Agenda packet — Imperial Beach City Council, August 16, 2023 (part 1 of 3)

City Council Agenda
Closed Session Meeting - 4:30 p.m. & Regular Meeting - 6:00 p.m.

Wednesday, August 16, 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.

Foreign language and American Sign Language interpretation services are now available for City Council meetings. Contact the City Clerk’s office at (619) 628-2347 or TTY 711 by noon on Monday, August 14, 2023.

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 CLOSED SESSION TO ORDER

2. ROLL CALL

3. CLOSED SESSION

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, Fire Chief
Employee Organization: SEIU, Local 221
Reconvene and announce action (if appropriate)

4. ADJOURN CLOSED SESSION

5. CALL REGULAR MEETING TO ORDER

6. ROLL CALL

7. PLEDGE OF ALLEGIANCE

8. REIMBURSEMENT DISCLOSURES/REPORTS ON ASSIGNMENTS AND

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

9. COMMUNICATIONS FROM CITY STAFF

10. PUBLIC COMMENT
Each person wishing to address the City Council regarding items not on the posted agenda may do so at this time. In accordance with State law, Council may not take action on an item not scheduled on the agenda. If appropriate, the item will be referred to the City Manager or placed on a future agenda.

11. PRESENTATIONS

11.a CONSIDERATION OF PROCLAMATION FOR PRIDE INDUSTRIES. (0410- 30)
7 Recommendation:

Consider proclamation.

11.b RECOGNITION OF CITY OF IMPERIAL BEACH STAFF
ACCOMPLISHMENTS. (0410-30)*
*No Staff Report.

12. CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items, unless the item is removed from the Consent Calendar by action of the City Council. A Councilmember or member of the public may make a comment on any item on the Consent Calendar.

Recommendation:

To approve Consent Calendar Item Nos. 12.a through 12.l.

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12.a APPROVAL OF CITY COUNCIL MEETING MINUTES. 9
Recommendation:

That the City Council approves the Regular Meeting Minutes of June 21, 2023, and August 2, 2023.

12.b RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM JULY 22, 2023, TO AUGUST 4, 2023. (0300-25)
33 Recommendation:

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

12.c RESOLUTION 2023-65 CONTINUING THE PROCLAMATION OF A STATE OF LOCAL EMERGENCY RELATING TO IMPACTS FROM CROSSBORDER POLLUTION IN THE TIJUANA RIVER. (0150-40 & 0210-26) 44 Recommendation:

Adopt Resolution No. 2023-65 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 Council members to work with local, State, Federal, and Mexican authorities to advance binational projects to improve conditions in the Tijuana River.

12.d SECOND READING AND ADOPTION OF ORDINANCE 2023-1234 AMENDING CHAPTER 16.12 OF THE IMPERIAL BEACH MUNICIPAL CODE RELATED TO WATER EFFICIENT LANDSCAPE REGULATIONS. (0620-95) 49 Recommendation:

That the City Council conduct the second reading, waive further reading, and adopt Ordinance No. 2023-1234, amending Chapter 16.12 of the Imperial Beach Municipal Code.

12.e ORDINANCE NO. 2023-1233 ADOPTING REGULATIONS FOR THE RETAIL SALE OF FIREARMS/AMMUNITION; AND A CEQA EXEMPTION. (0260-38) 83 Recommendation:

City Staff recommends that the City Council conduct the second reading and adopt Ordinance No. 2023-1233 by title only.

12.f NOTIFICATION OF TRAVEL AND DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE & EXPO:

SEPTEMBER 20-22, 2023. (0140-10 & 0410-60)
102
Recommendation:

That City Council designates Councilmember McKay as the voting delegate for the 2023 League Annual Conference Business Meeting and

1. That the City Council directs the City Clerk to complete and submit a Voting Delegate/Alternate Form to the League's office by Monday, August 28, 2023.

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12.g PROJECT APPROVAL EXTENSION REQUEST FOR DEL TACO; CUP-21- 0003; DRC-21-0016; SPR-21-0017; FOR CONSTRUCTION OF A NEW DEL

TACO RESTAURANT WITH A DRIVE-THROUGH AND OUTDOOR PATIO
SEATING AREA AT 1333 PALM AVENUE (APN 627-011-19-00). (0600-20) 104
Recommendation:

That the City Council adopt Resolution No. 2023-67 approving a six (6) month time extension for the Project Approval as set for in Resolution No. 2022-66 which included Conditional Use Permit (CUP-21-0003), Design Review Case (DRC-21-0016), Site Plan Review (SPR-21-0017), & Categorical Exemption pursuant to CEQA guidelines section 15332 (In-fill Development) for a new Del Taco restaurant with a drive-through facility and outdoor patio seating area at 1333 Palm Ave (APN 627-011-19-00) in the C/MU-1 (General Commercial and Mixed Use) Zone on the Zoning Map subject to the conditions as specified in Resolution No. 2022-66 (Attachment 4 of the staff report).

12.h RESOLUTION NO. 2023-62 AND SA-23-86 APPROVING AND ADOPTING

THE AMENDMENTS TO CITY OF IMPERIAL BEACH INVESTMENT POLICY

AND DELEGATING THE CITY TREASURER THE AUTHORITY TO INVEST AND REINVEST. (0350-95 & 0418-95)
142
Recommendation:

Approve and adopt Resolution No. 2023-62 by the City Council and SA-23-86 by the Successor Agency authorizing the amendments to the City of Imperial Beach Investment Policy and delegating to the City Treasurer the authority to invest and reinvest the City’s financial assets.

12.i CONSIDERATION OF RESOLUTION 2023-70 REQUESTING A BUDGET AMENDMENT FOR FY 2023/24 AND FY 2024/25 FOR SENIOR
COMMUNITY CENTER SHADE AND PATIO FURNITURE. (0300-20 & 0930- 20)
194
Recommendation:

Consideration of Resolution 2023-70 approving a budget amendment from FY 2024/25 to FY 2023/24 for the Senior Community Center shade and patio furniture project.

12.j AUTHORIZATION FOR THE FILING OF AN APPLICATION FOR THE HOUSING ACCELERATION PROGRAM (HAP) CYCLE 2 GRANT FUNDS

FROM THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND
ACCEPTING THE TERMS OF THE GRANT AGREEMENT. (0660-05)
197
Recommendation:

That the City Council adopt Resolution Number 2023-66 authorizing the City to submit a grant application for the HAP Grant for the Imperial Beach Housing Acceleration and Support Program for $650,000, for the City Manager, or designee thereof, to execute all documents and take any actions necessary and appropriate to carry out the intent of this resolution accepting the grant funds awarded by SANDAG and authorizing the City Manager or designee to make required budget adjustments to accommodate the grant funds and project expenditures.

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12.k CONSIDERATION OF A SPECIAL EVENT APPLICATION FOR THE USE OF

PIER PLAZA, IMPERIAL BEACH PIER AND SEACOAST DRIVE BY SAN DIEGO AIR COOLED FOR AIR COOLED FIESTA X. (1040-10)
202
Recommendation:

Staff recommends the City Council consider the request by the San Diego Air Cooled applicant for the Air Cooled Fiesta X on Sunday, September 24, 2023 at Pier Plaza, Imperial Beach Pier and Seacoast Drive.

12.l RESOLUTION 2023-64 APPROVING A MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY AND THE IMPERIAL BEACH
FIREFIGHTERS’ ASSOCIATION, LOCAL 4692. (0540-50)
213
Recommendation:

Staff recommends adoption of Resolution 2023-64 approving the Memorandum of Understanding with the Imperial Beach Firefighters’ Association.

13. ORDINANCES/INTRODUCTION & FIRST READING
None.

14. PUBLIC HEARINGS

14.a CONSTRUCTION OF A MIXED-USE BUILDING WITH GROUND FLOOR COMMERCIAL SPACE & 12 RESIDENTIAL UNITS (TWO VERY-LOW
INCOME) & CEQA GUIDELINES EXEMPTION SECTION 15332 AT 981 & 983 CALLA AVENUE USE-22-0100. (0600-20)
244
Recommendation:

That the City Council hold the public hearing; consider public input, and adopt Resolution 2023-68, approving Regular Coastal Permit (CP-22-0016), Design Review Case (DRC-22-0030), Site Plan Review (SPR-22-0031), and categorical exemption pursuant to the California Environmental Quality Act (CEQA) guidelines 15332 Class 32 (In-Fill Development Projects) at 981 & 983 Calla Avenue (APN 626-221-24-00) in the C/MU-1 (General Commercial and Mixed-Use) Zone subject to the conditions as specified in the attached resolution.

15. REPORTS

15.a DISCUSSION AND ADOPTION OF RESOLUTION 2023-69 DENOUNCING

ANY MODIFICATIONS OF SERVICE OR OPERATIONS TO THE IMPERIAL BEACH POST OFFICE. (0150-40)
299
Recommendation:

City Council discussion and adoption of Resolution No. 2023-69 to denounce any modifications of service or operations to the Imperial Beach Post Office.

15.b INVESTMENT UPDATE PRESENTED BY CHANDLER ASSET
MANAGEMENT. (0350-90)
302
Recommendation:

Staff recommends the City Council receive and file the investment update report from Chandler Asset Management.

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15.c CONSIDER SAN DIEGO COUNTY GRAND JURY REPORT ON

GOVERNANCE OF SAN DIEGO BAY AND ITS TIDAL LANDS AND

REGIONS AND AUTHORIZE THE MAYOR TO SIGN A RESPONSE LETTER ON BEHALF OF THE MAYOR AND CITY COUNCIL. (0440-25)
303
Recommendation:

Adopt Resolution 2023-71 (Attachment 1 of the staff report) authorizing the Mayor to sign a response letter to the San Diego County Grand Jury Report on behalf of the Mayor and City Council.

15.d FISCAL YEAR 2022-23 FINANCIAL UPDATE, CONSIDERATION OF RESOLUTION 2023-63 RATIFYING PREVIOUS ACTIONS OF THE CITY COUNCIL IN RELATION TO THE FY 2022-23 BUDGET, AND
CONSIDERATION OF AN ADDITIONAL AMENDMENT TO THE FY 2022-23 BUDGET. (0330-30)
328
Recommendation:

Staff recommends that the City Council receive and file the preliminary financial update report and adopt Resolution 2023-63 ratifying and consolidating previous actions of the City Council related to the City of Imperial Beach Budget and approving additional amendments to the FY 2022- 23 Budget.

15.e CODE COMPLIANCE ENFORCEMENT DISCUSSION. (0470-95) 344 Recommendation:

That the City Council provide guidance and direction regarding implementation of code compliance enforcement.

16. I.B. REDEVELOPMENT AGENCY SUCCESSOR AGENCY REPORTS
See Consent Calendar Item 12.h.

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

18. CITY COUNCIL FUTURE AGENDA REQUESTS

19. ADJOURN REGULAR MEETING

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P a g e | 1
August 16, 2023
ITEM TITLE: CONSIDERATION OF PROCLAMATION FOR PRIDE INDUSTRIES. (0410-30) ORIGINATING DEPARTMENT:

Public Works
RECOMMENDATION:

Consider proclamation.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

No fiscal impact associated with this report.

ATTACHMENTS:

ATT 1 - Proclamation for PRIDE Industries

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PRIDE INDUSTRIES
WHEREAS, for nearly 25 years, PRIDE Industries has provided meaningful employment and training services for people with disabilities for the City of Imperial Beach; and WHEREAS, through personalized employment services, PRIDE Industries helps individuals realize their true potential and lead more independent lives. PRIDE Industries proves the value of its inclusive workforce model through operational success across multiple industries every day; and WHEREAS, disability service workers are valued for the positive impact their work has on the lives of people with disabilities and their families; and
WHEREAS, PRIDE Industries employees serve the Imperial Beach community by removing trash from the beach, street, gutters, sidewalk, assisting with winter storm clean ups, and shoveling and sweeping sand; and
WHEREAS, PRIDE Industries employees that are assigned to work in our city have served the community of Imperial Beach for many years; and
WHEREAS, the City of Imperial Beach would like to recognize Thomas Warkentin for serving the city for 20 years, Samuel Alarcon for serving 12 years, and Anna Laura Diaz Medina for serving the community for 5 years.

NOW, THEREFORE, BE IT RESOLVED, that I, Paloma Aguirre, Mayor of the City of Imperial Beach, California, together with the City Council, take great pleasure in recognizing and honoring PRIDE Industries and their employees for their exemplary dedication and efforts serving the Imperial Beach community.

Dated: August 16, 2023
_________________________
Paloma Aguirre, Mayor
Attachment 1

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P a g e | 1
August 16, 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 21, 2023, and August 2, 2023.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT: No Fiscal impact associated with this item.

ATTACHMENTS:

ATT 1 - 06-21-23 Regular Meeting Minutes_DRAFT
ATT 2 - 08-02-23 Regular Meeting Minutes_DRAFT

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ATTACHMENT 1
1 CITY OF IMPERIAL BEACH

CITY COUNCIL

REGULAR MEETING MINUTES
June 21, 2023, 6:00 p.m.

Council Chambers
825 Imperial Beach Boulevard
Imperial Beach, CA 91932

Present: Mayor Aguirre, Mayor Pro Tem Leyba-Gonzalez, Councilmember McKay, Councilmember Seabury, Councilmember Fisher
Staff City Manager Foltz, Chief Administrative Officer Cortez-Martinez, City Attorney Lyon, City Clerk Kelly, Community Development Director Openshaw, Public Works Director Larios, Assistant Public Works Director Minicilli, City Planner/Management Associate Ayala, IT Manager Santos
The City Council also sits as the Imperial Beach Planning Commission, Public Financing Authority, and Imperial Beach Redevelopment Agency Successor Agency. _____________________________________________________________________

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

2. ROLL CALL
City Clerk Kelly took roll.

3. PLEDGE OF ALLEGIANCE
Chief Administrative Officer Cortez-Martinez led the Pledge of Allegiance.

4. REIMBURSEMENT DISCLOSURES/REPORTS ON ASSIGNMENTS AND

COMMITTEES
Councilmember Fisher
 SANDAG Board Meeting
 Surfrider/SANDAG Beach Clean-up
Councilmember Seabury
 VFW Beach Clean-up
 Ribbon Cutting for Veterans Park new playground
 Surfrider/SANDAG Beach Clean-up
 Age Friendly Session in Imperial Beach

Page 10 of 351 ends

ATTACHMENT 1
2 Councilmember McKay
 Ribbon Cutting for Veterans Park new playground
 IB Arts Bureau art installation at the Library
 City Council Ad-hoc Campaign Finance Committee met with the Deputy District Attorney
Mayor Pro Tem Leyba-Gonzalez
 MTS Closed Session Meeting
Mayor Aguirre
 Meeting with the Office of Attorney General to brief her on the City's Sewage Crisis  MTS Board of Directors Meeting
 Ribbon Cutting for Veteran's Park new playground
 Annual Pow Wow by the Sea
 Press Conference to call on the State and Federal Governments to issue a State of Emergency
 USD Institute for Non-profit Quality of Life Dashboard Report Launch

5. COMMUNICATIONS FROM CITY STAFF
CAO Cortez-Martinez announced an upcoming outreach meeting for Campaign regulations.

City Manager Foltz announced:
 Residents are receiving letters from Service Line Warranties of America offering insurance to repair or replace broken, leaking or clogged water/sewer lines. He said the City authorized the sending out of letters and explained why the City opted into this program.
 American Water Resources also sent out letters for optional water service line repair.
 He thanked Jerry Gloria in the Tidelands Division for making the Encanto Ave. street end more accessible.
 He spoke about the City getting hit by a lot of graffiti and thanked Public Works staff for the quick cleanup.
 He announced there will be no City Council meetings in July.  He recommended pulling Item 8.f for discussion after the Consent Calendar and moving Item 11.a directly after Presentations.

Motion by Mayor Pro Tem Leyba-Gonzalez
Seconded by Councilmember McKay
To pull Item 8.f for discussion after the Consent Calendar and to move Item 11.a after Presentations.

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

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ATTACHMENT 1
3 6. PUBLIC COMMENT
 Mary Davis: Expressed concern about electric vehicle and lithium ion battery fires and encouraged the City to track data associated with this issue.  Dave Ray: Representing the IB Chamber of Commerce, reported on past and upcoming Chamber events.
 Lynne Fischer: Spoke about an article in the IB Eagle and Times that was written by Councilmember Seabury.
 Matthew Daum: Thanked City Manager Foltz for recognizing staff for their hard work. He announced labor union negotiations are coming up, that he wants to see great change, and that it should be fair and equitable.  Josie Hamada: Announced that she can now ride the bus and she thanked IB Shuffling for providing transportation services during the hard times because of MTS, and she said Juneteenth should be celebrated by the City.  Mark Williams: Said the City is plagued by litter. He suggested that the City conduct code enforcement around dumpsters throughout town and have volunteer programs in place to assist with the matter.
 Carmelita Trujillo: Thanked the City for hosting the Mars Wrld Teen Empowerment and Wellness Resource Fair of 2022 and recognized the various organizations that participated in making the event a success. She spoke about preparation efforts for the 2023 event.

7. PRESENTATIONS

7.a SAN DIEGO COMMUNITY POWER PRESENTATION BY CEO KARIN BURNS.

CEO Karin Burns, of SD Community Power, gave a PowerPoint presentation.

Public comment: Anna Webb
Councilmember Fisher and Mayor Aguirre shared positive remarks, SDCP was encouraged to support/partner with IB Shuffling for their community benefit work in providing a low impact mode of transportation, and there was a suggestion for SDCP to sponsor the holiday light event at Pier Plaza.

8. CONSENT CALENDAR
Mayor Pro Tem Leyba-Gonzalez and Councilmember Seabury left Council Chambers at 7:17 p.m.

No Public Comments.

Motion by Councilmember Fisher
Seconded by Councilmember McKay
To approve Consent Calendar Item Nos. 8.a through 8.e, 8.g and 8.h.

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ATTACHMENT 1
4 AYES (3): Mayor Aguirre, Councilmember McKay, and Councilmember Fisher ABSENT (2): Councilmember Seabury, and Mayor Pro Tem Leyba-Gonzalez Motion Carried (3 to 0)

8.a APPROVAL OF CITY COUNCIL MEETING MINUTES.

City Council approved 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)
City Council ratified and filed the Warrant Register Report.

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

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)
Adopted 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) City Council conducted the second reading, waived further reading, and adopted Ordinance No. 2023-1228 amending Chapters 1.12, 1.16 and 1.22 of the Imperial Beach Municipal Code.

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)
Adopted 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.

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

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ATTACHMENT 1
5 Adopted Resolution No. 2023-57 to authorize the appropriation of $113,200 to the Project budget.

13. ITEMS PULLED FROM THE CONSENT CALENDAR

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)
Mayor Pro Tem Leyba-Gonzalez and Councilmember Seabury returned to the Council Chambers at 7:20 p.m.

City Manager Foltz gave a PowerPoint presentation.

Written Public Comments provided by: Dane Crosby, Vee, Astin Delacour, Court Patton, Ilian Sandoval, Lyle Pavuk, Jessica Roach, Patti Boman, Tim Black, Mary Tamburro, Corey Ruhl, and Mike Hess.

Public Comments provided by Danielle Richardson, Lauren Gaw, Indigo Curtis, Jason Stockberger, and Gary Banuelos.

Mayor Aguirre called a recess at 7:37 p.m. and called the meeting back to order at 7:47 p.m. with all Councilmembers present.

Additional Public Comments provided by Araceli Villa, Mike Harris, and Mary Davis.

City Council discussion ensued. Comments included: The applicant is required to notify the surrounding businesses and residents; No fees are to be waived; Water to be made available to attendees; Recycling bins should be available; As a condition for approval, report back to City Council on how the proceeds benefited the children (how much was raised, how much was donated to Oncology and Kids, and how the kids benefitted); It was suggested that Hess propose a different site next year; Staff to work with the applicant to, at the maximum extent possible, move back the fence line to make available the right of way for the public who is not participating in the event.

Motion by Mayor Pro Tem Leyba-Gonzalez
Seconded by Councilmember Seabury
To approve the request from the HessFest XIII event applicant to activate Pier Plaza as an event venue on Saturday, August 12, 2023.

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

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ATTACHMENT 1
6 9. ORDINANCES/INTRODUCTION & FIRST READING
None.

10. PUBLIC HEARINGS

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).

Mayor Aguirre declared the Public Hearing open.

Community Development Director Openshaw gave a PowerPoint presentation.

Written Public Comments provided by: Castle W. Phelps, Corey Simone, Marg Stark, Eugene Kocherga, Ken May, Jon Palmieri & Cara Clancy, Sandra Brillhart, Arukom Harrell, Ron Remlinger, Nolan Remlinger, Keith Ridgeway Mayor Aguirre announced 10 comments were in support and 1 comment was in opposition.

Public comment:

Mark Williams expressed concern about the lack of parking.

Randi Fairweather acknowledged parking concerns, supported short term rentals, and supported the project.

Cathy Iacometti supported the project.

Eugene Kocherga supported the project.

Veronica Moyse supported the project.

Larry Zajone opposed the size of the building and expressed concern with parking.

Maddy Schwartz supported the project but expressed concern with the size and impacts to her view.

Brent Schwartz supported the project but expressed concern with the size and height of the building. He asked that everyone on Donax also benefit from the short-term rental rules, that the view from his home be respected, that the homes also be able to build up to 35ft and that the developer should also be required to have step-backs off of Donax and Seacoast.

Chris McKanry supported the project.

Andrew Chance supported the project.

Councilmember Fisher expressed concern about the density of the project.

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ATTACHMENT 1
7 Councilmember Seabury expressed concern about projects taking away parking and decreasing the quality of life for residents. She questioned if homeowners will get the same opportunities as the developer to make their property short-term rentals or be able to construct their building higher.

Community Development Director Openshaw explained the adjacent location is a residential zone which has different zoning standards, short-term rentals are not an allowed use in that zone, and the building height is different as well. She responded to questions regarding maintenance of the landscaping.

Mayor Aguirre suggested that bus passes be offered to any employee who requests one, she is sympathetic to the people who are concerned with parking, she supported the sidewalk be widened to 8 feet, she suggested replacement of the toxic trees with Golden Bells. She suggested that the conditions for development be recorded so future buyers of the property are aware of them.

City Manager Foltz provided a history of the City's zoning.

Councilmember Seabury stated that she feels for the 112 residents who signed the petition against the proposed development.

Councilmember Fisher recommended that the effects of short-term rental be reassessed in 2 years instead of 5 years.

Without descension of the City Council, Mayor Aguirre closed the public hearing.

Motion by Councilmember McKay
Seconded by Councilmember Fisher
To 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 with the conditions that were stated during the meeting.

AYES (4): Mayor Aguirre, Mayor Pro Tem Leyba-Gonzalez, Councilmember McKay, and Councilmember Fisher
NOES (1): Councilmember Seabury
Motion Carried (4 to 1)

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ATTACHMENT 1
8 10.b OTAY LAKES BREWERY LLC/NOVO BRAZIL (APPLICANT)/CCC BEVERAGE COMPANY LLC (OWNER); CONDITIONAL USE PERMIT (CUP-23-0001), & CATEGORICAL EXEMPTION PER CEQA GUIDELINES SECTION 15301 FOR LIVE ENTERTAINMENT AT 535 FLORENCE STREET. USE-23-0029. (0600-20) Mayor Aguirre declared the public hearing open.

City Planner/Management Associate Ayala gave a PowerPoint presentation.

Written public comments were submitted by Sandra Brillhart and Michael Bixler.

Mayor Aguirre announced 1 comment was in support and 1 comment was in opposition.

Councilmember Seabury expressed concern about impacts to the nesting season for the Least Terns. She suggested that there be no amplified music during nesting season and only have acoustic music on school nights (Wednesday and Thursday).

Councilmember Fisher suggested that the outside music face towards the restaurant rather than the bay.

Mayor Aguirre thanked the applicant for being tremendous community partners.

She also expressed concern with impacts to the nesting season and supported no amplified music on school nights.

Without descension of City Council, Mayor Aguirre closed the public hearing.

Motion by Councilmember Fisher
Seconded by Mayor Pro Tem Leyba-Gonzalez
To 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, with the recommended changes in the requirements.

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

11. REPORTS

11.a PROPOSED EAGLE SCOUT PROJECT PRESENTATION FOR PARKWAY IN FRONT OF ONEONTA ELEMENTARY SCHOOL. (0920-05)
Assistant Public Works Director Minicilli introduced the item.

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ATTACHMENT 1
9 Miles Harris and Thomas DeFay, Eagle Scout candidates, gave a PowerPoint presentation on their proposed project. They passed around sample project materials.

Public comment: Gilberto Vera and Gilberto Bernal, from Pachucos Car Club Tijuana, thanked the City for letting them hold a car show in Imperial Beach and donated $750 to the City.

City Council discussion ensued and there was suggestion to use the donation for this project.

Motion by Councilmember Seabury
Seconded by Councilmember Fisher
To approve the project and authorize the City Manager or designee to sign the Eagle Project plan and advance the project for construction.

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

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)
City Manager Foltz gave a PowerPoint presentation.

Written public comments were submitted by Sandra Brillhart.

Councilmember Fisher stated that it would cost the City $15,000 per month or $561 per hour to use the high school pool. He stressed that this is not the Mar Vista pool of yesteryear that many residents recall. Usage of the pool is limited, and he is thankful for the 90-day termination clause. He hopes the Sweetwater School District understands the community's need for a pool. He wanted monitored use of the pool to make sure this amenity makes sense for this community. He suggested that this item return to City Council in six months to see if the pool is a benefit for the entire community and not just a handful of people.

Councilmember McKay agreed with Councilmember Fisher's suggestion to look at the use of the pool in the future to see if there is value to the community.

Mayor Aguirre stated that City Council has a fiduciary responsibility to make sure that the City is spending public resources responsibly and intelligently. She noted that there are competing interests for funding. It is important to track how much it is used and if only a handful of people are using the pool, then tough choices need to be made and the large expense reassessed. She suggested that EXOS track the usage and agreed that this matter should return to City Council in six months.

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ATTACHMENT 1
10 Motion by Councilmember Seabury
Seconded by Councilmember McKay
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 with the recommended additions to the resolution.

AYES (5): Mayor Aguirre, Mayor Pro Tem Leyba-Gonzalez, Councilmember McKay, Councilmember Seabury, and Councilmember Fisher
Motion Carried (5 to 0)
Motion by Councilmember McKay
Seconded by Councilmember Fisher
To continue the City Council meeting past 10:00 p.m.

AYES (4): Mayor Aguirre, Councilmember McKay, Councilmember Seabury, and Councilmember Fisher
NOES (1): Mayor Pro Tem Leyba-Gonzalez
Motion Carried (4 to 1)
Mayor Aguirre called a recess at 9:34 p.m. and called the meeting back to order at 9:39 p.m. with all Councilmembers present.

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)
Community Development Director Openshaw gave a PowerPoint presentation.

Written public comments were submitted by Bethany Case, Sandra Brillhart, Veronica Baker, Brooke Truesdale, San Diegans for Gun Violence Prevention, and Carol Landale.

Public Comments by Michael Schwartz, Mark Williams, Kim Frink, Stephanie Gilreath, Mary Davis, Rita Davidson, Liisa Thomas, Lisa Bodenburg, and Ralph Caluso.

Councilmember Seabury favored the location of the business, stated that State and Federal laws are very strict, spoke in support for women being able to obtain a firearm locally.

Councilmember Fisher clarified that the item before City Council is not about any particular business. The item is a moratorium to help the City create an ordinance that will cover any business of this type that wants to open. He spoke in support for taking the time to carefully craft an ordinance yet don't put excessive

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ATTACHMENT 1
11 requirements on any businesses in the community beyond what governs them. He noted that this will govern any business of this type that opens in this City until the policy is changed.

