there must be detriment to the property of others for a condition to constitute “visual blight”;
V. Property developed, as “development” is defined in Chapter 19.04, in violation of a development permit issued by the City;
W. Property developed, as “development” is defined in Chapter 19.04, without required permits;
X. Any condition caused, maintained, or permitted to exist in violation of any provision of this code. (Ord. 2003-1000 § 2; Ord. 98-934 § 1; Ord. 98-931 § 3)

1.16.020 Authority to declare nuisance.

A. All authorized personnel may determine whether a public nuisance exists on any private property and initiate abatement proceedings.

B. The City Council may declare the existence of a public nuisance and initiate abatement proceedings at any time. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

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1.16.030 Abatement required—Not exclusive procedure.

All public nuisances must be abated by rehabilitation, demolition, or repair, pursuant to the procedures in this chapter. The procedures in this chapter are not exclusive and do not in any manner limit or restrict the City from enforcing City ordinances or abating public nuisances in any other manner provided by law. (Ord. 2003-1000 § 2; Ord. 98- 931 § 3)

1.16.040 Summary abatement.

A. When the Council believes that a nuisance constitutes an immediate threat to the public’s health or safety, the nuisance may be summarily abated at the expense of the person creating, causing, committing, or maintaining it, or the owner of the property on which it is maintained, without notice or hearing.

B. Where appropriate, the provisions of the latest edition of the Uniform Housing Code governing summary abatement may be used to abate substandard buildings and recover the costs of the abatement. Violations of this chapter may be considered nuisances under those provisions. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.050 Remedies cumulative.

Except for the alternative procedures in this chapter, the remedies provided by this code are cumulative and do not preclude any other civil or criminal procedures or remedies.

Where violations of this code are declared to be criminal, the City Council may also order the City Attorney or other appropriate official to commence an appropriate criminal proceeding. Violators may be cited pursuant to Chapters 1.12 and 2.48 of this code, in addition to having their premises subjected to abatement procedures. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.060 Violations declared.

A. The owner or other person occupying or controlling any property on which a public nuisance exists, or who violates any order of abatement made pursuant to this chapter, is guilty of an infraction.

B. Any person who fails to vacate a building or structure in accordance with an order given under this chapter is guilty of an infraction.

C. Any person who removes any notice or order posted as required in this chapter is guilty of an infraction.

D. A person may not obstruct or interfere with any City representative or with any person who owns or holds any interest in a building which has been ordered to be

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vacated, repaired, rehabilitated, or demolished and removed, or with any person to whom any such building has been lawfully sold, whenever the representative, purchaser, or interested person is engaged in vacating, repairing, rehabilitating, or demolishing and removing the building pursuant to this chapter, including performing any necessary act incidental to the work.

E. The violations defined in this section are misdemeanors when they qualify by virtue of repetitiveness under Chapter 1.12. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.070 Violation defined.

For purposes of this chapter, every day that each violation exists is a separate offense. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.080 Severability.

If any portion of this chapter is held invalid facially or as applied, that portion will not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application. To this extent only, the provisions of this chapter are declared to be severable. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.090 Judicial challenges.

Any owner or other interested person having any objections or feeling aggrieved at any proceeding taken by the City Council in ordering the abatement of any public nuisance or in assessing the costs of abatement must bring an action to contest the decision within 30 days after the date the decision is made. All other objections are deemed to be waived. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.100 Preliminary determination.

Whenever the City Manager or the City Manager’s designee determines that any premises within the City may be maintained contrary to one or more of the provisions of this code, a notice must be given and a public hearing held by the City Council to ascertain whether a public nuisance exists. The abatement of public nuisances is appropriate under the police power of the City. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.110 Notice of abatement.

A. The notice of abatement must contain:

1. The name and address of the owner of the property;

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2. A legal description of the property and a description in general terms reasonably sufficient to identify the property;

3. A statement of the code provisions allegedly violated, including a description of the manner in which the alleged violation occurred and facts sufficient to place the property owner on notice of the circumstances constituting a nuisance;

4. The date by which the nuisance must be abated;

5. A description of the consequences of failure to abate, including, but not limited to, a recorded abatement notice against the property, abatement of the nuisance by the City at the owner’s expense, a property assessment, and a lien for abatement costs;

6. Either the date, time, and location, which has been set for a hearing by the City Council or a statement of a right to appeal to the City Council. Notices for the abatement of substandard property nuisances must contain an established hearing date. The determination of whether to set a hearing date or provide an appeal option to the property owner must be otherwise based upon the following factors:
a. The extent of intrusion upon private property to effect the abatement, b. The difficulty of the abatement,
c. The potential harm from delaying abatement;

7. Reference to this chapter.

B. The City Council establishes the period for compliance. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.120 Posting and serving notice—Recipients and time.

A. The notice of abatement must be served upon the following persons:

1. The persons creating, causing, committing, or maintaining the nuisance, if known;

2. The owners of the real property on which the nuisance exists. The owners will be determined according to the last equalized assessment roll;

3. Any residents or occupants of the property.

B. At least 10 days before the date of the hearing, a copy of the notice must be sent by certified or registered United States mail, enclosed in a sealed envelope, with postage fully prepaid.

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C. The notice must also be posted conspicuously in at least one location on the subject property at least 10 days prior to the date of the Council hearing.

D. Proof of posting and service of notice must be made by declaration, under penalty of perjury, and filed with the City Clerk prior to the Council hearing.

E. The failure of any person to receive notice does not affect the validity of the abatement proceedings. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.130 Hearing by City Council.

A. At the time stated in the notice, the City Council must hear and consider all relevant evidence, objections, and protests. The City Council will receive testimony from owners, witnesses, City personnel, and interested persons regarding the alleged public nuisance and the proposed rehabilitation, repair, or demolition of the premises. Any person desiring to be heard may address the Council. All witnesses are subject to crossexamination by the persons allegedly responsible for the nuisance. The Mayor must ensure that the testimony and cross-examination are germane and do not violate the decorum of the meeting. The Mayor has all powers granted by law to order the silencing or removal, if necessary, of all persons violating the requirements of germaneness and decorum.

B. The decision of the Council must be based on first-hand, personal observations and knowledge of the witnesses, including reports by City staff members or other public officials when the author of the report is available for cross-examination. Except as expressly provided in this section, the Council’s hearing is not bound by formal judicial rules of evidence or procedure.

C. The hearing may be continued from time to time. (Ord. 2003-1000 § 2; Ord. 98- 931 § 3)

1.16.140 Decision by Council.

At the conclusion of the hearing, the City Council must determine whether the premises constitutes a public nuisance. If the City Council finds that a public nuisance does exist and that there is sufficient cause to rehabilitate, demolish, or repair the property, the City Council will adopt a resolution stating its findings and ordering the owner or other person controlling the premises to abate the nuisance in the manner and by the means specifically set forth in its resolution. The resolution must state the times within which the work must be commenced and completed, as well as a detailed list of needed corrections and abatement methods. The abatement period must be reasonable, taking into account the gravity and nature of the problems, the cost and difficulty of solution, and the responsible parties’ awareness of the hearing. The decisions and order of the City Council are final. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

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1.16.150 Alternative decision.

As an alternative to the provisions of this chapter, the Council may, at the conclusion of its hearing, direct the City Attorney to take action in any court of competent jurisdiction to abate the nuisance. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.160 Notice of Council decision.

A copy of the City Council’s resolution and a copy of this chapter must be served upon the same parties and posted on the property in the same manner as required in Section 1.16.120. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.170 Abatement by property owner.

A property owner may comply with the City Council’s resolution at his or her own expense, provided compliance is completed prior to the expiration of the abatement period. If the owner abates the public nuisance and complies with the resolution in full, then proceedings under this chapter will terminate. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.180 Abatement by City—Authority.

If a nuisance is not completely abated by the property owner within the designated abatement period, then the City Manager or the City Manager’s designee must cause the abatement to be completed by City forces or private contract. The City Manager or the City Manager’s designee is expressly authorized to enter the premises on which the nuisance exists for abatement purposes. Other City departments must cooperate fully and render reasonable assistance in abating a nuisance. (Ord. 2003-1000 § 2; Ord. 98- 931 § 3)

1.16.190 Abatement by City—Cost.

A. If the City or its contractor abates a nuisance, the City Manager, or the City Manager’s designee, must keep an account of the cost (including incidental expenses) of abating the nuisance on each separate lot or parcel where the work is done. The City Manager must submit an itemized report in writing to the City Council, showing the cost of abating, rehabilitating, demolishing, or repairing the premises, including any salvage value.

