Imperial Beach City Council
October 18, 2023

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

Wednesday, October 18, 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.

Any writings or documents provided to a majority of the City Council/Planning Commission/Public Financing Authority/Housing Authority/I.B. RDA Successor Agency regarding any item on this agenda will be available to the public on the City's website at: https://pub-imperialbeach.escribemeetings.com/?Year=2023 Pages

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. REIMBURSEMENT DISCLOSURES/REPORTS ON ASSIGNMENTS AND

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

5. COMMUNICATIONS FROM CITY STAFF

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

7. PRESENTATIONS

7.a CONSIDERATION OF PROCLAMATION HONORING BREAST CANCER AWARENESS MONTH, 2023. (0410-30)
6 Recommendation:

To consider the Proclamation.

7.b CONSIDERATION OF PROCLAMATION HONORING INDIGENOUS
PEOPLE’S DAY. (0410-30)
8 Recommendation:

To consider the Proclamation.

7.c MTS RAPID ROUTE UPDATE. (0680-85)*
* No staff report.

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

Recommendation:

To approve Consent Calendar Item Nos. 8.a through 8.j.

8.a APPROVAL OF CITY COUNCIL MEETING MINUTES. 10
Recommendation:

That the City Council approves the Special Meeting Minutes of September 12, 2023 and the Regular Meeting Minutes of October 4, 2023.

8.b RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM SEPTEMBER 23, 2023 TO OCTOBER 6, 2023. (0300-25)
31 Recommendation:

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

8.c SUBJECT RESOLUTION 2023-90 TO AUTHORIZE SUBMITTAL OF AN APPLICATION FOR FISCAL YEAR 2024-2025 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. (0650-34)
42 Recommendation:

Adopt Resolution 2023-90, a Resolution of the City of Imperial Beach, California Authorizing the Submittal of an Application for Fiscal Year 2024-2025 Community Development Block Grant Funds.

8.d ADOPTION OF RESOLUTION 2023-87 TO ADOPT ADMINISTRATIVE

ENCROACHMENT AND EXCAVATION RULES AND REGULATIONS FOR
WIRELINE COMMUNICATION FACILITIES FOR PACIFIC WYYERD, LLC. (0710-55)
46 Recommendation:

That the City Council adopts the Administrative Encroachment and Excavation Rules and Regulations for Wireline Communication Facilities (“Exhibit A” to resolution) and allow new fiber optic lines to be installed in the City's right-ofway subject to the issuance of an Encroachment Permit.

8.e NON-INCLUSIVE LICENSE AGREEMENT FOR A DISH WIRELESS CELLULAR SITE AT CITY HALL. (0800-50)
80 Recommendation:

That the City Council adopts Resolution 2023-86 authorizing a non-exclusive License Agreement with DISH Wireless, LLC to provide access to 827 Imperial Beach Boulevard (632-111-27-00) for the installation and operation of a cellular site.

8.f ADOPTION OF RESO. 2023-89 AUTHORIZING RECEIPT OF COASTAL

CONSERVANCY GRANT FUNDS FOR THE BAYSHORE BIKEWAY

RESILIENCY PROJECT, REQUISITE BUDGET ADJUSTMENTS, & AN

AMENDMENT TO THE CONTRACT WITH NEXUS PLANNING & RESEARCH FOR THE PROJECT. (0620-77 & 0680-20)
119
Recommendation:

That the City Council adopt Resolution Number 2023-89 authorizing 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 the Coastal Conservancy, authorizing the City Manager or designee to make required budget adjustments to accommodate the grant funds and project expenditures, and authorize the City Manager, or designee to make an amendment to the contract with Nexus Planning & Research for consultant support to implement the project.

8.g SECOND READING AND ADOPTION OF ORDINANCE NO. 2023-1237 AMENDING TITLE 12.08 OF THE IMPERIAL BEACH MUNICIPAL CODE RELATING TO STREETS, SIDEWALKS AND PUBLIC PLACES. (0720-95 & 0460-10)
125
Recommendation:

Staff recommends that the City Council conduct the second reading and adoption of Ordinance No. 2023-1237, amending the Municipal Code, by title only.

8.h SECOND READING OF ORDINANCE NO. 2023-1236 AMENDING TITLE

8.36.160 OF THE IMPERIAL BEACH MUNICIPAL CODE RELATING TO HEALTH AND SAFETY. (0720-95 & 0460-10)
132
Recommendation:

Staff recommends that the City Council conduct the second reading and adopt Ordinance No. 2023-1236, amending the Municipal Code by title only.

8.i SECOND READING AND ADOPTION OF ORDINANCE NO. 2023-1235 AMENDING TITLES 4, 10, 16, AND 18 OF THE IMPERIAL BEACH MUNICIPAL CODE RELATED TO VARIOUS CITY FEES. (0390-55 & 0390-95) 135
Recommendation:

That the City Council conduct the second reading and adopt Ordinance No. 2023-1235 by title only.

8.j APPROVAL OF SPECIAL EVENT APPLICATION FOR THE MILITARY

APPRECIATION DAY EVENT AND RESERVATION OF DUNES PARK ON SATURDAY, NOVEMBER 11, 2023. (1040-10)
162
Recommendation:

Staff recommends the City Council approves the application request for the 2023 Military Appreciation Day special event to reserve and activate Dunes Park as an event venue for the annual Military Appreciation Day event which will be held on Saturday, November 11, 2023.

9. ORDINANCES/INTRODUCTION & FIRST READING
None.

10. PUBLIC HEARINGS
None.

11. REPORTS

11.a CONSIDERATION OF THE REVIEW PROCESS OF IMPERIAL BEACH MUNICIPAL CODE CHAPTER 4.60 “CANNABIS FACILITIES” TO
CONSIDER ANY CHANGES TO THE CITY’S CANNABIS REGULATIONS MF 1550. (0610-95 & 0610-20)
172
Recommendation:

That the City Council consider and discuss the item and:

Appoint a limited term ad hoc subcommittee of the City Council to work with staff to review IBMC Chapter 4.60 and submit the findings/recommendations at a future Council meeting; and/or

1. Provide direction to staff to perform the review with input on the pertinent factors such as whether or not the City Council wants to pursue any modifications to the ordinance to allow an additional cannabis facility.

2. 11.b RESOLUTION 2023-84 TO ACCEPT AND APPROPRIATE $150,000 IN

STATE ACTIVE TRANSPORTATION GRANT PROJECT APPROVAL &

ENVIRONMENTAL DOCUMENT FUNDS FOR THE PALM AVENUE
COMPLETE MULTIMODAL CORRIDOR PROJECT (S22109). (0390-86) 210
Recommendation:

Adopt Resolution 2023-84 to accept and appropriate $150,000 in State Active Transportation Grant funding for Project Approval & Environmental Document portion of the project.

11.c TIME EXTENSION REQUEST FOR THE BLUE WAVE PROJECT,
INCLUDING MITIGATED NEGATIVE DECLARATION, LOCATED AT 550 HIGHWAY 75 AND 624 7TH STREET (APNs 625-140-08-00, 626-070-33-00, AND 626-070-57-00). MF 1307. (0600-20)
213
Recommendation:

That the City Council adopt Resolution No. 2023-88 approving a six (6) month time extension for Regular Coastal Development Permit (CP 180066), Conditional Use Permit (CUP 180067), Design Review Case (DRC 180068), Site Plan Review (SPR 180071), Vesting Tentative Map (VTM 180072), and Mitigated Negative Declaration (EIA 180069; SCH# 2019059022) to construct a new vertical mixed-use development with 47-hotel rooms, 51-residential units (2 very low income), and approximately 6,680 square feet of commercial space at 550 Highway 75 and 624 7th Street (APNs 625-140-08-00, 626-070- 33-00, AND 626-070-57-00) in the C/MU-1 (General Commercial & MixedUse) Zone subject to the conditions as specified in the resolution (Attachment 1 of the staff report).

11.d RESOLUTION 2023-85 APPROVING AND ADOPTING THE CITY’S FISCAL YEAR 2023-2025 SALARY SCHEDULE, AMENDING THE CITY’S
PERSONNEL RULES, AND VARIOUS PERSONNEL CHANGES (0500-95 & 0520-75).
246
Recommendation:

Staff recommends approval of Resolution 2023-85 that would result in the following actions:
• Approval of the City’s Fiscal Year 2023-2025 Salary Schedule • Amendment of the Personnel Rules Article VII
• Approval of various personnel changes

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

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

14. CITY COUNCIL FUTURE AGENDA REQUESTS

15. ADJOURN REGULAR MEETING

P a g e | 1
October 18, 2023
ITEM TITLE: CONSIDERATION OF PROCLAMATION HONORING BREAST CANCER AWARENESS MONTH, 2023. (0410-30)
ORIGINATING DEPARTMENT:

Mayor
RECOMMENDATION:

To consider the Proclamation.

ATTACHMENTS:

ATT 1 – Breast Cancer Awareness Month Proclamation, 2023_draft

Attachment 1

BREAST CANCER AWARENESS MONTH
WHEREAS, nearly 300,000 women and 2,800 men will be diagnosed with invasive breast cancer this year, and one in eight women in America will be diagnosed with the disease in their lifetimes; and
WHEREAS, according to the National Cancer Institute, breast cancer is the second most common cancer in women after skin cancer; and
WHEREAS, early detection is one of the most important strategies for treating breast cancer successfully, and regular screenings are the most reliable way to detect it early; and WHEREAS, although breast cancer is more common in women, breast cancer can also affect men. Survival for men with breast cancer is similar to survival for women with breast cancer; and WHEREAS, Breast Cancer Awareness Month is an opportunity to unite the community and spread important messages of early detection, screening and prevention; and WHEREAS, during National Breast Cancer Awareness Month, we stand with the courageous women and men who have been diagnosed with breast cancer and honor those who have lost their battle to this terrible disease; and
WHEREAS, a pink ribbon represents the courage to fight breast cancer, hope for the future, and the charitable goodness of people and businesses who publicly support the breast cancer movement.

NOW, THEREFORE, BE IT RESOLVED, that I, Paloma Aguirre, Mayor of the City of Imperial Beach, California, together with the City Council, proclaim October 2023 as “Breast Cancer Awareness Month” in the City of Imperial Beach and encourage everyone to follow the American Cancer Society Guidelines for the Early Detection of Cancer and to wear a pink ribbon to express support and compassion for those who face the challenges of breast cancer.

Dated: October 18, 2023

Paloma Aguirre, Mayor

P a g e | 1
October 18, 2023
ITEM TITLE: CONSIDERATION OF PROCLAMATION HONORING INDIGENOUS PEOPLE’S DAY. (0410-30)
ORIGINATING DEPARTMENT:

Mayor
EXECUTIVE SUMMARY:

RECOMMENDATION:

Consider the Proclamation.

ATTACHMENTS:

ATT 1 – Indigenous People’s Day Proclamation_draft

Attachment 1

CELEBRATION OF INDIGENOUS PEOPLE’S DAY
WHEREAS, during Indigenous People’s Day, the City of Imperial Beach celebrate and honor their resilience and determination to preserve cultures and way of life; and WHEREAS, honoring the heritage of Indigenous peoples is essential to fostering understanding and promoting unity among all citizens; and WHEREAS, natives and non-natives have shared this community for hundreds of years and the Indigenous people have provided us friendship, guidance and protection; and WHEREAS, Indigenous peoples are an inspiration of resilience, strength, and perseverance as well as a source of incredible contributions; and WHEREAS, Indigenous peoples and Tribal Nations continue to practice their cultures, remember their heritages, and pass down their histories from generation to generation; and WHEREAS, the City of Imperial Beach remembers the mosaic of humanity enriched by the cultural diversity, profound wisdom, and ancestral heritage of Indigenous peoples who have stewarded these lands; and
WHEREAS, the City of Imperial Beach wishes to recognize Natives with a day to celebrate and honor Indigenous people to better reflect the experiences of Indigenous people and to hold in esteem their roots, history and contributions; and
WHEREAS, the City of Imperial Beach wishes to preserve and promote the history and culture of all Indigenous people by uplifting the past, present, and future contributions of all Indigenous Peoples to our rich city’s diversity.

NOW, THEREFORE, BE IT RESOLVED, that I, Paloma Aguirre, Mayor of the City of Imperial Beach, California, together with the City Council, proclaim that on this day, October 18, 2023, we recognize and celebrate October 9th as Indigenous People’s Day.

Dated: October 18, 2023

Paloma Aguirre, Mayor

P a g e | 1
October 18, 2023
ITEM TITLE: APPROVAL OF CITY COUNCIL MEETING MINUTES.

ORIGINATING DEPARTMENT:

City Clerk
RECOMMENDATION:

That the City Council approves the Special Meeting Minutes of September 12, 2023 and the Regular Meeting Minutes of October 4, 2023.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT: No Fiscal impact associated with this item.

ATTACHMENTS:

ATT 1 – 09-12-23 Special Meeting Minutes_DRAFT
ATT 2 – 10-04-23 Regular Meeting Minutes_DRAFT

ATTACHMENT 1
1 CITY OF IMPERIAL BEACH

CITY COUNCIL

CLOSED SESSION AND SPECIAL MEETING MINUTES
September 12, 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 Clerk Kelly, Fire Chief French, Finance Director Gitmed, Public Works Director Larios, Deputy City Attorney Lacy, GIS Manager Mercer
The City Council also sits as the Imperial Beach Planning Commission, Public Financing Authority, Housing Authority, And Imperial Beach Redevelopment Agency Successor Agency. _____________________________________________________________________

1. CALL CLOSED SESSION TO ORDER
Mayor Aguirre called the Closed Session to order at 5:30 p.m.

2. ROLL CALL
All members of the City Council were present.

3. CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code section 54956.9 (d)(1) (1 case) Case No. C17-01227

RECONVENE AND ANNOUNCE ACTION
Deputy City Attorney Lacy reported out of Closed Session that direction was given with no reportable action.

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

ATTACHMENT 1
2 5. CALL SPECIAL MEETING TO ORDER
Mayor Aguirre called the Special Meeting to order at 6:01 p.m.

6. ROLL CALL
City Clerk Kelly took roll.

7. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was lead by Girl Scout Troop 5267.