Mayor Aguirre stressed that the City Council is not debating Second Amendment Rights or questioning the character of the applicant. She asked the public to give the City time to figure out what is best for the Imperial Beach community.

In response to Councilmember McKay, City Manager Foltz responded staff can return with a draft ordinance or discussion points depending on Council's direction.

City Attorney Lyon reviewed the process for urgency ordinances.

City Council discussion ensued regarding the process.

Mayor Aguirre stressed this is a very important decision, that this is something that has never been crafted in the City and the City needs to make sure it is done right and that it benefits the community.

City Clerk Kelly read the title of Ordinance No. 2023-1231, "AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH PURSUANT TO GOVERNMENT CODE SECTION 65858(A) IMPOSING A MORATORIUM ON

THE ESTABLISHMENT OF NEW RETAIL USES ENGAGED IN FIREARM OR AMMUNITION SALES."
Motion by Mayor Pro Tem Leyba-Gonzalez
Seconded by Councilmember Fisher
To waive further reading in full and adopt Interim Urgency Ordinance No. 2023- 1231 imposing a moratorium on new retail establishments selling firearms or ammunition by title only.

AYES (4): Mayor Aguirre, Mayor Pro Tem Leyba-Gonzalez, Councilmember McKay, and Councilmember Fisher
NOES (1): Councilmember Seabury
Motion Carried (4 to 1)

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)
Public Works Director Larios gave a PowerPoint presentation and he responded to questions of City Council.

There were no public comments.

Motion by Councilmember Seabury
Seconded by Mayor Pro Tem Leyba-Gonzalez

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ATTACHMENT 1
12 To 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.

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

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)
Chief Administrative Officer Cortez-Martinez gave a PowerPoint presentation.

There were no public comments.

City Council held discussion in support of the item.

Motion by Mayor Pro Tem Leyba-Gonzalez
Seconded by Councilmember Seabury
To 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.

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

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)
Information Technology Manager Santos gave a PowerPoint presentation and responded to questions from the City Council regarding the number of cameras, access, and storage.

There were no public comments.

Motion by Councilmember Seabury
Seconded by Councilmember Fisher

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ATTACHMENT 1
13 To 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.

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

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

13. ITEMS PULLED FROM THE CONSENT CALENDAR
See Item No. 8.f.

14. CITY COUNCIL FUTURE AGENDA REQUESTS
None.

15. ADJOURN REGULAR MEETING
Mayor Aguirre adjourned the Regular Meeting at 10:49 p.m.

Jacqueline M. Kelly, MMC
City Clerk
Paloma Aguirre
Mayor

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ATTACHMENT 2
1 CITY OF IMPERIAL BEACH

CITY COUNCIL

REGULAR MEETING MINUTES
August 2, 2023, 6:00 p.m.

Council Chambers
825 Imperial Beach Boulevard
Imperial Beach, CA 91932

Present: Mayor Aguirre, Mayor Pro Tem Leyba-Gonzalez, Councilmember McKay, Councilmember Seabury, Councilmember Fisher
Staff Chief Administrative Officer Cortez-Martinez, City Attorney Lyon, City Clerk Kelly, Finance Director Gitmed, City Planner/Management Associate Ayala, Associate Planner Pua
The City Council also sits as the Imperial Beach Planning Commission, Public Financing Authority, and Imperial Beach Redevelopment Agency Successor Agency. _____________________________________________________________________

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

2. ROLL CALL
City Clerk Kelly took roll.

3. PLEDGE OF ALLEGIANCE
Girl Scout Troop 6507 and Nicole Nessman with Girls Scout Troop 6166 led the Pledge of Allegiance.

4. REIMBURSEMENT DISCLOSURES/REPORTS ON ASSIGNMENTS AND

COMMITTEES
Councilmember Fisher
 4th of July Fireworks
 Mayor's Breakfast
 Roller Rink at the Beach
 South County Economic Development Council (SCEDC) has a new Chairperson  SANDAG CEO Hasan Ikhrata tendered his resignation

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ATTACHMENT 2
2 Councilmember Seabury
 Went on a Fire truck ride along
 29th Annual Law Enforcement Recognition and Awards Night  SCEDC Meeting - Outgoing Presentation for Chair Patricia Alvarez  Mayor's Breakfast
 Tour of EDCO's Recycling Facility in Escondido
 Chamber of Commerce Meeting
 Raising of the Coast Guard Flag
 National Night Out
Councilmember McKay
 Tour of EDCO's Recycling Facility in Escondido
 Sheriff's Crime Lab Presentation
 Mayor's Breakfast
 Raising of the Coast Guard Flag
Mayor Pro Tem Leyba-Gonzalez
 He and the Mayor visited the Eagle Scout Project at Oneonta Elementary School  Suncoast Farmers Market
 MTS Board of Directors Meeting
 SANDAG Board of Directors Meeting
Mayor Aguirre
 Meeting with SDG&E CEO Caroline Winn and Mayors throughout SD County  County Board of Supervisors Declaration of State of Emergency, along with Councilmember Fisher
 Senate Judiciary Committee Meeting in support of AB1472  First Campaign Reform Ad Hoc Sub Committee Workshop, along with Councilmember McKay
 4th of July Fireworks
 Participated on a panel convened by the San Diego Chamber of Commerce, spoke on sewage emergency
 CA Coastal Commission meeting where she gave an update on the sewage crisis  Suncoast Farmers Market with Councilmember Fisher where they collected letters supporting the declaration of emergency
 Met with the Secretary of the Natural Resources Agency, the Secretary for CalEPA, and the Chair of the Coastal Commission to discuss the need to declare a state of emergency
 Sheriff's Department Contracting Cities Retreat, along with Councilmember McKay  Mayor's Breakfast and Pop-Up Skate
 Installation of new Board of Directors of the IB Chamber of Commerce  SD Community Power Board of Directors meeting
 National Night Out
 She gave a summary of the efforts made in asking for a state of emergency to address the sewage crisis. She said this Council will fight tooth and nail to make sure the Governor and President make the declaration.
 She explained why the state and federal declarations of emergency are needed for funding purposes.

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ATTACHMENT 2
3  A Coffee with the Mayor and Lieutenant will be held soon to discuss public safety strategies and how to come together as a community.
 She is co-hosting a Fentanyl Awareness Forum with District Attorney Summer Stephan and Chair Nora Vargas on August 8 at 6:00 pm at the Mar Vista High School Gymnasium

5. COMMUNICATIONS FROM CITY STAFF
City Clerk Kelly announced the City is now offering foreign language and ASL interpreting services at City Council meetings
City Planner/Management Associate Ayala announced CalTrans and SANDAG are working to develop a new application that will provide real-time updates on the current wait times for the San Ysidro and Otay ports of entry. She announced SANDAG launched their outreach efforts on the 2025 Regional Plan. She encouraged everyone to provide feedback on transportation improvements needed to help people get around.

Parks and Recreation Director Bullock announced the Marine Corp Band will have a free concert in Veterans Park on August 5 at 6:30 p.m.

6. PUBLIC COMMENT
Written public comments were submitted by Sandra Brillhart and Shannon Ratliff.

Public Comments by:

Josie Hamada: Shared positive comments about the Mayor's breakfast and skating rink.

She complained about graffiti on IB Blvd. and in alleys. She suggested that all non-profits and schools be invited to participate in National Night Out to increase community participation.

Mayor Aguirre encouraged everyone to report graffiti immediately because the longer it stays up the more it attracts other graffiti. Take a picture and send it to [email protected].

Davis Francis Nagtlu: Expressed concern about dangerous situations at beach crosswalks, stating teenagers are waiting to cross the street right when cars come.

Mary Davis: Announced Narcan is available for free and it should be carried by all. She expressed concerns about SANDAG's road charge.

7. PRESENTATIONS

7.a CALIFORNIA AMERICAN WATER PRESENTATION. (0840-70)
Brian Baretto, External Affairs for California American Water gave a PowerPoint presentation. He responded to City Council's questions about the process/timing of rate increases and rate shock, the LIHWAP federally funded assistance program, the proposed monthly increase for the average residential customer, paying by credit cards, proactive efforts to replace the pipe up to Coronado,

Page 25 of 351 ends

ATTACHMENT 2
4 explained that the rate increase is for proposed infrastructure investments and purchase water costs, staffing for the projects (in-house staff or contractors), explained how the CPUC works and sets rates. He stated he will get back to the City on any rebate programs for rain barrels, and he spoke about conservation efforts by commercial customers.

There were no public comments.

Councilmember Fisher and Mayor Aguirre shared positive comments on the Multifamily Assistance Pilot Program.

8. CONSENT CALENDAR
Mayor Pro Tem Leyba-Gonzalez recused himself from participating on Item No. 8.d due to a potential conflict of interest as he represents individual members who work for the contractor.

Motion by Councilmember Fisher
Seconded by Councilmember McKay
To approve Consent Calendar Item Nos. 8.a through 8.c and 8.e.

AYES (5): Mayor Aguirre, Mayor Pro Tem Leyba-Gonzalez, Councilmember McKay, Councilmember Seabury, and Councilmember Fisher
Motion Carried (5 to 0)
Motion by Councilmember Fisher
Seconded by Councilmember McKay
To approve Consent Calendar Item Nos. 8.d.

AYES (4): Mayor Aguirre, Councilmember McKay, Councilmember Seabury, and Councilmember Fisher
Conflict (1): Mayor Pro Tem Leyba-Gonzalez
Motion Carried (4 to 0)

8.a RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM JUNE 10, 2023, TO JUNE 30, 2023. (0300-25)
City Council ratified and filed the Warrant Register Report.

8.b RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM JULY 1, 2023, TO JULY 21, 2023. (0300-25)
City Council ratified and filed the Warrant Register Report.

8.c RECEIVE TREASURER’S REPORT FOR JUNE 2023. (0300-90)

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ATTACHMENT 2
5 City Council received and filed the June 2023 Treasurer's Report.

8.d RESOLUTION NO. 2023-61 AUTHORIZING AMENDMENT NO. 1 TO INCREASE

THE CONTRACT AMOUNT TO THE ANNUAL TREE MANAGEMENT AND
MAINTENANCE SERVICES AGREEMENT WITH WEST COAST ARBORISTS. (0940-60)
Adopted Resolution No. 2023-61 authorizing the City Manager to execute Amendment No. 1 with West Coast Arborists, Inc. for a not to exceed annual amount of $200,000 and ratify the last two previous year amounts that have gone over the original contract amount of $75,000 due to operational needs.

8.e NOTIFICATION OF TRAVEL: MAYOR AGUIRRE ATTENDED THE STATE CAPITAL SENATE JUDICIARY COMMITTEE HEARING - AB 1472 ON JUNE 27, 2023. (0410-60)

9. ORDINANCES/INTRODUCTION & FIRST READING

9.a CONSIDERATION OF REPORT ON INTERIM ORDINANCE 2023-31; RESOLUTION CLARIFYING COMPATIBILITY FOR FIREARMS RETAIL USE;

URGENCY/REGULAR ORDINANCES TO ADOPT REGULATIONS FOR THE RETAIL SALE OF FIREARMS/AMMUNITION; AND A CEQA EXEMPTION. (0260-38)
Chief Administrative Officer Cortez-Martinez gave a PowerPoint presentation.

Mayor Aguirre announced an amended Attachment 4 - Exhibit A was submitted as last minute agenda information.

Written Public Comment was submitted by Sandra Brillhart in support of the item.

Public Comments provided by:

Stephanie Gilreath: Disagreed with age restrictions but appreciated the thought and effort to develop the information.

Dave Reed: Spoke in opposition to the item.

Gail Ramer: Spoke in opposition to the item.

Mary Davis: Spoke in opposition to the item.

Pat Flowers: Did not approve of the location of the shop.

Darnisha Hunter: Spoke in support of the business.

Dante Pamintuan Spoke in support of the business and opposed the ordinance.

CAO Cortez-Martinez explained that this ordinance is for the type of retail use. The age restriction details do not apply to this business but may apply to future applicants. She further stated that the City Council could amend the ordinance at any time. At this time, the ordinance satisfies the current proposed business. The

Page 27 of 351 ends

ATTACHMENT 2
6 exact location of the business cannot be disclosed at this time, however she displayed a map showing the buffer zones and the areas where the business can be located.

Councilmember Fisher was pleased that staff was able to prepare an ordinance so City Council can move forward this evening. This ordinance is not specific to one business, it is specific to this City. He further stated that the City wants businesses to not only survive but to thrive. The City Council and staff were committed to getting this done so a business could open and provide a service. He also said that if needed, City Council changes to the ordinance can be made in the future.

Councilmember Seabury found the amendment to the ordinance to be reasonable and fair. She stated that if a person is old enough to vote and join the military, then maybe that person should be old enough to go into a gun store without a parent.

Councilmember McKay commended staff for doing the unbelievable, which was a challenge to turn something around within 45 days. The City put their best forward to help the business be successful. He further stated that the misinterpretation was explained, and he was hopeful everyone understood that as long as the business is less than 50% for gun sales, then those regulations do not apply.

Mayor Pro Tem Leyba-Gonzalez spoke in support for business in Imperial Beach and looked forward to proceeding with the item.

Mayor Aguirre thanked everyone for providing comments. She commended City Council and staff for getting this done within 45 days. Other ordinances have taken 6 months to 2 years but we wanted to be respectful and accommodating to Ms.

Gilreath. She thanked Ms. Gilreath for working with staff in creating an ordinance that fits this community the best.

Motion by Mayor Aguirre
Seconded by Councilmember Seabury
To confirm the report for interim Ordinance No. 2023-1231.

AYES (5): Mayor Aguirre, Mayor Pro Tem Leyba-Gonzalez, Councilmember McKay, Councilmember Seabury, and Councilmember Fisher
Motion Carried (5 to 0)
Motion by Mayor Aguirre
Seconded by Councilmember Fisher
To adopt Resolution No. 2023-60.

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

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ATTACHMENT 2
7 Motion Carried (5 to 0)
City Clerk Kelly read the title of Ordinance No. 2023-1232 "AN URGENCY

ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF IMPERIAL BEACH,

CALIFORNIA, AMENDING THE IMPERIAL BEACH MUNICIPAL CODE TO ADD CHAPTER 4.58 FIREARMS AND AMMUNITION RETAIL ESTABLISHMENTS." Motion by Mayor Aguirre
Seconded by Councilmember Seabury
To adopt Urgency Ordinance No. 2023-1232 by title only and waive further reading, with the revised Exhibit A submitted as last minute agenda information.

AYES (5): Mayor Aguirre, Mayor Pro Tem Leyba-Gonzalez, Councilmember McKay, Councilmember Seabury, and Councilmember Fisher
Motion Carried (5 to 0)
City Clerk Kelly read the title of Ordinance No. 2023-1233 "AN ORDINANCE OF

THE CITY COUNCIL FOR THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING THE IMPERIAL BEACH MUNICIPAL CODE TO ADD CHAPTER 4.58 FIREARMS AND AMMUNITION RETAIL ESTABLISHMENTS."
Motion by Mayor Aguirre
Seconded by Councilmember McKay
Introduce Ordinance No. 2023-1233 by title only, waive further reading with the revised Exhibit A submitted as last minute agenda information, and set the matter for its second reading and adoption at the next regularly scheduled City Council meeting.

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

9.b INTRODUCTION OF ORDINANCE 2023-1234 AMENDING CHAPTER 16.12 OF

THE IMPERIAL BEACH MUNICIPAL CODE RELATED TO WATER EFFICIENT LANDSCAPE REGULATIONS. (0620-95)
Associate Planner Pua gave a PowerPoint presentation and responded to questions regarding if the ordinance applies to ADUs.

No public comments.

City Clerk Kelly read the title of Ordinance No. 2023-1234 "AN ORDINANCE OF

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

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ATTACHMENT 2
8 AMENDING CHAPTER 16.12 OF THE IMPERIAL BEACH MUNICIPAL CODE RELATED TO WATER EFFICIENT LANDSCAPE REGULATIONS."
Motion by Mayor Pro Tem Leyba-Gonzalez
Seconded by Councilmember Fisher
Introduce Ordinance No. 2023-1234 by title only, waive further reading, and set the matter for its second reading and adoption at the next regularly scheduled City Council meeting.

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

10. PUBLIC HEARINGS

11. REPORTS

11.a DISCUSSION ON CITY-WIDE COST ALLOCATION PLAN AND USER FEE STUDY. (0390-60)
Finance Director Gitmed introduced the item.

Nicole Kissam, Director from NBS, gave a PowerPoint presentation on the fee study process and results. She responded to questions of City Council regarding why there were no comparisons on the table.

No public comments.

Councilmember Fisher inquired if there could be a flat fee for ADUs.

Mayor Aguirre commented that the fees should be tailored to the Imperial Beach community. She agreed with Councilmember Fisher's comments regarding ADUs.

In response to concerns regarding regular updates to fees, Finance Director Gitmed stated the process will not take as long with City Council approving yearly escalations and having a review every 5 to 7 years.

Mayor Aguirre called a recess at 8:26 p.m. and reconvened the meeting at 8:33 p.m. with all Councilmembers present.

Motion by Councilmember Seabury
Seconded by Mayor Aguirre

1. Receive and file the User Fee Study prepared by NBS Government Finance Group; and

2. Direct Staff to notice for Public Hearing and bring related resolutions and ordinances to a future Council meeting in order to adopt the City of Imperial Beach Master Fee Schedule

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ATTACHMENT 2
9 AYES (5): Mayor Aguirre, Mayor Pro Tem Leyba-Gonzalez, Councilmember McKay, Councilmember Seabury, and Councilmember Fisher
Motion Carried (5 to 0)

11.b DISCUSSION AND DIRECTION ON RAIN BARREL AND WATER
CONSERVATION PROCEDURES. (0230-70)
City Planner/Management Associate Ayala gave a PowerPoint presentation and she responded to Councilmember Fisher’s questions regarding the types of barrels.

No public comments.

Councilmember Seabury spoke in support of the item and to have guidelines to help control mosquitos.

Mayor Aguirre said it is important to find ways to help the community save resources. She spoke about the need for guidelines especially for controlling the spread of mosquitos. This will also help address the issue of storm water run-off.

She inquired if this would gain points in the City's Climate Action Plan.

11.c DISCUSSION RELATED TO THE NOTICE RECEIVED BY THE CITY FROM THE U.S. POSTAL SERVICE RELATED TO THE RELOCATION OF THE

IMPERIAL BEACH MAIL CARRIERS TO THE CHULA VISTA POST OFFICE PER THEIR SORTING AND DELIVERY CENTER INITIATIVE. (0150-40) Mayor Aguirre reported that in June, staff attempted to reach out to the Postmaster to discuss the Post Office after the City was contacted by a postal union and received a complaint from a member of the public about changes to Post Office operations. Staff did not receive a response from the Postmaster and reached out to the USPS Strategic Communications Specialist, who is in Hawaii. The City was informed that local USPS leadership declined our request to discuss operations and we were provided with a general statement describing the Sorting and Delivery Center initiative. Following this response, a community rally was held at the Post Office, where many expressed their concerns about modification of operations.

After this public response, a USPS representative from Colorado reached out to her and staff describing the Sorting and Delivery Center initiative. The City informed the representative that local USPS leadership needs to address the community directly and respond to questions. They were invited to this meeting but declined. Representative Vargas’ office was in contact with her and has been engaged in communicating with the USPS. The City is seeking more information from the USPS because the lack of communication and transparency has resulted in the community being very concerned.

Public comments provided by:

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ATTACHMENT 2
10 Bob Waterhouse, President of the American Postal Workers Union San Diego Area Local 197, explained the changes that are happening with the Postal Service that's leading to the closure of post offices and moving of operations.

Josie Hamada indicated opposition to closure of the Post Office. She did not speak.

Gilda Rojas indicated opposition to closure of the Post Office. She did not speak.

City Council expressed opposition to closure of the local Post Office. There was consensus of City Council that they oppose any kind of change, and Mayor Aguirre directed staff to return with a resolution that clearly states the City’s position at the next City Council meeting.

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

13. ITEMS PULLED FROM THE CONSENT CALENDAR
None.

14. CITY COUNCIL FUTURE AGENDA REQUESTS
Councilmember Seabury expressed concern about activities taking place on the pier at night and requested Park Rangers or the Port Authority police the area and enforce rules.

Mayor Aguirre stated that the City Manager has been working with the Port of San Diego on this matter and she requested he provide an update to City Council.

15. ADJOURN REGULAR MEETING
Mayor Aguirre adjourned the Regular Meeting at 9:06 p.m.

Jacqueline M. Kelly, MMC
City Clerk
Paloma Aguirre
Mayor

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P a g e | 1
August 16, 2023
ITEM TITLE: RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM JULY 22, 2023, TO AUGUST 4, 2023. (0300-25)
ORIGINATING DEPARTMENT:

Finance
EXECUTIVE SUMMARY:

Staff is recommending that the City Council ratify the accompanying Warrant Register for the period from July 22, 2023, to August 4, 2023, in the amount of $2,358,302.29.

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 July 22, 2023, to August 4, 2023 in the amount of $2,358,302.29 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

CITY OF SAN
DIEGO
CK101425 FY24 Q1 METROPOLITAN

SEWERAGE SYSTEM FEE
873,216.91
CALPERS DFT0006913 FY24 CALPERS PLAN 470 -
UNFUNDED ACCRUED LIAB.
492,708.00

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P a g e | 2
CALPERS DFT0006914 FY24 CALPERS PLAN 4625 -
UNFUNDED ACCRUED LIAB.
311,378.00
The following registers are submitted for Council ratification:

Accounts Payable:

DATE CHECK NUMBER AMOUNT(S)
7/27/2023 CK101380-CK101418 124,238.05
8/3/2023 CK101419-CK101452 1,144,116.47
Sub-Total $ 1,268,354.52

DATE EFT/DRAFT NUMBER AMOUNT(S)
7/27/2023 DFT0006912-916 849,303.21
7/28/2023 DFT0006964 35.00
Sub-Total $ 849,338.21
Total reflected in the attached Expense Approval Report: $ 2,117,692.73 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)
7/31/2023 DFT0006918 220.00
8/3/2023 CK48955-59; EFT0000154-55 240,389.56
Sub-Total $ 240,609.56
TOTAL: $ 2,358,302.29
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 07.22.2023-08.04.2023

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8/4/2023 4:30:24 PM Page 1 of 9
Expense Approval Report
Imperial Beach, CA By (None)
Payment Dates 7/22/2023 - 8/4/2023
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 07/27/2023 101380 A TO Z ENTERPRISES, INC. TOWING TO SOUTHCOAST - … A863610 101-3020-422.2801 648.00 07/27/2023 101381 ACE EXCAVATING & ENVIRO… SEWER LATERAL REPAIR - CIT…2263 101-1910-419.2801 230304 9,875.00 07/27/2023 101382 ADVANCED IMAGING SOLUT… STAPLES - CM PRINTER IN862247 101-1920-419.3001 116.37 07/27/2023 101383 ASUME ADMINISTRATOR ORDER D AL2004-1730 CASE …07-20-2023 101-0000-209.0107 64.80 07/27/2023 101384 AT&T 93910339546/15/23-7/14/23…20246769 503-1923-419.2704 45.13 07/27/2023 101384 AT&T 9391033960 6/15/23-7/14/2… 20246772 503-1923-419.2704 257.61 07/27/2023 101384 AT&T 9391033952 6/15/23-7/14/2… 20246773 503-1923-419.2704 26.86 07/27/2023 101384 AT&T 9391033958 6/15/23-7/14/2… 20246777 503-1923-419.2704 28.40 07/27/2023 101384 AT&T 9391053500 6/15/23-7/14/2… 20246967 503-1923-419.2704 1.65 07/27/2023 101384 AT&T 9391053672 6/15/23-7/14/2… 20246979 503-1923-419.2704 36.19 07/27/2023 101384 AT&T 9391033944 6/20/23-7/19/2… 20268500 503-1923-419.2704 34.09 07/27/2023 101385 AZTEC LANDSCAPING INC WEED REMOVAL FOR PROPE… L3018 101-3070-427.2006 4,725.00 07/27/2023 101386 CALIFORNIA BUILDING STAN… APR-JUN 2023 (CY Q2) CA ST… 07-21-2023 101-0000-221.0107 333.31 07/27/2023 101386 CALIFORNIA BUILDING STAN… APR-JUN 2023 (CY Q2) CA ST… 07-21-2023 101-0000-371.8303 -31.53 07/27/2023 101387 CINTAS CORPORATION 05/16/23 FACILITIES MATS 4155649544 101-1910-419.2006 32.94 07/27/2023 101387 CINTAS CORPORATION 05/16/23 PW UNIFORMS 4155649678 101-5020-432.2503 289.04 07/27/2023 101388 COLANTUONO, HIGHSMITH &…JUN 2023 SDCOE FEES 56823 303-1250-413.2001 6.76 07/27/2023 101389 COUNTY OF SAN DIEGO EXEMPT FEE USE-23-0031 - 6…07182023 USE-23-0031 101-0000-221.0102 50.00 07/27/2023 101390 COUNTY OF SAN DIEGO EXEMPT FEE USE-23-0028 - 5…07182023 USE-23-0028 101-0000-221.0102 50.00 07/27/2023 101391 CRISTIAN FIGUEROA REIMBURSE SWC FIRE SCIEN… 001926543 101-3020-422.2804 150.00 07/27/2023 101392 DEPT. OF CONSERVATION APR-JUN 2023 (CY Q2) SMIP … 07-21-2023 101-0000-211.0101 614.00 07/27/2023 101392 DEPT. OF CONSERVATION APR-JUN 2023 (CY Q2) SMIP … 07-21-2023 101-0000-371.8303 -32.97 07/27/2023 101393 EVARI GIS CONSULTING, INC. JUN 2023 IT MAINT 1644 503-1923-419.2025 500.00 07/27/2023 101394 FIFTH ASSET, INC. FY24 DEBTBOOK SOFTWARE … DB2002131 101-1210-413.2104 7,200.00 07/27/2023 101395 FLYERS ENERGY LLC 06/22/23 - 1000 GAS, 92 DSL 23-855790 501-1921-419.2815 4,901.66 07/27/2023 101395 FLYERS ENERGY LLC 06/29/23 - 900 GAS, 124 DSL 23-861071 501-1921-419.2815 4,668.35 07/27/2023 101395 FLYERS ENERGY LLC 07/06/23 - 1250 GAS, 85 DSL 23-865586 501-1921-419.2815 6,320.34 07/27/2023 101395 FLYERS ENERGY LLC 07/13/23 - 1090 GAS, 140 DSL 23-870561 501-1921-419.2815 6,014.85 07/27/2023 101396 GRAINGER DEFINIT MAGNETIC CONTAC… 9756837846 101-6040-454.3002 132.46 07/27/2023 101396 GRAINGER ENGINE OIL (60) 9760698432 501-1921-419.2816 109.62 07/27/2023 101397 JENNIFER RICHARDSON PERMIT WITHDRAWAL & RE… INV-00010840 101-0000-322.7304 52.00 07/27/2023 101398 KANE, BALLMER & BERKMAN JUN 2023 LEGAL SRVCS - SP1… 28032 303-1250-413.2001 55.00 07/27/2023 101399 KNOWBE4 08/29/23-08/28/24 PHISHER …INV266214 503-1923-419.2025 240007 1,593.60 07/27/2023 101399 KNOWBE4 08/29/23-08/28/24 SECURITY…INV266215 503-1923-419.2025 240007 3,398.40 07/27/2023 101400 LLOYD PEST CONTROL 06/29/23 - 950 OCEAN LN #1…8138323 101-1910-419.2022 60.00 07/27/2023 101401 LN CURTIS & SONS PRODUCT UPGRATE- HURST … PINV825636 101-3020-422.3002 1,941.33 07/27/2023 101402 MARIANNA YAZMIN HAYES JUN 2023 - MINI HIP HOP (17…071123MH1 101-6010-451.2107 408.00 07/27/2023 101402 MARIANNA YAZMIN HAYES JUN 2023 - BEG HIP HOP (10 … 071123MH2 101-6010-451.2107 390.00 ATTACHMENT 1