B. A copy of the cost report must be posted for at least five days upon the abated premises, together with a notice of the time when the report will be heard by the City Council for confirmation. The report and the notice of the Council’s hearing must also be served on the same parties and in the same manner as required in Section 1.16.120,

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except that notice need be sent only to those persons proposed to be charged for the work.

C. The City Council must set the matter for hearing, to determine the correctness and reasonableness of the costs.

D. Proof of posting and service must be made by declaration, under penalty of perjury, and filed with the City Clerk.

E. Because Council policy requires full cost recovery, the term “incidental expenses,” as used in this chapter, includes, but is not limited to, the actual expenses and costs of the City in preparing notices, specifications, and contracts, in inspecting the work, and in printing and mailing the required items. The term also includes all legal costs where applicable. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.200 Cost report—Hearing.

At the time and place specified in the notice, the City Council must hear and rule on the cost report and any objections or protests. The City Council may make revisions, corrections, or modifications to the report as it deems just, including deducting any amounts already paid by the property owner. The City Council must confirm the report, either as submitted or as revised. The decision of the City Council on all protests and objections is final and conclusive. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.210 Costs—Recording.

The City Manager or the City Manager’s designee must record with the County Recorder all notices and instruments relating to the abatement proceeding and any special assessment. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.220 Assessment of costs—Lien.

A. The cost for abating a nuisance, as confirmed by the City Council, is a special assessment against the lot or parcel of land to which it relates. Upon recording a notice of lien in the office of the County Recorder, the cost is a lien on the property for the amount of the assessment. The assessment will be collected at the same time and in the same manner as ordinary municipal taxes are collected and, in case of delinquency, is subject to the same penalties and procedures as provided for ordinary municipal taxes. All laws of the state applicable to the levy, collection, and enforcement of municipal assessments apply. The assessment is also a personal obligation of the property owner.

B. If any real property against which the cost of abatement has been assessed is sold, or if a bona fide lien attaches to the property prior to the date on which the first installment of the taxes would be delinquent, then the cost of abatement will not result in

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a lien against the real property. Instead, the cost of abatement will be transferred to the unsecured roll for collection.

C. After confirmation and recordation, a certified copy of the City Council’s decision must be sent to the tax division of the County Auditor and Controller’s office. It is the duty of the Auditor and Controller to add the amounts of the assessments to the next regular tax bills levied against the respective lots and parcels of land for municipal purposes. Thereafter, the amounts must be collected at the same time and in the same manner as ordinary municipal taxes are collected and, in case of delinquency, are subject to the same penalties and procedures as provided for ordinary municipal taxes. (Ord. 2003-1000 § 2; Ord. 98-931 § 3)

1.16.240 Administrative fee.

Any person who is responsible for a public nuisance may be charged an administrative fee to cover the costs incurred by the City in enforcing this chapter. The amount of the fee is set by the City Council. The fee will be included in the cost report submitted to the City Council under Section 1.16.200 and may be included in any lien assessed under Section 1.16.220.

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EXHIBIT “C”

1.22.030 Issuance of administrative citation.

A. Any person who violates any provision of the Imperial Beach Municipal Code or regulation of the City, any condition of approval of a permit or entitlement, any condition of an environmental review, or any term or condition of any agreement with the City made pursuant to the police power may be issued an administrative citation by an enforcement officer as provided in this chapter. A violation of this code includes, but is not limited to, all violations of the municipal code and the failure to comply with any condition imposed by any entitlement, permit, City agreement or environmental review issued or approved pursuant to this code.

B. Each and every day that a violation of the municipal code exists constitutes a separate and distinct offense. A separate citation may be issued for each day a violation occurs.

C. A civil fine shall be assessed by means of an administrative citation issued by the enforcement officer and shall be payable directly to the City of Imperial Beach.

D. Fines shall be assessed in the amounts specified by resolution of the City Council, or as follows where no amount is otherwise specified:

1. A fine not exceeding $100.00 for a first violation;

2. A fine not exceeding $200.00 for a second violation of the same ordinance or permit within an 18-month period from the date of the first violation;

3. A fine not exceeding $500.00 for the third violation of the same ordinance or permit within an 18-month period from the date of the first violation;

4. A fine not exceeding $1,000.00 for each additional violation of the same ordinance or permit within an 18-month period from the date of the first violation.

E. A second or subsequent violation need only be of the same ordinance, term, or condition to require the larger fine, and need not involve the same personnel or property, provided that the same responsible person is cited. The fine amounts shall be cumulative where multiple citations are issued.

F. If the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to life, health, or safety of persons or property, then the responsible person shall be issued a warning only on the first violation. The warning will advise the responsible person of the nature of the violation and the date upon which the violation shall be corrected. The responsible person will be given a reasonable period of time to correct the violations, and the time provided to correct the violation will depend on the nature and extent of work required. If

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Attachment 4
the violation is not corrected within that time period, an administrative citation with a fine shall be issued.

G. Cost Recovery, Generally. Any person who violates any provision of the municipal code, any condition of approval of a permit or entitlement, any condition or provision of an environmental review, or any term or condition of any City agreement is liable for all costs incurred by the City to investigate, remedy, and prosecute such violation, including, but not limited to, the cost to compile the invoice and attorneys’ fees. The City will maintain an accurate accounting of its costs and may recover such costs in accordance with the procedures outlined in Section 1.16.230 of this code after proceeding through the invoice and hearing procedures found in Sections 1.16.150 through 1.16.160.

1.22.165 Issuance of notice of violation.

In addition to, or in the alternative to, issuing an administrative citation, the City Manager or enforcement officer is authorized to serve a notice of violation upon a responsible person in response to any violation of the Imperial Beach Municipal Code or regulation of the City, any condition of approval of a permit or entitlement, any condition of an environmental review, or any term or condition of any agreement with the City made pursuant to the police power, or any order by or on behalf of the City or by a Hearing Officer. The notice of violation shall include the following information:

1. The name and address of the responsible person;

2. Date, approximate time, and address or definite description of the location where the violation(s) was observed;

3. The code sections or conditions violated and a description of the violation(s);

4. A description of corrective actions needed to bring the property into compliance;

5. A reasonable deadline for completion of the corrective actions needed to bring the property into compliance;

6. The City Manager or enforcement officer may extend the deadline to complete the corrective action for a reasonable period beyond those limits in the discretion of the City Manager or enforcement officer;

7. The consequences that may occur for failure to bring the property into compliance within the deadline provided in the notice including, but not limited to, any other remedy available under the municipal code, administrative citations, administrative hearing, recordation of notices of violation, civil or criminal action, and nuisance abatement as set forth in Chapter 1.16.

8. A notice of violation may be recorded only if the following conditions are met:

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Attachment 4
a. The violation(s) have remained uncorrected on the property for at least 30 days following service of the notice of violation;
b. The owner, if not the responsible person, has been notified of the possibility of recordation and has been afforded the opportunity to correct the violation(s); and
c. The property owner and responsible person have been noticed and offered a hearing before a Hearing Officer as described in this Chapter 1.22 or, as an alternative if the violation constitutes a nuisance, the nuisance abatement hearing procedures set forth in Chapter 1.16, to contest the notice of violation, proposed corrective action, and proposed recordation.

9. The City Manager or enforcement officer is authorized to record the notice of violation pursuant to this section if (a) the violation continues to exist and (b) there is no timely hearing requested, or at the conclusion of any hearing, should the city prevail.

10. The City Manager, or designee, shall issue to the property owner and responsible person a signed notice of compliance which states on its face that it cancels the notice of violation once all violations have been corrected and any administrative penalties, costs and fines involved in the enforcement process have been paid. The notice of compliance shall be recorded by the City Manager, or designee, if the notice of violation was recorded.

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P a g e | 1
June 21, 2023
ITEM TITLE: CONSIDERATION OF A SPECIAL EVENT APPLICATION FOR THE USE OF PIER PLAZA BY MIKE HESS BREWING COMPANY TO HOST HESSFEST XIII. (1040-10) ORIGINATING DEPARTMENT:

Parks & Recreation
EXECUTIVE SUMMARY:

As part of the Special Event Policies and Procedures, the City Council will approve special events under the condition that a complete application is submitted by the applicant, reviewed, and approved by the City of Imperial Beach staff. All permissions and other agency permits must also be obtained before a Special Event Permit is issued. Staff is bringing forward for Council consideration a special event request for the use of Pier Plaza by Mike Hess Brewing Company to host HessFest XIII on Saturday, August 12, 2023.