8. REIMBURSEMENT DISCLOSURES/REPORTS ON ASSIGNMENTS AND COMMITTEES Councilmember Fisher:
 Stop the Sewage Rally in Coronado
 Movie in the Park
 SANDAG Regional Plan Public Outreach meeting in Chula Vista  SANDAG Board Meeting
 South County Economic Development Council Meeting
Councilmember Seabury thanked City Council for filling in for her while she was out.

Councilmember McKay
 Imperial Beach Chamber of Commerce Grand Opening
 South Bay Union School District's 100th Anniversary
 Senator Padilla's press conference
 U.S. Airforce flag-raising ceremony
 Stop the Sewage Rally in Coronado
 SANDAG Shoreline Preservation Working Group Meeting
 The Kiwanis Fishing Derby for Kids, co-sponsored by the City, is scheduled for September 16
Mayor Pro Tem
 MTS Executive Committee Meeting in place of Councilmember Marcus Bush from National City
 A meeting with Tom Perez, Senior Advisor to President Biden, Mayor Todd Gloria and Board of Supervisors Char Nora Vargas

ATTACHMENT 1
3 Mayor Aguirre
 San Diego Community Power Board of Directors Meeting
 Press Conference hosted by Senator Padilla
 Rally with American Postal Workers for the Post Office  Meeting with the public regarding public safety
 Housing Workshop Series - Leasing 101
 Stop the Sewage Rally in Coronado
 Coastal Commission meeting in Eureka
 The October 11, 2023 California Coastal Commission Meeting will be held at Pier South Hotel

9. COMMUNICATIONS FROM CITY STAFF
Public Works Director Larios welcomed two new staff members to the Public Works team.

Jesus Avila, Sewer Division Maintenance Worker, and Roberto Miller, Streets Division Maintenance Worker, introduced themselves and provided a short background of their experiences.

Fire Chief French gave a debriefing on the most recent storm, Hurricane Hilary. He explained the efforts of the Fire Department and City staff to prepare the community for the storm. He reminded the community to save their sandbags for the future.

City Manager Foltz announced the following San Diego County surveys are due September 15, 2023:
 Economic impacts to homes, businesses, or organizations due to the Cal-Am Boil Water Advisory
 Economic impacts to businesses due to the transboundary pollution and water contract closures
He Introduced the new Executive Assistant to the Mayor, Rawan Barwari. He recommended Item No. 11.c. be moved to a future agenda.

CAO Cortez-Martinez announced a Campaign Regulations Public Outreach Meeting will be held on September 19, 2023 at 1:00 p.m. in the Dempsey Holder Safety Center.

ATTACHMENT 1
4 Motion by Councilmember Seabury
Seconded by Mayor Aguirre
To continue Item 11.c. to a future agenda.

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

10. PUBLIC COMMENT
Josie Hamada thanked Public Works for their responsiveness in addressing her concern with cleaning up an area located at Palm Ave. and 9th Street. She reminded staff to not water the grass at Veterans Park prior to the Farmers Market. She spoke about her personal experience of nearly getting attacked by a dog and questioned how the City can inform dog owners about leash laws. She spoke in favor of a transportation freebie as in National City.

City Manager Foltz stated all roads in Imperial Beach belong to the City. There will be education and enforcement on keeping dogs on leashes. He said a shuttle is needed in the community, however, there are costs and logistical issues with charging stations. Staff is working on with SDG&E and SANDAG on this issue.

Jarrod Caswell stated tourism and business are down because of the negative news/publicity.

He spoke in favor of good publicity like a video of Imperial Beach he is working on and suggested the City collaborate with him.

Mark Williams agreed with the previous speaker about unleashed dogs. He asked for answers related to the boil water advisory mandate. He questioned the City's response in the event of a disaster.

City Manager Foltz stated the Fire Chief and Assistant Fire Marshal prepare the City's emergency action plans and he spoke about the notifications that took place during the boil water advisory.

11. PRESENTATIONS

11.a CONSIDERATION OF PROCLAMATION CELEBRATING LATINO HERITAGE. (0410-30) Motion by Mayor Pro Tem Leyba-Gonzalez
Seconded by Councilmember Fisher
To approve the proclamation.

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

ATTACHMENT 1
5 Mayor Aguirre read the proclamation.

No public comments.

Mayor Aguirre recognized Josie Hamada, Celia Aranda, and Rose Rugama and invited them to take a photo with the City Council.

11.b CONSIDERATION OF PROCLAMATION HONORING NATIONAL PREPAREDNESS MONTH. (0410-30)
Councilmember Seabury left the Council Chambers at 6:52 p.m.

Motion by Councilmember Fisher
Seconded by Councilmember McKay
To approve the proclamation.

AYES (4): Mayor Aguirre, Mayor Pro Tem Leyba-Gonzalez, Councilmember McKay, and Councilmember Fisher
ABSENT (1): Councilmember Seabury
Carried (4 to 0)
Councilmember Fisher read the proclamation.

Councilmember Seabury returned to the Council Chambers at 6:54 p.m.

No public comments.

Mayor Aguirre invited City staff to take a picture with the City Council.

11.c RECOGNITION OF SAN DIEGO REGIONAL FIRE FOUNDATION FOR HURST EDRAULIC EXTRICATION TOOLS GRANT. (0390-84)
Item 11.c moved to a future agenda. City Council action was taken under Item 9.

11.d CONSIDERATION OF PROCLAMATION HONORING JOANN GITMED RETIREMENT. (0410-30)
Motion by Councilmember Seabury
Seconded by Mayor Aguirre
To approve the proclamation.

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

ATTACHMENT 1
6 The City Council thanked Finance Director Gitmed for all her hard work and dedication.

CAO Cortez-Martinez thanked Director Gitmed for accepting the position and leaving the City in a better position.

City Manager Foltz thanked Director Gitmed for doing an amazing job.

Director Gitmed bid farewell to City Council and staff.

11.e PRESENTATION FROM PUBLIC WORKS RELATED TO SEWER DIVISION OVERVIEW. (0830-90)
The following members of the Sewer Division gave a PowerPoint presentation on the item and responded to general questions of City Council.

Sewer Supervisor Martinez, Maintenance Worker I Daum, Maintenance Worker II Honorato, and Maintenance Worker I Arms.

No public comments.

City Manager Foltz highlighted the dedication of this team.

Mayor Aguirre commented that this is a wonderful team that is innovative and gave an amazing presentation.

12. CONSENT CALENDAR
No public comments.

Motion by Councilmember Fisher
Seconded by Councilmember McKay
To approve Consent Calendar Item Nos. 12.a. through 12.d.

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

12.a RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM AUGUST 5, 2023, TO AUGUST 25, 2023. (0300-25)
City Council ratified and filed the Warrant Register Report.

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

ATTACHMENT 1
7 12.c CONSIDERATION OF RESOLUTION NO. 2023-74 AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AGREEMENT BETWEEN THE CITY OF IMPERIAL BEACH AND THE PORT OF SAN DIEGO TO LEASE DUNES PARK. (0920-10 & 0150-70)
City Council approved Resolution No. 2023-74 authorizing the City Manager or designee to execute an agreement with the Port of San Diego to lease Dunes Park from the City of Imperial Beach.

12.d RESOLUTION NO. 2023-73 AWARDING A PUBLIC WORKS CONTRACT TO RGC GENERAL ENGINEERING, INC. TO CONSTRUCT THE VETERANS PARK SENIOR CENTER ENTRANCE PROJECT (SP22101-SR). (0930-20)
Adopted Resolution No. 2023-73 to award a construction contract to RGC General Engineering, Inc. for an amount not-to-exceed $162,812 for the Veterans Park Senior Center Entrance Project (SP22101-SR).

13. ORDINANCES/INTRODUCTION & FIRST READING
None.

14. PUBLIC HEARINGS
None.

15. REPORTS

15.a PRESENTATION ON THE MYIMPERIALBEACH APP AND TYLER ENTERPRISE SERVICE REQUESTS (ESR). (0160-84)
GIS Manager Mercer gave a PowerPoint presentation, he responded to questions of City Council, and there was a suggestion to place the phone number of the City of Chula Vista Animal Control Dept. on the app.

No public comments.

15.b CONSIDERATION OF RESOLUTION NO. 2023-75 AUTHORIZING THE CITY MANAGER TO

ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH THE CENTRE FOR ORGANIZATION EFFECTIVENESS AND APPROPRIATION OF FUNDS. (0500-90) CAO Cortez-Martinez gave a PowerPoint presentation.

No public comments.

Motion by Councilmember Seabury
Seconded by Mayor Aguirre
Approved Resolution No. 2023-75.

ATTACHMENT 1
8 AYES (5): Mayor Aguirre, Mayor Pro Tem Leyba-Gonzalez, Councilmember McKay, Councilmember Seabury, and Councilmember Fisher
Carried (5 to 0)

15.c RESOLUTION NO. 2023-72 AWARDING A PUBLIC WORKS CONTRACT TO WESTERN RIM CONSTRUCTORS, INC. TO CONSTRUCT THE VETERANS PARK MULTI-USE FIELD IMPROVEMENTS PROJECT (P22102). (0920-70)
Public Works Director Larios gave a PowerPoint presentation.

Director Larios and City Manager Foltz responded to questions of City Council regarding how long the construction will take, funding for the project including ARPA funds and grants, monitoring/maintenance/operation of the field, lighting and securing the field after hours.

City Council spoke in favor of requiring permits and charging fees for use of the field and they preferred the fence color to be green rather than black. There was a suggestion for planting lowshedding, native, nontoxic, and aesthetically pleasing trees and plants.

No public comments.

Motion by Councilmember McKay
Seconded by Mayor Pro Tem Leyba-Gonzalez
Adopted Resolution No. 2023-72.

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

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

17. ITEMS PULLED FROM THE CONSENT CALENDAR
None.

ATTACHMENT 1
9 18. CITY COUNCIL FUTURE AGENDA REQUESTS
Councilmember McKay: Suggested the creation of a Community Emergency Response Team.

Councilmember Seabury: Complained about the smell around the City and requested an air quality report. She questioned if the Park Rangers will be able to give citations.

Mayor Aguirre suggested that Dr. Kim Prather be invited to come back and give an update report at a future City Council meeting.

Councilmember Fisher Requested a City Council review and discussion of the Palm Avenue Master Plan. Mayor Aguirre seconded the request.

19. ADJOURN SPECIAL MEETING
Mayor Aguirre adjourned the Special Meeting at 8:30 p.m.

Jacqueline M. Kelly, MMC
City Clerk
Paloma Aguirre
Mayor

Attachment 2
1 CITY OF IMPERIAL BEACH

CITY COUNCIL

CLOSED SESSION AND REGULAR MEETING MINUTES
October 4, 2023, 6:00 p.m.

Council Chambers
825 Imperial Beach Boulevard
Imperial Beach, CA 91932

Present: Mayor Aguirre, Mayor Pro Tem Leyba-Gonzalez, Councilmember Seabury, Councilmember Fisher

Absent: Councilmember McKay
Staff City Manager Foltz, Chief Administrative Officer Cortez-Martinez, City Attorney Lyon, City Clerk Kelly, Fire Chief French, Public Works Director Larios, Parks and Recreation Director Bullock, Assistant Public Works Director Minicilli, City Planner/Management Associate Ayala
The City Council also sits as the Imperial Beach Planning Commission, Public Financing Authority, and Imperial Beach Redevelopment Agency Successor Agency. _____________________________________________________________________

1. CALL CLOSED SESSION TO ORDER
Mayor Aguirre called the Closed Session meeting to order at 6:00 p.m.

2. ROLL CALL
All Councilmembers except Councilmember McKay were present.

3. CLOSED SESSION
City Attorney Lyon reported out of Closed Session that direction was given and no reportable action was taken.

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

5. CALL REGULAR MEETING TO ORDER
Mayor Aguirre called the Regular Meeting to order at 6:01 p.m.

Attachment 2
2 6. ROLL CALL
City Clerk Kelly took roll.

7. PLEDGE OF ALLEGIANCE
Girl Scout Troops 5267 and 6507 led the Pledge of Allegiance.

8. REIMBURSEMENT DISCLOSURES/REPORTS ON ASSIGNMENTS AND

COMMITTEES
Councilmembers reported out on the following:

Councilmember Fisher
 SANDAG Board Meeting
 San Diego Air Cooled Event
 Announced the SANDAG Board will consider replacement of former SANDAG CEO Ikhrata at their October 13th Meeting in a transparent process.

Councilmember Seabury
 A military reception honoring Imperial Beach and hosted by Captain McKissick  Mayor of Chula Vista McCann's State of the City Address  IB Chamber of Commerce Meeting
 Announced the upcoming Taste of IB and "Zombie Crawl" on October 26  South County Economic Development Council Meeting
 Port of San Diego groundbreaking of Sweetwater Park
Mayor Pro Tem Leyba-Gonzalez
 SANDAG Board Meeting
 San Diego County Supervisor and SANDAG Chairwoman Nora Vargas' Clean Air Day Roundtable Table discussion at the Estuary
Mayor Aguirre
 Good Neighbor Environmental Board (appointed by Governor Newsom)  A military reception honoring Imperial Beach and hosted by Captain McKissick  Coastal Clean-Up Day
 Mayor of Chula Vista McCann's State of the City Address

Attachment 2
3  A meeting with Assembly Speaker Rivas, Mayor Bailey, Councilmember Duncan, Assemblymember Alvarez, and Congressman Scott Peters to discuss the sewage crisis impacting Imperial Beach
 San Diego Community Power Board of Directors Meeting
 She encouraged everyone to attend the California Coastal Commission meeting at Pier South Hotel and noted that on October 11 the meeting will be dedicated to the Sewage Crisis
 A moment of silence was observed for late Senator Feinstein

9. COMMUNICATIONS FROM CITY STAFF
Parks and Recreation Director Bullock announced the Symphony by the Sea Event will be held on October 7 at 6:30 p.m. She also announced lap swim will begin at the Mar Vista High School pool on or around October 19 and she provided hours of operation.

Fire Chief French announced the Fire Department Open House will be held on October 14 from 11:00 a.m. to 3:00 p.m.