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Expense Approval Report Payment Dates: 7/22/2023 - 8/4/2023 8/4/2023 4:30:24 PM Page 2 of 9
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 07/27/2023 101402 MARIANNA YAZMIN HAYES JUN 2023 - BALLET/TAP/JAZZ …071123MH3 101-6010-451.2107 117.00 07/27/2023 101402 MARIANNA YAZMIN HAYES JUN 2023 - MINI BALLET/TAP …071123MH4 101-6010-451.2107 288.00 07/27/2023 101402 MARIANNA YAZMIN HAYES JUN 2023 - BEG BALLET (4 E… 071123MH5 101-6010-451.2107 156.00 07/27/2023 101403 MEISTER SEALCOAT & SUPPL… ASPHALT GLUE (8), ASPHALT …73908 101-5010-431.3002 862.00 07/27/2023 101403 MEISTER SEALCOAT & SUPPL… ROAD CRACKSEAL (2 PALLETS) 73915 101-5010-431.3002 4,800.26 07/27/2023 101404 MICHAEL BAKER INTERNATI… JUN 2023 9TH ST IMPROVEM…1184702 202-5016-531.2006 220259-R1 1,488.96 07/27/2023 101404 MICHAEL BAKER INTERNATI… JUN 2023 9TH ST IMPROVEM…1184702 214-5000-532.2006 220259-R1 29,726.07 07/27/2023 101405 NV5 INC JUN 2023 - USE-22-0076 1062…341013 101-0000-221.0102 226.29 07/27/2023 101405 NV5 INC JUN 2023 - USE-22-0117 867 …341015 101-0000-221.0102 243.08 07/27/2023 101405 NV5 INC JUN 2023 - MF1305 1190121… 341018 101-0000-221.0102 98.88 07/27/2023 101405 NV5 INC JUN 2023 - USE-21-0042 508 …341020 101-0000-221.0102 185.40 07/27/2023 101405 NV5 INC JUN 2023 - USE-22-0113 805… 341022 101-0000-221.0102 337.84 07/27/2023 101405 NV5 INC JUN 2023 - USE-22-0098 EB… 341025 101-0000-221.0102 800.00 07/27/2023 101405 NV5 INC JUN 2023 - 20A ASSISTANCE 341026 101-5010-431.2104 139.05 07/27/2023 101406 ODP BUSINESS SOLUTIONS, L…RETURN - EXPANDING LEGAL…319586092001 101-1210-413.3001 -28.05 07/27/2023 101406 ODP BUSINESS SOLUTIONS, L…LABELS - FINANCE 320329695001 101-1210-413.3001 27.18 07/27/2023 101406 ODP BUSINESS SOLUTIONS, L…MARKERS, TAPE - FINANCE 320331977001 101-1210-413.3001 32.98 07/27/2023 101406 ODP BUSINESS SOLUTIONS, L…BUS CARDS - C HUDKINS 320484244001 101-3040-424.2811 55.79 07/27/2023 101407 ORANGE RESTORATION BOARD UP SRVC FOR PROPE… 6974 101-3070-427.2006 2,195.18 07/27/2023 101408 O'REILLY AUTO PARTS #3980 FRONT/REAR SHOCKS, FILTE… 3980-490909 501-1921-419.2816 375.24 07/27/2023 101408 O'REILLY AUTO PARTS #3980 FUEL PUMP - TRUCK 100 3980-490917 501-1921-419.2816 160.96 07/27/2023 101408 O'REILLY AUTO PARTS #3980 CHEMICLAS: SWEEPING COM…3980-491002 501-1921-419.2816 186.87 07/27/2023 101408 O'REILLY AUTO PARTS #3980 CHEMICLAS: CLEANER,FLUID… 3980-491328 501-1921-419.2816 229.26 07/27/2023 101408 O'REILLY AUTO PARTS #3980 BOLT, NUTS (2) 3980-492052 501-1921-419.2816 14.97 07/27/2023 101408 O'REILLY AUTO PARTS #3980 AIR FILTER, OIL FILTER - TRU… 3980-492278 501-1921-419.2816 15.44 07/27/2023 101408 O'REILLY AUTO PARTS #3980 HITCH BALL - TRUCK 620 3980-492458 501-1921-419.2816 38.05 07/27/2023 101408 O'REILLY AUTO PARTS #3980 SILICONE - TRUCK 108 3980-493358 501-1921-419.2816 7.60 07/27/2023 101408 O'REILLY AUTO PARTS #3980 REFRIGERANT FOR A/C 3980-493460 501-1921-419.2816 401.29 07/27/2023 101408 O'REILLY AUTO PARTS #3980 FRONT/REAR SHOCKS, QUICK…3980-493544 501-1921-419.2816 554.19 07/27/2023 101408 O'REILLY AUTO PARTS #3980 FILTERS, POWER OUTLET, P… 3980-493721 501-1921-419.2816 70.40 07/27/2023 101408 O'REILLY AUTO PARTS #3980 SPRING COMPRESOR TOOL 3980-493914 501-1921-419.2816 59.80 07/27/2023 101408 O'REILLY AUTO PARTS #3980 RETURN - SPRING COMPRES… 3980-494174 501-1921-419.2816 -49.82 07/27/2023 101409 SAN DIEGO FRICTION PROD… HEADLIGHTS (3), SPOT LIGHT …06P64560 101-3020-422.2801 1,254.36 07/27/2023 101410 SOUTHWEST SIGNAL JUL 2023 SRVC CALL PALM &… 82657 101-5010-431.2123 184.48 07/27/2023 101411 SPARKLETTS 07/03/23, 07/17/23 WATER … 12529930 072123 101-3020-422.3002 302.76 07/27/2023 101412 STC TRAFFIC, INC. JUN 2023 - GENERAL SRVCS 6284A 101-5010-431.2104 5,090.00 07/27/2023 101412 STC TRAFFIC, INC. JUN 2023 - TMC & COMM SY… 6284A 202-5016-531.2006 230159 4,405.00 07/27/2023 101412 STC TRAFFIC, INC. JUN 2023 - TRAFFIC SIGNAL … 6284A 202-5016-531.2006 4,480.00 07/27/2023 101413 TALLAL, INC. 09/02/23 OUTDOOR MOVIE … 071723IB-D 101-6014-451.2808 522.50 07/27/2023 101414 UNDERGROUND SERVICE AL… CA STATE FEE 22-2304179 601-5060-436.2023 26.01 07/27/2023 101414 UNDERGROUND SERVICE AL… JUN 2023 CA STATE FEE 22-2304569 601-5060-436.2023 26.01 07/27/2023 101414 UNDERGROUND SERVICE AL… NEW TICKET CHARGES QTY 4… 520230342 601-5060-436.2023 80.00 07/27/2023 101414 UNDERGROUND SERVICE AL… JUN 2023 NEW TICKET CHAR… 620230335 601-5060-436.2023 81.75 07/27/2023 101415 VERIZON BUSINESS SERVICES JUN 2023 SV202861 - CITY H… 72635063 503-1923-419.2704 669.63

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Expense Approval Report Payment Dates: 7/22/2023 - 8/4/2023 8/4/2023 4:30:24 PM Page 3 of 9
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 07/27/2023 101415 VERIZON BUSINESS SERVICES JUN 2023 SV202863 - MS 72635926 503-1923-419.2704 60.61 07/27/2023 101415 VERIZON BUSINESS SERVICES JUN 2023 SV202864 - PW 72636070 503-1923-419.2704 181.20 07/27/2023 101415 VERIZON BUSINESS SERVICES JUN 2023 SV202862 - FD 72636130 503-1923-419.2704 72.17 07/27/2023 101415 VERIZON BUSINESS SERVICES JUN 2023 SV886848 - SENIOR…72636663 503-1923-419.2704 75.15 07/27/2023 101416 VIRTUAL PROJECT MANAGER,…JUL 2023 SOFTWARE SYS M… 12-3664 601-5060-536.2006 500.00 07/27/2023 101417 WATCHTOWER SOLUTIONS, … FY 24 DATA COLLECTION SOF…IBMS-001-23 101-3030-423.2006 240041 6,864.00 07/27/2023 101418 WESTERN PUMP INC 06/05/23 LIFT INSPECTION W55447 501-1921-419.2904 480.00 08/03/2023 101419 ACE EXCAVATING & ENVIRO… DG LANDSCAPE RESURFACI… 2279 420-5000-532.2006 240024 16,760.00 08/03/2023 101420 ADVANCED IMAGING SOLUT… 06/20/23-07/19/23 - COPIER …34542003 101-1920-419.2017 2,752.96 08/03/2023 101421 AZTEC LANDSCAPING INC CLEAN UP - CHERRY AVE TO … L3151 101-5010-431.2801 6,700.00 08/03/2023 101421 AZTEC LANDSCAPING INC JUL 2023 SR75 MEDIAN/PAL… L3250 101-5010-431.2801 240050 8,119.24 08/03/2023 101421 AZTEC LANDSCAPING INC JUL 2023 LANDSCAPE/STORM…L3251 101-5050-435.2801 240049 2,860.80 08/03/2023 101422 BRIOTIX HEALTH, LP ERGONOMIC EVAL: CHAIR FI… SI-27070 502-1922-419.2904 250.00 08/03/2023 101422 BRIOTIX HEALTH, LP ERGONOMIC EVAL: CHAIR FI… SI-28234 502-1922-419.2904 250.00 08/03/2023 101422 BRIOTIX HEALTH, LP ERGONOMIC EVAL: MINI - P… SI-28282 502-1922-419.2904 275.00 08/03/2023 101422 BRIOTIX HEALTH, LP ERGONOMIC EVAL: CHAIR FI… SI-28291 502-1922-419.2904 250.00 08/03/2023 101423 CALIFORNIA AMERICAN WAT…1001 IRIS AVENUE 06/16/23-…1015-210019176333 07/24/… 101-1910-419.2702 19.51 08/03/2023 101423 CALIFORNIA AMERICAN WAT…840 IMPERIAL BEACH BLVD 0…1015-210019335248 07/19/… 101-6020-452.2702 1,839.90 08/03/2023 101423 CALIFORNIA AMERICAN WAT…820 IMPERIAL BEACH BLVD 0…1015-210019335347 07/19/… 101-1910-419.2702 610.27 08/03/2023 101423 CALIFORNIA AMERICAN WAT…825 IMPERIAL BCH,CITY OF 0… 1015-210019335484 07/19/… 101-1910-419.2702 221.16 08/03/2023 101423 CALIFORNIA AMERICAN WAT…855 IMPERIAL BEACH BLVD 0…1015-210019335682 07/24/… 101-6020-452.2702 46.39 08/03/2023 101423 CALIFORNIA AMERICAN WAT…865 IMPERIAL BEACH BLVD 0…1015-210019335774 07/19/… 101-1910-419.2702 345.14 08/03/2023 101423 CALIFORNIA AMERICAN WAT…915 IB BLVD IRRIG 06/15/23-… 1015-210019335835 07/19/… 101-6020-452.2702 66.74 08/03/2023 101423 CALIFORNIA AMERICAN WAT…1025 9TH ST06/15/23-07/17… 1015-210019401916 07/24/… 101-6020-452.2702 19.54 08/03/2023 101423 CALIFORNIA AMERICAN WAT…942 DONAX AVE IRRIG 06/16… 1015-210019746893 07/24/… 101-6020-452.2702 19.54 08/03/2023 101423 CALIFORNIA AMERICAN WAT…711 ENCINA AVE IRRIG06/15… 1015-210020277854 07/24/… 101-6020-452.2702 46.39 08/03/2023 101423 CALIFORNIA AMERICAN WAT…701 5TH ST IRRIG 06/14/23-0…1015-210020731235 07/20/… 101-6020-452.2702 19.54 08/03/2023 101423 CALIFORNIA AMERICAN WAT…425 IMPERIAL BEACH BLVD 0…1015-210021068268 07/18/… 101-1910-419.2702 148.68 08/03/2023 101423 CALIFORNIA AMERICAN WAT…401 IMPERIAL BEACH BLVD 0…1015-210021068367 07/18/… 601-5060-436.2702 3,445.14 08/03/2023 101423 CALIFORNIA AMERICAN WAT…423 IB BLVD IRRIG 06/14/23-… 1015-210021068541 07/18/… 601-5060-436.2702 144.85 08/03/2023 101423 CALIFORNIA AMERICAN WAT…845 ENCINA AVE IRRIG 06/15…1015-210021082448 07/19/… 101-6020-452.2702 284.96 08/03/2023 101423 CALIFORNIA AMERICAN WAT…710 5TH STREET 06/14/23-07…1015-220018914676 07/18/… 101-1910-419.2702 46.39 08/03/2023 101423 CALIFORNIA AMERICAN WAT…582 IB BLVD IRRG 06/14/23-… 1015-220030150199 07/18/… 101-6020-452.2702 46.39 08/03/2023 101424 CINTAS CORPORATION 07/05/23 4160619291 101-1910-419.2006 240042 32.94 08/03/2023 101424 CINTAS CORPORATION 07/05/23 PW UNIFORMS 4160619599 101-5020-432.2503 240017 289.04 08/03/2023 101424 CINTAS CORPORATION 07/11/23 FACILITIES MATS 4161229643 101-1910-419.2006 240042 32.94 08/03/2023 101424 CINTAS CORPORATION 07/11/23 PW UNIFORMS 4161239737 101-5020-432.2503 240017 289.04 08/03/2023 101424 CINTAS CORPORATION 07/18/23 FACILITIES MATS 4161902479 101-1910-419.2006 240042 32.94 08/03/2023 101424 CINTAS CORPORATION 07/18/23 PW UNIFORMS 4161902799 101-5020-432.2503 240017 289.04 08/03/2023 101424 CINTAS CORPORATION 07/25/23 FACILITIES MATS 4162578246 101-1910-419.2006 240042 32.94 08/03/2023 101424 CINTAS CORPORATION 07/25/23 PW UNIFORMS 4162578498 101-5020-432.2503 240017 289.04 08/03/2023 101425 CITY OF SAN DIEGO FY24 Q1 (JUL-SEP) METROPO…1000361566 601-5060-436.2104 240052 872,368.00 08/03/2023 101425 CITY OF SAN DIEGO FY23 Q4 (APR-JUN) MUNICIP… 1000361728 601-5060-436.2104 848.91 08/03/2023 101426 COX COMMUNICATIONS 05/22/23-06/21/23 495 10TH…07-22-2023 4601 503-1923-419.2104 241.45

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Expense Approval Report Payment Dates: 7/22/2023 - 8/4/2023 8/4/2023 4:30:24 PM Page 4 of 9
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 08/03/2023 101427 DEPARTMENT OF JUSTICE JUN 2023 EMPLOYEE FINGER… 666651 101-1130-412.2104 196.00 08/03/2023 101428 DIVISION OF THE STATE ARC… APR-JUN 2023 SB1186 CONT… 06/30/2023 101-0000-371.8309 285.60 08/03/2023 101429 DOWNSTREAM SERVICES, IN… 07/07/23 - STORMWATER M… 13537 101-5050-435.2104 240031 1,133.00 08/03/2023 101430 HDL COREN & CONE JUL-SEP 2023 CONTRACT SR… SIN030161 101-1210-413.2006 1,012.50 08/03/2023 101430 HDL COREN & CONE JUL-SEP 2023 CONTRACT SR… SIN030161 303-1250-413.2006 1,012.50 08/03/2023 101431 HERITAGE INN OF IMPERIAL … 2023 APR-JUN 50% TOT771 -… 2023 APR-JUN TOT771 101-0000-316.7049 74,515.36 08/03/2023 101432 IPMA/SAN DIEGO INTERNAT… IPMA-HR MTNG - N SMITH, E…08-01-2023 101-1130-412.2804 120.00 08/03/2023 101432 IPMA/SAN DIEGO INTERNAT… IPMA-HR MEMBERSHIP - E G… 08-01-2023 EG 101-1130-412.2812 80.00 08/03/2023 101432 IPMA/SAN DIEGO INTERNAT… IPMA-HR MEMERSHIP - N SM…08-01-2023 NS 101-1130-412.2812 80.00 08/03/2023 101433 LESLIE SEIFERT CACEO CONFERENCE - AIRFA… 07-24-2023 101-3070-427.2804 1,166.50 08/03/2023 101434 LIEBERT, CASSIDY, WHITMO…JUN 2023 GENERAL SERVICES 245126 101-1130-412.2006 4,969.66 08/03/2023 101435 LOCKMASTERS, INC. COMBINATED CORE A 2-KEYS…1129258-1 101-1910-419.3002 68.09 08/03/2023 101435 LOCKMASTERS, INC. MAXUM BOLT 1" (6), ALARM… 1129258-2 101-1910-419.2801 718.81 08/03/2023 101435 LOCKMASTERS, INC. CUT CONTROL KEY 1129258-3 101-1910-419.3002 2.97 08/03/2023 101436 MCDOUGAL LOVE BOEHMER… MAY 2023 - LITIGATION (LW… 105097 502-1922-419.2001 13,827.36 08/03/2023 101436 MCDOUGAL LOVE BOEHMER… JUN 2023 - CODE ENFORCEM…105388 101-1220-413.2001 261.24 08/03/2023 101436 MCDOUGAL LOVE BOEHMER… JUN 2023 - SPECIAL PROJECTS…105389 101-1220-413.2001 3,382.50 08/03/2023 101436 MCDOUGAL LOVE BOEHMER… JUN 2023 - MONTHLY RETAI… 105390 101-1220-413.2002 11,000.00 08/03/2023 101436 MCDOUGAL LOVE BOEHMER… JUN 2023 - POTENTIAL LITIG… 105391 502-1922-419.2001 726.00 08/03/2023 101436 MCDOUGAL LOVE BOEHMER… JUN 2023 - HOUSING - 455 P… 105392 216-1240-413.2001 49.50 08/03/2023 101436 MCDOUGAL LOVE BOEHMER… JUN 2023 - LITIGATION (LWC… 105393 502-1922-419.2001 330.00 08/03/2023 101436 MCDOUGAL LOVE BOEHMER… JUN 2023 - LITIGATION (LWC… 105398 502-1922-419.2001 5,231.24 08/03/2023 101437 NATIONWIDE MEDICAL SURG…MIDAZOLAM PF 5MG/ML (2) …IN27830 101-3020-422.3002 54.60 08/03/2023 101438 NBS GOVERNMENT FINANCE… MAY 2023 FEE STUDY 202306-1973 101-1210-413.2006 220109-R1 1,287.50 08/03/2023 101439 NV5 INC FEB-JUN 2023 SPORTS PARK … 340916 214-5000-532.2006 230195 7,134.08 08/03/2023 101439 NV5 INC JUN 2023 - USE-22-0106 326 …341002 101-0000-221.0102 376.98 08/03/2023 101439 NV5 INC JUN 2023 - USE-23-0018 558 …341005 101-0000-221.0102 562.38 08/03/2023 101439 NV5 INC JUN 2023 - USE-23-0033 770… 341010 101-0000-221.0102 605.64 08/03/2023 101440 ODP BUSINESS SOLUTIONS, L…TISSUES, CLIPS, MARKERS, E… 322327169001 101-5020-432.3001 219.74 08/03/2023 101440 ODP BUSINESS SOLUTIONS, L…INK CARTRIDGE - PW 322403128001 501-1921-419.3002 99.73 08/03/2023 101441 PITNEY BOWES INC(INVOICE … MAY-JUL 2023 POSTAGE MA… 1020170028 101-1210-413.2904 208.85 08/03/2023 101442 PITNEY BOWES(PURCHASE P… POSTAGE METER REFILL & T… 07-06-2023 101-1920-419.2809 2,434.30 08/03/2023 101443 PRS LIVESCAN AND NOTARY … 07/06/23 LIVESCAN ROLLING…000048 101-1130-412.2104 240053 26.00 08/03/2023 101444 ROGER TUCKER MAY 2023 PRE-EMPLOYMEN… 29 101-1130-412.2006 125.00 08/03/2023 101445 SAN DIEGO UNIFIED PORT DI… CITATION AT SD HARBOR - … SD060010853 501-1921-419.2813 102.50 08/03/2023 101446 SHARP REES-STEALY MEDICAL…JUN 2023 PRE-EMPLOYMENT…382220147 101-1130-412.2104 1,596.00 08/03/2023 101447 SPARKLETTS 06/27/23, 07/11/23 WATER … 22581104 071323 101-5020-432.3002 240023 115.84 08/03/2023 101448 SUNBELT RENTALS, INC. 04/26/23-04/27/23 BRUSH … 138780633-0001 101-5010-431.2801 113.52 08/03/2023 101448 SUNBELT RENTALS, INC. 04/27/23 BRUSH CUTTER RE… 138838714-0001 101-5010-431.2801 113.52 08/03/2023 101448 SUNBELT RENTALS, INC. 06/29/23-07/06/23 BRUSH … 141444518-0001 101-5010-431.2801 359.21 08/03/2023 101449 TRANE U.S. INC. SENIOR CTR HVAC - WORK T… 313794714 101-0000-202.0000 -1,018.60 08/03/2023 101449 TRANE U.S. INC. SENIOR CTR HVAC - WORK T… 313794714 103-6030-453.5003 230184-R1 10,302.29 08/03/2023 101449 TRANE U.S. INC. SR CENTER HVAC - OMNIA PR…313794714 214-5000-532.2006 230184-R1 53,360.09 08/03/2023 101449 TRANE U.S. INC. SENIOR CTR HVAC - WORK T… 313794714 214-5000-532.2006 -5,347.64

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Expense Approval Report Payment Dates: 7/22/2023 - 8/4/2023 8/4/2023 4:30:24 PM Page 5 of 9
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 08/03/2023 101450 U.S. BANK CORPORATE PAY… JUN-JUL 2023 P-CARD CHAR… 07242023 101-1210-413.2102 26,470.16 08/03/2023 101451 VERIZON WIRELESS 06/20/23-07/19/23 SIM CAR… 9940045768 101-3020-422.2705 111.14 08/03/2023 101452 WEST COAST ARBORISTS ARBORIST SRVCS - 732 CALLA…1-9189 101-6020-452.2104 240033 1,400.00 08/03/2023 101452 WEST COAST ARBORISTS 07/17/23-07/21/23 ARBORIS…1-9203 101-6020-452.2104 240033 2,800.00 07/27/2023 DFT0006912 STATE OF CALIFORNIA CY23 Q2 UNEMPLOYMENT I… CY23 Q2 101-0000-209.0119 8,096.21 07/27/2023 DFT0006913 CALPERS FY23-24 CALPERS PLAN 470 -… 100000017214418 101-1920-419.1110 492,708.00 07/27/2023 DFT0006914 CALPERS FY23-24 CALPERS PLAN 4625 …100000017214427 101-3020-422.1101 311,378.00 07/27/2023 DFT0006915 CALPERS FY23-24 CALPERS PLAN 4626 …100000017214437 101-3030-423.1101 36,364.00 07/27/2023 DFT0006916 CALPERS FY23-24 CALPERS PLAN 2635… 100000017214449 101-1920-419.1110 757.00 07/28/2023 DFT0006964 MIDAMERICA ADMINISTRATI…JUL 2023 PLAN FSA CLAIMS-… 07-28-2023 101-0000-209.0125 35.00 Grand Total: 2,117,692.73

Page 39 of 351 ends

Expense Approval Report Payment Dates: 7/22/2023 - 8/4/2023 8/4/2023 4:30:24 PM Page 6 of 9
Report Summary
Fund Summary
Fund Payment Amount
101 - GENERAL FUND 1,063,616.41
103 - M&A DA FUND 10,302.29
202 - PROP "A" (TRANSNET) FUND 10,373.96
214 - MISCELLANEOUS GRANTS 84,872.60
216 - HOUSING AUTHORITY 49.50
303 - REDEV OBLIG RETIRE FUND 1,074.26
420 - PARKS MAJOR MAINTENAN CIP 16,760.00
501 - VEHICLE REPLACEMENT/MAINT 24,761.30
502 - RISK MANAGEMENT FUND 21,139.60
503 - TECHNOLOGY/COMMUNICATIONS 7,222.14
601 - SEWER ENTERPRISE FUND 877,520.67
Grand Total: 2,117,692.73
Account Summary
Account Number Account Name Payment Amount
101-0000-202.0000 CONTRACT RETENTION … -1,018.60
101-0000-209.0107 P/R GARNISHMENT PAY… 64.80
101-0000-209.0119 P/R EDD UNEMPLOY IN… 8,096.21
101-0000-209.0125 P/R FSA 35.00
101-0000-211.0101 STRONG MOTION INST (… 614.00
101-0000-221.0102 DEVELOPER DEPOSITS 3,536.49
101-0000-221.0107 STATE GREEN BLDG FEE 333.31
101-0000-316.7049 TRANSIENT OCCUPANCY… 74,515.36
101-0000-322.7304 MECHANICAL PERMITS 52.00
101-0000-371.8303 MISCELLANEOUS REVEN… -64.50
101-0000-371.8309 SB 1186 DISABILITY ACC… 285.60
101-1130-412.2006 PROFESSIONAL SERVICES 5,094.66
101-1130-412.2104 TECHNICAL SERVICES 1,818.00
101-1130-412.2804 TRAVEL, TRAINING, MEE… 120.00
101-1130-412.2812 MEMBERSHIP DUES 160.00
101-1210-413.2006 PROFESSIONAL SERVICES 2,300.00
101-1210-413.2102 ADMINISTRATION CHAR… 26,470.16
101-1210-413.2104 TECHNICAL SERVICES 7,200.00
101-1210-413.2904 OTHER SERVICES & CHA… 208.85
101-1210-413.3001 OFFICE SUPPLIES 32.11
101-1220-413.2001 ATTORNEY SERVICES 3,643.74
101-1220-413.2002 ATTORNEY SERVICES-OT… 11,000.00
101-1910-419.2006 PROFESSIONAL SERVICES 164.70
101-1910-419.2022 PEST CONTROL SERVICE 60.00
101-1910-419.2702 UTILITIES-WATER 1,391.15

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Expense Approval Report Payment Dates: 7/22/2023 - 8/4/2023 8/4/2023 4:30:24 PM Page 7 of 9
Account Summary
Account Number Account Name Payment Amount
101-1910-419.2801 MAINTENANCE & REPAIR 10,593.81
101-1910-419.3002 OPERATING SUPPLIES 71.06
101-1920-419.1110 PENSION EXPENSE 493,465.00
101-1920-419.2017 COPIER LEASES 2,752.96
101-1920-419.2809 POSTAGE & FREIGHT 2,434.30
101-1920-419.3001 OFFICE SUPPLIES 116.37
101-3020-422.1101 PERS-CITY PORTION 311,378.00
101-3020-422.2705 UTILITIES-CELL PHONES 111.14
101-3020-422.2801 MAINTENANCE & REPAIR 1,902.36
101-3020-422.2804 TRAVEL, TRAINING, MEE… 150.00
101-3020-422.3002 OPERATING SUPPLIES 2,298.69
101-3030-423.1101 PERS-CITY PORTION 36,364.00
101-3030-423.2006 PROFESSIONAL SERVICES 6,864.00
101-3040-424.2811 PRINTING SERVICES 55.79
101-3070-427.2006 PROFESSIONAL SERVICES 6,920.18
101-3070-427.2804 TRAVEL, TRAINING, MEE… 1,166.50
101-5010-431.2104 TECHNICAL SERVICES 5,229.05
101-5010-431.2123 TRAFFIC CONTROL 184.48
101-5010-431.2801 MAINTENANCE & REPAIR 15,405.49
101-5010-431.3002 OPERATING SUPPLIES 5,662.26
101-5020-432.2503 RENT-UNIFORMS 1,445.20
101-5020-432.3001 OFFICE SUPPLIES 219.74
101-5020-432.3002 OPERATING SUPPLIES 115.84
101-5050-435.2104 TECHNICAL SERVICES 1,133.00
101-5050-435.2801 MAINTENANCE & REPAIR 2,860.80
101-6010-451.2107 CONTRACTS - RECREATI… 1,359.00
101-6014-451.2808 COMMUNITY PROGRAMS 522.50
101-6020-452.2104 TECHNICAL SERVICES 4,200.00
101-6020-452.2702 UTILITIES-WATER 2,389.39
101-6040-454.3002 OPERATING SUPPLIES 132.46
103-6030-453.5003 IMPROVEMNTS NOT BUI… 10,302.29
202-5016-531.2006 PROFESSIONAL SERVICES 10,373.96
214-5000-532.2006 PROFESSIONAL SERVICES 84,872.60
216-1240-413.2001 ATTORNEY SERVICES 49.50
303-1250-413.2001 ATTORNEY SERVICES 61.76
303-1250-413.2006 PROFESSIONAL SERVICES 1,012.50
420-5000-532.2006 PROFESSIONAL SERVICES 16,760.00
501-1921-419.2813 FEES & LICENSES 102.50
501-1921-419.2815 VEHICLE OPERATE-FUEL… 21,905.20
501-1921-419.2816 VEHICLE OPERATE-PARTS… 2,173.87
501-1921-419.2904 OTHER SERVICES & CHA… 480.00
501-1921-419.3002 OPERATING SUPPLIES 99.73

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Expense Approval Report Payment Dates: 7/22/2023 - 8/4/2023 8/4/2023 4:30:24 PM Page 8 of 9
Account Summary
Account Number Account Name Payment Amount
502-1922-419.2001 ATTORNEY SERVICES 20,114.60
502-1922-419.2904 OTHER SERVICES & CHA… 1,025.00
503-1923-419.2025 SOFTWARE MAINTENAN… 5,492.00
503-1923-419.2104 TECHNICAL SERVICES 241.45
503-1923-419.2704 UTILITIES-TELEPHONE 1,488.69
601-5060-436.2023 SECURITY & ALARM 213.77
601-5060-436.2104 TECHNICAL SERVICES 873,216.91
601-5060-436.2702 UTILITIES-WATER 3,589.99
601-5060-536.2006 PROFESSIONAL SERVICES 500.00
Grand Total: 2,117,692.73
Project Account Summary
Project Account Key Payment Amount
**None** 1,886,728.54
1305-DEP 98.88
21-0042-DEP 185.40
22-0076-DEP 226.29
22-0098-DEP 800.00
22-0106-DEP 376.98
22-0113-DEP 337.84
22-0117-DEP 243.08
23-0018-DEP 562.38
23-0028-DEP 50.00
23-0031-DEP 50.00
23-0033-DEP 605.64
F23100-HVAC 9,283.69
GRT078-EXP 522.50
LWC002-P 261.24
LWC146-P 3,382.50
LWC253-P 726.00
LWC336-P 330.00
LWC356-P 19,058.60
P21107-P 16,760.00
P22102-ARPA 7,134.08
S20112-P 8,885.00
S22101-ENG 29,726.07
S22101-TRANSNET 1,488.96
SP1306-P 55.00
SP22101-SR 48,012.45
SP23111-EXP 7,286.25

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Expense Approval Report Payment Dates: 7/22/2023 - 8/4/2023 8/4/2023 4:30:24 PM Page 9 of 9
Project Account Summary
Project Account Key Payment Amount
TOT771-EXP 74,515.36
Grand Total: 2,117,692.73

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P a g e | 1
August 16, 2023
ITEM TITLE: RESOLUTION 2023-65 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

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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 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, the City of Imperial Beach along with the City of San Diego and County of San Diego have issued a state of local emergency resolution 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 2023-65

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ATTACHMENT 1
RESOLUTION NO. 2023-65

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

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Resolution No. 2023-65

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 and Local State of Emergency in June 2023.