RECOMMENDATION:

Staff recommends the City Council consider the request from the HessFest XIII event applicant to activate Pier Plaza as an event venue on Saturday, August 12, 2023.

OPTIONS:
 Approval of the request.
 Modification to the proposed event.
 Request additional information and an additional report.

BACKGROUND/ANALYSIS:

Imperial Beach is Classic Southern California, and a natural tourist destination for visitors coming to enjoy our beach. The City of Imperial Beach strives to attract events to our community for both residents and visitors to enjoy, aligning with our mission to enhance and maintain Imperial Beach as a beach-oriented community with a safe, small town, family atmosphere, rich in natural and cultural resources.

Mike Hess Brewing Company hosted HessFest in 2021 and 2022. The event is requesting a oneday setup prior to the event as well as city staff support. As shown in the layout map (attachment 2), the event venue will have restricted access to accommodate alcohol sales pending approval of an ABC license. The event is requesting to be held Saturday, August 12th with event setup beginning on Friday, August 11th, and cleanup completed on Monday, August 14th, pending the

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P a g e | 2
conditions of approval. A complete Special Event Application has been provided as part of this report (Attachment 1), a map of the proposed layout and footprint (Attachment 2), and staff proposed conditions and comments (Attachment 3).

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT: On April 5, 2023, the City Council approved a moratorium to not waive fees on special events until the City’s fee study and policy is considered by the Council. This event requires staff onsite during event setup and on the day of the event which will incur staff fees directly paid by the event producer prior to the event. Any related staff cost not billed before event will be invoiced after the event as a “cost recovery” based on actual additional staff time occurred during the event.

ATTACHMENTS:

ATT 1 – HessFest XIII Application
ATT 2 – HessFest XIII Layout Map
ATT 3 – HessFest Staff Conditions and Comments

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Submission ID: 473c9cfb-8add-4ccc-8406-690625ed9b01 Page 1/7 Special Event Permit Application
03/20/2023 1:38 PM (PDT)
Special Event Permit Application
Ye
Yes
HessFest XIII
08/12/2023
Yes
08/11/2023
Yes
i.

Aug 12, 2023 at 0600
4:00 AM (PDT)
10:00 AM (PDT)
3:00 PM (PDT)
6:00 PM (PDT)
Contact Information
Attachment 1

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Submission ID: 473c9cfb-8add-4ccc-8406-690625ed9b01 Page 2/7 Mike Hess Brewing Co
Mike Hess or Jason Stockberger
Event Day Contact Information
Mike Hess

Thi i the 13th anniver ary and third time ho ting in IB our brewery' anniver ary party It i al o the 13th time we've parlayed our anniver ary into a community event to rai e money for worthy foundation( ) Thi will be a family friendly event with local vendor , food provider , live mu ic, a cornhole tournament (free) a day to come out and do ome good while having fun We'll be rai ing money for Oncology and Kid , a pediatric cancer group that provide upport to kid going through cancer and their familie
Pier Plaza Park and part of the sand nearest the park and part of Surfhenge (as in the past two years), and half of the sidewalk adjacent to the park (as last year).
1497
125

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Submission ID: 473c9cfb-8add-4ccc-8406-690625ed9b01 Page 3/7 Yes

Electrical Connections
Pop-up Canopies
Booth Vendors
Food Vending
Temporary Structures (staging, tents, scaffolding, etc) Booth Vendors
Food Vending
Food and drink vendors are not allowed at Pier Plaza.

Any vendors selling cannabis items are strictly prohibited.

Reservation of the Pier Plaza parking lot is required if vendors will be present at your event, additional fees apply.

Please be sure to submit a final vendor form at least two weeks prior to your event.

Yes
8 10x10

T-shirts, shells, polished rocks, surfboards, skateboards, jewelry, Sanitation and Recycling Information
Applicants are responsible for leaving the venue clean with no trash, or empty boxes left behind. A fee will be incurred if the area is not left in good condition. You are required to provide portable restrooms at your event unless you can substantiate the sufficient availability of ADA accessible and non-accessible facilities in the immediate area of the event which will be available to the public during the event.

Trash & Recycling
5 1
1

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Submission ID: 473c9cfb-8add-4ccc-8406-690625ed9b01 Page 4/7 08/11/2023 10:00 AM (PDT)
08/13/2023 10:00 AM (PDT)
Portable Restrooms, Handwashing Stations, & 3-Compartment Sinks 1 08/11/2023
08/13/2023
1 2
08/11/2023
08/13/2023
Temporary Structures
Staging
Medical Plan
Events that involve competitions/fitness, high risk activity, or with an estimated attendance of 1000 or more people as indicated above must provide licensed medical services at the event. If you plan to use City public safety resources (Fire-Rescue or Lifeguards) additional fees will apply.

No
City public safety is required to maintain a high level of service to the community at all times. Events that require services beyond what the City can provide while still maintaining a high level of service to the community will need to contract with other public safety agencies.

Electricity
If you plan to use electricity, please use a licensed electrician to ensure the correct equipment is being utilized. We will not provide electricity to events if it is raining for the safety of participants and attendees. The City of Imperial Beach does not guarantee the reliability of electrical power in public spaces, therefore it is recommended applicants provide alternative sources should failure occur.

Alcohol
We strive to keep events in our community in line with our mission of a family friendly, classic southern California beach atmosphere, and do not permit designated alcohol areas for events in Pier Plaza. We bring events into the community that support our local businesses, so if you wish to have alcohol as part of your event please use one of our local establishments. If you desire to apply for approval, please submit an ABC 221 form for review by San Diego County Sheriff and the City Manager. If approved, licensed security and a San Diego County Sheriff contract are required.

You will need to provide the approved ABC permit a Special Event Permit will be issued.

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Submission ID: 473c9cfb-8add-4ccc-8406-690625ed9b01 Page 5/7 Yes
Yes
No

As we have done at the past two IB Pier Plaza hosted events, all adults will have a designated colored tamper-proof wrist back (as used at all other beer festivals). We'll have security on patrol to be observant of parents who try to break law by serving their minor children. This has not ever been an issue with our audience in IB, yet will be on the lookout for it. We'll have something like 10- 12 licensed security personnel.

Amplified Sound
The City of Imperial Beach discourages the use of amplified sound for special events, unless deemed necessary.

Yes

B/c unlike other beer fests that have a band, this is a family friendly music fest that also serves beer. This will be just like we've done the past two years.

Yes
Application Processing Fee
Sound Amplification Fee
Utility Setup
Special Requests
No

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Page 100 of 267 ends

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NO PARKING - PUBLIC SAFETY VEHICLES ONLY

RESERVED EVENT PARKING

PUBLIC SAFETY CENTER

CORNHOLE
COURTS

ENTRANCE

SANITATION STATION
FOOD
FOOD

VENDORS
STAGE

BEER TRUCK
GATE

BAND LOADING

EM EXIT

STATIONARY SECURITY REQUIRED

EM EXIT
ADA
6’ FENCING MINIMUM AS REQUIRED BY ALCOHOL BEVERAGE CONTROL 10’X10’ CANOPY - FLAME RESISTANT
10’X10’ CANOPY

DUMPSTER

STORM DRAIN

BEER TRUCK

HANDWASH STATION

ADA PARKING
FOOD

CORNHOLE
COURTS
FOOD
Food/3
Comp Sink
Hand
Sink
Hand
Sinks
City Tacos Doggos Gus
Bread &
Cheese
vendors
vendor
BBQ
Boca Rio Shirts
TentBeneficiary
Attachment 2

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CITY OF IMPERIAL BEACH

PARKS, RECREATION & COMMUNITY SERVICES

CONDITIONS OF APPROVAL
SPONSORING ORGANIZATION: Mike Hess Brewing Co.

EVENT: HessFest XIII
PROPOSED EVENT DATE: August 12, 2023
APPROVALS:

BUILDING YES [ x ] NO [ ] SEE CONDITIONS [ x ]
MARINE SAFETY YES [ x ] NO [ ] SEE CONDITIONS [ x ]
PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ]
FIRE-RESCUE YES [ x ] NO [ ] SEE CONDITIONS [ x ]
SHERIFF YES [ x ] NO [ ] SEE CONDITIONS [ x ]
ENVIRONMENTAL YES [ x ] NO [ ] SEE CONDITIONS [ ]
COMMUNITY DEVELOPMENT YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL:

Building:

A Building permit may be required for the proposed stage. In order to properly process the Building Permit provide a clear detailed plan or other documentation detailing how the stage will be constructed.