City Manager Foltz recommended the following:
- Move Item No. 14.a. for consideration after the Consent Calendar and to - Remove Item Nos. 15.a. and 15.b. to a future City Council meeting agenda.

Motion by Mayor Aguirre
Seconded by Councilmember Fisher
To move Item 14.a. for consideration after the Consent Calendar and remove Item Nos.

15.a. and 15.b. from the agenda for consideration on a future City Council meeting agenda.

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

10. PUBLIC COMMENT
Josie Hamada questioned the MTS timeline for a cover structure and bench on 13th Street. She expressed concern about the double rapid buses navigating turns from opposite directions on IB Blvd. and Seacoast Drive. Staff from MTS called her to find out how to get bus stop information to the community. She questioned if the City has a drone ordinance because she noticed drones flying at night along IB Blvd. and Fern Ave. She thanked Public Works for synchronizing the lights on 13th St. and IB Blvd.

Erika Lowery expressed concern about residents on the east side of the City leaving trashcans out to save parking spots, she asked for more trash cans on the east side of

Attachment 2
4 the City and she requested installation of dog waste stations where there are signs to pick up after dogs.

Viviane Marquez spoke on water contamination after Hurricane Hilary and expressed concern about residents who got sick from the water.

Valarie Acevez announced the upcoming Taste of IB and "Zombie Crawl" will be held on October 26. She also announced the Chamber of Commerce has questions and suggestions about the water contamination event and asked to meet with the City.

Edward Brakmanis requested the establishment of a bird and butterfly garden in the City of Imperial Beach for the benefit of the youth.

Leon Benham, with the Citizens for Coastal Conservancy, said that they are against the United States-Mexico-Canada Agreement (USMCA).

Laura Wilkinson Sinton, with stopthesewage.org, said that the Coronado High School has a Stop the Sewage Club and hopes to have one soon at Mar Vista High School. She suggested that the medical professionals from throughout the Southbay contact the Center for Disease Control (CDC) in Atlanta, Georgia about the illnesses. The CDC will document reported illness and if a doctor in Mexico also makes contact, the situation could get escalated to the World Health Organization.

Martin Mattes, speaking after the Presentations, announced the upcoming Taste of IB and Zombie Walk events. He recognized the City for their team efforts during the boil water advisory situation, he reported on his attendance at a SCEDC meeting and said there are so many positive events in the City.

11. PRESENTATIONS

11.a CONSIDERATION OF PROCLAMATION HONORING THE IMPERIAL BEACH WOMEN’S CLUB 90TH YEAR OF SERVICE. (0410-30)
Motion by Councilmember Fisher
Seconded by Councilmember Seabury
To approve the Proclamation.

AYES (4): Mayor Aguirre, Mayor Pro Tem Leyba-Gonzalez, Councilmember Seabury, and Councilmember Fisher
ABSENT (1): Councilmember McKay
Motion Carried (4 to 0)
No public comments.

Mayor Aguirre read the Proclamation.

Attachment 2
5 11.b CONSIDERATION OF PROCLAMATIONS HONORING THE 25TH ANNIVERSARY OF KLNV QUE BUENA 106.5 FM & MERY LOPEZ-GALLO. (0410-30)
Motion by Councilmember Seabury
Seconded by Councilmember Fisher
To approve the Proclamations.

AYES (4): Mayor Aguirre, Mayor Pro Tem Leyba-Gonzalez, Councilmember Seabury, and Councilmember Fisher
ABSENT (1): Councilmember McKay
Motion Carried (4 to 0)
No public comments.

Mayor Aguirre read the proclamation for the radio station.

12. CONSENT CALENDAR
No Public Comments.

Motion by Mayor Pro Tem Leyba-Gonzalez
Seconded by Councilmember Fisher
To approve Consent Calendar Item Nos. 12.a. through 12.e.

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

12.a RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM AUGUST 26, 2023, TO SEPTEMBER 22, 2023. (0300-25)
The City Council ratified and filed the Warrant Register Report.

12.b RECEIVE TREASURER’S REPORT FOR AUGUST 2023. (0300-90) The City Council received and filed the August 2023 Treasurer's Report.

12.c RESOLUTION 2023-77 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. 2023-77 to maintain a state of local emergency related to the cross-border pollution impacts from the Tijuana River and authorize the City

Attachment 2
6 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 CONSIDERATION OF RESOLUTION 2023-83 TO AUTHORIZE AMENDMENTS TO THE FY24 GENERAL FUND BUDGET. (0330-30)
Adopted Resolution No. 2023-83, authorizing amendments to the FY24 Budget

12.e FINAL MAP (TM 200049) FOR ONE NEW MIXED-USE COMMERCIAL

BUILDING (COMMERCIAL SPACE ON THE GROUND FLOOR WITH TWO NEW RESIDENTIAL UNITS ABOVE) AND TWO NEW DETACHED DUPLEXES AT 801 SEACOAST DRIVE (APN 625-272-01-00) MF 1380. (0600-20)
The City Council approved the Final Map for recordation.

14. PUBLIC HEARINGS

14.a PUBLIC HEARING TO CONSIDER: ADOPTING NEW USER FEES; ADOPTING A RESTATED MASTER FEE SCHEDULE; AND INTRODUCING AN ORDINANCE AMENDING TITLES 4, 10, 16, AND 18 OF THE IMPERIAL BEACH MUNICIPAL CODE RELATED TO VARIOUS CITY FEES. (0390-55 & 0390-95)
Mayor Aguirre declared the Public Hearing open and announced the following documents were submitted as Last Minute Agenda Information:
 REVISED EXHIBIT A – Proposed Master Fee Schedule
 REVISED ATT 1 Resolution No 2023-78
 REVISED EXHIBIT A – Master Fee Schedule FINAL
 REVISED EXHIBIT B – Recreation Fees Classifications
CAO Cortez-Martinez provided a background on the item.

Lauren Guido, Senior Consultant with NBS, gave a review of the project and scope, explained the authority for fees, and provided details on how they approached the project.

No public comments.

Councilmember Fisher thanked the staff for their efforts. He noted that the fees will help keep the community safe and he was hopeful that City Council can develop a policy in the future for waiving event fees for local non-profit organizations that contribute/benefit the community.

Councilmember Seabury commented that she likes that there are resident fees and non-resident fees.

Attachment 2
7 Mayor Aguirre thanked the staff and consultants for their efforts. She agreed that they are reasonable, and this is the direction to take to be fiscally responsible.

Mayor Aguirre declared the Public Hearing closed.

Motion by Councilmember Seabury
Seconded by Mayor Pro Tem Leyba-Gonzalez
To adopt Resolution No. 2023-78.

AYES (4): Mayor Aguirre, Mayor Pro Tem Leyba-Gonzalez, Councilmember Seabury, and Councilmember Fisher
ABSENT (1): Councilmember McKay
Motion Carried (4 to 0)
City Clerk Kelly read the title of Ordinance No. 2023-1235 "AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING TITLES 4, 10, 16, AND 18 OF THE IMPERIAL BEACH MUNICIPAL CODE RELATED TO VARIOUS CITY FEES."
Motion by Councilmember Seabury
Seconded by Councilmember Fisher
To introduce Ordinance No. 2023-1235 by title only, waiving further reading, and set for adoption at the next regular Council meeting.

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

13. ORDINANCES/INTRODUCTION & FIRST READING

13.a INTRODUCTION OF ORDINANCE NO. 2023-1237 AMENDING TITLE 12.08 OF

THE IMPERIAL BEACH MUNICIPAL CODE RELATING TO STREETS,
SIDEWALKS AND PUBLIC PLACES. (0460-10)
Mayor Aguirre announced a strike-through version of Ordinance No. 2023-1237 was submitted as Last Minute Agenda Information.

Assistant Public Works Director Minicilli gave a PowerPoint presentation on the item and responded to questions of Councilmember Fisher regarding when requirements for sidewalks and alleys would be triggered.

No Public Comments.

Attachment 2
8 City Clerk Kelly read the title of Ordinance No. 2023-1237, AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING CHAPTER 12.08 OF THE MUNICIPAL CODE OF THE CITY OF

IMPERIAL BEACH RELATING TO STREETS, SIDEWALKS AND PUBLIC PLACES."
Motion by Councilmember Fisher
Seconded by Mayor Aguirre
To introduce Ordinance No. 2023-1237, amending the Municipal Code, by title only, waive further reading of the ordinance, and set the matter for adoption at the next regularly scheduled City Council meeting.

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

13.b INTRODUCTION OF ORDINANCE NO. 2023-1236 AMENDING TITLE 8.36.160

OF THE IMPERIAL BEACH MUNICIPAL CODE RELATING TO HEALTH AND SAFETY. (0460-10)
Mayor Aguirre announced a strike-through version of Ordinance No. 2023-1236 was submitted as Last Minute Agenda Information.

Assistant Public Works Director Minicilli gave a PowerPoint presentation on the item.

No Public Comments.

City Clerk Kelly read the title of Ordinance No. 2023-1236 "AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING CHAPTER 8.36.160 TO THE MUNICIPAL CODE OF THE CITY OF IMPERIAL BEACH RELATING TO HEALTH AND SAFETY."
Motion by Councilmember Seabury
Seconded by Councilmember Fisher
To introduce Ordinance No. 2023-1236, amending the Municipal Code by title only, waive further reading of the ordinance and set the matter for adoption at the next regularly scheduled City Council meeting.

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

Attachment 2
9 14. PUBLIC HEARINGS

14.b HEARING TO CONDUCT A REVIEW OF DEVELOPMENT AGREEMENT (DA 2021-01) BETWEEN THE CITY OF IMPERIAL BEACH AND MARCH AND ASH IMPERIAL BEACH INC., DBA MARCH AND ASH. (0600-20 & 0600-95) Councilmember Fisher recused himself from participating on this item due to a potential conflict of interest because of the proximity to his residence. He left the Council Chambers at 7:31 p.m.

Mayor Aguirre declared the Public Hearing open.

Management Associate/City Planner Ayala gave a PowerPoint presentation on the item.

No Public Comments.

Spencer Andrews, Public Affairs Director for March and Ash, extended gratitude for the City's support, they appreciate the opportunity to continue operating, and was available to answer any questions.

Mayor Aguirre declared the Public Hearing closed.

Motion by Councilmember Seabury
Seconded by Mayor Pro Tem Leyba-Gonzalez
To adopt Resolution 2023-79.

AYES (3): Mayor Aguirre, Mayor Pro Tem Leyba-Gonzalez, and Councilmember Seabury
CONFLICT (1): Councilmember Fisher
ABSENT (1): Councilmember McKay
Motion Carried (3 to 0)
Councilmember Fisher returned to the Chambers at 7:38 p.m.

15. REPORTS

15.a CONSIDERATION OF THE REVIEW PROCESS OF IMPERIAL BEACH MUNICIPAL CODE CHAPTER 4.60 “CANNABIS FACILITIES” TO CONSIDER ANY CHANGES TO THE CITY’S CANNABIS REGULATIONS MF 1550. (0610- 95)
Item removed from the agenda for consideration on a future City Council meeting agenda by prior City Council action.

Attachment 2
10 15.b RESOLUTION 2023-80 TO ACCEPT AND APPROPRIATE $150,000 IN STATE

ACTIVE TRANSPORTATION GRANT PROJECT APPROVAL &

ENVIRONMENTAL DOCUMENT FUNDS FOR THE PALM AVENUE
COMPLETE MULTIMODAL CORRIDOR PROJECT (S22109). (0390-86) Item removed from the agenda for consideration on a future City Council meeting agenda by prior City Council action.

15.c RESOLUTION NO. 2023-81 AWARDING A PUBLIC WORKS CONTRACT TO

PAR WESTERN LINE CONTRACTORS, LLC TO CONSTRUCT THE FIBER OPTIC IMPROVEMENTS – PHASE 2 PROJECT (S20112) AND
APPROPRIATING ADDITIONAL FUNDS TO THE PROJECT BUDGET. (0810- 15)
Public Works Director Larios gave a PowerPoint presentation on the item.

No Public Comments.

In response to Mayo Pro Tem Leyba-Gonzalez's question about management of lights along Palm Ave., Director Larios stated that staff provided the City of San Diego with timing sheets and hopefully they will sync-up with the Imperial Beach lights.

Councilmember Seabury complained about the wait time at the intersection of Palm Ave. and 7th Street (by the donut shop).

In response to Councilmember Fisher's question about the CCTV cameras, Director Larios stated that the cameras are only live streamed and that it will not be recorded. Regarding funding questions, he stated that the project is mostly funded by RTCIP funds, along with commercial paper Transnet funds from SANDAG.

Mayor Aguirre thanked the community for their patience when the streets were under construction in the past.

Motion by Councilmember Fisher
Seconded by Mayor Pro Tem Leyba-Gonzalez
Adopt Resolution No. 2023-81.

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

Attachment 2
11 15.d RESO. NO. 2023-82 ADDING FY24 COMMUNITY ROOM IMPROVEMENT PROJECT TO IMPERIAL BEACH CAPITAL IMPROVEMENT PROGRAM;
APPROPRIATING $400,300 TO PROJECT BUDGET; AND AWARDING
CONTRACT TO GQ BUILDERS, INC. FOR CONSTRUCTION OF THE
PROJECT (F24101). (0330-35)
Assistant Public Works Director Minicilli gave a PowerPoint presentation on the item and responded to questions of City Council about remediation and the project start date.

No Public Comments.

Mayor Aguirre commented that there had been carpet issues and air quality issues.

She stressed that safety conditions are important for staff, community, and City Council and she supported the item.

Motion by Councilmember Seabury
Seconded by Councilmember Fisher
Adopt Resolution No. 2023-82.

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

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

17. ITEMS PULLED FROM THE CONSENT CALENDAR
None.

18. CITY COUNCIL FUTURE AGENDA REQUESTS
None.

19. ADJOURN REGULAR MEETING
Mayor Aguirre adjourned the Regular Meeting at 8:00 pm
Jacqueline M. Kelly, MMC
City Clerk
Paloma Aguirre
Mayor

October 18, 2023
ITEM TITLE: RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM SEPTEMBER 23, 2023, TO OCTOBER 6, 2023. (0300-25)
ORIGINATING DEPARTMENT: Finance
EXECUTIVE SUMMARY:

Staff is recommending that the City Council ratify the accompanying Warrant Register for the period from September 23, 2023, to October 6, 2023, in the amount of $1,840,949.14.