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 16th day of August 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

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Resolution No. 2023-65

Page 3 of 3 ends

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

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P a g e | 1
August 16, 2023
ITEM TITLE: SECOND READING AND ADOPTION OF ORDINANCE 2023-1234 AMENDING CHAPTER 16.12 OF THE IMPERIAL BEACH MUNICIPAL CODE RELATED TO WATER EFFICIENT LANDSCAPE REGULATIONS. (0620-95)
ORIGINATING DEPARTMENT:

Community Development
EXECUTIVE SUMMARY:

The California Legislature, in 2008, adopted water conservation measures involving landscaping that must be approved by each city in the state of California. The Water Conservation and Landscaping Act of 2008 (AB 1881, Laird) requires cities and counties, including charter cities, to adopt landscape water conservation ordinances by January 1, 2010. The Department of Water Resources (DWR) prepared a Model Water Efficient Landscape Ordinance (MWELO) for the cities to follow. The legislation requires each city to either adopt the state ordinance or an equivalent ordinance that achieves the same water savings.

To meet the State requirements of AB 1881, Laird, the City Council adopted Ordinance No. 2009- 1095 adding a new Chapter in the Municipal Code (Chapter 16.12 Water Efficient Landscape Regulations). The Community Development Department requires landscape approval with any building permit or other discretionary permit that meet the thresholds established in the ordinance.

On January 17, 2014, Governor Brown proclaimed a State of Emergency throughout the State of California due to severe drought conditions. On April 1, 2015, Governor Brown issued Executive Order B-29-15 requiring, among other things, the DWR to update the State MWELO through expedited regulation. The updated MWELO increases water efficiency standards for new and existing landscapes through more efficient irrigation systems, greywater usage, onsite storm water capture, and by limiting the portion of landscapes that can be covered in turf. Executive Order B-29-15 requires reporting on the implementation and enforcement of local ordinances, with required reports due by December 31, 2015.

On August 2, 2023, the City Council of the City of Imperial Beach had the first reading and introduction of Ordinance No. 2023-1234, which would add to and amend Imperial Beach Municipal Code (IBMC) Chapter 16.12 to meet these new State regulations. 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. 2023-1234, amending Chapter 16.12 of the Imperial Beach Municipal Code.

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P a g e | 2
OPTIONS:
 Direction to modify the ordinance prior to further consideration by the City Council.  Continue the item and provide direction to the City Manager to obtain additional information.

BACKGROUND/ANALYSIS:

Ordinance No. 2023-1234 updates the City's Water Efficient Landscape Regulations contained in Chapter 16.12 to increase water efficiency standards for new and existing landscapes through more efficient irrigation systems, greywater usage, onsite storm water capture, and by limiting the portion of landscapes that can be covered in turf. As proposed, Ordinance No. 2023-1234 is equivalent to the State's MWELO regulations. Ordinance No. 2023-1234 proposes the following modifications to the current Water Efficient Landscape Regulations:

1. A more restrictive requirement to obtain approval of landscape and irrigation plans for new construction projects with an aggregate landscape area equal to or greater than 500 square feet. The previous threshold was 2,500 square feet of landscaped area for development projects.

2. Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review.

3. Existing landscaping for both residential and non-residential properties are required to comply with the water waste prevention measures of Section 16.12.250.

4. The definitions section of MWELO has been expanded to include new terms and concepts.

5. The maximum applied water allowance (MAWA) has been lowered from 70% of the reference evapotranspiration (ETo) to 55% for residential landscape projects, and to 45% of ETo for non-residential projects. This water allowance reduces the landscape area that can be planted with high water use plants.

6. Projects with multiple landscape installations (i.e., single-family subdivision), a soil sampling rate of one in seven lots or approximately 15 percent will be required.

7. Prior to planting, 4 yards of compost must be incorporated per 1000 sq. ft. of permeable area. Compacted soils must be transformed to a friable condition. The depth of mulch required was increased from 2 to 3 inches. Graywater and storm retention components must be indicated on the landscape plan.

8. Irrigation audits on applicable projects and separate landscape water meters shall be installed for all non-residential irrigated landscapes of 1,000 square feet but not more than 5,000 square feet and residential irrigated landscapes of 5,000 square feet or greater.

9. All proposed graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards.

10. The City of Imperial Beach is required to submit annual reports to the California Department of Water Resources (DWR) by December 31, 2015. The City has complied

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P a g e | 3
with this requirement since the initial reporting period and continues to report to the DWR annually.

The attached draft ordinance includes the proposed revisions of the IBMC as outlined above. On August 2, 2023, the City Council of the City of Imperial Beach had the first reading and introduction of Ordinance No. 2023-1234, which would add to and amend IBMC Chapter 16.12 to meet these new State regulations. This, therefore, will be the Second and Final Reading of this ordinance.

ENVIRONMENTAL DETERMINATION:

A California Environmental Quality Act (CEQA) Exemption (Section 15308) was previously adopted by the City.

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. 2023-1234 Adding and Amending IBMC Chapter ATT 2 - Exhibit A Additions and Amendments to IBMC Chapter 16.12

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ATTACHMENT 1
ORDINANCE NO. 2023-1234

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING CHAPTER 16.12 OF THE IMPERIAL BEACH MUNICIPAL

CODE RELATED TO WATER EFFICIENT LANDSCAPE REGULATIONS
WHEREAS, the City reviews and periodically updates its regulations to ensure that sustainable and best management practices in water conservation and landscape management are implemented; and
WHEREAS, the State Legislature has adopted the Water Conservation and Landscaping Act of 2008 (A.B. 1881, Laird) which requires cities to adopt landscape conservation ordinances by January 1, 2010; and
WHEREAS, on December 16, 2009, the City Council adopted Ordinance No. 2009-1095 to meet the thresholds established in the State Model Ordinance as required by the Water Conservation and Landscaping Act of 2008; and WHEREAS, on January 17, 2014, Governor Brown proclaimed a State of Emergency to exist throughout the State of California due to severe drought conditions; and
WHEREAS, on April 1 , 2015, Governor Brown issued Executive Order B-29-15 requiring, among other things, the DWR to update the State MWELO through expedited regulation. The updated Water Efficient Landscape Regulations increase water efficiency standards for new and existing landscapes through more efficient irrigation systems, greywater usage, onsite storm water capture, and by limiting the portion of landscapes that can be covered in turf. Executive Order B-29-15 requires reporting on the implementation and enforcement of local ordinances, with required reports due by December 31, 2015.

WHEREAS, this ordinance implements Executive Order B-29-15 and the provisions of this ordinance are equivalent to, or at least as effective in, conserving water as the provisions of the State MWELO; and
WHEREAS, this ordinance will increase water use efficiently by establishing water budgets, promoting installation and maintenance of efficient irrigation systems, encouraging use of plants that use water efficiently based on climate, soil type and site features and reduce water waste that occurs from irrigation runoff and overspray; 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 Code of Regulations and to clarify certain provisions related to Water Efficient Landscape Regulations. All provisions in Exhibit A to this Ordinance are necessary due to the climate, geology, topography, and environmental conditions in Imperial Beach.

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ATTACHMENT 1
NOW, THEREFORE, the City Council of the City of Imperial Beach does hereby ordain that:

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

Section 2. Chapter 16.12 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. 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 or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

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, on the 2nd day of August 2023, and thereafter PASSED AND ADOPTED at the regular meeting of the City Council of the City of Imperial Beach, California, held on the 16th day of August 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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ATTACHMENT 1
APPROVED AS TO FORM:

JENNIFER M. LYON

CITY ATTORNEY

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ORDINANCE NO. 20232009-
12341095

EXHIBIT A
CHAPTER 16.12. WATER EFFICIENT LANDSCAPE REGULATIONS

16.12.010. Purpose.

16.12.020. Findings.

16.12.030. Definitions

16.12.040. Applicability

16.12.050. Landscape Approval

16.12.060. Administration, Enforcement and Landscape Manual

16.12.070. Landscape Documentation Package

16.12.080. Soil Management Report

16.12.090. Planting and Irrigation Plan

16.12.100. Water Efficient Landscape Worksheet

16.12.110. Grading Design Plan

16.12.120. Irrigation Schedule

16.12.130. Maximum Applied Water Use

16.12.140. Estimated Total Water Use

16.12.150. Adjustment to Landscaped Area for Non-Vegetated Area

16.12.160. New Single Family Residential Projects with Limited Landscaping

16.12.170. Cemeteries

16.12.180. Regulations Applicable to Use of Turf on Landscaped Areas

16.12.190. Projects with Model Homes

16.12.200.

16.12.210.

Recycled Water
Graywater Systems

16.12.220

10. Landscaping and Irrigation Installation

16.12.230

20. Landscaping and Irrigation Maintenance

16.12.240

30. Certificate of Completion

16.12.250

40. Waste Water Prevention

16.12.270

50. Enforcement

16.12.280

60. 16.12.290.

Fees
Reporting

16.12.010. Purpose
The State Legislature determined in the Water Conservation in Landscaping Act (the “Act”), Government Code sections 65591 et seq., that the State’s water resources are in limited supply and are subject to ever increasing demands. The Legislature also recognized that while landscaping is essential to the quality of life in California, landscape design, installation, maintenance and management must be water efficient. The general purpose of this chapter is to establish landscaping efficiency standards for landscaping in the City that implement design requirements established by the Act. Consistent with the Legislature’s findings, the purpose of this chapterordinance is to:

A. Promote the values and benefits of landscaping practices that integrate and go Page 55 of 351 ORDINANCE NO. 20232009-
12341095

EXHIBIT A
beyond the conservation and efficient use of wateres while recognizing the need to utilize water and other resources as efficiently as possible.

B. Establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction.

C. Promote the use, when available, of tertiary treated recycled water, for irrigating landscaping.

D. Use water efficiently without waste by setting a Maximum Applied Water Allowance as an upper limit for water use and reduce water use for landscaping to the lowest practical amount.

E. Encourage water users of existing landscapes to water efficiently and without waste.

F. Landscapes that are planned, designed, installed, managed and maintained with the watershed based approach can improve California’s environmental conditions and provide benefits and realize sustainability goals. Such landscapes will make the urban environment resilient in the face of climatic extremes. Consistent with the legislative findings and purpose of the chapterOrdinance, conditions in the urban setting will be improved by:

1. Creating the conditions to support life in the soil by reducing compaction, incorporating organic matter that increases water retention, and promoting productive plant growth that leads to more carbon storage, oxygen production, shade, habitat and aesthetic benefits.

2. Minimizing energy use by reducing irrigation water requirements, reducing reliance on petroleum based fertilizers and pesticides, and planting climate appropriate shade trees in urban areas.

3. Conserving water by capturing and reusing rainwater and graywater wherever possible and selecting climate appropriate plants that need minimal supplemental water after establishment.

4. Protecting air and water quality by reducing power equipment use and landfill disposal trips, selecting recycled and locally sourced materials, and using compost, mulch and efficient irrigation equipment to prevent erosion.

5. Protecting existing habitat and creating new habitat by choosing local native plants, climate adapted non-natives and avoiding invasive plants. Utilizing integrated pest management with least toxic methods as the first course of action.

16.12.020. Findings.

This cChapter implements the Efficiency Regulations Water Conservation in Landscaping Act. The requirements of this chapter reduce water use associated with irrigation of outdoor landscaping by setting a maximum amount of water to be applied to landscaping and by designing, installing and maintaining water efficient landscapes Page 56 of 351 ORDINANCE NO. 20232009-
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consistent with the water allowance. The provisions of this chapterordinance are equivalent to and at least as effective as the provisions of the state Model Landscape Ordinance because the calculation of maximum applied water allowance (MAWA) and the resulting restrictions on irrigation and process are similar, though tailored to CityITY's existing regulatory procedures.

The requirements herein are intended to reduce water usage in Imperial Beach to the same extent as the Model Landscape Ordinance prepared by the State of California. In implementing this law, the City shall endeavor to apply the law in a manner which will result in long-term water savings to the Citizens of the State as required by law.

The water savings shall be achieved through permanent landscape rules using irrigation management, greater use of drought-tolerant plantings and improved design criteria.

If, after the adoption of this chapterordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D), and (G) of the Model Water Efficient Landscape Ordinance September 15, 2015 requirements in a manner that requires jurisdictions to incorporate the requirements of an updated Model Water Efficient Landscape Ordinance in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall apply and be enforced.

In adopting this cChapter the City Council finds and determines that this cChapter will be as effective as the state Model Landscape Ordinance and are based on the San Diego County Regional Model Ordinance with changes for local and climatic conditions. The threshold regulations are based on those in the State Model Landscape Ordinance as modified by the San Diego Regional Model Ordinance. The uniformity with the County Model will assist developers and property owners in meeting the requirements of this cChapter.

16.12.030. Definitions.

The following definitions shall apply to this chapter:
“Applied water” means the portion of water supplied by the irrigation system to the landscape.
“Automatic irrigation controller” means an automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers shall schedule irrigation events using either evapotranspiration (ETo) (weather-based) or moisture sensor data.
“Backflow prevention device” means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.
“Building permit” means a permit to engage in a certain type of construction on a specific location, including a plumbing permit. Page 57 of 351
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“Certified landscape irrigation auditor” means a person certified to perform landscape irrigation audit by an accredited academic institution, a professional trade organization or other accredited certification program.
“Check valve” or “anti-drain valve” means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.
“Common interest developments” means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351. “Compost” means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.
“Conversion factor (0.62)” means the number that converts acre-inches per acre per year to gallons per square foot per year.
“Distribution uniformity” means the measure of the uniformity of irrigation water over a defined area.
“Drip irrigation” means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
“Developer” means a person who seeks or receives permits for or who undertakes land development activities, who is not a single family homeowner. Developer includes developer’s partner, associate, employee, consultant, trustee or agent, or anyone who builds residential or commercial developments.
“Director” means the Director of Community Development or anyone to whom the Director has designated or hired to administer or enforce this chapter. “Discretionary Permit” means any permit requiring a decision-making body to exercise judgment prior to its approval, conditional approval or denial. “Ecological restoration project” means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
“Effective precipitation” or “usable rainfall” (Eppt) means the portion of total precipitation which becomes available for plant growth.
“Emitter” means a drip irrigation emission device that delivers water slowly from the system to the soil.
“Established landscape” means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.

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“Establishment period of the plants” means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment.

Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment. “Estimated total water use” (ETWU) means the estimated total water use in gallons per year for a landscaped area.
“ET adjustment factor” (ETAF) means a factor that when applied to reference evapotranspiration, adjusts for plant water requirements and irrigation efficiency, two major influences on the amount of water that is required for healthy landscape. “Evapotranspiration rate” means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. “Evapotranspiration” (ETo) means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time period. “Reference evapotranspiration” means a standard measurement of environmental parameters which affect the water use of plants. ETo is given in inches per day, month or year and is an estimate of the evapotranspiration of a large field of four-inches to seven-inches tallcool season turf that is well watered. Reference evapotranspiration is used as the basis of determining the MAWA so that regional differences in climate can be accommodated. “Flow rate” means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. “Flow sensor” means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or submeter.
“Friable” means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded.
“Fuel Modification Plan Guideline” means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone.
“Grading” means an importation, excavation, movement, loosening or compaction of soil or rock.
“Graywater” means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. “Graywater” includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers.

Health and Safety Code Section 17922.12. Page 59 of 351 ORDINANCE NO. 20232009-
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“Hardscape” means any durable surface material, pervious or non-pervious. “Homeowner-provided landscaping” means landscaping installed either by a private individual for a single family residence or installed by a licensed contractor hired by a homeowner.
“Hydrozone” means a portion of the landscape area having plants with similar water needs. A hydrozone may be irrigated or non-irrigated.
“Infiltration rate” means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).
“Invasive plant species” means vegetation that is not native to the area where it occurs and interferes with native species growing or attempting to grow in the area based on applicable federal or state guidelines for the location. “Irrigation audit” means an inspection which includes an in depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor.

An irrigation audit may include, but is not limited to, inspection, system tune up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow and preparation of an irrigation schedule. “Irrigation efficiency” (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this ordinance are 0.75 for overhead spray devices and 0.81 for drip systems. means the measurement of the amount of water beneficially used divided by the water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices.
“Irrigation survey” means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system. “Irrigation water use analysis” means an analysis of water use data based on meter readings and billing data.
“Landscape architect” means a person who holds a license to practice landscape architecture in the state of California Business and Professions Code, Section 5615. “Landscaped area” means an area with outdoor plants, turf and other vegetation that uses water provided by a public water purveyor within the City of Imperial Beach. A landscaped area includes a water feature either in an area with vegetation or that stands alone. A landscaped area may also include design features adjacent to an area with vegetation when allowed under section 16.12.150. A landscaped area does not include the footprint of a building, decks, patio, sidewalk, driveway, parking lot or other hardscape. A landscaped area also does not include an area without irrigation designated for nondevelopment such as designated open space or area with existing native vegetation. Page 60 of 351 ORDINANCE NO. 20232009-
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“Landscape contractor” means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems. “Landscape design manual” means the manual, approved by the Director of Community Development that establishes specific design criteria and guidance to implement the requirements of this chapter.
“Landscape Documentation Package” means the documents required under Section 23 CCR § 492.3.
“Landscape project” means total area of landscape in a project as defined in “landscape area” for the purposes of this ordinance, meeting requirements under Section 23 CCR § 492.1.
“Landscape water meter” means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use.
“Lateral line” means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.
“Local agency” means a city or county, including a charter city or charter county, that is responsible for adopting and implementing the ordinance. The local agency is also responsible for the enforcement of this ordinance, including but not limited to, approval of a permit and plan check or design review of a project.
“Local water purveyor” means any entity, including a public agency, city, county, or private water company that provides retail water service.
(a) “Landscape design manual” means the manual, approved by the Director of Community Development that establishes specific design criteria and guidance to implement the requirements of this chapter.
“Low head drainage” means a sprinkler head or other irrigation device that continues to emit water after the water to the zone in which the device is located has shut off. “Low volume irrigation” means the application of irrigation water at low pressure through a system of tubing or lateral lines and low volume emitters such as drip lines or bubblers. "Mass grading" means the movement of more than 5000 cubic yards of soil by mechanical means to alter the topographic features of a site.
“Main line” means the pressurized pipeline that delivers water from the water source to the valve or outlet.
“Master shut-off valve” is an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve.

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“Maximum Applied Water Allowance” (MAWA) means the maximum allowed annual water use for a specific landscaped area based on the square footage of the area, the ETAF and the reference ETo.
“Median” is an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses. “Microclimate” means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.
“Mined-land reclamation projects” means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. “Mulch” means an organic material such as leaves, bark, straw or inorganic mineral materials such as rocks, gravel or decomposed granite left loose and applied to the soil surface to reduce evaporation, suppress weeds, moderate soil temperature or prevent soil erosion.
“New construction” means, for the purposes of this ordinance, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.
“Non-residential landscape” means landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas.
“Operaing pressure” means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.
“Overhead sprinkler irrigation systems” or “overhead spray irrigation systems” means systems that deliver water through the air (e.g., spray heads and rotors). “Overspray” means the water from irrigation that is delivered outside an area targeted for the irrigation and makes contact with a surface not intended to be irrigated. “Parkway” means the area between a sidewalk and the curb or traffic lane. It may be planted or unplanted, and with or without pedestrian egress. “Passive area” means an area that receives irrigation but is not used for recreation and is intended for limited access, aesthetic uses.
“Permit” means an authorizing document issued by local agencies for new construction or rehabilitated landscapes.
“Pervious” means any surface or material that Page 62 of 351 allows the passage of water through the ORDINANCE NO. 20232009-
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material and into underlying soil.
“Plant factor” or “plant water use factor” is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this ordinance, the plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is

0.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this ordinance are derived from the publication “Water Use Classification of Landscape Species”. Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR).
“Project applicant” means the individual or entity submitting a Landscape Documentation Package required under Section 492.3, to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee.
(aa) "Plant factor" means a factor when multiplied by the ETo, estimates the amount of water a plant needs.
(bb) "Public water purveyor" means a public utility, municipal water district, municipal irrigation district or municipality that delivers water to customers. “Rain sensor” or “rain sensing shutoff device” means a component which automatically suspends an irrigation event when it rains.
“Record drawing” or “as-builts” means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor. (cc) “Recreational area” means an area intended for active use by persons for sports or other forms of recreation.
(dd) “Recycled water” means waste water that has been treated at the highest level required by the California Department of Health Services for water not intended for human consumption. "Tertiary treated recycled water" means water that has been through three levels of treatment including filtration and disinfection. “Reference evapotranspiration” or “ETo” means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in Appendix A, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances so that regional differences in climate can be accommodated. “Regional Water Efficient Landscape Ordinance” means a local Ordinance adopted by two or more local agencies, water suppliers and other stakeholders for implementing a consistent set of landscape provisions throughout a geographical region. Regional ordinances are strongly encouraged to provide a consistent framework for the landscape industry and applicants to adhere to. Page 63 of 351
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“Rehabilitated landscape” means any relandscaping project that requires a permit, plan check, or design review, meets the requirements of Section 23 CCR § 490.1, and the modified landscape area is equal to or greater than 2,500 square feet. “Residential landscape” means landscapes surrounding single or multifamily homes. (ee) ”Runoff” means water that is not absorbed by the soil or landscape to which it is applied and flows from the landscaped area.
“Soil moisture sensing device” or “soil moisture sensor” means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. “Soil texture” means the classification of soil based on its percentage of sand, silt, and clay.
(ff) “Special landscaped area” means an area of the landscape dedicated to edible plants, an area irrigated with recycled water or an area dedicated to active play such as a park’s sports field or golf course where turf provides a playing surface. “Sprinkler head” or “spray head” means a device which delivers water through a nozzle. “Static water pressure” means the pipeline or municipal water supply pressure when water is not flowing.
“Station” means an area served by one valve or by a set of valves that operate simultaneously.
“Swing joint” means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.
“Submeter” means a metering device to measure water applied to the landscape that is installed after the primary utility water meter.
(gg) "Subsurface irrigation" means an irrigation device with a delivery line and water emitters installed below the soil surface that slowly and frequently emit small amounts of water into the soil to irrigate plant roots.

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(hh) "Transitional area" means an area immediately adjacent to an area that contains vegetation but is not irrigated and will not be irrigated. (ii) ”Turf” means a groundcover surface of mowed grass. “Valve” means a device used to control the flow of water in the irrigation system. “Water conserving plant species” means a plant species identified as having a very low or low plant factor.
(jj) “Water feature” means a design element where open water performs an aesthetic or recreational function. A water feature includes a pond, lake, waterfall, fountain, artificial streams, spa and swimming pool where a public water purveyor within the City of Imperial Beach provides water for the feature. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices are not water features. “Watering window” means the time of day irrigation is allowed. “WUCOLS” means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension and the Department of Water Resources 2014.
(b) (kk) "WUCOLS III" means Water Use Classification of Landscape Species and refers to the Department of Water Resources 1999 publication authored by a U.C.

Cooperative extension employee, Larry Costello.

16.12.040. Applicability
A. After December 1, 2015, and consistent with Executive Order No. B-29-15, this chapterordinance shall apply to all of the following landscape projects: This chapter shall apply to the following projects for which the City requires a building permit or a discretionary permit after the chapter's effective date:

1. New construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review.

A project for an industrial, commercial, institutional or multi-family residential use where the landscaped area is greater than or equal to 2,500 square feet). (1) Developer installed residential and common area landscapes where the total landscaped area for the development is greater than or equal to 2,500 square feet.
(2) A new single family residence with homeowner provided landscaping, where the landscaped area is greater than or equal to 5,000 square feet. (3) A model home that includes a landscaped area.

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(4) A public agency project that contains a landscaped area 2,500 square feet or more.

A rehabilitated landscape for an existing industrial, commercial, institutional, public agency or multifamily use where a building permit or discretionary permit is being issued and the applicant is installing or modifying 2,500 square feet or more of landscaping.

2. Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review

3. Existing landscapes limited to Sections 23 California Code of Regulations (CCR) § 493, 23 CCR § 493.1 and 23 CCR § 493.2; and

1.4. Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 23 CCR § 492.4, 492.11, and 492. 12; and existing cemeteries are limited to Sections 23 CCR § 493, 493.1, and 493.2A cemetery under limited requirements in section

16.12.170.

B.(b) For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than 2500 sq. ft. of landscape and meets the lot or parcel's landscape water requirement (Estimated Total Water Use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to 23 CCR Div. 2 Ch. 2.7 App. D.

A new single-family residence with homeowner provided landscaping, where the landscape area is less than 5,000 square feet, under limited requirements in section 16.12.160.

C. This chapter shall not apply to the following:

1. A registered local, state or federal historical site.

2. An ecological restoration project that does not require a permanent irrigation system.

3. A mined land reclamation project that does not require a permanent irrigation system.

4. Existing plant collections, as part ofA botanical garden or arboretum, open to the public.

5. Any single-family residence that is being rebuilt after it was destroyed due to a natural disaster, such as a fire, earthquake, hurricane or tornado.

16.12.050. Landscape Approval
A. No person who installs landscaping for a pr Page 66 of 351oject subject to this chapter shall install ORDINANCE NO. 20232009-
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landscaping without the review and approval required by this chapter.

B. A person constructing a project subject to the requirements of this chapter, as set out in section 16.12.040, shall obtain approval for the landscaped area as follows:

1. A person applying for a building permit for a single family residence shall obtain an approval of the landscaping from the City of Imperial Beach as part of the permitting process.

2. A person applying for a discretionary permit described in section 16.12.040:
a. Shall submit a landscape concept plan with the discretionary permit application. The concept plan shall include representation of the site features, proposed plantings areas and the proposed method and type of irrigation.
b. Shall obtain approval for landscaping as part of the permitting process for each building permit for each project segment that requires installation of a water meter or connection to an existing water meter.
c. May use “typical” plans for Developer-installed landscaping for Single-family homes.

16.12.060. Administration, Enforcement and Landscape Manual.

A. The Director of Community Development or designee shall administer and enforce this chapter.

B. The Director of Community Development or designee shall prepare a landscape design manual that provides guidance to applicants on how to comply with the requirements of this chapter. The Director of Community Development or designee may designate the County of San Diego’s Landscape Manual or other local jurisdiction, as they are applicable to the requirements of this Chapter, as the City of Imperial Beach Landscape Manual.

16.12.070. Landscape Documentation Package.

A. Except as provided in subsection B.(b) an application for a building permit for a project described in Section 16.12.040 shall submit a landscape documentation package that complies with the provisions of this chapter and with the Landscape Design Manual with the permit application.

B. An applicant for a building permit for a single family residence with a landscaped area less than 5005,000 square feet is not required to submit a landscape documentation package with the permit application, but shall comply with section 16.12.160. An applicant for a permit for a cemetery is not required to submit a landscape documentation package, but shall comply with section 16.12.170.

C. The landscape documentation package required by subsection A.(a) shall contain the Page 67 of 351 ORDINANCE NO. 20232009-
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following:

1. A soil management report and plan that complies with section 16.12.080 that analyzes the soil within each landscaped area of the project and makes recommendations regarding soil additives.

2. Planting and irrigation plans that comply with section 16.12.090 that describe the landscaping and irrigation for the project.

3. A water efficient landscape worksheet that complies with the section

16.12.100 that calculates the MAWA and the ETWU for the project.

4. A grading design plan that complies with section 16.12.110 that describes the grading of the project. If the project applicant has submitted a grading plan with the application for the project, the Director may accept that grading plan in lieu of the grading design plan required by this subsection if the grading plan complies with section 16.12.110.

16.12.080. Soil Management Report.

A. The soil management report required by section 16.12.070 shall be prepared by a licensed landscape architect, licensed civil engineer, or licensed architect, or other person with similar training necessary to approve the applicable plan, and contain the following information:

1. An analysis of the soil for the proposed landscape areas of the project that includes information about the soil texture, soil infiltration rate, pH, total soluble salts, sodium, percent organic matter.

2. Recommendations about soil amendments that may be necessary to foster plant growth and plant survival in the landscaped area using efficient irrigation techniques.

2.3. In projects with multiple landscape installations (i.e., single-family subdivision), a soil sampling rate of one in seven lots or approximately 15 percent will satisfy this requirement. Large landscape projects shall sample at a rate equivalent to one in seven lots.

B. When a project involves mass grading of a site, the applicant shall submit the soil management report that complies with subsection (a) above with the certificate of completion.

C. The soil management report shall include information regarding proposed soil amendments and mulch:

1. The report shall identify the type and amount of mulch for each area where mulch is applied. Mulch shall be used as follows:
a. A minimum threetwo-inch layer of mulch shall be applied on all exposed soil surfaces in each landscaped area except in turf areas, Page 68 of 351 ORDINANCE NO. 20232009-
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creeping or rooting ground covers or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to 5 % of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
b. Stabilizing mulch shall be applied on slopes
c. The mulching portion of seed/mulch slurry in hydro-seeded applications shall comply with subsection (a) above.
d. Highly flammable mulch material shall not be used.

2. Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement.

3. For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top 6 inches of soil are exempt from adding compost and tilling.

2.4. The report shall identify any soil amendments and their type and quantity.

16.12.090 PLANTING AND IRRIGATION PLANS
A. The planting and irrigation plans required by section 16.12.070 shall be prepared by a licensed landscape architect, licensed civil engineer, licensed architect or other person with similar professional training necessary to approve the applicable Plan. The plans shall:

1. Include the MAWA for the plans, including the calculations used to determine the MAWA. The calculations shall be based on the formula in section

16.12.130.

2. Included the ETWU for the plans, including the calculations used to determine the ETWU. The calculations shall be based on the formula in section

16.12.140.

3. Include a statement signed under penalty of perjury by the person who prepared the plan that provides, "I am familiar with the requirements for landscape and irrigation plans contained in the City of Imperial Beach’s Water Efficient Landscape Regulations. I have prepared this plan in compliance with those regulations and the Landscape Design Manual. I certify that the plan implements those regulations to provide efficient use of water."

4. Demonstrate compliance with best management practices required by Chapters 8.31 & 8.32 of the Imperial Beach Municipal Code (Watershed Protection, Stormwater Management and Discharge Control regulations).

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5. Address fire safety issues and demonstrate compliance with applicable State and City of Imperial Beach requirements for defensible space around buildings and structures and shall avoid the use of fire prone vegetation.

B. The planting plan shall meet the following requirements:

1. The plan shall include a list of all vegetation by common and botanical plant name, which exists in the proposed landscaped area. The plan shall state what vegetation will be retained and what will be removed.

2. The plan shall include a list of all vegetation by common and botanical plant name which will be added to each landscaped area. No invasive plant species shall be added to a landscaped area. The plan shall include the total quantities by container size and species. If the applicant intends to plant seeds, the plan shall describe the seed mixes and applicable purity and germination specifications.

3. The plan shall include a detailed description of each water feature that will be included in the landscaped area.

4. The plan shall be accompanied by a drawing showing on a page or pages, the specific location of all vegetation, retained or planted, the plant spacing and plant size, natural features, water features, and hardscape areas.

The drawing shall include a legend listing the common and botanical plant name of each plant shown on the drawing.

5. All plants shall be grouped in hydrozones and the irrigation shall be designed to deliver water to hydrozones based on the moisture requirements of the plant grouping. A hydrozone may mix plants of moderate and low water use or mix plants of high water use with plants of moderate water use. No high water use plants shall be allowed in a low water use hydrozone. The plan shall also demonstrate how the plant groupings accomplish the most efficient use of water.

6. The plan shall identify areas permanently and solely dedicated to edible plants.

7. The plan shall demonstrate that landscaping when installed and at maturity will be positioned to avoid obstructing motorists' views of pedestrian crossings, driveways, roadways and other vehicular travel ways. If the landscaping will require maintenance to avoid obstructing motorist's views, the plan shall describe the maintenance and the frequency of the proposed maintenance.

8. The plan shall avoid the use of landscaping with known surface root problems adjacent to a paved area, unless the plan provides for installation of root control barriers or other appropriate devices to control surface roots.

9. Plants in a transitional area shall consist of a combination of site adaptive and compatible native and/or non-native species. No invasive species shall be introduced or tolerated in a tr Page 70 of 351 ansitional area. The irrigation in a ORDINANCE NO. 20232009-
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transitional area shall be designed so that no overspray or runoff shall enter an adjacent area that is not irrigated.

10. On a project other than a single-family residence, the plan shall identify passive and active recreational areas.

11. Identify location, installation details, and 24-hour retention or infiltration capacity of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Project applicants shall refer to the local agency or regional Water Quality Control Board for information on any applicable stormwater technical requirements.

10.12. Identify any applicable graywater discharge piping, system components and area(s) of distribution
C. The Irrigation Plan shall meet the following requirements:

1. The plan shall show the location, type and size of all components of the irrigation system that will provide water to the landscaped area, including the controller, water lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices.

2. Landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all non-residential irrigated landscapes of 1,000 sq. ft. but not more than 5,000 sq.ft. (the level at which Water Code 535 applies) and residential irrigated landscapes of 5,000 sq. ft. or greater. A landscape water meter may be either
a. A customer service meter dedicated to landscape use provided by the local water purveyor; or
b. A privately owned meter or submeter.

1.3. The plan shall show the static water pressure at the point of connection to the public water supply and the flow rate in gallons, the application rate in inches per hour and the design operating pressure in pressure per square inch for each station.

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2.4. The irrigation system shall be designed to prevent runoff, overspray, low- head drainage and other similar conditions where irrigation water flows or sprays onto areas not intended for irrigation. The plan shall also demonstrate how grading and drainage techniques promote healthy plant growth and prevent erosion and runoff.

3.5. The plan shall identify each area irrigated with recycled water.

4.6. The plan shall provide that any slope greater than 25 percent will be irrigated with an irrigation system with a precipitation rate of .75 inches per hour or less to prevent runoff and erosion. As used in this chapter, 25 percent grade means one foot of vertical elevation change for every four feet of horizontal length. An applicant may employ an alternative design if the plan demonstrates that no runoff or erosion will occur.

5.7. The plan shall provide that all wiring and piping under a paved area that a vehicle may use, such as a parking area, driveway or roadway, will be installed inside a PVC conduit.

6.8. The plan shall provide that irrigation piping and irrigation devices that deliver water, such as sprinkler heads, shall be installed below grade if they are within 24 inches of a vehicle or pedestrian use area. The Director may allow on- grade piping where landform constraints make below grade piping infeasible.

7.9. The plan shall provide that only low volume or subsurface irrigation shall be used to irrigate any vegetation within 24 inches of an impermeable surface unless the adjacent impermeable surfaces are designed and constructed to cause water to drain entirely into a landscaped area.

8.10. The irrigation system shall provide for the installation of a manual shutoff valve as close as possible to the water supply. Additional manual shutoff valves shall be installed between each zone of the irrigation system and the water supply.

9.11. The irrigation system shall provide that irrigation for any landscaped area will be regulated by an automatic irrigation controller.

12. The irrigation system shall be designed with landscape irrigation efficiency necessary to meet the MAWA.

13. The plan shall provide master shut-off valves except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.

14. The plan shall provide low sensors that detect high flow conditions created by system damage or malfunction are required for all on non-residential landscapes and residential landscapes of 5000 sq. ft. or larger.

15. All irrigation emission devices mu Page 72 of 351st meet the requirements set in the ORDINANCE NO. 20232009-
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American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers'/International Code Council's (ASABE/ICC) 802-2014 “Landscape Irrigation Sprinkler and Emitter Standard, All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014

10.16. Areas less than ten (10) feet in width in any direction on the plans shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.

11.17. The plan shall describe each automatic irrigation controller the system uses to regulate the irrigation schedule and whether it is a weather based system or moisture detection system. The plan shall depict the location of electrical service for the automatic irrigation controller or describe the use of batteries or solar power that will power valves or a smart controller.

16.12.100. Water Efficient Landscape Worksheet.

The water efficient landscape worksheet required by section 16.12.070 shall be prepared by a licensed landscape architect, licensed civil engineer, licensed architect or other person with similar professional training and shall contain the following:

A. A hydrozone information table that contains a list of each hydrozone in the landscaped area of the project and complies with the following requirements:

1. For each hydrozone listed, the table shall identify the plant types and water features in the hydrozone, the irrigation methods uses, the square footage and the percentage of the total landscaped area of the project that the hydrozone represents.

2. The plant types shall be categorized as turf, high water use, moderate water use or low water use.

2.3. Information on the plant factor, irrigation method, irrigation efficiency, and area associated with each hydro-zone. Calculations shall be made to show that the evapotranspiration adjustment factor (ETAF) for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for non-residential areas, exclusive of special landscape areas. The ETAF for a landscape project is based on the plant factors and irrigation methods selected. The maximum applied water allowance is calculated based on the maximum ETAF allowed (0.55 for residential areas and 0.45 for non-residential areas) and expressed as annual gallons required. The estimated total water use (ETWU) is calculated based on the plants used and irrigation method selected for the landscape design. ETWU must be below the MAWA.

B. Water budget calculations, which shall meet the following requirements:

1. The plant factor used shall be from WUCOLS III. The plant factor ranges from

0.1 for very low water use plants, 0.3 fo Page 73 of 351r low water use plants, 0.5 for moderate ORDINANCE NO. 20232009-
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water use plants, and 0.8 for high water use plants. A plan that mixes plants in a hydrozone that require a different amount of water shall use the plant factor for the highest water using plant in the hydrozone. Turf shall have a plant factor of 1.0.

2. All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.Temporarily irrigated areas shall be included in the low water use hydrozone. Temporarily irrigated as used in this chapter means the period of time when plantings only received water until they become established.

2. 3. All Special Landscape Areas shall be identified and their water use calculated as shown in 23 CCR Div. 2 Ch. 2.7 Appendix B.

3. The surface area of a water feature shall be included in a high water use hydrozone.

3.4. The calculations shall use the formula for the MAWA in section

16.12.130 and for the ETWU in section 16.12.140.

4. ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0.Each special landscaped area shall be identified on the worksheet and the area’s water use calculated using an ETAF of 1.0.

16.12.110. Grading Design Plan.

The grading design plan required by section 16.12.070 shall be prepared by a California licensed civil engineer, licensed landscape architect, licensed architect or person with similar professional training and shall comply with the following requirements:

A. The grading on the project site shall be designed for the efficient use of water by minimizing soil erosion, runoff and water waste, resulting from precipitation and irrigation.

C. The plan shall show the finished configurations and elevations of each landscaped area including the height of graded slopes, the drainage pattern, pad elevations, finish grade and any stormwater retention improvements.

16.12.120. Irrigation Schedule.

The irrigation schedule required by section 16.12.070 shall be prepared by a licensed landscape architect, licensed civil engineer, licensed architect or person with similar professional training and provide the following information.

A. A description of the automatic irrigation system that will be used for the project.

B. The evapotranspiration data relied on to develop the irrigation schedule, including the source of the data.

C. The time period when overhead irrigation will be scheduled and confirm that no overhead irrigation shall be used between the hours of 10:00 a.m. and 8:00 p.m. Page 74 of 351 ORDINANCE NO. 20232009-
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D. The parameters used for setting the irrigation system controller for watering times for:

1. The plant establishment period.

2. Established landscaping.

3. Temporarily irrigated areas

4. Different seasons during the year.

E. The consideration used for each station for the following factors:

1. The days between irrigation.

2. Station run time in minutes for each irrigation event, designed to avoid runoff.

3. Number of cycle starts required for each irrigation event, designed to avoid runoff.

4. Amount of water to be applied on a monthly basis.

5. The root depth setting.

6. The plant type setting.

7. The soil type.

8. The slope factor

9. The shade factor.

16.12.130. Maximum Applied Water Use.

A. A landscape project subject to this chapter shall not exceed the MAWA. The MAWA for a landscape project shall be determined by the following calculation:

MAWA = (ETo)(0.62)[0.7 x LA + 0.3 x SLA]
B. The abbreviations used in the equation have the following meanings:

1. MAWA = Maximum Applied Water Allowance in gallons per year.

2. ETo = Evapotranspiration in inches per year.

3. 0.62 = Conversion factor to gallons per square foot.

4. 0.7 = ET adjustment factor for plant factors and irrigation efficiency

5. LA = Landscaped area includes special landscaped area in square feet. Page 75 of 351 ORDINANCE NO. 20232009-
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6. 0.3 = the additional ET adjustment factor for a special landscaped area (1.0 – 0.7 = 0.3)

7. SLA = Portion of the landscaped area identified as a special landscaped area in square feet.

16.12.140. Estimated Total Water Use.

A. An applicant for a project subject to this chapter shall calculate the ETWU for each landscaped area and the entire project using the following equation:

ETWU = (ETo)(0.62)(PF x HA / IE + SLA)
B. The abbreviations used in the equation have the following meanings:

1. ETWU = Estimated total water use in gallons per year.

2. ETo = Evapotranspiration in inches per year.

3. 0.62 = Conversion factor to gallons per square foot.

4. PF = Plant factor from WUCOLS

5. HA = Hydrozone Area in square feet. Each HA shall be classified based upon the data included in the landscape and irrigation plan as high, medium or low water use.

6. IE = Irrigation Efficiency (minimum 0.71).

7. SLA = Special landscaped area in square feet.

C. The ETWU for a proposed project shall not exceed the MAWA.

16.12.150. Adjustment to Landscaped Area for Non-Vegetated Area.

Rock and stone or pervious design features, such as decomposing granite ground cover that are adjacent to a vegetated area may be included in the calculation of the MAWA and ETWU provided the features are integrated into the design of the landscape area and primary purpose of the feature is decorative.

16.12.160. New Single Family Residential Projects with Limited Landscaping.

An applicant for a building permit for a new single family residence subject to this chapter where the landscaped area of the project is less than 2,500 square feet for rehabilitated landscapes and 500 square feet for new developmentless than 5,000 square feet shall, as a condition of obtaining a building permit, submit an application to establish a MAWA and/or a best landscape design practices checklist for the property on the form approved by the Director.

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A. A person submitting an application for a cemetery shall submit the following:

1. A concept plan, as described in section 16.12.050.

2. A water efficient irrigation worksheet that calculated the MAWA for the project with the application that complies with section 16.12.100.

3. A landscape irrigation and maintenance schedule that complies with 16.12.230.

16.12.180. Regulations Applicable to Use of Turf on Landscaped Areas.

The following regulations shall apply to the use of turf on a project subject to this chapter:

A. Only low volume or subsurface irrigation shall be used for turf in a landscaped area:

1. On a slope greater than 25 percent grade where the toe of the slope is adjacent to an impermeable hardscape.

2. Where any dimension of the landscaped area is less than six feet wide.

B. On a commercial, industrial or multi-family project, no turf shall be allowed on a center island median strip or on a parking lot island.

C. A ball field, park, golf course, cemetery and other similar use shall be designed to limit turf in any portion of a landscaped area not essential for the operation of the facility.

D. No turf shall be allowed in a landscaped area that cannot be efficiently irrigated, such as avoiding runoff or overspray.

D.E. These regulations do not apply to the use of artificial turf.

16.12.190. Projects with Model Homes.

A person who obtains a permit to construct a single family residential development that contains a model home shall provide a summary of this chapter prepared by the Director of Community Development to each adult visitor that visits a model home. If an adult visitor is accompanied by one or more adults during the visit, only one set of written materials is required to be provided. Each model home shall provide an educational sign in the front yard of the model home visible and readable from the roadway that the home faces that states in capital black lettering at least two inches high on a white sign, “THIS MODEL HOME USES WATER EFFICIENT LANDSCAPING AND IRRIGATION.”

16.12.200. Recycled Water.

A. A person who obtains a permit for a project that is subject to this chapter shall use recycled water for irrigation when tertiary treated recycled water is available from

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B. the water purveyor who supplies water to the property for which the City issues a permit.

C. A person using recycled water shall install a dual distribution system for water received from a public water surveyor. Pipes carrying recycled water shall be purple.

D. A person who uses recycled water under this section shall be entitled to an ETAF of

1.0. E. This section does not excuse a person using recycled water from complying with all State and local laws and regulations related to recycled water use.

16.12.210. Graywater Systems.
(a) Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards. Refer to Section 16.12.040 (b) for the applicability of this ordinance to landscape areas less than 2,500 square feet with the Estimated Total Water Use met entirely by graywater.

16.12.220210. Landscaping and Irrigation Installation.

A person issued a landscape approval for a project, other than a single-family residence where the landscaped area of the project is less than 2,500 square feet for rehabilitated landscapes and 500 square feet for new development, shall install the approved landscaping and irrigation system before final inspection of the project.A person issued a water use authorization for a project other than a single family residence where the landscaped area of the project is less than 5,000 square feet shall install the approved landscaping and irrigation system before final inspection of the project.

16.12.230220. Landscaping and Irrigation Maintenance.

A. A property owner using water on property subject to a landscape approval other than a single-family residence with a total landscaped area less than 2,500 square feet for rehabilitated landscapes and 500 square feet for new development less than 5,000 square feet, shall prepare a maintenance schedule for the landscaping and irrigation system on the project. The schedule shall provide for (1) routine inspection to guard against runoff and erosion and to detect plant or irrigation system failure, (2) replacement of dead, dying and diseased vegetation, (3) eradication of invasive species, (4) repairing the irrigation system and its components, (5) replenishing mulch, (6) soil amendment when necessary to support and maintain healthy plant growth, (7) fertilizing, pruning and weeding and maintaining turf areas, and (8) maintenance to avoid obstruction of motorists’ view. The schedule shall also identify who will be responsible for maintenance.

B. After approval of a landscape plan, the owner is required to:

1. Maintain and operate the landscaping and irrigation system on the property consistent with the MAWA.

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2. Maintain the irrigation system to meet or exceed an irrigation efficiency necessary to meet MAWA.

3. Replace broken or malfunctioning irrigation system components with components of the same materials and specifications, their equivalent or better.

4. Ensure that when vegetation is replaced, replacement plantings are representative of the hydrozone in which the plants were removed and are typical of the water use requirements of the plants removed, provided that the replaced vegetation does not result in mixing high water use plants with low water use plants in the same hydrozone.

16.12.240230. Certificate of Completion.

Each person issued a landscape approval, other than a single family residence with a total landscaped area of less than 2,500 square feet for rehabilitated landscapes and 500 square feet for new development less than 5,000 square feet shall submit:

A. A signed certificate of completion, under penalty of perjury, on a form provided by the Director of Community Development within 10 days after installation.

1. The certificate shall include a statement verifying that the landscaping and irrigation were installed as allowed in the approved landscape and irrigation plan, all approved soil amendments were implemented, the installed irrigation system is functioning as designed and approved, the irrigation control system was properly programmed in accordance with the irrigation schedule, and the person operating the system has received all required maintenance and irrigation plans.

2. Where there have been significant changes to the landscape plan during the installation of landscaping or irrigation devices or irrigation system components, the professional of record for the landscape design shall submit “as built” plans that show the changes.

3. The certificate shall be signed by the professional of record for the landscape design.

B. An irrigation schedule that complies with section 16.12.120 that describes the irrigation times and water usage for the project. A soil management report that complies with section 16.12.080, if the applicant did not submit the report with the landscape documentation package.

16.12.250240. Waste Water Prevention.

A. No person shall use water for irrigation that due to runoff, low head drainage, overspray or other similar condition, water flows onto adjacent property, non-irrigated areas, structures, walkways, roadways or other paved areas.

B. No person whose landscape is subject to a landscape approval pursuant to this chapter shall apply water to the landscape in excess of the MAWA.

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approved landscape documentation package as required by this section.

C. The local agency shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the Maximum Applied Water Allowance.

16.12.260. Irrigation Audit.

A. This section shall apply to all existing landscapes that were installed before December 1, 2015 and are over one acre in size.
• For all landscapes in Section 16.12.040 A.1.(a)(1) that have a water meter, the local agency shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes. The Maximum Applied Water Allowance for existing landscapes shall be calculated as: MAWA = (0.8) (ETo) (LA) (0.62).
• For all landscapes in Section 16.12.040 A. 1.(a)(1), that do not have a meter, the local agency shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.

B. (b) All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

16.12.270250. Enforcement
A. This cChapter shall be enforced using the civil and criminal provisions found in Title I (General Provisions) of the Imperial Beach Municipal Code. All remedies are cumulative.

B. Nothing herein prevents the City from inspecting properties, in a manner allowed by law, to determine if violations of this Chapter have occurred, including the use of water audit procedures as authorized by law.

16.12.280260. Fees
An applicant for a project subject to this chapter shall include with the application, all fees established by Resolution by the City Council to cover the City’s cost to review an application, any required landscape documentation package and any other documents the City reviews pursuant to the requirements of this chapter.

16.12.290. Reporting

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A. Local agencies shall report on implementation and enforcement by December 31, 2015. Local agencies responsible for administering individual ordinances shall report on their updated ordinance, while those agencies developing a regional ordinance shall report on their existing ordinance. Those agencies crafting a regional ordinances shall also report on their new ordinance by March 1, 2016. Subsequently, reporting for all agencies will be due by January 31st of each year. Reports shall be submitted to the Department of Water Resources.

B. Local agencies are to address the following:

1. State whether you are adopting a single agency ordinance or a regional agency alliance ordinance, and the date of adoption or anticipated date of adoption.

2. Define the reporting period. The reporting period shall commence on December 1, 2015 and the end on December 28, 2015. For local agencies crafting regional ordinances with other agencies, there shall be an additional reporting period commencing on February 1, 2016 and ending on February 28, 2016. In
subsequent years, all local agency reporting will be for the calendar year.

3. State if using a locally modified Water Efficient Landscape Ordinance (WELO) or the MWELO. If using a locally modified WELO, how is it different than MWELO, is it at least as efficient as MWELO, and are there any exemptions specified?

4. State the entity responsible for implementing the ordinance.

5. State number and types of projects subject to the ordinance during the specified reporting period.

6. State the total area (in square feet or acres) subject to the ordinance over the reporting period, if available.

7. Provide the number of new housing starts, new commercial projects, and landscape retrofits during the reporting period.

8. Describe the procedure for review of projects subject to the ordinance.

9. Describe actions taken to verify compliance. Is a plan check performed; if so, by what entity? Is a site inspection performed; if so, by what entity? Is a post-installation audit required; if so, by whom?

10. Describe enforcement measures.

11. Explain challenges to implementing and enforcing the ordinance.

12. Describe educational and other needs to properly apply the Page 81 of 351 ORDINANCE NO. 20232009-
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ordinance.

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August 16, 2023
ITEM TITLE: ORDINANCE NO. 2023-1233 ADOPTING REGULATIONS FOR THE RETAIL SALE OF FIREARMS/AMMUNITION; AND A CEQA EXEMPTION. (0260-38) ORIGINATING DEPARTMENT:

Community Development
EXECUTIVE SUMMARY:

The City recently received a business license application from a proposed firearms and ammunition retailer looking to locate a storefront retail use in Imperial Beach in the C/MU-1 (General Commercial and Mixed-use) zone on Palm Avenue. The City does not currently have any specific regulations related to firearms or ammunition retail uses. The Council adopted an interim moratorium ordinance related to the retail sale of firearms and ammunition in the City at the June 21, 2023 Council meeting to allow the City time to study the matter further. The interim moratorium ordinance expired on or about August 4, 2023. City Staff studied the matter since the adoption of the interim ordinance. On August 2, 2023, City Council considered the appropriate zoning classification for this use and adopted appropriate reasonable regulations as it relates to this proposed retail use.

RECOMMENDATION:

City Staff recommends that the City Council conduct the second reading and adopt Ordinance No. 2023-1233 by title only.