It is the responsibility of the applicant and / or event organizer to ensure that ADA requirements are maintained throughout the event.

Marine Safety:

Proposed fencing shall not block pedestrian and public safety access.

Public Works:

No comments received
Fire-Rescue:

INSPECTION REQUIRED
Fire Department inspections are required when proposed activities or operations necessitate assessment to ensure compliance with applicable state codes and standards. This typically includes but is not limited to activities involving cooking, canopies, traffic control, controlled or modified pedestrian access, electrical generators, stages, pyrotechnics, etc.

See following pages for event requirements.

Sheriff:

Request for extra patrol for the officers on event day and additional security for all entrance/exits.

Environmental:

No comments received
ATTACHMENT 3

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Community Development:

No comments received

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P a g e | 1
June 21, 2023
ITEM TITLE: RESOLUTION 2023-56 TO ACCEPT AND APPROPRIATE $35,000 IN SAN

DIEGO SENIORS COMMUNITY FOUNDATION GRANT FUNDS FOR ENHANCEMENTS TO

THE OUTDOOR COURTYARD AND PROGRAMMING AT THE SENIOR COMMUNITY CENTER. (0330-15 & 0930-20)
ORIGINATING DEPARTMENT:

Parks & Recreation
EXECUTIVE SUMMARY:

Resolution No. 2023-56 accepts and appropriates $35,000 in San Diego Seniors Community Foundation (SDSCF) Grant Funds to enhance the outdoor courtyard and increase low-cost programming at the Senior Community Center.

RECOMMENDATION:

Adopt Resolution 2023-56 to accept and appropriate $35,000 in San Diego Seniors Community Foundation Grant Funds to enhance the outdoor courtyard and increase low-cost programming at the Imperial Beach Senior Community Center.

OPTIONS:
 Adoption of Resolution 2023-56; or
 Modification of proposed resolution and adoption of resolution 2023-56 as amended  Continuation of the discussion to a future meeting with direction to the City Manager BACKGROUND/ANALYSIS:

The San Diego Seniors Community Foundation 2023 Empower San Diego Seniors Grant is intended to be used for program development to attract new clients and enhance senior’s health and opportunity for socialization activities, including funds for centers to hire outside providers to increase their program activities. The grant is also intended to be used for infrastructure projects to include outdoor building improvements and furnishings.

The grant awarded to the City of Imperial Beach Parks, Recreation and Community Services Department totals $35,000. The funding will be used for enhancements to the outdoor courtyard ($30,000) at the Senior Community Center which will include shade sails and outdoor furniture creating a comfortable and engaging space. The grant funding awarded will also be used for programming ($5,000) that will be used to expand programming opportunities, introducing fitness classes, a walking program, a book club, and field trips.

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The Imperial Beach Senior Community Center is located at 1075 8th Street, which is in a central area to all residents of the City. The City is currently in the process of updating the inside of the facility and these grant funds will help to provide much needed upgrades to the outdoor courtyard.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT: The resolution also authorizes the Finance Director to amend/increase funds for project GRT077 in the amount of $35,000 in account 214-0000-334.4002 (Miscellaneous Grants), in the amount of $5,000 in account 214-6030-453.2310 (Senior Programming), and in the amount of $30,000 in account 214-6030-453.5003 (Improvements Not Buildings).

FISCAL YEAR: 2023 2024
BUDGETED: NO
BUDGET AMENDMENT: YES
ACCOUNT NO(S).: 214-0000-334.4002 (REVENUE) - $35,000
214-6030-453.2310 (EXPENDITURE) - $ 5,000
214-6030-453.2310 (EXPENDITURE) - $30,000
PROJECT NO(S).: GRT077
FISCAL ANALYSIS: BUDGET AMENDMENT INCREASE BOTH

REVENUES AND EXPENDITURES BY THE

AMOUNT OF THE GRANT RECEIVED
CURRENT BUDGET: $0.00
ANTICIPATED EXPENDITURE: SENIOR PROGRAMMING - $5,000
EQUIPMENT/IMPROVEMENTS - $30,000
ATTACHMENTS:

ATT 1 – Resolution No. 2023-56
ATT 2 – SDSCF Grant Award Letter

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ATTACHMENT 1
RESOLUTION NO. 2023-56

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA,

ACCEPTING THE SAN DIEGO SENIORS COMMUNITY FOUNDATION GRANT FUNDS IN THE AMOUNT OF $35,000 AND APPROPRIATING THE GRANT FUNDS TO THE FY 2023 – 2024 BUDGET FOR SENIOR COMMUNITY CENTER ENHANCEMENTS AND

PROGRAMMING
WHEREAS, the City of Imperial Beach is being allocated grant funds in the amount of $35,000 funded through the San Diego Seniors Community Foundation for the 2023 Empower San Diego Senior Centers Grant; and
WHEREAS, the City Council has prioritized parks and recreation, facilities and programming for the residents of Imperial Beach including the senior community; and WHEREAS, the City currently does not have funding for new outdoor shade amenities and furniture; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach as follows:

1. The above recitals are true and correct.

2. The City Manager or designee is authorized to accept the San Diego Seniors Community Foundation 2023 Empower San Diego Senior Centers Grant Program funds in the amount of $35,000.

3. The Finance Director is authorized to amend/increase funds for project GRT077 in the amount of $35,000 in account 214-0000-334.4002 (Miscellaneous Grants), in the amount of $5,000 in account 214-6030-453.2310 (Senior Programming), and in the amount of $30,000 in account 214-6030-453.5003 (Improvements Not Buildings).

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 21st day of June 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

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1 June 5, 2023
Imperial Beach Senior Center
825 Imperial Beach Blvd.

Imperial Beach, CA 91932
Attn: Shannon Bullock
Re: 2023 SDSCF Empower San Diego Senior Centers Grant Award Hello Shannon,
Congratulations! Imperial Beach Senior Center has been selected to receive a grant from the San Diego Seniors Community Foundation (the “Foundation”) in the amount of $35,000 (“the Grant”). The Grant is awarded in response to the Letter of Interest you submitted for the Foundation’s 2023 Empower San Diego Senior Centers grant cycle. The Grants Committee of the Foundation approved funding to support the following purposes:
• Enhancements for Outdoor Courtyard..................................$30,000 o Purchase shade sails and outdoor furniture for the courtyard, creating a comfortable and engaging space
• Programming...........................................................................$5,000 o Expand programming opportunities, introducing fitness classes, a walking program, a book club, and field trips
Please note that we are bypassing the “Full Application” process this year, relying instead on the information provided in the Letter of Interest you submitted. To supplement that information, our Chief Program Officer, Joe Gavin, will be reaching out to you to discuss grant outputs, outcomes, and key measurements, so that there is mutual understanding and agreement on how impact will be assessed and evaluated.

The period for this Grant is from July 1, 2023, to June 30, 2024. In January 2024, please submit a two-to-three-page mid-term report on letterhead, 12 pt font, describing your progress to-date, and any interim outcomes. A final report will be required in July 2024, to be submitted in the SmarterSelect software application. A link will be provided at that time. In your final report, please inform us of your successes and challenges in attaining your projected outcomes.

Attachment 2

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2 Grant funds awarded by the Foundation may be expended only for charitable, scientific, literary, or educational purposes as described under Internal Revenue Code Section 501(c)(3) and only for the specific purposes stated in this letter. You agree that the Grant funds will be used only for such purposes and that no material variances will be made from the stated purpose of the Grant without the Foundation’s prior written approval. Any Grant funds not expended for the purpose of the Grant will be returned to the Foundation.

If this letter correctly sets forth your understanding of the terms of this Grant, please signify your organization’s agreement to such terms by completing the information below and having the appropriate officer sign where indicated. Then scan and email a copy of both pages of the fully signed original to [email protected], with a copy to [email protected]. This will expedite the issuance and receipt by you of the grant check. There is no need to mail a hard copy original.

If you have any questions, please contact Joe Gavin at [email protected].

Important: Please do not announce this grant until you receive the check. We are working on a press release that will be deployed concurrent with sending out grant checks.

Once again, congratulations on the grant award and best wishes for a successful project.