RECOMMENDATION:

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

OPTIONS:
 Receive and file the report from the City Manager
 Provide direction to the City Manager to take a specific action.  Request additional information and an additional report.

BACKGROUND/ANALYSIS:

The City of Imperial Beach issues accounts payable and payroll disbursements on a regular basis and presents it to the City Council for ratification at its next regular scheduled meeting. The attached Warrant Register containing checks and electronic funds transfers for the period from September 23, 2023, to October 6, 2023, in the amount of $1,840,949.14, 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

THE GARLAND
COMPANY, INC.

CK101732 170 PALM ROOFING $ 108,910.10

PUBLIC RESTROOM

COMPANY
CK101758 SEP 2023 SRVCS - SPORTS

PARK RESTROOM
$ 142,027.00

SAN DIEGO COUNTY

SHERIFF
CK101759 AUG 2023 SHERIFF SVCS $ 702,330.36

The following registers are submitted for Council ratification:

Accounts Payable:

DATE CHECK NUMBER AMOUNT(S)
9/28/2023 CK101706-CK101735 $ 214,328.19
10/5/2023 CK101736-CK101772 1,199,967.15
Sub-Total $ 1,414,295.34

DATE EFT/DRAFT NUMBER AMOUNT(S)
9/26/2023 DFT0007136-37 631.61
9/29/2023 EFT1629-33; DFT0007138; DFT0007169-72,
DFT0007174
114,574.56
10/4/23 DFT0007147-65 69,216.56
Sub-Total $ 184,422.73
Total reflected in the attached Expense Approval Report: $ 1,598,718.07 Payroll Checks/Direct Deposits

DATE CHECK/EFT NUMBER AMOUNT(S)
9/28/2023 CK48984-CK48992; EFT0000160 $ 242,011.07
9/29/2023 DFT0007180 220.00
Sub-Total $ 242,231.07
TOTAL: $ 1,840,949.14
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 – 9.23.2023-10.6.2023

10/9/2023 1:20:33 PM Page 1 of 9
Expense Approval Report
Imperial Beach, CA By (None)
Payment Dates 9/23/2023 - 10/6/2023
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 09/29/2023 1629 FORESTERS INVESTOR SERVI… FORESTERS 529 PLAN PPE 09… PPE 09-21-2023 101-0000-209.0122 50.00 09/29/2023 1630 I B FIREFIGHTERS ASSOCIATI… IBFA DUES ACH PPE 09/21/23 PPE 09-21-2023 101-0000-209.0108 480.00 09/29/2023 1631 ICMA RETIREMENT TRUST 457 ICMA % PPE 09/21/23 PPE 09-21-2023 101-0000-209.0110 4,801.62 09/29/2023 1631 ICMA RETIREMENT TRUST 457 ICMA CITY-PAID PPE 09/21/23 PPE 09-21-2023 (2) 101-0000-209.0110 1,410.78 09/29/2023 1631 ICMA RETIREMENT TRUST 457 ICMA FIXED PPE 09/21/23 PPE 09-21-2023 (3) 101-0000-209.0110 7,836.85 09/29/2023 1632 SEIU LOCAL 221 SEIU COPE ACH PPE 09/21/23 PPE 09-21-2023 101-0000-209.0108 15.00 09/29/2023 1632 SEIU LOCAL 221 SEIU DUES ACH PPE 09/21/23 PPE 09-21-2023 (2) 101-0000-209.0108 971.24 09/29/2023 1633 US BANK PARS ACH PPE 09/21/23 PPE 09-21-2023 101-0000-209.0120 2,268.28 09/28/2023 101706 AGRICULTURAL PEST CONTR… 09/21/2023 BIRD CONTROL 712007 101-6040-454.2022 240039 500.00 09/28/2023 101707 ASUME ADMINISTRATOR ORDER D AL2004-1730 CASE …09-14-2023 101-0000-209.0107 64.80 09/28/2023 101708 AT&T 9391033954 08/15/23-09/14…20540112 503-1923-419.2704 45.61 09/28/2023 101708 AT&T 9391033960 08/15/23-09/14…20540115 503-1923-419.2704 260.01 09/28/2023 101708 AT&T 9391033952 08/15/23-09/14…20540116 503-1923-419.2704 27.10 09/28/2023 101708 AT&T 9391033958 08/15/23-09/14…20540120 503-1923-419.2704 29.01 09/28/2023 101708 AT&T 9391053500 08/15/23-09/14…20540310 503-1923-419.2704 1.65 09/28/2023 101708 AT&T 9391053672 08/15/23-09/14…20540322 503-1923-419.2704 36.67 09/28/2023 101708 AT&T 9391033944 08/20/23-09/19…20561824 503-1923-419.2704 34.33 09/28/2023 101709 CALIFORNIA AMERICAN WAT…08/17/23-09/18/23 - 1001 IR…1015-210019176333 09/20/… 101-1910-419.2702 19.42 09/28/2023 101709 CALIFORNIA AMERICAN WAT…08/16/23-09/14/23 - 840 IM… 1015-210019335248 09/18/… 101-6020-452.2702 1,580.39 09/28/2023 101709 CALIFORNIA AMERICAN WAT…08/16/23-09/14/23 - 820 IM… 1015-210019335347 09/18/… 101-1910-419.2702 520.45 09/28/2023 101709 CALIFORNIA AMERICAN WAT…08/16/23-09/14/23 - 825 IM… 1015-210019335484 09/18/… 101-1910-419.2702 229.84 09/28/2023 101709 CALIFORNIA AMERICAN WAT…08/16/23-09/14/23 - 855 IM… 1015-210019335682 09/18/… 101-6020-452.2702 55.57 09/28/2023 101709 CALIFORNIA AMERICAN WAT…08/16/23-09/14/23 - 865 IM… 1015-210019335774 09/18/… 101-1910-419.2702 363.51 09/28/2023 101709 CALIFORNIA AMERICAN WAT…08/16/23-09/14/23 - 915 IB … 1015-210019335835 09/18/… 101-6020-452.2702 56.44 09/28/2023 101709 CALIFORNIA AMERICAN WAT…08/16/23-09/14/23 - 1025 9… 1015-210019401916 09/18/… 101-6020-452.2702 19.42 09/28/2023 101709 CALIFORNIA AMERICAN WAT…08/17/23-09/18/23 - 942 D… 1015-210019746893 09/20/… 101-6020-452.2702 19.42 09/28/2023 101709 CALIFORNIA AMERICAN WAT…08/16/23-09/14/23 - 711 EN… 1015-210020277854 09/18/… 101-6020-452.2702 46.10 09/28/2023 101709 CALIFORNIA AMERICAN WAT…08/16/23-09/14/23 - 845 EN… 1015-210021082448 09/18/… 101-6020-452.2702 334.33 09/28/2023 101710 CINTAS CORPORATION 09/19/23 FACILITIES MATS 4168185736 101-1910-419.2006 240042 32.94 09/28/2023 101710 CINTAS CORPORATION 09/19/23 PW UNIFORMS 4168185915 101-5020-432.2503 240017 279.15 09/28/2023 101711 CITY OF CORONADO SWIM PASSES FOR TRAINING …56319960 101-3030-423.2006 960.00 09/28/2023 101712 COLE OFFICE PRODUCTS INC PAPER, 20#, LTR 371403-00 101-1910-419.3002 240097 968.67 09/28/2023 101712 COLE OFFICE PRODUCTS INC PAPER 24#, LTR 371403-00 101-1910-419.3002 240097 1,625.95 09/28/2023 101713 COMPASS ROSE GIS 05/22&29/23,06/12/23,07/1… 1400 101-6010-451.2104 1,590.00 09/28/2023 101714 COUNTY OF SAN DIEGO FY23-24 HIRT MEMBERSHIP … HIRT-2024-009 101-3020-422.2006 27,540.00 09/28/2023 101715 COUNTY OF SAN DIEGO MPR EXTRACT & CHARACTER…07-10-2023 503-1923-419.2104 125.00 09/28/2023 101716 COUNTY OF SAN DIEGO MPR EXTRACT & CHARACTER…09-06-2023 503-1923-419.2104 125.00 09/28/2023 101717 COUNTY OF SAN DIEGO MPR EXTRACT & CHARACTER…08-07-2023 503-1923-419.2104 125.00 ATTACHMENT 1

Expense Approval Report Payment Dates: 9/23/2023 - 10/6/2023 10/9/2023 1:20:33 PM Page 2 of 9
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 09/28/2023 101718 ECKENROTH PUBLICATIONS 08/03/23 - PUBLIC HEARING … 142520 101-0000-221.0102 195.00 09/28/2023 101718 ECKENROTH PUBLICATIONS 08/03/23 - AD - FINANCE UN… 142520 101-1020-411.2807 240062 310.00 09/28/2023 101718 ECKENROTH PUBLICATIONS 08/03/23 - AD - CONCERT IN …142520 101-6014-451.2807 166.00 09/28/2023 101718 ECKENROTH PUBLICATIONS 08/03/23 - AD - FIBER OPTIC … 142520 202-5016-531.2006 120.00 09/28/2023 101718 ECKENROTH PUBLICATIONS 08/03/23 - AD - VETS PARK … 142520 214-5000-532.2006 110.00 09/28/2023 101719 FIRSTWATCH SOLUTIONS, IN… 12/01/23-11/30/24 FIRE CAL… FW110606 101-3020-422.2006 600.00 09/28/2023 101720 LIEBERT, CASSIDY, WHITMO…NOV 2021 - GENERAL SRVC 208724 101-1130-412.2006 302.50 09/28/2023 101720 LIEBERT, CASSIDY, WHITMO…MAY 2023 - GENERAL SRVCS 242995 101-1130-412.2006 4,569.50 09/28/2023 101720 LIEBERT, CASSIDY, WHITMO…JUL 2023 - GENERAL SRVCS 247416 101-1130-412.2006 4,887.10 09/28/2023 101721 MCDOUGAL LOVE BOEHMER… AUG 2023 - CODE ENFORCE… 106025 101-1220-413.2001 3,606.60 09/28/2023 101721 MCDOUGAL LOVE BOEHMER… AUG 2023 - SPECIAL PROJECT…106026 101-1220-413.2001 3,737.00 09/28/2023 101721 MCDOUGAL LOVE BOEHMER… AUG 2023 - MONTHLY RETAI… 106027 101-1220-413.2002 14,000.00 09/28/2023 101721 MCDOUGAL LOVE BOEHMER… AUG 2023 - PERSONEL (LWC… 106028 502-1922-419.2001 5,069.00 09/28/2023 101721 MCDOUGAL LOVE BOEHMER… AUG 2023 - MARIJUANA (LW… 106029 101-1220-413.2001 314.50 09/28/2023 101721 MCDOUGAL LOVE BOEHMER… AUG 2023 - LITIGATION (LW… 106030 502-1922-419.2001 906.50 09/28/2023 101721 MCDOUGAL LOVE BOEHMER… AUG 2023 - LITIGATION (LW… 106031 502-1922-419.2001 277.50 09/28/2023 101721 MCDOUGAL LOVE BOEHMER… AUG 2023 - LITIGATION (LW… 106034 502-1922-419.2001 1,294.22 09/28/2023 101721 MCDOUGAL LOVE BOEHMER… AUG 2023 - LITIGATION (LW… 106035 502-1922-419.2001 2.00 09/28/2023 101721 MCDOUGAL LOVE BOEHMER… AUG 2023 - LITIGATION (LW… 106037 502-1922-419.2001 92.50 09/28/2023 101722 NEXT DAY PRINTED TEES UNIFORMS LOGO (3) - ENVI… 89509 101-5050-435.3002 40.78 09/28/2023 101723 NV5 INC JUL 2023 - MF1305 1190121 … 348073 101-0000-221.0102 391.40 09/28/2023 101723 NV5 INC JUL 2023 - USE-22-0113 805 … 348076 101-0000-221.0102 243.08 09/28/2023 101723 NV5 INC JUL 2023 - 236 PALM DOC R… 348081 101-0000-221.0102 250.00 09/28/2023 101724 PERLITA SHOUSE, PETTY CA… 9/21/23 PETTY CASH-CHANG… R000018926 101-0000-371.8303 107.00 09/28/2023 101725 PLUMBERS DEPOT INC. MULTIQUIP, SEAL, O-RING (2)…PD-54192 601-5060-436.2801 182.24 09/28/2023 101726 PROTECTION ONE ALARM M… OCT 2023 - 10 PUMP STATIO… 152005890 601-5060-436.2023 240014 426.71 09/28/2023 101727 SAN DIEGO COUNTY SHERIFF JUL-DEC 2023 CAL-ID PROGR… 09-01-2023 101-3010-421.2006 2,585.00 09/28/2023 101728 SPARKLETTS 08/22/23, 09/05/23 WATER … 22581104 090723 101-5020-432.3002 240023 244.73 09/28/2023 101729 SPARKLETTS 07/25/23, 08/08/23 WATER … 22581104 081023 101-5020-432.3002 240023 265.72 09/28/2023 101730 STC TRAFFIC, INC. JUL 2023 - TRAFFIC SIGNAL S… 6372A 202-5016-531.2006 1,840.00 09/28/2023 101730 STC TRAFFIC, INC. JUL 2023 - ELM & 8TH TE SR… 6372A 401-5010-532.2006 335.00 09/28/2023 101730 STC TRAFFIC, INC. JUL 2023 - DONAX & 8TH TE … 6372A 401-5010-532.2006 335.00 09/28/2023 101730 STC TRAFFIC, INC. AUG 2023 - TE SRVCS GENER… 6397A 101-5010-431.2104 2,007.50 09/28/2023 101730 STC TRAFFIC, INC. AUG 2023 - TE SRVCS FIBER … 6397A 202-5016-531.2006 230159-R1 8,830.00 09/28/2023 101730 STC TRAFFIC, INC. AUG 2023 - TRAFFIC SIGNAL … 6397A 202-5016-531.2006 240.00 09/28/2023 101731 SUPERIOR READY MIX CONC… SAND FOR SANDBAGS - FD 372591 101-3020-422.2904 1,253.23 09/28/2023 101732 THE GARLAND COMPANY, IN… 170 PALM ROOFING MATERI… CI-GUS0217014 214-5000-532.2006 240020 32,659.34 09/28/2023 101732 THE GARLAND COMPANY, IN… STRESSPLY (140 RL) - 170 PA… CI-GUS0217105 214-5000-532.2006 240020 45,566.78 09/28/2023 101732 THE GARLAND COMPANY, IN… PYRAMIC PLUS (60) - 170 PA… CI-GUS0217247 214-5000-532.2006 240020 30,683.98 09/28/2023 101733 THE PRESTWICK GROUP MESSAGE BOARD - SENIOR C… INV20331 214-5000-532.2006 240035 2,957.47 09/28/2023 101734 TIDELINES, LLC. CALENDARS (12) - MS DEPT 5530 101-3030-423.3002 131.03 09/28/2023 101735 ZOLL MEDICAL CORPORATION 09/01/23-08/31/24 PRECISI… 90078838 101-3020-422.2104 4,576.50 10/05/2023 101736 ADVANCED IMAGING SOLUT… 08/20/23-09/19/23 - COPIER …34952466 101-1920-419.2017 2,752.97 10/05/2023 101737 ANGELINA TRUJILLO TRAVEL EXP - NATIONAL REC… 09-29-2023 101-6010-451.2804 295.50 ATTACHMENT 1