OPTIONS:

The City Council can also:
 Provide direction to modify the ordinance prior to further consideration by the City Council; or
 Continue the item and provide direction to the City Manager to obtain additional information.

BACKGROUND/ANALYSIS:

The City recently received a business license application from a proposed firearms retailer looking to locate a storefront retail use in Imperial Beach in the C/MU-1 zone on Palm Avenue. Per Imperial Beach Municipal Code (IBMC) sections 4.04.110 and 4.04.130, the business license cannot be issued until the City has determined that the use is in compliance with the City’s zoning

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laws. The only potentially applicable use in the C/MU-1 zone is general retail use. Otherwise, the City does not specifically regulate the sale of firearms or ammunition. Because there are no specific regulations, a firearm retail establishment may potentially be considered a general retail use.

After consideration of this matter at the June 21, 2023 Council meeting, the City Council adopted an interim moratorium on firearms and ammunition retails use in the City to allow the City time to study the matter further. The interim moratorium expires on or about August 4, 2023 and no extension of that interim moratorium is currently proposed.

On August 2, 2023, the City Council adopted Resolution No. 2023-60, which would allow the retail use in the C/MU-1 zone of the sale of firearms and ammunition if done in compliance with all federal, state, and local laws, then City Staff has drafted some proposed regulations for City Council consideration that would apply to any new businesses approved after the effective date of the ordinance. The draft regulations were prepared after a review of regulations in other cities in California to address security, operational, and locational requirements and a review of Imperial Beach’s unique local characteristics and its current zoning laws.

The Second Amendment to the United States Constitution upholds an individual’s right to “bear arms.” Federal and state laws regulate the sale and possession of firearms. Heightened sensitivity and community concern regarding firearms have prompted federal, state, and local governments to consider options to mitigate gun violence and promote gun safety. As such, various local agencies across California have adopted a variety of regulations on retailers that sell firearms or ammunition. These types of regulations have been upheld by state and federal courts. In California, approximately 105 jurisdictions require firearm dealers to obtain a local license or permit in order to operate. Also, approximately 37 jurisdictions in California require firearm dealers to meet standards for site security and safe storage of inventory that are more rigorous than what is required by California Penal Code sections 26890 and 17110. In addition, approximately 29 jurisdictions in California prohibit firearm dealers from operating within certain distances of “sensitive areas,” such as schools and parks.

The City Council considered adopting reasonable regulations with respect to operation of these businesses within the City if the right to acquire firearms is not meaningfully constrained and such regulations are meant to protect public safety. The proposed regulations allow firearms and ammunition retail uses to locate in the C/MU-1 zone which is compatible with the locational restrictions of other similar oriented businesses in the City that require age restrictions for purchase or entry such as cannabis facilities and adult oriented businesses. Based on the size and limited commercial areas in the City, Staff believes this location is reasonable and provides prospective businesses with ample areas to locate a business. The C/MU-1 zone is located along the City’s busy commercial corridor and provides a prospective business with the most visible locations in the City. The proposed regulations include buffers from sensitive uses such as schools and parks and other similar retail uses. These buffers are shown on the map in Attachment 5.

Additionally, none of these regulations meaningfully restrain a person’s right to acquire firearms as there is a Big Five store located less than two miles from the Imperial Beach city limits (before entry onto Interstate 5) that sells firearms and ammunition.

As previously stated, the IBMC does not specifically regulate this type of business although many other unique businesses are specifically regulated in the IBMC with additional licensing and zoning requirements. On August 2, 2023, City Council adopted Resolution No. 2023-60 allowing City Staff to process any business applications that propose this retail use in the C/MU-1 zone.

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Additionally, City Council adopted specific operating regulations for such businesses, by adopting urgency Ordinance No. 2023-1232, including Exhibit A which went into effect immediately to protect the health and safety of the residents of the City by implementing immediate reasonable operating regulations. City Council also conducted the first reading and introduction of Ordinance No. 2023-1233, an identical regular ordinance with the same regulations, which goes into effect under the normal first and second reading process and would go into effect 30 days after adoption.

Ordinance No. 2023-1233 only requires a majority vote of the Council.

ENVIRONMENTAL DETERMINATION:

Adoption Ordinance No. 2023-1233 is exempt from review under the California Environmental Quality Act (CEQA) pursuant to the following, each a separate and independent basis: CEQA Guideline Section 15183 (Action Consistent with the General Plan and Zoning); Section 15378; and Section 15061(b)(3) (No Significant Environmental Impact).

FISCAL IMPACT:

ATTACHMENTS:

ATT 1 - Ordinance No. 2023-1233
ATT 2 - Exhibit A to both Ordinances (2023-1232 and 2023-1233) ATT 3 - Map with Buffer Zones

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1 ATTACHMENT 1
ORDINANCE NO. 2023-1233

AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF IMPERIAL BEACH,

CALIFORNIA, AMENDING THE IMPERIAL BEACH MUNICIPAL CODE TO ADD CHAPTER

4.58 FIREARMS AND AMMUNITION RETAIL ESTABLISHMENTS
WHEREAS, government at all levels has a substantial interest in protecting the public with respect to the location and manner of sale or use of firearms and ammunition; and WHEREAS, under the City’s current Municipal Code and zoning ordinance, the sale of firearms or ammunition is not specifically regulated and may be considered as permitted by right in Commercial/Mixed-Use zoning districts; and
WHEREAS, many of the Commercial/Mixed-Use zoning districts include, are adjacent to, or are in close proximity to residential neighborhoods and other uses that include schools, child day care facilities, places of public assembly, community centers, and parks; and WHEREAS, other California cities have adopted reasonable business and zoning regulations that govern the sale of firearms or ammunition that have been upheld by the courts; and
WHEREAS, additionally, this type of use may be considered a unique use because sales can include both new and used merchandise and can also include private party transactions where a firearm is brought into the store to be transferred between private parties through the firearms license of the storeowner. The sale of ammunition and/or firearms may also be determined to be a sensitive use with respect to the location and operation of any such businesses which require additional requirements similar to other types of retail uses found in the IBMC such as pawn shops, cannabis outlets, smoke shops, and liquor stores which also require additional state and federal licenses to operate; and
WHEREAS, the Second Amendment to the United States Constitution upholds an individual’s right to “bear arms.” Federal and state laws regulate the sale and possession of firearms. Heightened sensitivity and community concern regarding firearms have prompted federal, state, and local governments to consider options to help mitigate gun violence and promote gun safety. As such, various local agencies across California have adopted a variety of reasonable local regulations on retailers that sell firearms or ammunition; and WHEREAS, the City Council finds and declares that it has concerns about retail establishments that sell firearms or ammunition locating adjacent to neighborhoods and in proximity to schools, parks, and other businesses and seeks to adopt regulations and procedures to ensure the future locations of retail establishments that sell firearms or ammunition do not detrimentally impact the health, safety, and welfare of neighborhoods and other sensitive uses; and
WHEREAS, the City Council finds that given the potential deleterious effect an otherwise lawful but unregulated establishments selling firearms or ammunition can have on other incompatible neighboring uses, adoption of this Ordinance is reasonable and necessary, does not meaningfully constrain the right to acquire firearms, and is meant to protect public health and safety;

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2 and
WHEREAS, in the absence of this Ordinance, the City will not have the authority to review new retail establishment selling firearms or ammunition under the current zoning ordinance, thus impairing the City’s substantial interests in orderly, economically sustainable development, health, public safety, vitality and image of the City; and
WHEREAS, adoption of this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to the following, each a separate and independent basis: CEQA Guideline Section 15183 (Action Consistent with the General Plan and Zoning); Section 15378; and Section 15061(b)(3) (No Significant Environmental Impact).

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

Section 1. The City Council finds the foregoing recitals to be true and correct and hereby incorporates such findings into this Ordinance.

Section 2. The Imperial Beach Municipal Code is amended to add Chapter 4.58 Firearms and Ammunition Retail Establishments as set forth in Exhibit “A” to this Ordinance which is incorporated herein by reference.

Section 3. CEQA. The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to the following, each a separate and independent basis: CEQA Guideline Section 15183 (Action Consistent with the General Plan and Zoning); Section 15378; and Section 15061(b)(3) (No Significant Environmental Impact).

Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 5. 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.

Pursuant to its own terms, Ordinance No. 2023-1231 will have expired prior to the effective date of this Ordinance.

INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Imperial Beach, California on the 2nd day of August 2023 and THEREAFTER ADOPTED at a regular meeting of the City Council of the City of Imperial Beach, California, on the 16th day of August 2023, by the following vote:

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3 AYES: COUNCILMEMBERS: BRAGG, M
NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS: NONE

PALOMA AGUIRRE, MAYOR
ATTEST:
__________________________
JACQUELINE M. KELLY, MMC

CITY CLERK
APPROVED AS TO FORM:
_________________________
JENNIFER M. LYON

CITY ATTORNEY

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4 EXHIBIT A to Ordinance 2023-1233

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1 Attachment 2
EXHIBIT A to Ordinances 2023-1232 & 2023-1233
Chapter 4.58

FIREARMS AND AMMUNITION RETAIL

ESTABLISHMENTS
Sections:

4.58.010 Purpose of chapter.

4.58.020 Definitions.

4.58.030 Retail Firearm-Ammunition permit—Required.

4.58.040 Retail Firearm-Ammunition permit—Application.

4.58.050 Retail Firearm-Ammunition permit—Application fee.

4.58.060 Investigation of applicant by City.

4.58.070 Grounds for permit denial or revocation.

4.58.080 On-site security requirements.

4.58.090 Liability insurance.

4.58.100 Restricted admittance of minors and other prohibited purchasers.

4.58.110 Display of Retail Firearm-Ammunition permit.

4.58.120 Issuance of Retail Firearm-Ammunition permit—Duration.

4.58.130 Nonassignability.

4.58.140 Compliance by existing business.

4.58.150 Law enforcement/City inspections.

4.58.160 Posted warnings.

4.58.170 Violations.

4.58.180 Report of permit revocation to Federal and State authorities.

4.58.190 Hearing for permit denial or revocation.

4.58.200 Severability.

4.58.010 Purpose of chapter.

It is the purpose and intent of this chapter to establish a local program for the license and

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2 regulation of the sale, lease, or transfer of firearms or ammunition in a manner that protects the public health and safety. The provisions of this chapter are not intended to contradict or duplicate any applicable State or Federal law. In the event of a conflict between the provisions of this chapter and the provisions of State, Federal, or local laws, the more restrictive provision shall control unless preempted by State or Federal laws.

4.58.020 Definitions.

For the purpose of this chapter, unless the context clearly requires a different meaning, the following words, terms and phrases have the meanings given to them in this section:
“Ammunition” means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm, and any component thereof, but shall not include blank cartridges or ammunition that can be used solely in an “antique firearm” as that term is defined in 18 U.S.C. Section 921(a)(16).
“Applicant” means the person or authorized agent of an entity who intends to sell, lease or transfer firearms or ammunition and applies for a Retail Firearm-Ammunition permit, or the renewal of such a permit.

To “engage in the business of selling, leasing, or otherwise transferring any firearm or ammunition” means to conduct a business by the selling, leasing or transferring of any firearm or ammunition, or to hold one’s self out as engaged in the business of selling, leasing or otherwise transferring any firearm or ammunition, or to sell, lease or transfer firearms or ammunition in quantity, in series, or in individual transactions, or in any other manner indicative of trade.
“Firearm” means any device designed to be used as a weapon or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of explosion or other means of combustion; provided, that the term “firearm” shall not include an “antique firearm” as defined in 18 U.S.C. Section 921(a)(16).
“Permittee” means any person, corporation, partnership or other entity engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunition, which person or entity has obtained a Retail Firearm-Ammunition permit to sell, lease or transfer firearms or ammunition.
“Primary business” means 50% or more of the retail space within the store is used for the sale of firearms or ammunition.
“Sheriff” means the San Diego County Sheriff or the Sheriff’s designated representative.

4.58.030 Retail Firearm-Ammunition Permit—Required.

It is unlawful for any person, corporation, partnership or other entity to engage in the business of selling, leasing, or otherwise transferring any firearm or ammunition within the City without a Retail Firearm-Ammunition permit, as required by this chapter, and a valid business license as required by Chapter 4.04.

4.58.040 Retail Firearm-Ammunition Permit—Application.

An applicant for a permit or renewal of a permit under this chapter shall file with the Community Development Department an application in writing, signed under penalty of perjury, on a form prescribed by the City. The applicant shall provide all relevant

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3 information requested to demonstrate compliance with this chapter, including:

A. The applicant’s name, including any aliases or prior names, age and address; B. The applicant’s Federal firearms license and California firearms dealer numbers, if any;
C. A photocopy of the applicant’s driver’s license, passport, or other governmentissued identification card bearing a photograph of the applicant; D. The address of the proposed location for which the permit is sought, together with the business name, and the name of any corporation, partnership or other entity that has any ownership in, or control over, the business;
E. The names, ages and addresses of all persons who will have access to or control of workplace firearms or ammunition, including, but not limited to, the applicant’s employees, agents and/or supervisors, if any;
F. A certificate of eligibility from the California Department of Justice under Penal Code Section 26710 for the applicant and for each individual identified in subsection E of this section demonstrating that the person is not prohibited by State or Federal law from possessing firearms or ammunition;
G. Proof of a possessory interest in the property at which the proposed business will be conducted, as owner, lessee or other legal occupant, and, if the applicant is not the owner of record of the real property upon which the applicant’s business is to be located and conducted, the written consent of the owner of record of such real property to the applicant’s proposed business;
H. A floor plan of the proposed business which illustrates the applicant’s compliance with the security provisions outlined in Section 4.58.080; I. Proof of compliance with all applicable Federal, State and local licensing and other business laws;
J. Information relating to every retail license or permit to sell, lease, transfer, purchase or possess firearms or ammunition which was sought by the applicant, or by any individual identified in subsection E of this section, from any jurisdiction in the United States, including, but not limited to, the date of each application and whether it resulted in the issuance of a license, and the date and circumstances of any revocation or suspension;
K. The applicant’s agreement to indemnify, defend and hold harmless the City, its officers, elected officials, agents and employees from and against all claims, losses, costs, damages and liabilities of any kind pursuant to the operation of the business, including attorneys’ fees, arising in any manner out of the negligence or intentional or willful misconduct of (1) the applicant; (2) the applicant’s officers, employees, agents and/or supervisors; or (3) if the business is a corporation, partnership or other entity, the officers, directors or partners;
L. Certification of satisfaction of insurance requirements, for applicants applying for a

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4 permit to sell firearms; and
M. The date, location and nature of all criminal convictions of the applicant, if any, in any jurisdiction in the United States.

4.58.050 Retail Firearm-Ammunition permit—Application fee.

Each application for a Retail Firearm-Ammunition permit shall be accompanied by a nonrefundable fee for administering this chapter as established by resolution of the City Council in the City’s master fee schedule.

4.58.060 Investigation of applicant by City.

A. The City shall evaluate the applicant and the applicant’s employees, agents, and/or supervisors, if any, are authorized by applicable Federal and/or State agencies (i.e. ATF and/or DOJ) to determine whether the Retail Firearm-Ammunition permit may be issued or renewed.

B. Prior to engaging in the business of selling, leasing, or otherwise transferring any firearm or ammunition, the applicant must first submit directly to the City:

1. A complete set of the applicant’s fingerprints and a signed authorization for release of records pertinent to the investigation;

2. The names, ages and addresses of all individuals identified in Section

4.58.040(E); and

3. A complete set of fingerprints and a signed authorization for release of records pertinent to the investigation for each individual identified in Section 4.58.040(E).

C. Prior to issuance or renewal of the permit, the City shall inspect the premises to ensure compliance with this chapter.

D. The City may grant or renew a Retail Firearm-Ammunition permit if the applicant or permittee is in compliance with this chapter and all other applicable Federal, State and local laws.

4.58.070 Grounds for permit denial or revocation.

A. The City shall deny the issuance or renewal of a Retail Firearm-Ammunition permit, or shall revoke an existing permit, if the operation of the business would not or does not comply with Federal, State or local law, or if any of the following conditions exist:

1. The applicant, or any individual identified in Section 4.58.040(E) who may have authorized access to firearms and/or ammunitions, is under twenty-one years of age;

2. The applicant is not licensed as a dealer in firearms under all applicable Federal, State and local laws;

3. The applicant has failed to fully comply with the application requirements, such as by refusing or failing to provide all of the requested information or refusing to agree to indemnify, defend, and hold harmless the City of Imperial Beach, its elected and appointed officials, officers, and employees, against claims arising from operation of the business;

4. The proposed business/operation is located in any zone other than the

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5 C/MU-1 zone;

5. The proposed business/operation is located within:
• 500-feet of any school (K-12 grades);
• 500-feet of any other firearm or ammunition retail sale use; or • 100-feet of any park or playground where children assemble.

6. The applicant has made a false or misleading statement of a material fact or omission of a material fact in the application for a Retail Firearm-Ammunition permit, or in any other documents submitted to the Sheriff pursuant to this chapter.

If a permit is denied on this ground, the applicant is prohibited from reapplying for a permit for a period of five years;

7. The applicant, or any individual identified in Section 4.58.040(E), has had a license or permit to sell, lease, transfer, purchase or possess firearms or ammunition from any jurisdiction in the United States revoked, suspended or denied for good cause within the immediately preceding five years;

8. The applicant, or any individual identified in Section 4.58.040(E), has been convicted of:
a. An offense which disqualifies that person from owning or possessing a firearm under Federal or California law, including, but not limited to, the offenses listed in Penal Code Sections 29800-29875 and 29900-29905; b. An offense relating to the manufacture, sale, possession or use of a firearm or dangerous or deadly weapon or ammunition therefor;
c. An offense involving the use of force or violence upon the person of another;
d. An offense involving theft, fraud, dishonesty or deceit; or e. An offense involving the manufacture, sale, possession or use of a controlled substance as defined by the State Health and Safety Code;

9. The applicant is within a class of persons defined in Welfare and Institutions Code Sections 8100 or 8103; or

10. The applicant is currently, or has been within the past five years, an unlawful user of or addicted to a controlled substance as defined by the California Health and Safety Code.

B. The Retail Firearm-Ammunition permit of any person or entity found to be in violation of any of the provisions of this chapter may be revoked.

4.58.080 On-site security requirements.

A. If the proposed or current business location is to be used at least in part for the sale of firearms, the permitted place of business shall be a secure facility within the meaning of Penal Code Section 17110.

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6 B. If the proposed or current business location is to be used at least in part for the sale of firearms, all heating, ventilating, air-conditioning, and service openings shall be secured to meet all applicable State and Federal standards. If bars or metal gratings go on windows or doors, the bars or metal grating shall be located on the inside of the premises.

C. Any time a permittee is not open for business, every firearm shall be stored in a locked fireproof safe or vault in the licensee’s business premises that meets the standards for a gun safe implemented by the Attorney General pursuant to Penal Code Section 23650.

D. Any time a permittee is open for business, every firearm shall be unloaded, inaccessible to the public and secured using one of the following three methods, except in the immediate presence of and under the direct supervision of an employee of the permittee:

1. Secured within a locked case so that a customer seeking access to the firearm must ask an employee of the permittee for assistance;

2. Secured behind a counter where only the permittee and the permittee’s employees are allowed. During the absence of the permittee or a permittee’s employee from the counter, the counter shall be secured with a locked, impenetrable barrier that extends from the floor or counter to the ceiling; or

3. Secured with a hardened steel rod or cable of at least one-fourth inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a bolt cutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises. No more than five firearms may be affixed to any one rod or cable at any time.

E. Any time a permittee is open for business, all ammunition shall be stored so that it is inaccessible to the public and secured using one of the methods mentioned in subsection (D)(1) or (2) of this section, except in the immediate presence of and under the direct supervision of an employee of the permittee.

F. The permitted business location shall be secured by an alarm system that is installed and maintained by an alarm company operator licensed pursuant to the Alarm Company Act, Business and Professions Code Sections 7590 et seq., or monitored by the business and in compliance with Section 4.58.080. If the alarm system is monitored by a central station, the alarm system must be listed by Underwriters Laboratories, Inc. (i.e. UL Listed/Certified), and covered by an active Underwriters Laboratories, Inc. alarm system certificate with a No. 3 extent of protection.

G. The permitted business location shall be monitored by a video surveillance system that meets the following requirements:

1. The system shall include cameras, monitors, digital video recorders and cabling, if necessary;

2. The interior and exterior of the permitted business location shall be monitored. The number and location of the cameras are subject to the approval of the Sheriff. At a

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7 minimum, the cameras shall be sufficient in number and location to monitor the critical areas of the business premises, including, but not limited to, all places where firearms or ammunition are stored, handled, sold, transferred, or carried, including, but not limited to, all counters, safes, vaults, cabinets, cases, entryways, and parking lots.

Interior cameras shall be capable of recording the faces of the buyer and recipient of the firearm or ammunition and of the person selling the firearm or ammunition;

3. The video surveillance system shall operate continuously, without interruption, whenever the permittee is open for business. Whenever the permittee is not open for business, the system shall be triggered by a motion detector and begin recording immediately upon detection of any motion within the monitored area;

4. In addition, the sale or transfer of a firearm or ammunition shall be recorded by the video surveillance system in such a way that the facial features of the purchaser or transferee are clearly visible;

5. When recording, the video surveillance system shall record continuously and store color images during daylight hours, and black and white images during nighttime hours with clearly identifiable footage of the monitored area at a frequency of not less than fifteen frames per second. The system must produce retrievable and identifiable images and video recordings on media approved by the Sheriff that can be enlarged through projection or other means and can be made a permanent record for use in a criminal investigation. The system must be capable of delineating on playback the activity and physical features of persons or areas within the premises;

6. The stored images shall be maintained on the business premises of the permittee for a period not less than one year from the date of recordation and shall be made available for inspection by Federal, State or local law enforcement upon request; and

7. The video surveillance system must be maintained in proper working order at all times. If the system becomes inoperable, it must be repaired or replaced within fourteen calendar days. The permittee must inspect the system at least weekly to ensure that it is operational and images are being recorded and retained as required.

H. Business operating hours shall be limited to seven a.m. to nine p.m., seven days a week.

I. The applicant shall comply with all California laws regulating the sales of firearms and ammunition, including but not limited to Penal Code Sections 26815, 26885, 32000, 32310 and 30363.

J. No outdoor display or sale of firearms or ammunition is allowed by permittee.

K. The permittee shall have a responder with intimate knowledge of onsite inventory and the business operations who shall be available 24 hours daily in the event there is an alarm activation and or a breach of business security. The responder’s information shall be routinely updated with the security alarm monitoring company as a resource for law enforcement if they have to respond to the location to investigate an alarm activation or breach of physical security.

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8 L. If necessity warrants additional security measures, as determined by the Sheriff, and in consultation with the business, the Sheriff/City may impose reasonable security requirements in addition to those listed in this section as result of a breach of security and/or safety to the establishment. Failure to fully comply with the requirements of this section shall be sufficient cause for denial or revocation of the Retail Firearm-Ammunition permit by the City.

4.58.090 Liability insurance.

A. If the proposed or current business location is to be used for the sale of firearms, no Retail Firearm-Ammunition permit shall be issued or reissued unless there is in effect a policy of insurance in a form approved by the City and executed by an insurance company approved by the City, insuring the applicant against liability for damage to property and for injury to or death of any person as a result of the theft, sale, lease or transfer or offering for sale, lease or transfer of a firearm or ammunition, or any other operations of the business. The limits of liability shall not be less than one million dollars for each incident of damage to property or incident of injury or death to a person.

B. The policy of insurance shall contain an endorsement providing that the policy shall not be canceled until written notice has been given to the City Manager at least thirty days prior to the time the cancellation becomes effective.

C. Upon expiration of the policy of insurance, and if no additional insurance is obtained, the Retail Firearm-Ammunition permit is considered revoked without further notice.

4.58.100 Restricted admittance of minors and other prohibited purchasers.

A. Where firearm sales activity is the primary business performed at the business premises, no permittee or any of his or her agents, employees, or other persons acting under the permittee’s authority shall allow the following persons to enter into or remain on the premises unless accompanied by his or her parent or legal guardian:

1. Any person under twenty-one years of age, if the permittee sells, keeps or displays only firearms capable of being concealed on the person; provided, that this provision shall not prevent a supervisory agent or employee who has the authority to control activities on the business premises from keeping a single firearm capable of being concealed on the person on the business premises for purposes of lawful self-defense; or

2. Any person under eighteen years of age, if the permittee sells, keeps or displays firearms other than firearms capable of being concealed on the person.

B. Where firearm sales activity is the primary business performed at the business premises, the permittee and any of his or her agents, employees, or other persons acting under the permittee’s authority shall be responsible for requiring clear evidence of age and identity of persons to prevent the entry of persons not permitted to enter the premises pursuant to subsection A of this section by reason of age. Clear evidence of age and identity includes, but is not limited to, a motor vehicle operator’s license, a State identification card, an armed forces identification card, or an employment identification card which contains the bearer’s signature, photograph and age, or any similar documentation which provides reasonable assurance of the identity and age of the individual.

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9 C. Where firearm sales activity is the primary business performed at the business premises, no permittee or any of his or her agents, employees, or other persons acting under the permittee’s authority shall allow any person to enter into or remain on the premises who the permittee or any of his or her agents, employees, or other persons acting under the permittee’s authority knows or has reason to know is prohibited from possessing or purchasing firearms pursuant to Federal, State, or local law.

4.58.110 Display of Retail Firearm-Ammunition permit.

The Retail Firearm-Ammunition permit, or a certified copy of it, shall be displayed in a prominent place on the business premises where it can easily be seen by those entering the premises.

4.58.120 Issuance of Retail Firearm-Ammunition permit—Duration.

A. A Retail Firearm-Ammunition permit expires one year after the date of issuance.

B. A permit may be renewed for additional one-year periods if the permittee submits a timely application for renewal, accompanied by a nonrefundable renewal fee established by City Council resolution. Renewal of the permit is contingent upon the permittee’s compliance with the terms and conditions of the original application and permit, as detailed in this chapter. Sheriff’s Department and/or City personnel shall inspect the permitted business premises for compliance with this chapter prior to renewal of the permit, unless specifically prohibited by Federal or State law. The renewal application and the renewal fee must be received by the Community Development Department no later than forty-five days before the expiration of the current permit.

C. A decision regarding issuance, renewal or revocation of the Retail FirearmAmmunition permit may be appealed in the manner provided in Section 4.58.190.

4.58.130 Nonassignability.

A Retail Firearm-Ammunition permit issued under this chapter is not assignable. Any attempt to assign a Retail Firearm-Ammunition permit shall result in revocation of the permit.

4.58.140 Compliance by existing business.

A person engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunition on the effective date of this chapter shall, within ninety days of the effective date, comply with this chapter.

4.58.150 Law enforcement/City inspections.

Permittees shall have their places of business open for inspection by Federal, State and local law enforcement and the City Manager or designee during all hours of operation.

The Sheriff and/or City Manager or designee shall conduct periodic inspections of the permittee’s place of business without notice to assess the permittee’s compliance with this chapter. The inspections shall be of the parts of the permittee’s place of business that are used to store or sell firearms, ammunition, records, and/or documents, and accessible to appropriate Federal, State, and/or local law enforcement. The Sheriff and/or City Manager or designee shall conduct no more than two inspections of a single place of business during any six-month period, except that the Sheriff and/or City Manager or designee may conduct follow-up inspections that exceed two in a six-month period if they have good cause to believe that a permittee is violating this chapter. Permittees shall maintain all

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10 records, documents, firearms and ammunition in a manner and place accessible for inspection by appropriate Federal, State and local law enforcement.