Sincerely,
Bob Kelly
Founder, Director
__________________________________ACCEPTS AND HEREBY AGREES TO THE TERMS OF THE GRANT

AGENCY NAME
BY: _____________________________________________________________________________

AUTHORIZED SIGNATURE TITLE
PRINTED NAME: __________________________________ DATE:______________________ VERIFY CORRECT FEDERAL TAX ID# _________________________________________ CORRECT PAYEE’S NAME FOR GRANT CHECK: _________________________________________ CORRECT ADDRESS TO SEND GRANT CHECK: _________________________________________ _________________________________________

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P a g e | 1
June 21, 2023
ITEM TITLE: RESOLUTION NO. 2023-57 APPROPRIATING $113,200 TO THE FY23 CITY HALL IMPROVEMENTS PROJECT (F23101). (0910-10)
ORIGINATING DEPARTMENT:

Public Works
EXECUTIVE SUMMARY:

Resolution 2023-57 authorizes an appropriation of $113,200 to the City Hall Improvements Project F23101 from the fund balance reserves. The Project converted the Mayor’s Office into two offices for the Human Resources Department in order to make offices available for staff in the Information Technology and Parks & Recreation Departments. The Project also included new furniture and minor audio and visual improvements to the City Manager and HR Departments.

RECOMMENDATION:

Adopt Resolution No. 2023-57 to authorize the appropriation of $113,200 to the Project budget.

OPTIONS:
 Approve resolution and recommendation from staff.
 Request additional information and an additional report.

BACKGROUND/ANALYSIS:

With the establishment of the Parks & Recreation Department and the hiring of staff in Information Technology Department currently located at City Hall, offices and space have become very limited. With these personnel additions, new office spaces are required to house and equip new staff. The Project completed included the improvements necessary to convert the Mayor’s Office into two offices and relocated the Human Resources Department into those new offices. This allowed staff from the Parks & Recreation Department to expand into the previous Human Resources office, which was one office being shared by two staff members. The improvements allowed for an office to be available for staff in the Information Technology Department. The Project also included new furniture and minor audio and visual improvements to the City Manager and HR Departments. The Mayor’s Office will have to be replaced. Staff is currently working on the final details to request bids from contractors in order to improve the Community Room at city hall which will include the relocation of the Mayor’s Office. This project is anticipated to be brought forward for City Council approval in the next few months.

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ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

Budget:

Fund Balance $113,200
TOTAL REVENUE $113,200
Expenditure:

Public Works Contract – Building Shell & Finishes $ 60,000 Furniture $ 30,880
Audio Visual Improvements $ 14,200
Specialized Testing & Inspection $ 2,320
Construction Documents $ 5,800
TOTAL EXPENDITURES $113,200
FISCAL YEAR: 2023
BUDGETED: No
BUDGET AMENDMENT Yes
ACCOUNT NO(S).: 101-1920-419.9003 – Transfer Out
504-0000-391.9001 – Transfer In (General Fund)
504-1924-519.2006 – Professional Services
504-1924-419.5004 - Equipment
PROJECT NO(S).: F23101
FISCAL ANALYSIS: The project is a one-time expenditure that will require an appropriation from the General Fund
Unreserved Fund Balance
CURRENT BUDGET: $0
ANTICIPATED EXPENDITURE: $113,200
ATTACHMENTS:

ATT 1 - Resolution No. 2023-57

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ATTACHMENT 1
RESOLUTION NO. 2023-57

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, APPROPRIATING $113,200 TO THE CITY HALL IMPROVEMENT PROJECT BUDGET (F23101)
WHEREAS, the City has completed hiring new staff to fill vacant positions in various departments currently located at City Hall and new office spaces are required to house and equip these personnel; and
WHEREAS, the Project completed the improvements necessary to convert the Mayor’s office into two offices for the HR Department, refreshed the City Manager’s Office, and acquired furniture for all three offices.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach as follows:

1. The above recitals are true and correct.

2. The Finance Director is authorized to amend the budget for the City Hall Office Improvement project F23101 in the following accounts: 101-1920-419.9003 (Transfer Out) – increase $113,200; 504-0000-391.9001 (Transfer In) – increase $113,200; 504- 1924-419.5004 (Equipment) – increase $39,000; 504-1924-519.2006 (Professional Services) – $74,200.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 21st day of June 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

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P a g e | 1
June 21, 2023
ITEM TITLE: BUCKEYE INVESTMENTS, INC. (APPLICANT); CONSTRUCTION OF A MIXEDUSE BUILDING WITH GROUND FLOOR COMMERCIAL AND EIGHT RESIDENTIAL CONDOMINIUM UNITS AND CEQA GUIDELINES EXEMPTION SECTION 15332 AT 757 SEACOAST DRIVE (APN 625-192-04-00) USE-22-0088. (0600-20).

ORIGINATING DEPARTMENT:

Community Development
EXECUTIVE SUMMARY:

The owner of a property at 757 Seacoast Drive, which is in the C/MU-2 (Seacoast Commercial and Mixed-Use) Zone, has initiated the process to demolish the existing structures and construct a new mixed-use project with eight residential condominium units. The mixed-use building is fronting Seacoast Drive with the front of the building including a ground floor commercial space measuring approximately 2,700 square feet and five residential condominium units on the second and third stories each with a roof deck. The rear of the building includes a residential unit on the ground floor with two additional units on the second and third stories each with a roof deck. The project was reviewed by the Design Review Board on February 16, 2023 and the Design Review Board recommended approval of the project’s design with conditions with a vote of 3-1 (1 absent).

The project was reviewed by the City Council on April 19, 2023 and the item was continued to a future date with a vote of 5-0.

RECOMMENDATION:

That the City Council adopt Resolution 2023-49, approving Regular Coastal Development Permit (CP-22-0012), Conditional Use Permit (CUP-22-0011), Design Review Case (DRC- 22-0024), Site Plan Review (SPR-22-0025), Tentative Map (TM- 22-0002), and categorical exemption pursuant to the California Environmental Quality Act (CEQA) guidelines 15332 Class 32 (In-Fill Development Projects) at 757 Seacoast Drive (APN 625-192-04-00), which is located in the C/MU-2 (Seacoast Commercial & Mixed Use) Zone subject to the conditions as specified in the attached resolution.

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.

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BACKGROUND/ANALYSIS:

An application (USE-22-
0088) was submitted to the
City for a Regular Coastal
Development Permit (CP22-0012), Conditional Use
Permit (CUP-22-0011),
Design Review Case (DRC22-0024), Site Plan Review
(SPR-22-0025), and
Tentative Map (TM- 22-
0002) proposing to
demolish the existing
buildings and construct a
new mixed-use project with
approximately 2,700 square
feet of commercial space
and eight residential
condominium units at 757 Seacoast Drive (APN 625-192-04-00) in the C/MU-2 (Seacoast Commercial and Mixed Use) Zone. The project site fronts Seacoast Drive and the project would include the consolidation of four existing lots into a single 10,608 square foot lot. The areas to the north, south, and west are also located in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone and include the IB Club (mixed-use building) and multifamily residences. The area to the east of the project site is an alley and residential uses. The single-family residence to the east is zoned R-2000 (Medium Density Residential).

The project involves the demolition of the three existing structures and the construction of a new vertical mixed-use structure. The vertical mixed-use building would front Seacoast Drive with the front of the building including a ground floor commercial space measuring approximately 2,700 square feet with a 1,100 square foot open patio, and five residential condominium units on the second and third stories each with a roof deck. The rear of the building includes a residential unit on the ground floor with two additional units on the second and third stories each with a roof deck.

The two existing curb cuts, one on Seacoast Drive and one on Donax Avenue, would be removed and all vehicular access would be provided off of the alley.

Building Orientation: The proposed building orientation provides one vertical mixed-use building.

The portion of the building fronting Seacoast Drive is a vertical mixed-use building that includes a 2,700 square foot ground floor commercial space with a covered 1,100 square foot open patio seating area surrounded by a 36” tall cement board fence with two openings to provide direct pedestrian access from the sidewalk fronting Seacoast Drive to the business entrances. Directly above the commercial space are five (5) residential units that are comprised of the second and third stories of the front of the building and each include a second story deck. The rear of the building includes a residential unit on the ground floor with two additional units comprised of the second and third stories each with a roof deck. Access to the residential units is provided from an enclosed staircase that has two entrances. The enclosed staircase entrances are oriented towards the northern elevation and southern elevation but is accessible from a covered common pedestrian walkway that may be accessed from Donax Avenue or a walkway that is adjacent to the northern elevation accessed from Seacoast Drive or the project parking area.

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Building design and materials: The building architectural style would be modern, with the primary colors including La Habra Crystal White and La Habra Tuxedo exterior stucco, James Hardie Mountain Sage Cement fiber siding and accent colors including black metal window framing, bronze anodized garage framing with clear glass, cement board fencing and bronze anodized aluminum sunshades. The design conforms to the intent and purpose of the design standards outlined in IBMC Section 19.83.010 and contributes positively to the Seacoast Drive corridor, which is primarily comprised of commercial buildings and multi-family residences in the vicinity of the project site.