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Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 10/05/2023 101738 AVALON TENT & PARTY COR… TENT, STAGE - 10/7/23-10/8… 7058 101-6014-451.2808 240001 22,497.33 10/05/2023 101738 AVALON TENT & PARTY COR… TENT, STAGE - 10/7/23-10/8… 7058 101-6014-451.2808 260.01 10/05/2023 101739 AZTEC LANDSCAPING INC SEP 2023 SR75 MEDIAN/PA… L3478 101-5010-431.2801 240050 8,119.24 10/05/2023 101739 AZTEC LANDSCAPING INC SEP 2023 LANDSDCAPE/STO… L3479 101-5050-435.2801 240049 2,860.80 10/05/2023 101740 BOOT WORLD, INC. WORK BOOTS - G SASSO 80699 101-3040-424.3002 146.77 10/05/2023 101740 BOOT WORLD, INC. WORK BOOTS - S GUEVARA 80699 101-3070-427.3002 127.19 10/05/2023 101740 BOOT WORLD, INC. WORK BOOTS - M CORTEZ, C… 80699 101-5010-431.3002 521.24 10/05/2023 101740 BOOT WORLD, INC. WORK BOOTS - P MACIAS, A … 80699 101-5020-432.3002 346.27 10/05/2023 101740 BOOT WORLD, INC. WORK BOOTS - J MAYORGA 80699 101-6016-451.2503 175.00 10/05/2023 101740 BOOT WORLD, INC. WORK BOOTS - J COON,M D… 80699 101-6020-452.3002 663.11 10/05/2023 101740 BOOT WORLD, INC. WORK BOOTS - J PEREZ, A R… 80699 501-1921-419.3002 337.62 10/05/2023 101741 BRIOTIX HEALTH, LP CHAIR EVAL - F MARTIN SI-29344 502-1922-419.2904 250.00 10/05/2023 101742 CINTAS CORPORATION HALLWAY CLOSET - HR 5170685715 101-1130-412.2006 65.60 10/05/2023 101743 COX COMMUNICATIONS 09/22/23-10/21/23 495 10TH…232023 4601 503-1923-419.2104 241.45 10/05/2023 101744 CRYSTAL CELIS, PETTY CASH … PETTY CASH REIMB - WELLN… 09-26-2023 101-1130-412.2908 11.78 10/05/2023 101744 CRYSTAL CELIS, PETTY CASH … PETTY CASH REIMB - COIL BI… 09-26-2023 101-5020-432.2811 26.40 10/05/2023 101744 CRYSTAL CELIS, PETTY CASH … PETTY CASH REIMB - HALLO… 09-26-2023 101-5020-432.2902 91.50 10/05/2023 101744 CRYSTAL CELIS, PETTY CASH … PETTY CASH REIMB - NNO EV…09-26-2023 101-5020-432.3002 34.19 10/05/2023 101744 CRYSTAL CELIS, PETTY CASH … PETTY CASH REIMB - CPSI CL… 09-26-2023 101-6040-454.2804 20.00 10/05/2023 101744 CRYSTAL CELIS, PETTY CASH … PETTY CASH REIMB-TRISTATE…09-26-2023 601-5060-436.2804 64.41 10/05/2023 101745 EIAN MAURICE EMT RENEWAL 169354487 101-1130-412.2901 185.50 10/05/2023 101746 GFOA 06/01/23-05/31/24 MEMBE… 0264001 101-1210-413.2812 100.00 10/05/2023 101747 GHD INC. SRVCS THROUGH 08/26/23 - …380-0038713 214-1230-413.2006 10,572.00 10/05/2023 101748 JKL CLEANING SYSTEMS OF S… PRESSURE WASHER HEAT CO…JKL23-10640 501-1921-419.2801 2,058.63 10/05/2023 101749 JOANNA L. HUNTSBERGER SEP 2023 - IB WALKING - SEN…091423JH 101-6010-451.2107 150.00 10/05/2023 101750 KIMLEY-HORN AND ASSOCIA… AUG 2023 10TH ST STREETS… 25882728 202-5016-531.2006 230199-R1 5,374.10 10/05/2023 101750 KIMLEY-HORN AND ASSOCIA… AUG 2023 10TH ST STREETS… 25882728 214-5014-531.2006 230199-R1 9,768.48 10/05/2023 101751 LORENA ALLEN AUG 2023 - IB WALKING GR… 09122023LA 101-6010-451.2107 150.00 10/05/2023 101751 LORENA ALLEN SEP 2023 - IB WALKING GRO… 100223LA 101-6010-451.2107 200.00 10/05/2023 101752 MICHAEL BAKER INTERNATI… THROUGH SEP 3 2023 9TH ST…1191600 202-5016-531.2006 220259-R2 2,233.92 10/05/2023 101752 MICHAEL BAKER INTERNATI… THROUGH SEP 3 2023 9TH ST…1191600 214-5000-532.2006 220259-R2 44,598.80 10/05/2023 101753 ODP BUSINESS SOLUTIONS, L…BUS CARDS - N SMITH 330420093001 101-1130-412.2811 55.79 10/05/2023 101754 O'REILLY AUTO PARTS #3980 AC CONDENSER - TRUCK 605 3980-101886 501-1921-419.2816 147.73 10/05/2023 101754 O'REILLY AUTO PARTS #3980 MICRO-V BELT - TRUCK 605 3980-103193 501-1921-419.2816 27.62 10/05/2023 101754 O'REILLY AUTO PARTS #3980 OIL FILTER(2),GROMMET(2),… 3980-103910 501-1921-419.2816 59.29 10/05/2023 101754 O'REILLY AUTO PARTS #3980 OIL FILTER, WIPER BLADES (2)…3980-104061 501-1921-419.2816 56.81 10/05/2023 101754 O'REILLY AUTO PARTS #3980 TRAILER HARNESS (2) - TRUC… 3980-104075 501-1921-419.2816 86.98 10/05/2023 101754 O'REILLY AUTO PARTS #3980 BATTERY - TRUCK SQ-39 3980-104328 501-1921-419.2816 322.18 10/05/2023 101754 O'REILLY AUTO PARTS #3980 HEX NUT, 5PC BOLT EXT 3980-104488 501-1921-419.2816 46.31 10/05/2023 101754 O'REILLY AUTO PARTS #3980 PULLEY (2), BELT, RADIATOR … 3980-104633 501-1921-419.2816 80.89 10/05/2023 101754 O'REILLY AUTO PARTS #3980 AIR/OIL FILTERS - TRUCK 624 3980-104634 501-1921-419.2816 15.48 10/05/2023 101754 O'REILLY AUTO PARTS #3980 IGNITION LOCK, STOPLIGHT -… 3980-105202 501-1921-419.2816 68.07 10/05/2023 101754 O'REILLY AUTO PARTS #3980 BED LINER (2) - TRUCK 600 3980-105259 501-1921-419.2816 313.53 10/05/2023 101754 O'REILLY AUTO PARTS #3980 WHEEL PAINT - TRUCK 3980-105605 501-1921-419.2816 27.17 ATTACHMENT 1

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Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 10/05/2023 101755 PARS JUL 2023 ARS-PARS FEES (CA) 53830 101-1130-412.2006 240083 544.56 10/05/2023 101756 PLAYCORE GROUP, INC. & S… REPLACEMENT TABLES (5) - P…310032799 101-6040-454.2801 230302-R1 11,292.61 10/05/2023 101757 PRIME ACTUARIAL CONSULT… WORKERS COMP & GL ACTU… 30189 502-1922-419.2006 7,000.00 10/05/2023 101758 PUBLIC RESTROOM COMPANY SEP 2023 RESTROOM REPLA… 24593 420-6020-552.2006 230248-R1 142,027.00 10/05/2023 101759 SAN DIEGO COUNTY SHERIFF AUG 2023 SHERIFF SRVCS (T… 08-01-2023 101-0000-338.6003 -1,792.14 10/05/2023 101759 SAN DIEGO COUNTY SHERIFF AUG 2023 SHERIFF SRVCS - 1… 08-01-2023 101-3010-421.2006 -6,050.06 10/05/2023 101759 SAN DIEGO COUNTY SHERIFF AUG 2023 SHERIFF SRVCS (R… 08-01-2023 101-3010-421.2006 1,649.20 10/05/2023 101759 SAN DIEGO COUNTY SHERIFF AUG 2023 SHERIFF SRVCS (BP…08-01-2023 101-3010-421.2006 8,842.69 10/05/2023 101759 SAN DIEGO COUNTY SHERIFF AUG 2023 SHERIFF SRVCS 08-01-2023 101-3010-421.2006 683,563.77 10/05/2023 101759 SAN DIEGO COUNTY SHERIFF AUG 2023 SHERIFF SRVCS (C… 08-01-2023 212-3036-421.2006 16,116.90 10/05/2023 101760 SHANNON BULLOCK TRAVEL EXP - NATIONAL REC… 09-29-2023 101-6010-451.2804 295.50 10/05/2023 101761 SHARP REES-STEALY MEDICAL…AUG 2023 PRE-EMPLOYMENT…384220147 101-1130-412.2104 1,732.00 10/05/2023 101762 SIGNAL HILL AUTO ENTERPRI… CAN LINER (16CS),GLOVES(1… 045802 101-6040-454.3002 240043 1,166.56 10/05/2023 101763 SOUTHWESTERN COLLEGE AUG 2023 TEMP STAFFING -… 1 101-1210-413.2101 115.88 10/05/2023 101763 SOUTHWESTERN COLLEGE SEP 2023 TEMP STAFFING - M…2 101-1210-413.2101 434.53 10/05/2023 101764 SPECIAL EVENT AUDIO SERVI… PRODUCTION FEES-SYMPHO… 23-0169 FINAL 101-6014-451.2808 240093 20,325.44 10/05/2023 101765 THOMAS LINDLEY PARKING LOT RENTAL - SPO… 00012 101-6014-451.2808 250.00 10/05/2023 101765 THOMAS LINDLEY PARKING LOT RENTAL - SYM… 00012 101-6014-451.2808 250.00 10/05/2023 101766 TRUE NORTH COMPLIANCE S…AUG 2023 - BLDG OFFFICIAL … 23-08-01-028 101-3040-424.2006 15,660.00 10/05/2023 101766 TRUE NORTH COMPLIANCE S…AUG 2023 - PLAN REVIEW SR… 23-08-028 101-3040-424.2016 15,395.26 10/05/2023 101767 U.S. BANK CORPORATE PAY… AUG-SEP 2023 P-CARD CHAR… 09222023 101-1210-413.2102 41,141.52 10/05/2023 101768 VERIZON BUSINESS SERVICES AUG 2023 SV202863 - MS 72695763 503-1923-419.2704 119.53 10/05/2023 101768 VERIZON BUSINESS SERVICES AUG 2023 SV202864 - PW 72696803 503-1923-419.2704 181.14 10/05/2023 101768 VERIZON BUSINESS SERVICES AUG 2023 SV202862 - FD 72696898 503-1923-419.2704 113.59 10/05/2023 101768 VERIZON BUSINESS SERVICES AUG 2023 SV202848 - SENIO… 72699025 503-1923-419.2704 75.15 10/05/2023 101768 VERIZON BUSINESS SERVICES AUG 2023 SV202861 - CITY H…72699128 503-1923-419.2704 667.66 10/05/2023 101769 VERIZON WIRELESS 08/20/23-09/19/23 SIM CAR… 9944842236 101-3020-422.2705 111.14 10/05/2023 101770 VINYARD DOORS, INC. NEW ROLL-UP DOOR - DEMP… 107821 504-1924-519.5003 240030 28,105.00 10/05/2023 101771 WEST COAST ARBORISTS 07/25/23-07/27/23 ARBORIS…1-9209 101-6020-452.2104 240102 1,540.00 10/05/2023 101771 WEST COAST ARBORISTS 07/01/23-07/15/23 CITYWID… 202743 101-6020-452.2104 240102 92,220.35 10/05/2023 101772 ZUMAR INDUSTRIES INC. RETIREMENT STREET SIGN - J…44671 101-1110-412.2904 264.71 09/26/2023 DFT0007136 AFLAC AFLAC POST-TAX Sept 2023 E…303982 101-0000-209.0113 121.68 09/26/2023 DFT0007137 AFLAC AFLAC PRE-TAX Sept 2023 EFT 303982 (2) 101-0000-209.0113 509.93 09/29/2023 DFT0007138 CALIFORNIA STATE DISBURS… SDU CHILD SUPPORT PPE 09/…45608373 101-0000-209.0107 563.58 10/04/2023 DFT0007147 CALPERS LG L2 23011 EE PPE 09/21/23 100000017221022 EE 101-0000-209.0106 402.16 10/04/2023 DFT0007148 CALPERS LG L2 23011 ER PPE 09/21/23 100000017221022 ER 101-0000-209.0106 500.36 10/04/2023 DFT0007149 CALPERS MISC L2 23012 EE PPE 09/21… 100000017221062 EE 101-0000-209.0106 1,330.87 10/04/2023 DFT0007150 CALPERS MISC L2 23012 ER PPE 09/21… 100000017221082 ER 101-0000-209.0106 1,663.58 10/04/2023 DFT0007151 CALPERS FIRE PEPRA 25375 EE PPE 09… 100000017221095 EE 101-0000-209.0106 5,160.66 10/04/2023 DFT0007152 CALPERS FIRE PEPRA 25375 ER PPE 09… 100000017221095 ER 101-0000-209.0106 5,081.86 10/04/2023 DFT0007152 CALPERS FIRE PEPRA 25375 ER PPE 09… 100000017221095 ER 101-3020-422.1103 -0.01 10/04/2023 DFT0007153 CALPERS LG PEPRA 25376 EE PPE 09/2…100000017221137 EE 101-0000-209.0106 2,058.96 10/04/2023 DFT0007154 CALPERS LG PEPRA 25376 ER PPE 09/2…100000017221137 ER 101-0000-209.0106 2,027.50 10/04/2023 DFT0007155 CALPERS MISC PEPRA 26352 EE PPE 09…100000017221183 EE 101-0000-209.0106 10,492.84 ATTACHMENT 1