4.58.160 Posted warnings.

A. A permittee shall comply with Penal Code Section 26835 and post all signs required by that section and any other signage required by Federal or State law. A permittee shall also post conspicuously the following warnings in block letters not less than one inch in height:

1. Within the licensed premises:

WITH FEW EXCEPTIONS, IT IS A CRIME TO SELL OR GIVE A FIREARM TO

SOMEONE WITHOUT COMPLETING A DEALER RECORD OF SALE FORM AT A LICENSED FIREARMS DEALERSHIP;

2. Within the licensed premises:

IF YOU ARE STRUGGLING EMOTIONALLY OR THINKING OF SUICIDE, CALL 1-800-273-TALK (1-800- 273-8255). FREE AND CONFIDENTIAL; and

3. At each entrance to the licensed premises:

THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY BE RECORDED.

B. If a permittee sells, keeps or displays only firearms capable of being concealed on the person, the permittee shall post conspicuously at each entrance to the premises a sign stating:

FIREARMS ARE KEPT, DISPLAYED OR OFFERED ON THE PREMISES, AND PERSONS UNDER THE AGE OF 21 ARE EXCLUDED UNLESS ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN.

C. If a permittee sells, keeps or displays firearms other than firearms capable of being concealed on the person, the permittee shall post conspicuously at each entrance to the premises a sign stating:

FIREARMS ARE KEPT, DISPLAYED OR OFFERED ON THE PREMISES, AND PERSONS UNDER THE AGE OF 18 ARE EXCLUDED UNLESS ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN.

D. Where firearm sales activity is the primary business performed at the business premises, the permittee shall post conspicuously at each entrance to the premises a sign stating:

FIREARMS ARE KEPT, DISPLAYED OR OFFERED ON THE PREMISES, AND

PERSONS PROHIBITED FROM POSSESSING OR PURCHASING FIREARMS PURSUANT TO FEDERAL, STATE, OR LOCAL LAW ARE EXCLUDED.

4.58.170 Violations.

A. The City may revoke the permit of any permittee found to be in violation of any of the provisions of this chapter.

B. In addition to any other penalty or remedy, the City Attorney may commence a civil

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11 action to seek enforcement of these provisions.

4.58.180 Report of permit revocation to Federal and State authorities.

In addition to any other penalty or remedy, the City shall report any person or entity whose Retail Firearm-Ammunition permit is revoked pursuant to this chapter to the Bureau of Firearms of the California Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives within the U.S. Department of Justice.

4.58.190 Hearing for permit denial or revocation.

A. Within ten days of the City mailing a written denial of an application or mailing a written revocation of a permit, the applicant may appeal by requesting a hearing before the City Manager. The request must be made in writing, setting forth specific grounds for appeal. If the applicant submits a timely request for an appeal, the City Manager shall, within thirty days of receipt of the request, set a time and place for the hearing.

B. The City Manager shall provide a written decision regarding the appeal within fourteen calendar days of the hearing. An applicant may appeal the decision of the City Manager to the City Council pursuant to Chapter 1.16.190.

4.58.200 Severability.

If any section, subsection, sentence or clause of this chapter is for any reason declared unconstitutional, invalid, or unenforceable by any court of competent jurisdiction, such decision shall not affect the constitutionality, validity, or enforceability of the remaining portions of this chapter or any part thereof. The City Council hereby declares that it would have adopted this chapter notwithstanding the unconstitutionality, invalidity, or unenforceability of any one or more of its sections, subsections, sentences or clauses.

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P a g e | 1
August 16, 2023
ITEM TITLE: NOTIFICATION OF TRAVEL AND DESIGNATION OF VOTING

DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE & EXPO: SEPTEMBER 20-22, 2023. (0140-10 & 0410-60)
ORIGINATING DEPARTMENT:

City Clerk
EXECUTIVE SUMMARY:

In accordance with the bylaws for the League of California Cities, the City Council must select a City voting delegate and up to two alternates in order to participate in the League of California Cities General Assembly.

RECOMMENDATION:

1. That City Council designates Councilmember McKay as the voting delegate for the 2023 League Annual Conference Business Meeting and

2. That the City Council directs the City Clerk to complete and submit a Voting Delegate/Alternate Form to the League's office by Monday, August 28, 2023.

OPTIONS:
 That City Council designates a City voting delegate and up to two alternates for the 2023 League of California Cities Annual Conference General Assembly and directs the City Clerk to complete and submit a Voting Delegate/Alternate Form to the League's office by Monday, August 28, 2023.
 Do not designate a City voting delegate or alternates to participate in the League of California Cities Annual Conference General Assembly.

BACKGROUND/ANALYSIS:

The League of California Cities 2023 Annual Conference & Expo is scheduled for September 20 through 22, 2023 in Sacramento. An important part of the Annual Conference is the General Assembly, on Friday, September 22. At this meeting, the voting delegates debate and consider general and petitioned resolutions forwarded by the Resolutions Committee. Potential Cal Cities bylaws amendments are also considered at this meeting.

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P a g e | 2
A City voting delegate and up to two alternates must be designated by City Council. If alternate voting delegates are selected, one alternate may vote in the event that the designated voting delegate is unable to serve in that capacity.

NOTIFICATION OF TRAVEL:

Currently, only Councilmember McKay is scheduled to attend the conference. He serves as the 1
st Alternate to the League of California Cities, San Diego Division and as the Primary representative to the League of California Cities, San Diego Division, Legislative Sub-committee and the League of California Cities, Coastal Cities Interest Group.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

FISCAL YEAR: 23-24
BUDGETED: Y

BUDGET AMENDMENT N
AMOUNT REQUESTED For registration, hotel and transportation is $1,1176.

FISCAL ANALYSIS: Sufficient funds are available to cover the estimated costs for registration, travel, accommodations, and incidentals.

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August 16, 2023
ITEM TITLE: PROJECT APPROVAL EXTENSION REQUEST FOR DEL TACO; CUP-21-0003; DRC-21-0016; SPR-21-0017; FOR CONSTRUCTION OF A NEW DEL TACO RESTAURANT WITH A DRIVE-THROUGH AND OUTDOOR PATIO SEATING AREA AT 1333 PALM AVENUE (APN 627-011-19-00). (0600-20)
ORIGINATING DEPARTMENT:

Community Development
EXECUTIVE SUMMARY:

On August 17, 2022, the City Council of the City of Imperial Beach adopted Resolution 2022-66 authorizing the construction of a new Del Taco restaurant with a drive-through facility and outdoor patio seating area at 1333 Palm Avenue (APN 627-011-19-00) in the C/MU-1 (General Commercial and Mixed Use) Zone on the Zoning Map. Project approval was set to expire at the end of business on September 1, 2023, unless vested with substantial construction or if an extension is authorized. The applicant is requesting a six (6) month extension for the Project Approval by the City Council, which is set to expire on September 1, 2023.

RECOMMENDATION:

OPTIONS:
 Adopt Resolution No. 2023-67 approving a six (6) month time extension for the Project Approval; or
 Deny the extension request: or
 Continue review of the extension request to a future meeting where additional information can be provided, and a decision can be rendered.

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BACKGROUND/ANALYSIS:

On August 17, 2022, the City
Council of the City of Imperial Beach
adopted Resolution No. 2022-66
authorizing the construction of a new
Del Taco restaurant with a drivethrough facility and outdoor patio seating area at 1333 Palm Avenue
(APN 627-011-19-00) in the C/MU-1
(General Commercial and Mixed
Use) Zone on the Zoning Map.

Project approval is set to expire at
the end of business on September 1,
2023, unless vested with substantial construction or if an extension is authorized. The applicant is requesting a six (6) month time extension for project approvals pursuant to Resolution No. 2022-66, which is set to expire on September 1, 2023. The City has been informed that the applicant has been working with San Diego Gas & Electric (SDG&E) for many months to have the power and gas disconnected in order to start demolition and prepare for construction. The processing time for the Letter of Disconnect from SDG&E has delayed the applicant from receiving building permits from the City. Attachment 2 of this staff report provides a summary from the applicant with an explanation of why the extension is being requested, next steps, and an estimated timeline to initiate construction and completion of the project.

On July 26, 2023, the applicant
received the Letter of Disconnect
from SDG&E, resolving the
delay, and has provided the
document to city staff. The
demolition permit for the project
was issued to the applicant and
contractor on July 26, 2023, and
as of August 8, 2023, the existing
commercial building at 1333
Palm Avenue has been
demolished. This is the first
extension request for the project
and the original project approval shall not expire until the time when the extension application has been acted upon by the City Council.

There have been no changes to the zoning code and no change in circumstances where the site plan would conflict with development regulations. The original analysis for the project can be reviewed in the staff report from August 17, 2022 (Attachment 3).

ENVIRONMENTAL DETERMINATION:

A California Environmental Quality Act (CEQA) Exemption (Section 15332, Class 32, In-Fill Development Projects) was previously adopted with the City of Imperial Beach and filed with the San Diego County Assessor/Recorder/County Clerk on February 8, 2023.

FISCAL IMPACT:

The applicant deposited $10,380.50 to process the application.

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ATTACHMENTS:

1. ATT 1 – Resolution 2023-67

2. ATT 2 – Applicant Extension Request and Timetable

3. ATT 3 – Original staff report from August 17, 2022 (attachments available at the City Clerk)

4. ATT 4 – Resolution No. 2022-66
c: MF 1428

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Attachment 1
RESOLUTION NO. 2023-67

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP-21-0003), DESIGN REVIEW CASE (DRC-21-0016), SITE PLAN REVIEW (SPR-21-0017), & CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES SECTION 15332 (IN-FILL DEVELOPMENT PROJECTS)

FOR A NEW DEL TACO RESTAURANT WITH A DRIVE-THROUGH FACILITY AND OUTDOOR PATIO SEATING AREA AT 1333 PALM AVE (APN 627-011-19-00) SUBJECT TO SPECIFIED CONDITIONS OF APPROVAL. USE-21-0049/MF 1428.

APPLICANT: DEL TACO / IRFAN BOUKAI, COASTLINE DESIGN & CONSTRUCTION WHEREAS, on August 16, 2023, the City Council of the City of Imperial Beach held a public meeting consider the merits of approving or denying a six-month time extension for a previously approved application for Conditional Use Permit (CUP-21-0003), Design Review Case (DRC-21-0016), Site Plan Review (SPR-21-0017), & Categorical Exemption pursuant to CEQA guidelines section 15332 (In-fill Development) for a new Del Taco restaurant with a drivethrough facility and outdoor patio seating area at 1333 Palm Ave (APN 627-011-19-00) in the C/MU-1 (General Commercial and Mixed Use) Zone on the Zoning Map; and WHEREAS, on August 17, 2022, the City Council of the City of Imperial Beach adopted Resolution 2022-66 approving an application for a Conditional Use Permit (CUP-21-0003), Design Review Case (DRC-21-0016), Site Plan Review (SPR-21-0017), & Categorical Exemption pursuant to CEQA guidelines section 15332 (In-fill Development) for a new Del Taco restaurant with a drive-through facility and outdoor patio seating area at 1333 Palm Ave (APN 627-011-19-00) in the C/MU-1 (General Commercial and Mixed Use) Zone on the Zoning Map; and
WHEREAS, on June 16, 2022, the Design Review Board recommended approval of the project with a vote of 4-0; and
WHEREAS, the project is demolishing an existing building and constructing a new Del Taco restaurant with a drive-through facility and outdoor patio seating area is compatible in use with other developments in the vicinity which consist of commercial buildings and retail and is 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 substantial compliance with Policy L-4c of the Land Use Element of the General Plan, which promotes commercial uses that provide goods and services to residents and visitors that will increase the City’s tax base in the C/MU-1 Zone (General Commercial and Mixed Use) Zone; and WHEREAS, the City Council finds that the project is consistent with the C/MU-1 (General Commercial and Mixed Use) Zone of the Zoning Ordinance, to provide areas for businesses to meet the local demand for commercial goods and services; 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:

CONDITIONAL USE PERMIT (IBMC § 19.82.040):

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1. 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 C/MU-1 (General Commercial and Mixed Use) Zone is to provide areas for mixeduse development, multiple-family dwellings, and for businesses to meet the local demand for commercial goods and services. It is intended that the dominant type of commercial activity in the C/MU-1 zone will be community and neighborhood serving retail and office uses. The proposed use provides a new Del Taco restaurant with a drive-through facility and outdoor patio seating area, which would be consistent with the Local Coastal Plan/General Plan with approval of a Conditional Use Permit. The use is similar to the existing use, necessary and desirable as it will provide a restaurant establishment that would generate income for the community, and there are similar uses in the vicinity.

2. 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 Del Taco restaurant with a drive-through facility and outdoor patio seating area in the C/MU-1 (General Commercial and Mixed Use) Zone will not 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 because specific conditions have been set forth by the Community Development Department, Public Works Department, Building Department, and Public Safety Department to mitigate public safety and welfare concerns such a development project may raise in the Conditions of Approval. In addition, the use is similar to other establishments in the vicinity.

3. 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 The proposed use will comply with the regulations and conditions specified in the title for such use and for other permitted uses in C/MU-1 (General Commercial and Mixed Use) Zone because the conceptual plans for the discretionary entitlements have been reviewed for compliance with zoning regulations.

4. 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.

The granting of the Conditional Use Permit for the proposed use will be in harmony with the purpose and intent of the zoning code, General Plan, and Local Coastal Program because the C/MU-1 (General Commercial and Mixed Use) Zone provides for restaurant establishments consistent with the purposes of General Commercial Zone and drivethrough establishments subject to a Conditional Use Permit. In addition, the project would be considered a substantial improvement to the area that would serve to increase the City’s tax base, which serves Land Use Element Policy L-4c of the adopted General Plan and Local Coastal Program.

DESIGN REVIEW/SITE PLAN REVIEW (IBMC § 19.81.060):

5. The proposed use does not have any detrimental effect upon the general health, safety and convenience of persons residing or working in the neighborhood, or is not detrimental or injurious to the value of the property and improvements in the neighborhood.

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The proposed Del Taco restaurant with a drive-through facility and outdoor patio seating area in the C/MU-1 (General Commercial and Mixed Use) Zone will not be detrimental to the health, safety or convenience of persons residing or working in the neighborhood, or detrimental or injurious to the property and improvements in the neighborhood because it is consistent with the development standards and zoning designation of the site as well as provides improvements to the project site and public right-of-way. Specific conditions have been set forth by the Community Development Department, Public Works Department, Building Department, and Public Safety Department to mitigate public safety and welfare concerns such a development project may raise in the Conditions of Approval.

6. The proposed use does not adversely affect the General Plan or the Local Coastal Plan.

The proposed use will not adversely affect the General Plan or Local Coastal Plan because the C/MU-1 (General Commercial and Mixed Use) Zone provides for restaurant uses and drive-through establishments subject to a Conditional Use Permit. In addition, the project would be considered a substantial improvement to the area that would increase the City’s tax base, which serves Land Use Element Policy L-4c of the adopted General Plan and Local Coastal Program.

7. The proposed use is compatible with other existing and proposed uses in the neighborhood.

The proposed Del Taco restaurant with a drive-through facility and outdoor patio seating area is compatible in use with established uses in the neighborhood which consist of a mix of commercial businesses, retail shops, some of which have drive-through services.

The subject site is in the C/MU-1 (General Commercial and Mixed Use) Zone, which provides uses similar in character and scale.

8. The location, site layout and design of the proposed use orients the proposed structures to streets, driveways, sunlight, wind and other adjacent structures and uses in a harmonious manner.

The proposed new Del Taco restaurant with a drive-through facility and outdoor patio seating area would be replacing an existing commercial building. The surrounding uses consist of a mix of other commercial businesses, retail shops, gas stations, and a drivethrough restaurant. The primary building elevation would face Palm Avenue, which is consistent with the surrounding commercial and mixed-use uses along the Palm Avenue Corridor. There is a 7’ paved sidewalk on Palm Avenue that connects to two paved pedestrian pathways which lead directly into the businesses two main entrances.

Landscaping including trees, shrubs, and hedges are adjacent to the pathways and provide relief from traffic along Palm Avenue. Additionally, the project also proposes to install an additional 2,065 square feet of landscaping in the right-of-way surrounding the project site. The design of the proposed use orients the proposed structures to streets, driveways, sunlight, wind and other adjacent structures and uses in a harmonious manner promoting pedestrian access to the business from Palm Avenue.

9. The combination and relationship of one proposed use to another on the site is properly integrated.

The Del Taco restaurant with a drive-through facility and outdoor patio seating area is properly integrated so that the entrance to the Del Taco is provided on Palm Avenue.

Direct pedestrian access is provided to the restaurant from Palm Avenue with two paved pedestrian pathways that lead to the restaurant’s two main entrances. Adjacent to the

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pathways are trees, shrubs, and hedges that would provide relief from traffic along Palm Avenue. The drive-through queue entrance is located on the western portion of the lot with the drive-through lane directly adjacent to the southern elevation of the building.

Vehicles would travel east, exiting on the eastern portion of the lot to a two-way drive aisle, allowing for vehicles to exit the site off of the alley on the western portion of the lot or off of a curb cut on the eastern portion of the lot on to Georgia Street. The proposed site improvements, right of way improvements, and building design style and materials properly integrate the building with surrounding uses.

10. Access to and parking for the proposed use does not create any undue traffic problem.

The parking design will not create any undue traffic problems as the required amount of parking is provided and the drive-through queue can accommodate eight vehicles which, based on the applicant’s queuing analysis, would be maintained on site with no overflow on the street. Vehicular ingress and egress occurs through a public alley entrance west of the property as well as a curb cut on Georgia Street. The drive-through queue entrance is located on the western portion of the lot with the drive-through lane directly adjacent to the southern elevation of the building. Vehicles would travel east, exiting on the eastern portion of the lot to a two-way drive aisle, allowing for vehicles to exit the site off of the alley on the western portion of the lot or off of a curb cut on the eastern portion of the lot on to Georgia Street. The project proposes a total of 734 square feet of net floor area which consists of 480 square feet of dining room & standing area inside the restaurant and a 254 square foot outdoor patio requiring 15 parking spaces. Drivethrough facilities require one parking space for each 50 square feet of net floor area, plus one space per two employees at the largest work shift. The restaurant would have 8 employees at the largest work shift requiring 4 parking spaces. The project proposes a total of 19 parking spaces (17 standard, 1 ADA accessible, and 1 EV Charging Station).

The applicant would be required to show conformance with the off-street parking requirements per IBMC Section 19.48.050.

11. All other applicable provisions of the Zoning Code are complied with.

The project complies with all other criteria set forth in the City of Imperial Beach Zoning ordinance.

12. Any other considerations as the Community Development Department deem necessary to preserve the health, safety and convenience of the City in general.

Standard and applicable conditions of approval have been included with the Resolution to further ensure that the health, safety, welfare, and convenience of the City in general is preserved.

13. Public Notice requirements, pursuant to Zoning Ordinance Section 19.81.050, have been satisfied.

The project description and the date of the City Council public hearing were sent to property owners within 300 feet and occupants within 100 feet of the subject site on August 1, 2022, and a public hearing notice was published in the Imperial Beach Eagle & Times newspaper on August 4, 2022.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach that the above-listed findings and recitals are true and correct and are incorporated by reference; and

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BE IT FURTHER RESOLVED by the City Council of the City of Imperial Beach that Conditional Use Permit (CUP-21-0003), Design Review Case (DRC-21-0016), Site Plan Review (SPR-21-0017), and categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 (In-Fill Development Projects) proposing to demolish an existing building and construct a new Del Taco restaurant with a drive-through facility at 1333 Palm Ave (APN 627-011-19-00) in the C/MU-1 (General Commercial and Mixed Use) Zone are hereby approved subject to the following:

CONDITIONS OF APPROVAL:

1. Approval Conditional Use Permit (CUP-21-0003), Design Review Case (DRC-21-0016), Site Plan Review (SPR-21-0017), and categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 (In-Fill Development Projects) is valid for one year six months from the effective date following final action by the City Council (10 working days following final action) and shall expire at the end of business on September 1, 2023, March 1, 2024 unless vested with substantial construction pursuant to an approved building permit. Approvals of the Conditional Use Permit (CUP-21-0003), Design Review Case (DRC-21-0016), Site Plan Review (SPR21-0017), and categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 (In-Fill Development Projects) shall run coterminous.

2. The site shall be developed in substantial compliance with the plans dated August 1, 2022, on file at the Community Development Department, or as otherwise amended and approved, and the conditions contained herein.

3. The property owner or authorized designee shall sign/notarize a lot tie agreement with the City of Imperial Beach prior to the issuance of all building permits for the project.

4. Noise shall not have a negative effect on the existing neighborhood. If the property receives any noise complaints, the Developer shall investigate said complaint and mitigate any issues to meet Imperial Beach Municipal Code noise requirements (Imperial Beach Municipal Code 9.32 – Noise).

5. Lighting shall not have a negative effect on the existing neighborhood. All lighting shall be situated and adjusted to shine only on the subject property. If the property receives complaints related to lighting, the applicant shall investigate said complaint and mitigate any issues (adjustment, shades, removal of light, etc.).

6. Drought tolerant landscaping shall be provided throughout the site.

7. All landscaped areas on site and within the public right-of-way adjacent to the property shall be drought tolerant and shall be permanently irrigated and maintained by the applicant/owner in a healthy condition, free from weeds, trash, and debris.

8. A permanent irrigation system shall be installed and permanently maintained to serve all landscaped areas. The applicant/owner shall comply with all State requirements for the Model Water Efficient Landscape Ordinance.

9. This project is subject to all Model Codes, State Codes and City Ordinances adopted by the City of Imperial Beach.

10. Obtain all required building permits (Building, Plumbing, Mechanical, Electrical, Grading etc.) for this project. All construction shall comply with the adopted 2019 California Building Standards Codes; Residential, Building, Electrical, Mechanical, Plumbing, Energy, Fire, Green Building, Historic Building, Existing Building, as amended by City

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Ordinance 2019-1190 and other applicable Municipal Codes in effect at the time of plan submittal for building permits.

11. Provide a note on plans: Prior to Foundation Inspection a survey of the property shall be conducted from a California Licensed Surveyor or Engineer and survey pins shall be in placed to identify the corners.

A setback certification prepared by the responsible licensed Land Surveyor or Engineer shall be submitted to the City Building Inspector prior to inspection or approval of the foundation.

12. All projects greater than or equal to twenty-five thousand dollars ($25,000), or which involve the construction and/or demolition of two-hundred-fifty (250) square feet or more of floor space shall comply with Imperial Beach Municipal Code Chapter 8.38. A completed Waste Management Plan shall be submitted with the building permit application.

13. Any development of property other than single-family residence(s) or duplex(es) with a valuation in excess of fifty thousand dollars ($50,000) will be required to underground all utility services on-site, adjacent thereto and those which traverse the site. IBMC 13.08

14. Plans deviating from conventional wood frame construction shall have the structural portions signed and sealed by the California state licensed engineer or architect responsible for their preparation, along with structural calculations. (California Business and Professions Code).

15. No work for which a building permit is required shall be performed within the hours of 7:00 P.M. - 7:00 A.M. Monday - Friday, nor prior to 8:00 A.M. or after 5:00 P.M. on Saturday nor anytime on Sundays. A sign shall be posted at a conspicuous location near the main entry to the site, prominently displaying these hour restrictions.

16. Per Table 5.106.5.3.3 of the California Green Building Code, a minimum of two electric vehicle (EV) chargers are required to be installed when there is a total number of parking spaces between 10-25. The proposed plans only show a single EV charger.

17. Per Table 5.106.5.2 of the California Green Building Code, a minimum of three parking spaces shall be designated for clean air vehicles when there is a total number of parking spaces between 10-25. The proposed plans only show a single clean air vehicle space.

18. Construction plans shall include the following specifications for the EV chargers:

A. The type and location of the electric vehicle supply equipment (EVSE).

B. The raceway(s) shall originate at a service panel or a subpanel(s) serving the area and shall terminate in close proximity to the proposed location of the chagrining equipment and into listed suitable cabinet(s), box(es), enclosure(s), or equivalent.

C. Plan design shall be based upon 40-ampere minimum branch circuits.

D. Electrical calculations shall substantiate the design of the electrical system, to include the rating of equipment and any on-site distribution transformers and have sufficient capacity to simultaneously charge all required EVs at its full rated amperage.

E. The service panel or subpanel(s) shall have sufficient capacity to accommodate the required number of dedicated branch circuit(s) for the future installation of the EVSE.

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19. Ensure that the proposed ADA parking spaces and access aisle meet the minimum width requirements per section 11B-502 of the California Building Code. The minimums shall be specified on the plans when submitted for the building permit.

20. A soils report must be provided with the building permit application. The report shall include foundation design recommendations based on the engineer's findings and shall comply with Section R401.4.

Should the soils engineer recommend that he/she review the foundation excavations, provide a note on the foundation plan that "Prior to the contractor requesting a Building Department foundation inspection, the soils engineer shall advise the building official in writing that:

A. The building pad was prepared in accordance with the soils report, B. The utility trenches have been properly backfilled and compacted, and C. The foundation excavations, the soils expansive characteristics and bearing capacity conform to the soils report."
A letter will need to be provided from the soils engineer confirming that the foundation plan, grading plan and specifications have been reviewed and that it has been determined that the recommendations in the soils report are properly incorporated into the construction documents (when required by the soil report).

21. This project will be required to provide an energy design detailing compliance with the Mandatory Measures and either the Performance or Prescriptive methods of compliance.

22. The mandatory Green Building requirements for non-residential construction must be included on your plans. Green Building Standards are applicable to newly constructed buildings, additions of 1,000 square feet or greater and/or alterations with a permit valuation of $200,000 or above.

23. Contact California American Water at 619-446-5713 should the existing water meter need to be replaced or upgraded as part of this project.

24. Please contact the San Diego Gas & Electric Project Planning Team (Metro Service Order Team) at 619-230-7800 to confirm that the proposed service locations detailed on your site plan are in compliance with their service standards.

25. The west elevation shows the gas meter and riser in close proximity to other equipment.

Ensure that the equipment placement meets the clear zone and source of ignition clearances required by SDGE. Refer to Service and Standards Guide SG 1007.1 for additional information.

26. Fire would like to discuss with the developer the opportunity of conducting some ventilation and forced entry training on the structure immediately prior to demolition.

Contact Tom Santos at to coordinate: [email protected] or 619.628.1392

27. Customer will need to contact Cal American Water to identify current water source and what will be needed. Contact Matthew Schuler, California American Water, Operations Specialist, San Diego Operations. Phone: (619) 446-5713.

28. New sewer connection(s) to the main line shall be coordinated with the Public Works Sewer Department.

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29. Prior to approval of these plans the sewer lateral locations shall be drawn on the plans and submitted to the City for review and approval. If applicable, new buildings cannot be constructed on top of existing sewer lateral, rerouting is required.

30. (If Applicable) The applicant is required to demonstrate that existing sewer laterals conform to all City standards, specifications and codes. In order to determine the existing condition of the lateral, the applicant must provide an in-line closed-circuit video (CCTV) inspection of the lateral from the building to the City's sewer main. Any damaged sections of pipe found during the video inspection must be repaired before approval of the lateral for use.

31. For new installations, all sewer laterals shall be installed per Regional Standards SS-01 through SS-04, SP-01 through SP-03 & SC-01. Prior to sewer tap, the applicant shall contact the Public Works Department for an inspection of the tie to the Main by calling the Public Works Inspector (619) 551-8005.

32. If an existing sewer lateral servicing the site will not be utilized and is to be abandoned, it shall be abandoned per the Greenbook standards or other approved building standards.

Include the abandonment procedures on the building plans for City approval.

33. No building roof or landscape water drains may be piped to the street or onto impervious surfaces that lead to the street. A design that has these water discharges directly into the storm drain conveyance system (onto an impervious surface that flows to the street) is in violation of the Municipal Storm Water Permit - Order R9-2013-0001.