Lighting: There are two existing streetlights fronting Seacoast Drive. Exterior lighting and recessed lighting has been incorporated throughout the site and on building elevations to provide pedestrian scale lighting and enhance the architecture of the building and landscaped areas of the site. Additionally, there are lighting fixtures placed on the walls of the interior of the parking areas to ensure that the lighting would enhance safety and circulation as well as not impact the

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surrounding neighbors and uses. In total, 66 light fixtures would be installed throughout the site as a part of the project. All of the lighting and lighting fixtures are architecturally compatible and scaled to the buildings with consideration for energy efficiency.

Landscaping: Typically, new commercial development requires that 15% of the total site be landscaped. The project proposes to install a total of 1,592 square feet (15%) of planted landscaping consisting of a mix of trees, shrubs and perennials, and mulch ground cover. 13 trees would locate throughout the site; with three trees along the northern perimeter screening the view of the trash enclosure from Seacoast Drive, seven trees fronting Seacoast Drive, and three trees adjacent to the southern property line. Smaller shrubs and flowering plants would be adjacent to the walkway leading to the residential enclosed staircase entrance.

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Building Height: The overall height of the proposed structure, including the roof decks and parapets, is 34-feet and two inches for the vertical-mixed use building.

Ground-Floor Retail 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. The applicant is providing the commercial vertical floor-to-ceiling height

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of 15-feet with open web trusses, the measurement from the floor to the bottom of the trusses is 13-feet 6-inches.

Parking: The project is proposing to provide a total of 11 parking spaces. The project is providing eight covered parking spaces, (two 100% enclosed garage spaces and six covered parking spaces); two open commercial parking spaces; and one uncovered ADA commercial parking space. The project would provide the following TDM strategies including:
 Public bicycle racks (for eight bicycles)
 Private covered hanging bicycle racks (commercial and residential tenant use only)  Map of the bike routes
 Bus route and schedule signage would be posted to encourage transit use and pedestrian/bike (multimodal) use
 One (1) electric bike will be provided per residential unit (8 total) with a built-in charging station
 On all long-term residential leases, there will be language for reduced rent (10%) for tenants who do not need a parking space
 Any and all short-term rental tenants will receive one voucher for e-bike rental for each stay
 Any commercial lease will include language for the property owner to provide two (2) permanent bus passes for commercial tenant for employees’ use

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Design Review Board:

The Design Review Board reviewed the project on February 16, 2023, and recommended approval of the project’s design with a vote of 3-1 (1 member absent, see Attachment 7) with the following conditions:
 Incorporate additional varied stepbacks and setbacks along the southern and western elevations
 Stagger and stepback the second story decks facing Seacoast Drive  Provide variations in roof form and height to provide variation in the building massing and primary facades
 Consider additional transportation demand management strategies  Consider a design that would enhance the amount of parking available or maximize that parking available for the site, potentially reallocating space for parking purposes  All proposed/potential projections, mechanical or otherwise, where feasible must be below the maximum allowable building height and must be adequately screened  Incorporate enclosed clear tempered glass screening to the patio area fronting Seacoast Drive
 Include secure bicycle rack storage and equipment storage for the residents while maintaining the proposed bicycle rack
 Include posted bike routes with the bus routes
 For unit 7, replace the glass material that screens the deck area with an opaque screening material to enhance privacy
 Enhance and increase the total amount of plants provided in the planted landscaping area  Replace the trees that are currently proposed with shade trees that are taller

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 Assess the safety of the lighting in the parking area and enhance it as needed to increase safety
 The overhang elements should be made flush all the way across the third floor instead of separated
 Replace the metal railing for the decks with glass
 Match the exterior materials of the trash enclosure with the primary building materials  Remove the brick wall in between/separating the parking areas and replace them with pillars or an alternative design that can be walked/seen through  Provide additional details on the project plans that would show the finished aesthetic of the building with the intended use of the commercial space  Show any proposed internal drains, scuppers, downspouts, or gutters to show how stormwater would drain from the roof top
Most of the recommendations have been addressed and incorporated into the project/plans and/or have been provided as conditions of approval within Resolution 2023-49. Regarding the comment, “Consider a design that would enhance the amount of parking available or maximize that parking available for the site, potentially reallocating space for parking purposes,” the applicant stated that no other parking spaces can be accommodated on site as the proposed layout for the project includes a ground floor commercial space and ground floor residential unit which are required to meet California Building Code requirements.

Regarding the comments, “Enhance and increase the total amount of plants provided in the planted landscaping area,” and “Replace the trees that are currently proposed with shade trees that are taller,” the applicant has provided three additional trees to Seacoast Drive with a 20’ canopy to enhance the available shade bringing the total number of trees to 13 trees planted with the project.

Regarding the comment, “The overhang elements should be made flush all the way across the third floor instead of separated”, the applicant stated that the change does not fit the aesthetic of the building and that the large overhang would be complicated to build, install and maintain.

Additionally, the applicant further stated that separating the overhang helps to break up the elevations and maximize the variation in the building facade.

Regarding the comment, “Provide additional details on the project plans that would show the finished aesthetic of the building with the intended use of the commercial space,” the applicant stated that there is currently no proposed use for the commercial space. Any future building tenant would be required to complete a tenant improvement building permit and have substantial conformance with the approved design/exterior look. However, the applicant removed a strip of the slab to accommodate for potential future plumbing configurations.

City Council Meeting:

On April 19, 2023, the project was reviewed by the City Council and the item was continued to a future date with a vote of 5-0. The City Council requested additional information and responses to concerns related to the amount of parking provided by the project, the proposed transportation demand management strategies, the rationale for the increase in density, the increase in building height, the density of the trees and landscaping provided within the project, the project/site lighting, and considerations towards the use of the units as short-term rental units.

The applicant provided a response for each of the items that the City Council recommended additional information on in an applicant response letter (Attachment 3). Regarding the parking

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considerations and TDM strategies, the applicant is maintaining the originally proposed number parking spaces (11 parking spaces) but incorporated additional TDM Strategies. The new strategies include the following:
 One (1) electric bike will provided per residential unit (8 total) with a built-in charging station
 On all long-term residential leases, there will be language for reduced rent (10%) for tenants who do not need a parking space
 Any and all short-term rental tenants will receive one voucher for e-bike rental for each stay
 Any commercial lease will include language for the property owner to provide two (2) permanent bus passes for commercial tenant for employees’ use The new TDM strategies have been included on the project plans and/or have been incorporated as conditions of approval in Resolution 2023-49.

Regarding the increase in density from one unit per 1,500 square feet to one unit per 1,210 square feet, the applicant stated that they are providing the additional unit to increase the available housing stock for the local Imperial Beach community, and to boost the Imperial Beach economy.

The applicant provided that the rationale for proposing an increase in the building height from 30- feet to 34-feet and two-inches (35-foot height limit) is to accommodate meeting the required floor to ceiling height of 15-feet for the ground floor commercial space (ref IBMC Section 19.27.070(B)).

In response to the comments related to landscaping and lighting, the applicant increased the number of trees fronting Seacoast Drive from five (5) to seven (7), providing 13 trees planted on site. Additionally, new exterior site lighting and recessed lighting has been incorporated into the project design totaling 66 light fixtures. The landscaping and lighting revisions have been included on the project plans and/or have been incorporated as conditions of approval in Resolution 2023-

49. In consideration of the concerns related to the use of the new units as primarily short-term rentals, the applicant stated that they would limit the number of units rented as short-term rental units to 63% (limited to no more than five units rented as short-term rentals concurrently) and may be reviewed/revisited by the City every five (5) years to assess the impact of the short-term rentals on the surrounding neighborhood and community. These have been incorporated as conditions of approval in Resolution 2023-49.

General Plan/ Zoning 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. 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). To promote and facilitate the development of vertical mixed-use projects with ground floor commercial spaces that would activate the Seacoast Drive corridor, pursuant to the processing of a conditional use permit for such developments, the City Council may increase the maximum density of a site, reduce the off-street parking requirements, and increase the overall building height provided the applicant demonstrates compliance with two or more development incentives consistent with IBMC Section 19.27.020(A)(5). (IBMC Sections

19.27.020(A)(5), 19.27.070(A)(2), and 19.48.050(J)). The applicant is applying for a conditional use permit to provide a 25% reduction in the required off-street parking requirement, an increase

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in the building height from 30-feet to 34-feet and two-inches (35-foot height limit), and an increase in density from one unit per 1,500 square feet to one unit per 1,210 square feet. The applicant is proposing to incorporate two development incentives for the conditional use permit: providing 84% of active commercial uses on the ground floor and by providing additional plaza open space.