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Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 10/04/2023 DFT0007156 CALPERS MISC PEPRA 26352 ER PPE 0… 100000017221183 ER 101-0000-209.0106 10,398.13 10/04/2023 DFT0007157 CALPERS FIRE L1 4625 EE PPE 09/21/23 100000017220949 EE 101-0000-209.0106 4,300.80 10/04/2023 DFT0007158 CALPERS FIRE L1 4625 ER PPE 09/21/23 100000017220949 ER 101-0000-209.0106 5,540.88 10/04/2023 DFT0007159 CALPERS LG L1 4626 EE PPE 09/21/23 100000017220979 EE 101-0000-209.0106 1,072.62 10/04/2023 DFT0007160 CALPERS LG L1 4626 ER PPE 09/21/23 100000017220979 ER 101-0000-209.0106 1,340.78 10/04/2023 DFT0007161 CALPERS MISC L1 470 EE PPE 09/21/23 100000017220895 EE 101-0000-209.0106 7,747.38 10/04/2023 DFT0007162 CALPERS MISC L1 470 ER PPE 09/21/23 100000017220895 ER 101-0000-209.0106 9,433.16 10/04/2023 DFT0007163 CALPERS SCP ARSC POST-TAX PPE 09/… PPE 09-21-23 ARSCT 101-0000-209.0106 180.63 10/04/2023 DFT0007164 CALPERS SCP SPM PRE-TAX PPE 09/21… PPE 09-21-23 SPMTD 101-0000-209.0106 87.85 10/04/2023 DFT0007165 CALPERS PERS SCP SPM TAXED ppe 09… PPE 09-21-23 SPMT 101-0000-209.0106 395.55 09/29/2023 DFT0007169 STATE OF CALIFORNIA STATE TAX W/H PPE 09/21/23 7366293 101-0000-209.0105 12,818.44 09/29/2023 DFT0007169 STATE OF CALIFORNIA STATE TAX W/H PPE 09/21/2… 7366293 101-0000-209.0105 -3.11 09/29/2023 DFT0007170 STATE OF CALIFORNIA SDI W/H PPE 09/21/23 7366310 101-0000-209.0115 368.70 09/29/2023 DFT0007171 INTERNAL REVENUE SERVICE FED TAX W/H PPE 09/21/23 14774222 FED 101-0000-209.0102 33,976.62 09/29/2023 DFT0007172 INTERNAL REVENUE SERVICE MEDICARE W/H PPE 09/21/23 14774222 MED 101-0000-209.0104 10,751.42 09/29/2023 DFT0007172 INTERNAL REVENUE SERVICE MEDICARE W/H PPE 09/21/2…14774222 MED 101-0000-209.0104 12.76 09/29/2023 DFT0007174 INTERNAL REVENUE SERVICE SOCIAL SECURITY PPE 09/21/…14774222 SS 101-0000-209.0104 54.60 09/29/2023 DFT0007174 INTERNAL REVENUE SERVICE SOCIAL SECURITY PPE 09/21/…14774222 SS 101-0000-209.0104 226.26 09/29/2023 DFT0007174 INTERNAL REVENUE SERVICE SOCIAL SECURITY PPE 09/21/…14774222 SS 101-0000-209.0104 37,971.52 Grand Total: 1,598,718.07
ATTACHMENT 1

Expense Approval Report Payment Dates: 9/23/2023 - 10/6/2023 10/9/2023 1:20:33 PM Page 6 of 9
Report Summary
Fund Summary
Fund Payment Amount
101 - GENERAL FUND 1,194,823.01
202 - PROP "A" (TRANSNET) FUND 18,638.02
212 - SLESF (COPS) FUND 16,116.90
214 - MISCELLANEOUS GRANTS 176,916.85
401 - CAPITAL IMPROVEMENT FUND 670.00
420 - PARKS MAJOR MAINTENAN CIP 142,027.00
501 - VEHICLE REPLACEMENT/MAINT 3,648.31
502 - RISK MANAGEMENT FUND 14,891.72
503 - TECHNOLOGY/COMMUNICATIONS 2,207.90
504 - FACILITY MAINT/REPLACEMNT 28,105.00
601 - SEWER ENTERPRISE FUND 673.36
Grand Total: 1,598,718.07
Account Summary
Account Number Account Name Payment Amount
101-0000-209.0102 P/R FIT PAYABLE 33,976.62
101-0000-209.0104 P/R FICA PAYABLE 49,016.56
101-0000-209.0105 P/R STATE TAX LIABILITI… 12,815.33
101-0000-209.0106 P/R PERS RETIREMENT P… 69,216.57
101-0000-209.0107 P/R GARNISHMENT PAY… 628.38
101-0000-209.0108 P/R EMPLOYEE ASSOC D… 1,466.24
101-0000-209.0110 P/R DEFERRED COMP 14,049.25
101-0000-209.0113 P/R VOLUNTARY LIFE IN… 631.61
101-0000-209.0115 P/R STD-PART-TIME 368.70
101-0000-209.0120 PARS EMPLOYEE CONTR… 2,268.28
101-0000-209.0122 EDUCATIONAL SAVINGS … 50.00
101-0000-221.0102 DEVELOPER DEPOSITS 1,079.48
101-0000-338.6003 VEHICLE IMPOUND FEE -1,792.14
101-0000-371.8303 MISCELLANEOUS REVEN… 107.00
101-1020-411.2807 ADVERTISING 310.00
101-1110-412.2904 OTHER SERVICES & CHA… 264.71
101-1130-412.2006 PROFESSIONAL SERVICES 10,369.26
101-1130-412.2104 TECHNICAL SERVICES 1,732.00
101-1130-412.2811 PRINTING SERVICES 55.79
101-1130-412.2901 TRAINING & EDUCATION… 185.50
101-1130-412.2908 EMPLOYEE WELLNESS P… 11.78
101-1210-413.2101 TEMPORARY STAFFING 550.41
101-1210-413.2102 ADMINISTRATION CHAR… 41,141.52
101-1210-413.2812 MEMBERSHIP DUES 100.00
101-1220-413.2001 ATTORNEY SERVICES 7,658.10
ATTACHMENT 1

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Account Summary
Account Number Account Name Payment Amount
101-1220-413.2002 ATTORNEY SERVICES-OT… 14,000.00
101-1910-419.2006 PROFESSIONAL SERVICES 32.94
101-1910-419.2702 UTILITIES-WATER 1,133.22
101-1910-419.3002 OPERATING SUPPLIES 2,594.62
101-1920-419.2017 COPIER LEASES 2,752.97
101-3010-421.2006 PROFESSIONAL SERVICES 690,590.60
101-3020-422.1103 SECTION 125 CAFETERIA -0.01
101-3020-422.2006 PROFESSIONAL SERVICES 28,140.00
101-3020-422.2104 TECHNICAL SERVICES 4,576.50
101-3020-422.2705 UTILITIES-CELL PHONES 111.14
101-3020-422.2904 OTHER SERVICES & CHA… 1,253.23
101-3030-423.2006 PROFESSIONAL SERVICES 960.00
101-3030-423.3002 OPERATING SUPPLIES 131.03
101-3040-424.2006 PROFESSIONAL SERVICES 15,660.00
101-3040-424.2016 PLAN CHECK SERVICES 15,395.26
101-3040-424.3002 OPERATING SUPPLIES 146.77
101-3070-427.3002 OPERATING SUPPLIES 127.19
101-5010-431.2104 TECHNICAL SERVICES 2,007.50
101-5010-431.2801 MAINTENANCE & REPAIR 8,119.24
101-5010-431.3002 OPERATING SUPPLIES 521.24
101-5020-432.2503 RENT-UNIFORMS 279.15
101-5020-432.2811 PRINTING SERVICES 26.40
101-5020-432.2902 EMPLOYEE RECOGNITIO… 91.50
101-5020-432.3002 OPERATING SUPPLIES 890.91
101-5050-435.2801 MAINTENANCE & REPAIR 2,860.80
101-5050-435.3002 OPERATING SUPPLIES 40.78
101-6010-451.2104 TECHNICAL SERVICES 1,590.00
101-6010-451.2107 CONTRACTS - RECREATI… 500.00
101-6010-451.2804 TRAVEL, TRAINING, MEE… 591.00
101-6014-451.2807 ADVERTISING 166.00
101-6014-451.2808 COMMUNITY PROGRAMS 43,582.78
101-6016-451.2503 UNIFORMS 175.00
101-6020-452.2104 TECHNICAL SERVICES 93,760.35
101-6020-452.2702 UTILITIES-WATER 2,111.67
101-6020-452.3002 OPERATING SUPPLIES 663.11
101-6040-454.2022 PEST CONTROL SERVICE 500.00
101-6040-454.2801 MAINTENANCE & REPAIR 11,292.61
101-6040-454.2804 TRAVEL, TRAINING, MEE… 20.00
101-6040-454.3002 OPERATING SUPPLIES 1,166.56
202-5016-531.2006 PROFESSIONAL SERVICES 18,638.02
212-3036-421.2006 PROFESSIONAL SERVICES 16,116.90
214-1230-413.2006 PROFESSIONAL SERVICES 10,572.00
ATTACHMENT 1

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Account Summary
Account Number Account Name Payment Amount
214-5000-532.2006 PROFESSIONAL SERVICES 156,576.37
214-5014-531.2006 PROFESSIONAL SERVICES 9,768.48
401-5010-532.2006 PROFESSIONAL SERVICES 670.00
420-6020-552.2006 PROFESSIONAL SERVICES 142,027.00
501-1921-419.2801 MAINTENANCE & REPAIR 2,058.63
501-1921-419.2816 VEHICLE OPERATE-PARTS… 1,252.06
501-1921-419.3002 OPERATING SUPPLIES 337.62
502-1922-419.2001 ATTORNEY SERVICES 7,641.72
502-1922-419.2006 PROFESSIONAL SERVICES 7,000.00
502-1922-419.2904 OTHER SERVICES & CHA… 250.00
503-1923-419.2104 TECHNICAL SERVICES 616.45
503-1923-419.2704 UTILITIES-TELEPHONE 1,591.45
504-1924-519.5003 IMPROVEMENTS NOT BU… 28,105.00
601-5060-436.2023 SECURITY & ALARM 426.71
601-5060-436.2801 MAINTENANCE & REPAIR 182.24
601-5060-436.2804 TRAVEL, TRAINING, MEE… 64.41
Grand Total: 1,598,718.07
Project Account Summary
Project Account Key Payment Amount
**None** 1,189,571.43
1305-DEP 391.40
22-0077-DEP 250.00
22-0100-DEP 195.00
22-0113-DEP 243.08
GRT068-EXP 500.00
GRT070-EXP 1,590.00
LWC002-P 3,606.60
LWC146-P 3,737.00
LWC259-P 5,069.00
LWC267-P 314.50
LWC336-P 906.50
LWC337-P 92.50
LWC356-P 1,294.22
LWC358-P 277.50
LWC363-P 2.00
P22102-ARPA 110.00
P23101-C 142,027.00
S20112-P 11,030.00
S22101-ENG 44,598.80
S22101-TRANSNET 2,233.92
ATTACHMENT 1

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Project Account Summary
Project Account Key Payment Amount
S22106-P 335.00
S22107-CCENG 9,768.48
S22107-TNENG 5,374.10
S22108-P 335.00
SP1509-EXP 43,332.78
SP1702-P 8,842.69
SP22101-PALM DE 108,910.10
SP22101-SR 2,957.47
SP23102-P 10,572.00
SP23104-TRUNK 250.00
Grand Total: 1,598,718.07
ATTACHMENT 1

P a g e | 1
October 18, 2023
ITEM TITLE: SUBJECT RESOLUTION 2023-90 TO AUTHORIZE SUBMITTAL OF AN APPLICATION FOR FISCAL YEAR 2024-2025 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. (0650-34)
ORIGINATING DEPARTMENT:

Finance
EXECUTIVE SUMMARY:

At their meeting on October 5, 2022, the City Council authorized the purchase of a new PierceArrow XT Multi-Purpose Response Vehicle (fire engine). In anticipation of this purchase, the City set aside $500,000 in the Vehicle Maintenance Fund to assist in the funding of the engine. It was anticipated that the City would continue to reserve funds each year until the necessary amount was available and the fire engine purchase would be executed. However, due to manufacturing timelines and ongoing maintenance issues with the current engines, it was decided to immediately begin the process of purchasing the new engine. To ensure the funding was available for the purchase, it was determined that it would be appropriate to enter into a lease-purchase arrangement with PNC Bank.