34. Building foundation elevations shall be at least one (1) foot above gutter line to minimize flooding during storm conditions.

35. The owner of private property adjoining the public right-of-way shall be responsible to maintain the proposed bio retention landscaping in the area between the sidewalk and private property line for the entire frontage of the property. Such maintenance shall include watering and clearing of weeds.

36. The proposed driveways shall be constructed in a manner so as to:

D. Maintain existing stormwater runoff flows:

E. Avoid the flow of stormwater across the new driveway (or associated sidewalk); and
F. Include the installation of an expansion joint between the paved surface on the private property and the paved surface of the public right-of-way.

37. If it is necessary to cut into the alley pavement as part of this project, all concrete cuts in the alley must be replaced with #4 rebar dowels positioned every 2 feet on center.

Concrete specification must be 560-C-3250. Concrete cuts must also comply with Condition #15 and cuts parallel to the alley drainage must be at least 1-foot from the alley drain line.

38. Proposed driveway approaches on Georgia Street shall be constructed in compliance with San Diego Regional Standard Drawings G-14F (Concrete Driveway- Type B, Contiguous Sidewalk), G-15 (Driveway Location – Adjacent to Curb Returns and Street Lines), and G-16 (Driveway Location and Width Requirements). New curb and gutter shall be constructed in compliance with San Diego Regional Standard Drawing G-2 (Curbs and Gutter – Combined).

39. Proposed driveway approach in alleyway shall be constructed in compliance with San Diego Regional Standard Drawings G-14E (Concrete Driveway-Alley Type), G-15

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(Driveway Location – Adjacent to Curb Returns and Street Lines), and G-16 (Driveway Location and Width Requirements). New curb and gutter shall be constructed in compliance with San Diego Regional Standard Drawing G-2 (Curbs and Gutter – Combined).

40. Existing pedestrian ramp on southwest corner of Palm Ave. & Georgia St. shall be removed and reconstructed to meet current ADA standards per SDRSD G-27, G-30, G32A & G-32B.

41. For alley, sidewalk or curb & gutter replacement ensure compliance with San Diego Regional Standard Drawing G-11 (Concrete Curb, Gutter, Sidewalk & Pavement Removal and Replacement) in that, the “Area to be removed [must be] 5’ or from joint to joint in panel, whichever is less.” The distance between joints or score marks must be a minimum of 5-feet. Where the distance from “Area to be removed”, to existing joint, edge or score mark is less than the minimum shown, “Area to be removed” shall be extended to that joint, edge or score mark.

42. All existing sidewalk abutting the property on Palm Ave. & Georgia St. that does not conform to current ADA standards shall be reconstructed and replaced per SDRSD G-7, with sidewalk joint locations per SDRSD G-9 and concrete joint details per SDRSD G10.

43. Along the public right-of-way, the applicant shall eliminate any existing tripping hazard caused by the condition of the existing public sidewalk along the property frontage. The remedial work required herein shall be performed to the satisfaction of the Public Works Inspector.

44. Where existing right-of-way pavement is to be removed, a clean, neat line shall be sawcut at the edge of existing pavement where the new replacement pavement to be installed. A minimum twelve (12) inch cut shall be provided between a new driveway, curb or other concrete work that meets with asphalt. This will give a clean, compactable area to transition from new concrete to existing road surface. All driveways or sidewalks shall be poured as soon as possible after disturbance of existing pavement to prevent erosion of pavement integrity. Any damaged pavement shall be repaired with like material to the satisfaction of the Public Works Inspector. Existing street widths shall not be narrowed as a result of apron placement.

45. All trench resurfacing shall be performed in accordance with the standards shown below and shall be subject to inspection by the City’s Public Works Inspector. The permittee shall be responsible for calling for an inspection at (619) 551-8005. Trenches and improvements in streets shall conform to regional standards as follows:

A. Trenches wider than six (6) inches: Use Regional Standard G-24A type C.

The base shall be compacted with twelve (12) inch maximum lifts to 95% modified proctor and test reports.

B. Trenches six (6) inches or less: Use regional standard G-33 Type B. Call for an inspection prior to the Asphalt repair at (619) 423-8311.

C. Traffic Control plans shall be followed per approved plans and adjusted by the contractor for changing conditions.\
D. Trench plates used for a SDG&E gas connection (which can take several weeks), or on downhill road sections, need to be ground down so plates are flush with roadway. All plates are to be slip resistant. All open trenches in

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roadway shall be plated and secured at the end of the work day. All other open trenches shall be plated or covered in heavy plywood.

E. Where a curb exists, the applicant shall bore under curb or saw cut a minimum of the width of the asphalt patch and replace with same construction.

F. No trench shall be opened in any street for the purpose of laying pipes, conduits or ducts except when the prior written consent of the Director of Public Works has been obtained. Construction shall include restoration of all speed controls (bumps or humps) and all striping and/or any signage that may be disturbed as the result of project implementation. Restoration of disturbed speed humps shall include a double coat of speed hump paint with glass crystals. No open trench shall be allowed across any street or within 10 ft. of any travel way.

46. For any work to be performed in the street or alley, submit a traffic control plan for approval by Public Works Inspector a minimum of 5 working days in advance of street work. Traffic control plan is to be per Regional Standard Drawings or CALTRANS Traffic Control Manual.

47. The applicant shall be responsible for informing the public of the traffic conditions existing within the construction area at all times by placement of appropriate warning and advisory signs. The applicant shall also provide and maintain all traffic control and safety items. Barricades and any other delineation in the right of way shall be required and maintained by applicant for the duration of the right of way improvements. Applicant assumes sole and complete responsibility for the job and site conditions during the course of construction, including safety of all persons and property. This requirement shall apply continuously twenty-four (24) hours per day and shall not be limited to normal work hours.

48. For any project that proposes work within the public right-of-way (i.e., driveway removal/construction, sidewalk removal/construction, street or alley demolition/reconstruction, sewer lateral trenching and installation, landscaping and irrigation, fences, walls within the public right-of-way, etc.), a Temporary Encroachment Permit (TEP) shall be applied for and approved either prior to or concurrent with issuance of the building permit required for the project. Application for a Temporary Encroachment Permit shall be made on forms available at the Community Development Department.

49. Permittee shall schedule inspections with the Public Works Department (619) 551-8005 at least 24 hours prior to need as follows:

A. Sidewalk, Driveway, Curb and Gutter and other Concrete Work Pre-pour and Final
B. Street Excavation T-Cut and Final
C. Sewer Lateral Capping during Demolition and New Lateral Connection to Main
D. All Other Encroachment Activity Final

50. All alley, driveway, sidewalk, or curb & gutter construction within the City right-of-way shall require either a “CLASS A” or “C-8” Contractor’s license. All sewer lateral installations and trenching work within the City right-of-way shall require a “CLASS A” Contractor’s license.

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Resolution No. 2023-67

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51. Any disposal/transportation of solid/construction waste in roll off containers must be contracted through EDCO Disposal Corporation unless the hauling capability exists integral to the prime contractor performing the work.

52. The parcel impervious surfaces are not to increase beyond that proposed in the project review drawings. This will be as a post-construction condition in order to maximize the water runoff infiltration area on the parcel in compliance with Municipal Storm Water Permit – Order R9-2013-0001.

53. Install/set property survey monuments at all property corners. Prepare either a Record of Survey or Corner Record, whichever is applicable pursuant to the requirements of the State Land Surveyor’s Act. Said Record of Survey or Corner Record shall be recorded in the office of the San Diego County Recorder. Provide the City with a recorded copy.

54. Applicant required to provide verification of post construction Best Management Practice (BMP) maintenance provisions through a legal agreement, covenant, CEQA mitigation requirement, and / or Conditional Use Permit. Agreement is provided through the Community Development Department.

55. Property owner must institute “Best Management Practices” to prevent contamination of storm drains, ground water and receiving waters during both construction and post construction. The property owner or applicant BMP practices shall include but are not limited to:

A. Contain all construction water used in conjunction with the construction.

Contained construction water is to be properly disposed in accordance with Federal, State, and City statutes, regulations and ordinances.

B. All recyclable construction waste must be properly recycled and not disposed in the landfill.

C. Water used on site must be prevented from entering the storm drain conveyance system (i.e. streets, gutters, alley, storm drain ditches, storm drain pipes).

D. All wastewater resulting from cleaning construction tools and equipment must be contained on site and properly disposed in accordance with Federal, State, and City statutes, regulations, and ordinances.

E. Erosion control - All sediment on the construction site must be contained on the construction site and not permitted to enter the storm drain conveyance system. Applicant is to cover disturbed and exposed soil areas of the project with plastic–like material (or equivalent product) to prevent sediment removal into the storm drain system. See CASQA’s (California Stormwater Quality Association) Construction Best Management Practices Handbook for other alternative erosion and sediment control BMPs.

56. Two days prior to any excavation, “Dig-Alert” (800) 227-2600 shall be notified to locate all known underground utilities.

57. Applicant must underground all utilities in accordance with I.B.M.C. 13.08.060.C as noted below, applicability to new structures:

A. For any development which requires a building permit but is of a valuation of fifty thousand dollars or less, the applicant will be required either to underground the utilities or to sign a deferral agreement pertaining thereto.

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Resolution No. 2023-67

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B. For any development of single-family residence(s) or duplex(es) which exceeds a valuation of fifty thousand dollars, the applicant will be required to sign a deferral agreement with, and pay a recording fee to, the City.

C. Any development of property other than as described in subsection A or B of this section in excess of fifty thousand dollars valuation will be required to underground all utility services on-site, adjacent thereto and those which traverse the site.”

58. The applicant/property owner shall read, understand, and accept the conditions listed herein and shall, within 30 days, return a signed statement to the Community Development Department accepting said conditions.

59. The applicant/property owner shall pay off any deficits in his project account (21-0049- DEP) prior to building permit issuance and prior to final inspection.

Appeal Process under the California Code of Civil Procedure (CCP): The time within which judicial review of a City Council decision must be sought is governed by Section 1094.6 of the CCP. A right to appeal a City Council decision is governed by CCP Section 1094.5 and Chapter

1.18 of the Imperial Beach Municipal Code.

PROTEST PROVISION: The 90-day period in which any party may file a protest, pursuant to Government Code Section 66020, of the fees, dedications or exactions imposed on this development project begins on the date of the final decision.

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

1. That the foregoing recitals are true and correct.

2. That a six (6) month time extension for Conditional Use Permit (CUP-21-0003), Design Review Case (DRC-21-0016), and Site Plan Review (SPR-21-0017) and Categorical Exemption pursuant to CEQA guidelines 15332 (In-Fill Development Projects) is approved for the demolition of an existing building and construct a new Del Taco restaurant with a drive-through facility and outdoor patio seating area at 1333 Palm Ave (APN 627-011-19-00), subject to the conditions set forth in this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 16th day of August 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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Attachment 2

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August 17, 2022
DEL TACO (APPLICANT); CONSTRUCTION OF A NEW DEL TACO RESTAURANT WITH A

DRIVE-THROUGH AND OUTDOOR PATIO SEATING AREA AND CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES SECTION 15332 AT 1333 PALM AVE (APN 627-011-19-00) USE-21-0049. (0600-20)
ORIGINATING DEPARTMENT:

Community Development
EXECUTIVE SUMMARY:

The owner of a property at 1333 Palm Avenue, which is located in the C/MU-1 (General Commercial & Mixed-Use) Zone, has initiated the process to demolish an existing building and construct a new Del Taco restaurant with a drive-through facility and outdoor patio seating area.

RECOMMENDATION:

That the City Council adopt Resolution 2022-66, approving Conditional Use Permit (CUP-21- 0003), Design Review Case (DRC-21-0016), Site Plan Review (SPR-21-0017), and Categorical Exemption pursuant to CEQA guidelines 15332 (In-Fill Development Projects) to construct a new 1,856 SF Del Taco restaurant with a drive-through facility and outdoor patio seating area at 1333 Palm Avenue (APN 627-011-19-00) in the C/MU-1 (General 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.

BACKGROUND/ANALYSIS:

An application (USE-21-0049/MF 1428) was originally filed with the City on November 24, 2021, for a Conditional Use Permit (CUP-21-0003), Design Review Case (DRC-21-0016), Site Plan Review (SPR-21-0017), and Categorical Exemption pursuant to CEQA guidelines 15332 (In-Fill Development Projects) to demolish an existing building and construct a new 1,856 square foot single-story Del Taco restaurant drive through facility and outdoor patio seating area at 1333 Palm

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Avenue (APN 627-011-19-00) in the C/MU-1 (General Commercial & Mixed-Use) Zone. The project is located on a 16,100 square foot lot situated on the southwest corner of Palm Avenue and Georgia Street. Vehicular ingress and egress to the property would be provided from both Georgia Street and a drive aisle accessible off an alley that is parallel to the lot’s western property line. The properties east and west of the project site are also located in the C/MU-1 Zone and the land uses are commercial in character. The properties located south of the project site are zoned residential and are residential in character. The properties to the north are located within the City of San Diego’s jurisdictional boundaries and are commercial in character.

Building Orientation & Design:

The proposed project would
consist of an 1,856 square foot
single-story Del Taco
restaurant with a drive through
facility and a 254 square foot
outdoor patio. The building is
designed in Del Taco’s “Nu
Prototype” architectural style,
which features a rectangular
shaped building with varying
roof heights, various art
graphics depicting the
character of the local
community, bright accent
colors, and a mixture of wall finishes. The overall height of the building is 24’, including the structure’s parapet and signage. Direct pedestrian access to the restaurant would be provided off Palm Avenue and an ADA path of travel originating from the northernmost portion of the parking lot would provide access to the restaurant’s main entrances on Palm Avenue.

The restaurant’s drive through facility and parking lot would be accessible from both the alley situated to the west of the project site as well as off Georgia Street. A queuing analysis was conducted to ensure no spill over from the drive through into adjacent streets and alleyways. The proposed site plan shows a drive through storage capacity of 8 vehicles, which would be sufficient to accommodate the expected maximum queue length when compared to the queue data for three similar Del Taco locations within San Diego County.

The restaurant’s parking lot would locate on the southern portion of the property behind the proposed restaurant and would provide 19 parking spaces, including one ADA stall and one EV charging station. Landscaping would be installed around the parking lot perimeter and within the parking area.

A 254 square foot outdoor patio is proposed to front Georgia Street and would consist of outdoor dining facilities and a mobile pick-up station. The patio would include decorative paving and an open patio trellis with a solar panel array above the patio cover. The area would be shielded from traffic with landscaping consisting of trees, shrubs, grasses, and a bio-retention basin. A bicycle parking area is proposed adjacent to the outdoor seating area.

A trash and recycling enclosure would be situated in the parking lot, behind the drive through queue, surrounded by landscaping, and away from outdoor seating. The enclosure would be constructed from CMU block walls, metal frame double doors, a galvanized corrugated sheet metal underside trellis roofing, and a painted color PX-1 stucco finish to match the building. Waste,

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recycling, and organics pick-up would occur from the parking lot accessed off Georgia Street or the alley.

The proposed design should conform to the intent and purpose of the design standards outlined in IBMC Section 19.83.010 and should contribute positively to the mixed-use corridor, which is comprised of a mix of commercial and residential uses. The applicant’s design provides varied building materials and architectural interest beyond what currently exists and would promote pedestrian activity with an active commercial use.

North Elevation
South Elevation
Mural: The project colored elevations and renderings on the south elevation show a light blue mural with two blue dolphins and a State of California Geographic state boundary that reads Imperial Beach in dark blue channel lettering. The applicant is proposing to work with a muralist, and as such, the final design of the mural is subject to change. Therefore, a condition of approval will be added into Resolution 2022 – 66 stating that the final design of the mural is subject to city review and approval prior to installation.

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Night Rendering
Building and Floor to Ceiling Height: New buildings fronting Palm Avenue would be required to locate along the front property line and provide a minimum ground floor height of fifteen feet. The applicant is proposing a 64’ long, 24’ tall building with a 15’ 5 ¼” interior floor to ceiling height and 29’ building depth.

Lighting: The project proposes LED light fixtures throughout the site. LED string lights along the underside trellis roofing for the drive-through facility are proposed. On the exterior of the building, LED light fixtures would be mounted to the walls. Light poles with LED fixtures would locate within the parking lot near the east and south property lines, and near the drive-through facility. All proposed lighting adjacent to residential and/or commercial uses would incorporate shielded or focused lights to ensure that the proposed lighting would not impact the surrounding area/uses.

Parking: The property would provide a total of 19 parking spaces, including one ADA stall and one EV charging station. Vehicle ingress and egress would be provided from a curb cut off Georgia Street as well as from a drive aisle accessible off the alley. Additionally, the project would provide a bicycle parking rack adjacent to the outdoor seating area that would accommodate three bicycles. In accordance with the City’s commercial landscaping requirements, the parking lot would include landscaping such as trees, shrubs, and grasses. Additionally, as part of the project, two existing curb cuts off Palm Avenue would be removed.

Queuing: The drive-through queue entrance is located on the western portion of the lot with the drive-through lane directly adjacent to the southern elevation of the building. Vehicles would travel east, exiting on the eastern portion of the lot to a two-way drive aisle, allowing for vehicles to exit the site off of the alley on the western portion of the lot or off of a curb cut on the eastern portion of the lot on to Georgia Street. A drive-through service window queuing analysis was performed to determine if the storage capacity of the drive-through lane is sufficient to meet the demand of vehicles using the drive-through. This task is completed by estimating the expected maximum queue length and comparing it to the storage capacity. If the storage capacity exceeds the

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maximum queue length, then the storage length is sufficient. Based on the drive-through lane queuing analysis for three similar Del Taco locations in San Diego County, the maximum queue length is not expected to exceed 8 vehicles, which is the storage capacity for the project site.

Therefore, the service lane is of sufficient length for the proposed project site.

Signage: The project is proposing a wall sign located above the business facing Palm Avenue, Georgia Street, and the west public alley. Any proposed signage should be conformance with standards pursuant to IBMC Section 19.52.050 and the colors and size relate to the business therefore making it consistent with the General Plan.

Landscaping: Typically, new commercial development requires that 15% of the total site be landscaped. The project proposes to install a total of 3,431 square feet of landscaping consisting of 3,002 square feet of on-site landscaping, a 267 square foot bio-retention basin, and a 162 square foot bio-retention non-living groundcover area accounting for 21% of the total area of the site. The applicant also proposes to install an additional 2,065 square feet of landscaping in the right-of-way surrounding the project site. In total, the project would install 5,543 square feet of landscaping, including 27 new trees.

Landscape Plan
Design Review Board:

The Design Review Board reviewed the project on June 16, 2022, and recommended approval of the project’s design with a vote of 4-0 (see Attachment 3) with the following recommendations:

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 Relocate parking lights located along the southern property line or install shielding on light poles.
 Apply a cosmetic treatment or remove the existing retaining wall along the Georgia street right of way.
 Consider an alternate color instead of the neon green.  Remove or don’t illuminate the signage on the south side of the structure (southern elevation).
 Use similar materials as used on the building on the trash enclosures for cohesiveness.  Golden medallion trees along the southern property line must be replaced with evergreen trees.
 Wood fencing must be vertical with no space between the panels and consider using block or vinyl with steel posts for longevity.
 Consider using stucco instead of foam EIFs for longevity.  Consider staggering the parapet heights on the north and south elevation.  Seal wood elements.
 Wooding fencing on the west elevation used to shield switchgear should be replaced with a block wall and finish materials must match the building’s exterior finish.  Provide legend on landscape plan.

These recommendations have been incorporated into the plans and provided as conditions of approval within Resolution 2022-66.

General Plan/ Zoning Consistency: The proposed development is subject to C/MU-1 (General Commercial & Mixed-Use) zoning requirements. The purpose of the C/MU-1 zone is to provide areas for businesses to meet the demand for commercial goods and services required primarily by the local population. It is intended that the dominant type of commercial activity in the C/MU-1 Zone will be community and neighborhood serving retail and office uses. Mixed-use development and multiple family residences are also permitted in the C/MU-1 Zone. The proposed project would provide restaurant services, meeting the intent of the land use designation.

Zoning:

Standards Provided/Proposed
Yard requirements for the C/MU-1 zone are as
follows:

A. Front Yard. Zero feet; up to forty percent of
the project frontage may be set back up to
an additional five feet. Front yards facing
Donax Avenue or Calla Avenue shall be a
minimum of fifteen feet.

B. Side Yard. There shall be a minimum side
yard of five feet.

A. One hundred percent of the
project fronts Palm Avenue.

Direct pedestrian and ADA
access to the restaurant is
provided off Palm Avenue
where there are two entrances.

B. The side yards of the project
are adjacent to Georgia Street
and an alley. The side yard for
the portion of the building off

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C. Rear Yard. There shall be a minimum rear
yard of ten feet.

The open space and landscaping requirements as
stated in Chapter 19.50 of this code shall be met.
the alley adjacent to the
eastern property line measures
48 feet 9 inches and the side
yard for the portion of the patio
off of Georgia Street measures
10 feet 2 inches.

C. The rear yard abuts the parking
area for the project and
measures approximately 84
feet from the property line to
the proposed building.
15% of the site must be landscaped,
and 21% is provided. Hardscape
surfaces or landscaping in the public
right of way directly abutting the
property were not utilized in the
landscape calculations.
“Active Commercial Uses” as defined in Chapter

19.05 are required for all buildings with frontage along Palm Avenue at a minimum of 60% of each building’s
ground floor lineal footage, have direct pedestrian
access from the Palm Avenue 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 19.26.020.A.1).

The commercial building is located
along Palm Avenue. There is a 7’
paved sidewalk on Palm Avenue that
connects to two paved pedestrian
pathways which lead directly into the
businesses two main entrances.

Landscaping including trees, shrubs,
and hedges are adjacent to the
pathways and provide relief from traffic
along Palm Avenue. The building
depth would be 29-feet.

For property with a side or rear yard abutting a
residential zone, the second floor shall be set back a
minimum of five feet from the abutting residential
property line and the third floor shall be set back a
minimum of ten feet from the abutting residential
property line. (Section 19.26.041)
The property abuts a residential zone
directly to the south. The proposed
project is a single-story commercial
building with an 84-foot rear yard
setback.

Minimum lot size of 3,000 square-feet (Section

19.26.050).

The lot size is 16,100 square feet.

Minimum street frontage of 30 feet (Section

19.26.060).

The Palm Avenue frontage is
approximately 140 feet, and the
Georgia Street frontage is 115 feet.

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Maximum building height of four stories or 40 feet
(Section 19.26.070).

The project proposes a building height
that ranges from 20-feet to 24-feet,
The applicant will be required to show
conformance with the height
requirement as required by IBMC

19.04.400.

All commercial spaces on the ground floor shall have
a minimum fifteen-foot floor-to-ceiling height; and
single-story commercial buildings shall have a
minimum building height of twenty feet. (Section

19.27.070).

The project is a single-story
commercial building proposing a floorto-ceiling height of 15-feet 5 ¼”. The building height would range from 20
feet to 24-feet.

No buildings shall be located less than five feet from
any other building on the same lot. (Section

19.26.080)
No other buildings are proposed 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 rightof-way.

C. A portion of a property not used for buildings,
parking, walkways, loading or storage areas shall be
landscaped.

A. The project proposes
landscape 21% of the project
site by installing a total of 3,431
square feet of landscaping
which would consist of 3,002
square feet of on-site
landscaping, a 267 square foot
bio-retention basin, and a 162
square foot bio-retention nonliving groundcover area. In addition, the applicant also
proposes to install an added
2,065 square feet of
landscaping in the right-of-way
abutting the project site. In
total, the project would install
5,543 square feet of
landscaping, including 27 new
trees
B. The project provides a 5’
landscape area between the
parking lot and Georgia Street.

C. Portions of a property not used
for buildings, parking,
walkways, loading, or storage
are landscaped.

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D. There shall be a minimum three-foot by fifteenfoot, or forty-five square foot, landscaped area within the parking area (not including perimeter area
landscaping) for every three parking spaces or the
equivalent. A minimum width of three feet is required.

A four-foot by fifteen-foot area may be permitted for
every four spaces, five-foot-wide for five spaces, etc.

E. Prior to issuance of any building permits, a
complete landscaping plan shall be submitted to the
Community Development Department for approval.

Such approval shall be subject to appeal in the
manner set forth in Sections 19.84.070 through

19.84.090.

F. Landscaping and required watering system
shall be installed prior to the use of the premises. All landscaping material in required landscaping areas
shall be permanently maintained in a growing and
healthy condition, including trimming, as appropriate
to the landscaping material.

A permanent irrigation system shall be installed to
serve all landscaped areas.

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.

F. Landscaping and required
watering system shall be
installed prior to the use of the
premises subject to state
requirements.

A permanent irrigation system shall be
installed to serve all landscaped areas
subject to state requirements.

Required parking spaces for drive-through
establishments in the C/MU-1 Zone: one space for
each fifty square feet of net floor area, plus one space per two employees at largest work shift (IBMC

19.48.050.E).

The project proposes a total of 734
square feet of net floor area which
consists of 480 square feet of dining
room & standing area inside the
restaurant and a 254 square foot
outdoor patio requiring 15 parking
spaces. Additionally, the restaurant
would have 8 employees at the largest
work shift requiring 4 parking spaces.

The project provides a total of 19
parking spaces (17 standard, 1 ADA
accessible, and 1 EV Charging
Station). The applicant would be
required to show conformance with the
off-street parking requirements per
IBMC Section 19.48.050.

Surrounding Land Use and Zoning:

Surrounding
Properties Surrounding Zoning Surrounding Land Use
North City of San Diego Commercial
South R-3000 (Two-Family Residential) Residential

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East C/MU-1 (General Commercial & MixedUse)Commercial
West C/MU-1 (General Commercial & MixedUse)Commercial
ENVIRONMENTAL DETERMINATION:

This project may be 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 Projects).

ATTACHMENTS:

1. Attachment 1 – Resolution 2022-66

2. Attachment 2 – Project Plans

3. Attachment 3 – Design Review Minutes 061622

4. Attachment 4 – Project Renderings, Landscape Plan, Materials Board

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Attachment 4

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August 16, 2023
ITEM TITLE: RESOLUTION NO. 2023-62 AND SA-23-86 APPROVING AND ADOPTING THE

AMENDMENTS TO CITY OF IMPERIAL BEACH INVESTMENT POLICY AND DELEGATING THE CITY TREASURER THE AUTHORITY TO INVEST AND REINVEST. (0350-95 & 0418-95) ORIGINATING DEPARTMENT:

Finance
EXECUTIVE SUMMARY:

The California State Treasurer recommends that Local Agency Investment Guidelines be reviewed and amended annually for compliance will all governing laws and regulations. Staff is seeking approval and adoption of Resolution No. 2023-62 by the City Council and SA-23-86 by the Successor Agency authorizing the amendments to the City of Imperial Beach Investment Policy. Additionally, pursuant to California Government Code Section 53607, Staff is seeking approval to delegate to the City Treasurer the authority to invest and reinvest the City’s financial assets.

RECOMMENDATION:

OPTIONS:
 Adopt Resolution No. 2023-62 and SA-23-86 as recommended  Provide staff with direction for alternative action
BACKGROUND/ANALYSIS:

The Investment Policy (Policy) and Government Code 53646(a)(2) sets forth that the Policy shall be subject to review by the City Council/Board on an annual basis. Any recommended modifications or amendments shall be presented by Staff to the City Council/Board, at a public meeting, for their consideration and adoption.

The Policy was last reviewed by City Council in September 2022. At that time only minor modifications were made to bring the Policy into compliance with current industry practices as well as with Government Code 53600, et seq, which governs the investments of local agencies.

Additionally, modifications made to staffing titles into alignment with current positions. Any modifications made only serve to strengthen and clarify the City’s Investment Policy. Once again,

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Imperial Beach City CouncilAugust 16, 2023

Imperial Beach City Council
August 16, 2023