Regarding parking, vertical mixed-use projects require one parking space per 1,000 gross square feet of commercial space and 1.5 spaces per dwelling unit for multi-family residential projects in the C/MU-2 zone, and a 25% reduction for the off-street parking requirements for vertical mixeduse projects with the approval of a conditional use permit (IBMC Section 19.48.050.J). The ability to reduce parking requirements was provided within the Municipal Code in an effort to promote mixed-use development within the commercial mixed-use within the City, encourage reduction of greenhouse gas emissions, and reduce the demand for vehicular uses/parking. The project would typically require a total of 15 parking spaces (three commercial spaces and 12 spaces for eight residential units). The applicant is proposing a 25% reduction in the parking requirement providing 11 parking spaces to accommodate the project design. They are proposing to also incorporate TDM strategies including the following:
 Public bicycle racks (for eight bicycles)
 Private covered hanging bicycle racks (commercial and residential tenant use only)  Map of the bike routes
 Bus route and schedule signage would be posted to encourage transit use and pedestrian/bike (multimodal) use
 One (1) electric bike will provided per residential unit (8 total) with a built-in charging station  On all long-term residential leases, there will be language for reduced rent (10%) for tenants who do not need a parking space
 Any and all short-term rental tenants will receive one voucher for e-bike rental for each stay
 Any commercial lease will include language for the property owner to provide two (2) permanent bus passes for commercial tenant for employees’ use The project design conforms with the underlying zoning requirements and proposes a vertical mixed-use building providing ground floor commercial and residential units which meets the purpose and intent of the land use designation.

C/MU-2 STANDARDS PROVIDED/PROPOSED
Maximum density of one dwelling unit for
every one thousand five hundred gross square
feet of lot area; residential dwelling units may
be increased to a maximum density of one
dwelling unit for each one thousand two
hundred ten gross square feet of lot area with
approval of a conditional use permit by the City
Council that demonstrates compliance with
two or more development incentives (Section

19.27.020).

The property measures 10,608 square feet,
which would allow for 8 residential units
(10,608/1,210= 8.76).

Yard requirements for the C/MU-2 zone are as
follows:

A. On property fronting on Seacoast
Drive, the front of each building shall A. The project fronts Seacoast Drive. The vertical mixed-use building includes a

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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:

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.
commercial building on the ground floor
located along Seacoast Drive and it is
intended that the patio area along the street
contributes to the active commercial use
area. 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 project provides a 7’ side yard setback
to the north and a 5’ side yard setback to
the south.

C. The rear yard of the project abuts an alley
to the east with the enclosed garage
providing a 0’ setback. A single-family
residence is located in the R-2000 Zone,
east of the alley.

D. 15% of the site must be landscaped, and
15% is provided.
“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. The vertical
mixed-use building includes a commercial
building on the ground floor located along
Seacoast Drive and it is intended that the patio
area along the street contributes to the active
commercial use area. 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 exceed 60% of the frontage.

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 thirdfloor stepback shall be a minimum of ten feet from the abutting residential
property line.

A. The project provides a 5’ stepback.

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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)
B. The second story deck fronting Seacoast
Drive is varied providing 2’-0” to 4’-5” from
the western property line (PL) and the face
of the building is 10’-5” setback from the PL.

The third story fronting Seacoast Drive
provides a stepback of 7’-5” to 8’-5” from the
western PL.

Minimum lot size of 3,000 square-feet (Section

19.27.050).

The lot size would measure 10,608 square feet.

Minimum street frontage of 30 feet (Section

19.27.060).

The Seacoast Drive frontage is approximately
105.09 feet and the Donax Avenue frontage is
100.97 feet.

Maximum building height of three stories or 30
feet (Section 19.27.070). Properties east of
Seacoast Drive that do not provide exclusively
residential uses 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)
The project proposes a building height of 34’-
2”.
a. The project provides a 5’ side yard
setback to the south (Donax Avenue).

The second story deck fronting Seacoast Drive
is 2’-7” from the western property line (PL) and
the face of the building is 10’-5” setback from
the PL.

The third story fronting Seacoast Drive provides
a stepback of 7’-5” to 8’-5” from the western PL.
b. The project proposes an open plaza
area and 84% active commercial uses on the
ground floor.

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-toceiling height; and single-story commercial The project is proposing a floor-to-ceiling height
of 15 feet for the commercial ground floor of the
vertical mixed-use building.

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buildings shall have a minimum building height
of twenty feet. (Section 19.27.070).

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 fourfoot by fifteen-foot area may be permitted for every four spaces, fivefoot-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.

A. The 10,608 square foot lot requires a
minimum of 1591.2 square feet of
landscaping (10,608 x .15 = 1,591.2). 1,592
square feet of landscaping is proposed
(15%).

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 provides adequate landscaping
in the surface parking spaces.

E. A complete landscape plan would be
required prior to issuance of building
permits.

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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.

G. A permanent irrigation system shall be
installed to serve all landscaped areas.

F. Landscaping and required watering system
shall be installed prior to the use of the
premises subject to state requirements.

G. A permanent irrigation system shall be
installed to serve all landscaped areas
subject to state requirements.

Required parking spaces for multiple-family
residential in the C/MU-2 Zone: 1.5 spaces
per dwelling unit (IBMC Section 19.48.035).

The C/MU-2 Zone requires 1 space per 1,000
gross square feet of commercial space. (IBMC
Section 19.48.035).

For mixed-use development of multiple-family
residential over commercial use, required
parking may be reduced by up to twenty-five
percent with approval of a conditional use
permit.
8 residential units would require 12 parking
spaces (6x1.5 = 9).
2,700 square feet of commercial space would
require 3 parking spaces (2,700/1000 = 2.7 =
3).

The 25% reduction in the parking requirements
would be 11 parking spaces. (15x25%=3.75)
(15-3.75= 11.25= 11)
The project provides 11 parking spaces. Eight
covered parking spaces (one per residential
unit), two open commercial parking spaces,
and one ADA accessible open parking space.

Surrounding Land Use and Zoning:

Surrounding
Properties Surrounding Zoning Surrounding Land Use
North C/MU-2 (Seacoast Commercial and Mixed Use) Multi-family Residential South C/MU-2 (Seacoast Commercial and Mixed Use) Multi-family Residential East R-2000 (Medium Density Residential) Alley and Single-Family Residential
West C/MU-2 (Seacoast Commercial and Mixed Use) Mixed-Use COASTAL JURISDICTION:

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This project is located in the coastal zone as defined by the California Coastal Act of 1976. At a future meeting 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.

ENVIRONMENTAL DETERMINATION:

The project may be categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 (In-Fill Development Projects).

FISCAL IMPACT:

The Applicant has deposited $11,500.00 to fund processing of the application.

ATTACHMENTS:

1. ATT 1 - Resolution 2023-49

2. ATT 2 - Project Plans

3. ATT 3 - Applicant Response Letter

4. ATT 4 - Colored Elevations

5. ATT 5 - Project Renderings

6. ATT 6 - 04-19-23 City Council Regular Meeting Minutes

7. ATT 7 - 02-16-2023 DRB Regular Meeting Minutes - DRAFT

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ATTACHMENT 1
RESOLUTION NO. 2023-49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, APPROVING REGULAR COASTAL PERMIT (CP-22-0012), CONDITIONAL USE PERMIT (CUP-22-0011), DESIGN REVIEW CASE (DRC- 22-0024), SITE PLAN REVIEW (SPR-22-0025), AND TENTATIVE MAP (TM-22-0002); AND CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES SECTION 15332 CLASS 32 (IN-FILL DEVELOPMENT PROJECTS) FOR

THE CONSTRUCTION OF A NEW MIXED-USE DEVELOPMENT WITH EIGHT RESIDENTIAL CONDOMINIUM UNITS, AND APPROXIMATELY 2,700 SQUARE FEET OF COMMERCIAL SPACE AT 757 SEACOAST DRIVE (APN 625-192-04-00). USE-22-0088.