While continuing to investigate funding options, staff also ascertained that the fire engine purchase, or the annual payments for the engine, could qualify for Federal Community Development Block Grant (CDBG) funding. CDBG is administered locally through the County of San Diego Department of Housing and Community Development Services (County HCD). The County HCD allocates CDBG funds to participating cities based on a formula that considers factors such as population and income level. The funds are to be used to meet at least one of the National Objectives which involve benefitting low- or moderate-income areas and can be used in a variety of activities including Public Facilities and Improvements, Public Services and Economic Development. Pursuant to conversations with County HCD, it has been confirmed that the City of Imperial Beach Fire Department service area qualifies as a low- or moderateincome census area and CDBG funds can be used towards the purchase of a new apparatus.

The application for the FY2024-2025 CDBG funding, the next funding cycle, must be submitted to the County HCD by November 10, 2023.

RECOMMENDATION:

Adopt Resolution 2023-90, a Resolution of the City of Imperial Beach, California Authorizing the Submittal of an Application for Fiscal Year 2024-2025 Community Development Block Grant Funds.

OPTIONS:
 Adopt Resolution 2023-90 approving the submission of the FY2024-2025 CDBG application
 Provide direction to the City Manager to take a specific action

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 Request additional information and an additional report Delay in the adoption of the resolution could result in staffing missing the submission deadline for the FY2024-2025 CDBG funding. The result of missing the deadline could be the need to fund the FY2024-25 lease payment from either the General Fund or the Vehicle Maintenance reserves.

BACKGROUND/ANALYSIS:

At their meeting on October 5, 2022, the City Council authorized the purchase of a new PierceArrow XT Multi-Purpose Response Vehicle (fire engine). The total cost of the fire engine and equipment is estimated to be $1.2 million. The engine cost, along with a performance bond, is approximately $1,052,000. The City opted to pay a $500,000 downpayment and finance the remaining $509,858 of the engine cost with a 5 year, 4.89% interest lease. Lease payments would be approximately $116,700 per year, for 5 years and are due each September with the final payment due in September 2027. The lease includes a $1.00 buyout option at the end of the lease term. The annual payments are now budgeted as part of the bi-annual budgeting process beginning in FY2023-24.

While researching the potential funding methods for the engine, staff obtained information that the fire engine purchase could qualify for Federal Community Development Block Grant Funding (CDBG). CDBG Funding is administered locally through the County of San Diego Department of Housing and Community Development Services (County HCD). The County HCD allocates funds to participating cities based on a formula that considers factors such as population and income level. The funds are to be used to meet at least one of the National Objectives which involve benefitting low- or moderate-income areas and can be used in a variety of activities including Public Facilities and Improvements, Public Services and Economic Development. Pursuant to conversations with County HCD, it has been confirmed that the City of Imperial Beach Fire Department service area qualifies as a low- or moderate-income census area and the City could apply to use their CDBG funds towards the annual lease payments/purchase of the new fire apparatus.

In the past, several years’ worth of CDBG allocations could be requested in advance for funding towards a project such as this. Now, staff must apply for and receive approval for use of the funds on an annual basis. Since the County HCD approval is annual and the funding is not guaranteed, staff will need to budget funds from the General Fund on an annual basis for the yearly lease payments in case the County does not approve a future application for CDBG funding.

The estimated allocation for Imperial Beach for FY 2024-2025 is $129,562. Applications for the CDBG funding cycle are due to the County by November 10, 2023. County HCD staff will review all proposed projects and present the list of projects to the Board of Supervisors for approval in approximately April 2024. Upon Board approval, all sub-recipient projects will need to undergo environmental review (if applicable) and contract execution. Funds should be available for distribution in August 2024.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

FISCAL YEAR: 2024-25 thru 2027-2028
BUDGETED: N/A

BUDGET AMENDMENT N/A
ACCOUNT NO(S).: 210-0000-334.5001 – CDBG
Revenue

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210-0000-391.9001 – Transfer Out
501-0000-391.9004 – Transfer In
501-1921-419.5004 - Equipment
Or
101-1920-419.2607 – ABCEquipment Charge
501-0000-345.7001 – Vehicle
Replacement/Maintenance
501-1921-419.5004 – Equipment
PROJECT NO(S).: N/A
FISCAL ANALYSIS: Amounts will be budgeted in
future fiscal years
CURRENT BUDGET: N/A

ANTICIPATED
EXPENDITURE:

FY 2024-2025 thru 2027-2028
Approximately $116,700 per year
ATTACHMENTS:

ATT 1 – Resolution No. 2023-90

ATTACHMENT 1
RESOLUTION NO. 2023-90

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR FISCAL YEAR 2024--2025

COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
WHEREAS, the City of Imperial Beach is eligible to apply for Federal Community Development Block Grant (CDBG) funding administered through the County of San Diego Department of Housing and Community Services (County HCD); and WHEREAS, the City’s estimated FY 2024-2025 CDBG allocation is approximately $129,562; and
WHEREAS, the City of Imperial Beach currently has two fire engines, Engine 239 and Engine 39, which are 19 and 9 years of age, respectively; and WHEREAS, the City Council has authorized the purchase of a new fire apparatus and related equipment in order to provide a newer, more dependable response vehicle; and WHEREAS, the purchase of a new fire engine apparatus will have a direct impact on the health, safety and quality of life for the Imperial Beach community; and WHEREAS, the City Council of the City of Imperial Beach has recognized that the acquisition of a new fire engine apparatus would benefit the community.

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

1. The City Council desires to utilize its FY 2024-2025 Community Development Block Grant funds to assist in the funding of a new fire apparatus and related equipment.

2. The City Council approves the submittal of the CDBG application for the Fire Engine Apparatus Project.

3. The City Manager or designee is authorized to execute an agreement with the County of San Diego for the use of CDBG funds for the Fire Engine Apparatus Project.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 18th day of October 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

P a g e | 1
October 18, 2023
ITEM TITLE: ADOPTION OF RESOLUTION 2023-87 TO ADOPT ADMINISTRATIVE

ENCROACHMENT AND EXCAVATION RULES AND REGULATIONS FOR WIRELINE COMMUNICATION FACILITIES FOR PACIFIC WYYERD, LLC. (0710-55) ORIGINATING DEPARTMENT:

Community Development
EXECUTIVE SUMMARY:

Pacific Wyyerd, LLC (“Wyyerd”) is a fiber-to-the-premise service provider offering affordable and reliable high-speed internet to residents, businesses, carriers, and community/government entities. Earlier this year, Wyyerd met with City staff to request access to the City’s right-of-way to install new fiber optic lines. Imperial Beach Municipal Code (“IBMC”) Chapter 12.04, “Construction of Streets and Sidewalks,” provides the framework for the orderly administration of private work in the public rights-of-way and it establishes encroachment permits as the process for clearance by the City to allow excavation and other work in public venues, including by communication providers holding state franchises, with minimum disruption to traffic or public safety. The attached “’Exhibit A’ Administrative Encroachment and Excavation Rules and Regulations for Wireline Communication Facilities” (Attachment 2) are promulgated pursuant to IBMC Section 12.04 and are in addition to any other ordinances, rules, regulations, or policies of the City of Imperial Beach. These rules and regulations are intended to provide additional clarity and guidance to applicants as to the procedures, standards, and conditions on which the Director of Public Works would issue permits for the installation, construction, excavation, or other work performed in connection with wireline communication facilities located or proposed to be located within the public rights-of-way. Resolution 2023-87 would adopt “Exhibit A” Administrative Encroachment and Excavation Rules and Regulations for Wireline Communication Facilities (Attachment 2) and would allow Pacific Wyyerd, LLC to install new fiber optic lines in the City's right-of-way subject to the issuance of an Encroachment Permit.

RECOMMENDATION:

That the City Council adopts the Administrative Encroachment and Excavation Rules and Regulations for Wireline Communication Facilities (“Exhibit A”) and allow new fiber optic lines to be installed in the City's right-of-way subject to the issuance of an Encroachment Permit.

OPTIONS:

In addition to receiving this report and adopting staff’s recommendations, the City Council can:
 Adopt Resolution 2023-87 with modifications to “Exhibit A” requested by the City Council; or
 Disapprove Resolution 2023-87 and deny the request by making specific findings for denial; or

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 Continue the item to a specific future meeting to allow staff to provide additional information upon which a decision can be rendered.

BACKGROUND/ANALYSIS:

There is an increasing demand for advanced technology, necessitating new telecommunications infrastructure. Today, residents and businesses seek faster and more reliable services to support our mobile devices, home or office internet, and telephone needs. To support the new technology, new fiber optic lines are being proposed to be installed.

Pacific Wyyerd, LLC is a fiber-to-the-premise service provider offering affordable and reliable high-speed internet to residents, businesses, carriers, and community/government entities.

Earlier this year, Wyyerd met with City staff to request access to the City’s right-of-way to install new fiber optic lines. Imperial Beach Municipal Code (“IBMC”) Chapter 12.04, titled “Construction of Streets and Sidewalks,” provides the framework for the orderly administration of private work in the public rights-of-way and is intended to protect the public interest and safety. It establishes encroachment permits as the process for clearance by the City to allow excavation and other work in public venues, including by communication providers holding state franchises, with minimum disruption to traffic or public safety. (IBMC § 12.04.010 & 12.04.020.) The Director of Public Works must require entities who benefit from the installation facilities in the public right-of-way to apply for all requisite permits. (IBMC § 12.04.020.)
Administration of encroachment permits under IBMC Chapter 12.04 is under the direction and control of the Director of Public Works. The Director of Public Works has the authority to require strict compliance with City of Imperial Beach specifications. (IBMC §12.04.020.) The attached “’Exhibit A’ Administrative Encroachment and Excavation Rules and Regulations for Wireline Communication Facilities” (Attachment 2) are promulgated pursuant to IBMC Section 12.04 and are in addition to any other ordinances, rules, regulations or policies of the City of Imperial Beach.

These rules and regulations are intended to provide additional clarity and guidance to applicants as to the procedures, standards and conditions on which the Director of Public Works would issue permits for the installation, construction, excavation or other work performed in connection with wireline communication facilities located or proposed to be located within the public rights-of-way.

ENVIRONMENTAL DETERMINATION:

The adoption of the Administrative Encroachment and Excavation Rules and Regulations for Wireline Communication Facilities is exempt from CEQA pursuant to section 15301 of the CEQA Guidelines, which provides an exemption for minor alterations to existing facilities.

FISCAL IMPACT:

There is no fiscal impact associated with the adoption of Exhibit A, however, Pacific Wyyerd, LLC. must apply for project-specific encroachment permits and pay all applicable fees.

ATTACHMENTS:

ATT 1 – Resolution 2023-87
ATT 2 – “Exhibit A” Administrative Encroachment and Excavation Rules and Regulations for Wireline Communication Facilities

Attachment 1
RESOLUTION NO. 2023-87

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, TO ADOPT EXHIBIT A “ADMINISTRATIVE ENCROACHMENT AND

EXCAVATION RULES AND REGULATIONS FOR WIRELINE COMMUNICATION FACILITIES” FOR PACIFIC WYYERD, LLC.

WHEREAS, there is an increasing demand for advanced technology, necessitating new telecommunications infrastructure; and
WHEREAS, today’s residents and businesses seek faster and more reliable services to support our mobile devices, home or office internet, and telephone needs; and WHEREAS, current networks require more connection points and bandwidth than previous technologies, which require new fiber optic lines to be installed for optimization; and WHEREAS, Pacific Wyyerd, LLC is a fiber-to-the-premise service provider offering affordable and reliable high-speed internet to residents, businesses, carriers, and community/government entities; and
WHEREAS, Imperial Beach Municipal Code (“IBMC”) Chapter 12.04, titled “Construction of Streets and Sidewalks,” provides the framework for the orderly administration of private work in the public rights-of-way and is intended to protect the public interest and safety. It establishes encroachment permits as the process for clearance by the City to allow excavation and other work in public venues, including by communication providers holding state franchises, with minimum disruption to traffic or public safety; and
WHEREAS, administration of encroachment permits under IBMC Chapter 12.04 is under the direction and control of the Director of Public Works. The Director of Public Works has the authority to require strict compliance with City of Imperial Beach specifications; and WHEREAS, the administrative rules and regulations in “Exhibit A” Administrative Encroachment and Excavation Rules and Regulations for Wireline Communication Facilities are promulgated pursuant to IBMC Section 12.04 and are in addition to any other ordinances, rules, regulations or policies of the City of Imperial Beach; and WHEREAS, Pacific Wyyerd, LLC. must apply for project-specific encroachment permits and pay all applicable fees.

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 and are the findings of the City Council.

2. The adoption of the Administrative Encroachment and Excavation Rules and Regulations for Wireline Communication Facilities is exempt from CEQA pursuant to section 15301 of the CEQA Guidelines, which provides an exemption for minor alterations to existing facilities.

3. The City Council adopts “Exhibit A” - Administrative Encroachment and Excavation Rules and Regulations for Wireline Communication Facilities.

Resolution No. 2023-87

4. The City Council hereby authorizes the City Manager, or such person as is designated by the City Manager, to issue an Encroachment Permit Agreement in accordance with the “Exhibit A” Administrative Encroachment and Excavation Rules and Regulations for Wireline Communication Facilities, administrative rules and regulations and any other ordinances, rules, regulations, or policies of the City of Imperial Beach, with any such changes and refinements as may be necessary and approved by the City Manager.

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.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 18th day of October, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

Attachment 2
“EXHIBIT A”
Pacific Wyyerd, LLC
Administrative Encroachment and Excavation Rules and Regulations for Wireline Communication Facilities
Background
Imperial Beach Municipal Code (“IBMC”) Chapter 12.04, titled “Construction of Streets and Sidewalks,” provides the framework for the orderly administration of private work in the public rights-of-way and is intended to protect the public interest and safety. It establishes encroachment permits as the process for clearance by the City to allow excavation and other work in public venues, including by communication providers holding state franchises, with minimum disruption to traffic or public safety. (IBMC § 12.04.010 &

12.04.020.) The Director of Public Works must require entities who benefit from the installation facilities in the public right-of-way to apply for all requisite permits. (IBMC §

12.04.020.)
Administration of encroachment permits under IBMC Chapter 12.04 is under the direction and control of the Director of Public Works. The Director of Public Works has the authority to require strict compliance with City of Imperial Beach specifications. (IBMC §12.04.020.) These administrative rules and regulations are promulgated pursuant to IBMC Section

12.04 and are in addition to any other ordinances, rules, regulations or policies of the City of Imperial Beach.