WHEREAS, on June 21, 2023 the City Council of the City of Imperial Beach held a duly advertised and noticed public hearing to consider the merits of approving or denying an application for a Regular Coastal Permit (CP-22-0011), Design Review Case (DRC-22-0024), Site Plan Review (SPR-22-0025), Tentative Map (TM-22-002), and Categorical Exemption pursuant to CEQA Guidelines 15332 Class 32 (In-Fill Development) for the construction of a new mixeduse development with eight residential condominium units and approximately 2,700 square feet of commercial space at 757 Seacoast Drive (APN 625-192-04-00), which is located in the C/MU2 (Seacoast Commercial & Mixed Use) Zone.

WHEREAS, on April 19, 2023 the City Council of the City of Imperial Beach reviewed the project and the item was continued to a future date with a vote of 5-0; and WHEREAS, on February 16, 2023 the Design Review Board recommended approval of the project’s design with conditions with a vote of 3-1 (1 absent); 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 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 and 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 commercial use (restaurant) with an open patio as well as eight residential units which

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Resolution No. 2023-49

Page 2 of 21 ends

would serve both the local 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 exceed the height limit, and does not build in any areas with street end or other views. The project site is located in an appealable coastal zone and complies with the land use designation of the General Plan/Local Coastal Plan.

2. For all development seaward of the nearest public highway to the shoreline, the proposed development meets standards for public access and recreation of Chapter Three of the 1976 Coastal Act and regulations promulgated thereunder.

The project site is located between the seaward of the first public road. The General Plan/Local Coastal Program designates the site as Seacoast Commercial and 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 commercial use (restaurant) with an open patio as well as eight residential units which would serve both the local 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 exceed the height limit, and does not build in any areas with street end or other views. 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, and any other conditions noted in this Resolution.

The municipal code (reference IBMC Sections 19.27.020(A)(5), 19.27.070(A)(2), and

19.48.035) allows for an increase in density of one dwelling unit for each one thousand two hundred ten gross square feet of lot area, an increase in height from 30’ to 35’, and a 25% reduction in required off-street parking with approval of a conditional use permit by the City Council. The project is a vertical mixed-use project providing eight (8) new residential dwelling units with the increased density provided through a conditional use permit. To facilitate the development, the project is providing the development incentives (ref. IBMC Section 19.27.020(A)) of 84% of the frontage as active commercial use and is providing an increased plaza open space area.

The project is providing a building height of 34’-2” in height as it would accommodate the floor to ceiling height of 15’ for the ground floor commercial space and provide adequate

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roof top screening for mechanical equipment locating on the roof, benefitting the surrounding neighborhood. Additionally, there are extraordinary circumstances due to the location of the property and its proximity to the beach. The increase in height is not detrimental to adjacent property and does not adversely affect the General Plan or Local Coastal Program.

With regards to parking, a 25% reduction of the parking spaces provided 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 the layout. The inclusion of a commercial space on the ground floor with direct pedestrian access from the Seacoast Drive 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. The Municipal Code specifically allows for a 25% reduction of parking for projects that are proposing a vertical mixed-use structure. To help offset the parking impacts, the project is implementing transportation demand management strategies to reduce the demand for vehicle usage. Further, the General Plan and Local Coastal Plan encourages designs that reduce the demand of vehicle usage and enhance pedestrian use/access 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 short term and long term bicycle parking off of Seacoast Drive. Additional transportation demand management strategies include the following:
• Public bicycle racks (for eight bicycles)
• Private covered hanging bicycle racks (commercial and residential tenant use only)
• Map of the bike routes
• Bus route and schedule signage would be posted to encourage transit use and pedestrian/bike (multimodal) use
• One (1) electric bike will be provided per residential unit (8 total) with a builtin charging station • On all long-term residential leases, there will be language for reduced rent (10%) for tenants who do not need a parking space
• Any and all short-term rental tenants will receive one voucher for e-bike rental for each stay
• Any commercial lease will include language for the property owner to provide two (2) permanent bus passes for commercial tenant for employees’ use
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. 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.

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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 June 5, 2023, and a public hearing notice was published in the South County Eagle & Times newspaper on June 8, 2023.

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 a ground floor commercial tenant space and eight (8) residential condominium units. The business would service local residents and the tourist population, contributing to the general well-being of the neighborhood and community and meeting the intent of the land use designation.

The General Plan and Local Coastal Plan encourages vertical mixed-use buildings with designs that reduce vehicular use/demand in the Seacoast Drive and commercial/mixeduse 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). Imperial Beach Municipal Code Section

19.48.050.J, reduction of parking may be proposed for mixed-use development of multiple-family residential over commercial use, by up to twenty-five percent to reduce the

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demand for vehicle usage and promote commercial development. The project has incorporated the following transportation demand management strategies:
• Public bicycle racks (for eight bicycles)
• Private covered hanging bicycle racks (commercial and residential tenant use only)
• Map of the bike routes
• Bus route and schedule signage would be posted to encourage transit use and pedestrian/bike (multimodal) use
• One (1) electric bike will be provided per residential unit (8 total) with a builtin charging station • On all long-term residential leases, there will be language for reduced rent (10%) for tenants who do not need a parking space
• Any and all short-term rental tenants will receive one voucher for e-bike rental for each stay
• Any commercial lease will include language for the property owner to provide two (2) permanent bus passes for commercial tenant for employees’ use
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.

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 Vertical mixed-use buildings with a ground floor commercial space and residential units are a permitted use 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 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.

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existing buildings and construct vertical mixed-use building with ground floor commercial and eight (8) residential condominium units. To increase the available housing stock within the community while providing commercial space to enhance the pedestrian corridor and stimulate the local economy, the project is proposing the density bonus providing eight (8) residential units instead of the seven (7) that would typically be allowed.

Regarding the increase in building height requirements with approval of a conditional use permit (from 30’ to 35’), the project is providing a building height of 34’-2” in height as it would accommodate the floor to ceiling height of 15’ for the ground floor commercial space and provide adequate roof top screening for mechanical equipment locating on the roof, benefitting the surrounding neighborhood. Additionally, there are extraordinary circumstances due to the location of the property and its proximity to the beach. The increase in height is not detrimental to adjacent property and does not adversely affect the General Plan or Local Coastal Program.

Regarding parking for the project, the 2,700 square foot commercial building would generally require three parking spaces and the eight (8) residential units would require 12 parking spaces. However, the project is proposing a 25% reduction of required off-street parking for a total of 11 parking spaces 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 the proposed layout with ground floor commercial space.

The inclusion of the ground floor commercial space 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, the project is providing residential units above the ground floor commercial as a vertical mixed-use building, consistent with the municipal code (IBMC 19.48.050.J), therefore, a reduction of parking may be proposed. In addition, the project is proposing the implementation of transportation demand management strategies to reduce the demand for vehicle usage. The applicant is proposing the following transportation demand management strategies:
• Public bicycle racks (for eight bicycles)
• Private covered hanging bicycle racks (commercial and residential tenant use only)
• Map of the bike routes
• Bus route and schedule signage would be posted to encourage transit use and pedestrian/bike (multimodal) use
• One (1) electric bike will be provided per residential unit (8 total) with a builtin charging station • On all long-term residential leases, there will be language for reduced rent (10%) for tenants who do not need a parking space
• Any and all short-term rental tenants will receive one voucher for e-bike rental for each stay
• Any commercial lease will include language for the property owner to provide two (2) permanent bus passes for commercial tenant for employees’ use
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

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shall be revisited and revised at the expense of the property owner if determined necessary by the City.

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.

Vertical mixed-use buildings with a ground floor commercial space and residential units is a permitted use 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 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 the increase in density, the increase in the building height, and a reduction in the off-street parking requirements. The project is located on an existing 10,608 square foot lot that is occupied by a detached commercial building and two detached residential duplexes. The applicant intends to demolish the existing buildings and construct a vertical mixed-use building with ground floor commercial space and eight (8) residential condominium units. To increase the available housing stock within the community while providing commercial space to enhance the pedestrian corridor and stimulate the local economy, the project is proposing the density bonus providing eight (8) residential units instead of the seven (7) that would typically be allowed.

Regarding the increase in building height from 30’ to 35’, the project is providing a building height of 34’-2” in height as it would accommodate the floor to ceiling height of 15’ for the ground floor commercial space and provide adequate roof top screening for mechanical equipment locating on the roof, benefitting the surrounding neighborhood. Additionally, there are extraordinary circumstances due to the location of the property and its proximity to the beach. The increase in height is not detrimental to adjacent properties and does not adversely affect the General Plan or Local Coastal Program.

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Imperial Beach City CouncilJune 21, 2023

Imperial Beach City Council
June 21, 2023