Purpose
These rules and regulations are intended to provide additional clarity and guidance to applicants as to the procedures, standards and conditions on which the Director of Public Works will issue permits for the installation, construction, excavation or other work performed in connection with wireline communication facilities located or proposed to be located within the public rights-of-way.

These rules and regulations are not intended to, nor shall they be interpreted or applied to: (1) prohibit or effectively prohibit any entity’s ability to provide any communication service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights-of-way management; (2) unreasonably discriminate among functionally equivalent services or service providers; (3) impose any unreasonable, discriminatory or anticompetitive fees that exceed the reasonable cost to provide the services for which the fee is charged; (4) otherwise authorize the City to preempt any applicable federal or California law; or (5) limit the exercise of the Director of Public Works’ discretion authorized under the IBMC and other applicable law.

Definitions
The abbreviations, phrases, terms and words used in these rules and regulations will have the following meanings assigned to them unless context indicates otherwise. Undefined phrases, terms or words will have their ordinary meanings. (a) “collector road” means a local conduit that distributes vehicular traffic from neighborhoods or business districts onto arterials and sometimes to other collectors.

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These may serve as alternate routes to arterials for movement across the City. The term “collector road” as used in these rules and regulations is generally defined in the Imperial Beach General Plan and includes identification of such roads within the region of the City of Imperial Beach.
(b) “CPUC” means the California Public Utilities Commission established in the California Constitution, Article XII, § 5, or its duly appointed successor agency. (c) “Director of Public Works” is designated by the City Manager to mean the Director of Public Works or his/her designee.
(d) “DIVCA” means the Digital Infrastructure and Video Competition Act of 2006, California Public Utilities Code §§ 5800, et seq.
(e) “DIVCA certificate” means an authorization issued by the California Public Utilities Commission pursuant California Public Utilities Code § 5840. (f) “facility” includes, without limitation, any and all cables, wires, lines, cabinets, ducts, conduits, cables, fiber optics, converters, equipment, drains, handholds, manholes, ducts, poles, lights, controllers, standpipes, signs, pipes, pipelines, splice boxes, surface location markers, tracks, tunnels, utilities, cabinets, vaults and other appurtenances or tangible things owned, leased, operated or licensed by a person or entity, that are located or are proposed to be located in the public rights-of-way in connection with any wireline communication service.
(g) “historic resource” means a historic landmark or district, listed or eligible to be listed on the National Register of Historic Places or California Register of Historical Resources, or any site or location identified as a “historic resource” in the Imperial Beach General Plan.
(h) “local road” means a low capacity, low-speed road providing direct access to individual properties within neighborhoods. These roads usually consist of two driving lanes. The term “local road” as used in these rules and regulations is generally defined in the Imperial Beach General Plan.
(i) “arterial” means a major local traffic channel, providing circulation across the City and access to major destination points throughout the region. These are usually comprised of four to six driving lanes, often with synchronized signals to help traffic flow. The term “arterial” as used in these rules and regulations is generally defined in the Imperial Beach General Plan and includes identification of such roads within the region of the City of Imperial Beach.
(j) “permittee” means the person granted a permit pursuant to these rules and regulations.
(k) “public right-of-way” or “public rights-of-way” means and includes any public street, alley, sidewalk, driveway, curb, pavement, gutter or parkway. (l) “surface-mounted facility” means any facility or physical element or structure associated with a facility that is installed, attached or affixed in the public rights-ofway on a site that is above the surface of the public rights-of-way (except on utility

Attachment 2
poles or associated overhead appurtenances) and that requires excavation to install the facility.
(m) “trenchless technology” means any method, material, equipment, technique or combination thereof used to install, replace, renew or repair underground facilities and improvements with no or minimal surface disturbance. Trenchless technology includes, without limitation, drilling, auguring, boring and tunneling. (n) “underground utility district” means any area in the City of Imperial Beach within which overhead wires, cables, cabinets and associated overhead equipment, appurtenances and other improvements are either (1) prohibited by ordinance, resolution or other applicable law; (2) scheduled to be relocated underground within 18 months from the time an application is submitted; or (3) primarily located underground at the time an application is submitted.
(o) “wireline communication service” includes the transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals by wire, cable, fiber-optic cables or other wireline conveyances to a point, or between or among points, whether or not such information is transmitted through interconnected service with the public switched network.

Application and Review Procedures
(a) Application Requirements. Wireline communication service providers seeking to install facilities in the public rights-of-way shall apply for a master encroachment permit, which application shall be supplemented by the applicant as needed from time to time for new site locations. In addition to the City of Imperial Beach Standard Specifications, Regional and City Standard Drawings, Special Provisions, and Design Standards and any other publicly stated requirements, all permit applications for installation, construction and/or excavation in connection with facilities encroaching within the City’s public rights-of-way must include the following information and materials to the extent applicable to the proposed project:
(1) Application Form. The applicant shall submit a complete, duly executed permit application on the then-current form prepared by the City. (2) Application Fee. The applicant shall submit the applicable permit application fee adopted by City Council resolution.
(3) Compliance with IBMC. The applicant shall submit the information and make the demonstrations as required by the City of Imperial Beach. (4) Construction Drawings. The applicant shall submit true and correct construction drawings, prepared, signed and stamped by a California licensed or registered engineer, that depict all the existing and proposed improvements, equipment and conditions related to the proposed project, which includes without limitation any and all poles, posts, pedestals, traffic signals, towers, streets, sidewalks, pedestrian ramps, driveways, curbs, gutters, drains, retaining walls, wells, handholes, manholes, fire hydrants, equipment cabinets, lines, wires, cables, trees and other landscape features. The construction drawings must: (i) contain cut sheets that contain the technical specifications for all existing and proposed lines, wires, cables and accessory equipment, which includes without limitation

Attachment 2
the manufacturer, model number, weight and physical dimensions; (ii) identify all the applicant’s potential surface mounted facilities and support structures within 15 feet from the proposed project site and call out such structures’ overall height above ground level; (iii) depict the applicant’s preliminary plan for electric or communications connections, which shall include the anticipated locations for all conduits, lines, wires, cables, handholes, junctions, transformers, meters, disconnect switches, and points of connection; and (iv) demonstrate that proposed project will be in full compliance with all applicable health and safety laws, regulations or other rules, which includes without limitation all building codes, fire codes, electric codes, local street standards and specifications, public utility regulations and orders, the Imperial Beach Municipal Code, the requirements of the Director of Public Works, and current construction standards regarding separation from existing and planned facilities. (5) Site Survey. Except as may be provided otherwise in these rules and regulations, the applicant must submit a survey that identifies and depicts all existing boundaries, encroachments and other structures within 15 feet from the proposed project site and any new improvements, which includes without limitation all: (i) traffic lanes; (ii) all private properties and property lines; (iii) above and belowgrade utilities and related structures and encroachments; (iv) fire hydrants, roadside call boxes and other public safety infrastructure; (v) streetlights, decorative poles, traffic signals and permanent signage; (vi) sidewalks, driveways, parkways, curbs, gutters and storm drains; (vii) benches, trash cans, mailboxes, kiosks and other street furniture; and (viii) existing trees, planters and other landscaping features. The survey must be prepared, signed and stamped by a California licensed or registered engineer when the proposed facilities involve ground disturbance within 2 feet from the edge of the public rights-of-way.

A survey shall not be required for proposed project or portions thereof that only involve installing additional cables or wires through existing conduit or on existing overhead poles.
(6) Traffic Control Plans. All plans for temporary traffic control shall comply with the latest edition of the California Manual on Uniform Traffic Control Devices (“CAMUTCD”). Traffic control plans that match the standard plans in the CA-MUTCD shall not require an engineer’s signature and stamp; provided, however, that any traffic control plans that deviate from such standard plans must be prepared, signed and stamped by a California licensed or registered engineer. (7) Photo Simulations. For each surface mounted facility, the applicant shall submit site photographs and photo simulations that show the existing location and proposed surface mounted facility in context from at least one vantage point within the public streets or other publicly accessible spaces, together with a vicinity map that shows the proposed site location and the photo location. The simulation must depict the surface mounted facility from a vantage point approximately 50 feet from the proposed location. The photo simulation and vicinity map shall be incorporated into the construction plans submitted with the application. The photo simulations must show all required elements of the surface mounted facility that will be visible and shall be based on actual site photographs.

For clarity, photo simulations shall not be required for: (i) proposed projects that involve like- for-like replacement surface mounted facilities that do not otherwise defeat the design standards or concealment requirements in these rules and

Attachment 2
regulations; (ii) underground facilities; or (iii) aerial or overlashed cables or wires on existing utility poles or structures.
(8) Project Narrative and Justification. All applications must contain a short, plain statement that describes the scope and purpose of the proposed project. The written statement shall also describe and include a master plan for any other planned facilities deployments by the applicant within the City over the next 1 year period from the date of submittal, which shall be updated for every new location, including at a minimum: (a) the type of service(s) to be provided and purpose of the facilities; (b) their anticipated date of installation; (c) the location and zoning district of each project area; (d) the location and specific details (i.e., underground depth, above-ground height, etc.) of all facilities presently installed within the City’s limits; (e) a high-level design of all facilities presently intended to be installed over the next 5 years; (f) known locations where applicant plans to colocate their facilities with the facilities of other utilities; and (g) applicant’s work plan for coordinating with other utilities to co-locate their other planned facilities with the facilities of other utilities. Applicant’s master plan is for City planning purposes with respect to the timing and planned locations of construction in the public rights-of-way. If the applicant deploys its infrastructure on an “on-demand” basis without a long-range capital improvement plan, the master plan shall so state and indicate the applicant’s level of confidence in any deployments depicted or described in the master plan. Neither applicant’s master plan, nor anything in these rules and regulations, shall be interpreted to entitle applicant to locate in a particular location or at a particular time. In addition, City reserves all rights now and in the future to set aside segments of the public rights-of-way for future Cityplanned capital improvement projects. If the applicant’s proposed facilities deviate from any location and/or design standard of these rules and regulations, the written statement shall also explain in plain factual detail how the proposed facilities deviate from any requirements in the Imperial Beach Municipal Code and these rules and regulations, which includes without limitation any location, coordination with other utilities, design and concealment requirements, and federal and state law, as applicable, the reasons for the deviation and any proposed mitigations to minimize the deviation. To the extent that any of the application requirements do not apply to the project being proposed, that shall also be set forth in the project narrative by the applicant. (9) Regulatory Authorization. The applicant shall submit evidence of the applicant’s regulatory status under federal and California law to provide the services and construct the facilities proposed in the application. The applicant is not required to resubmit such evidence of its regulatory status if the applicant already submitted such evidence with a previous application and there have been no changes to such evidence.
(10) Property Owner’s Authorization. If any facilities will be installed on or within any existing facilities, utility poles or support structures owned by an entity other than the applicant, the applicant must submit: (i) a written authorization from the entity(ies) that authorizes the applicant to submit and accept a permit in connection with the subject facility or structure; (ii) a copy of an application for the proposed facilities approved by the entity that owns the existing facilities, utility poles or support structures; or (iii) a statement from the applicant attesting, under penalty of perjury, that no such application is required by the entity that owns the

Attachment 2
existing facilities, utility poles or support structures. (11) Acoustic Analysis. The applicant shall submit either: (i) an acoustic analysis prepared and certified by a licensed engineer for any proposed noise-emitting equipment associated with any surface-mounted and undergrounded facilities including but not limited to all environmental control units, sump pumps, temporary backup power generators and permanent backup power generators demonstrating compliance with the City’s noise regulations; or (ii) copies of the manufacturers’ acoustic specifications for all noise-emitting equipment associated with any surface-mounted and undergrounded facilities, including, but not limited to, all environmental control units, sump pumps, temporary backup power generators and permanent backup power generators and a depiction of the proposed equipment relative to all adjacent property lines sufficient to demonstrate compliance with the City’s noise regulations. The foregoing acoustic analysis requirement shall not apply to: (x) the portions of the facilities and equipment that are not, on their own, noise emitting, including but not limited to equipment enclosures, handholes, vaults, conduit, lines, wires and cables; (y) temporary construction equipment for the installation of such facilities and equipment; or (z) temporary or time-limited emergency equipment. (12) Structural Analysis. For any facilities to be installed on any utility pole or support structure, the applicant shall submit a report prepared and certified by an engineer licensed by the State of California (or other qualified personnel acceptable to the City) that evaluates whether the underlying pole or support structure has the structural integrity to support all the proposed equipment and attachments. At a minimum, the analysis must be consistent with all applicable requirements in CPUC General Order 95 (including, but not limited to, load and pole overturning calculations), the National Electric Safety Code, the standards and practices required for an ANSI/TIA-222 Maintenance and Conditions Assessment (under the most current revision at the time of submittal) and any safety and construction standards required by law and the utility provider, all as may be amended from time to time. The report shall contain tolerances, including, but not limited to, guy tensions if applicable, plumb, twist, slip splices and take-up devices. In the alternative, the applicant may submit a structural report or pole loading analysis approved by the entity that owns the utility pole or support structure. (13) Environmental Impact Assessment. The applicant shall submit an environmental impact assessment to determine whether the proposed project is exempt from the California Environmental Quality Act (CEQA), categorically exempt under Article 19 of the CEQA Guidelines or whether the proposed project will require a Negative Declaration, Mitigated Negative Declaration or an Environmental Impact Report. If the proposed project is exempt for any other reason, the applicant must submit evidence of such exemption and a statement of how the proposed project fits within that exemption. (14) Landscape Plan. For projects that impact existing landscape features, a landscape plan shall be submitted with project application submittal indicating all existing vegetation that is to be retained on the project site and any additional vegetation that is needed to satisfactorily screen any surface mounted facilities from adjacent land uses in public view areas. That landscape plan shall conform to all the requirements set forth in these rules and regulations, any City landscape

Attachment 2
guidelines, and as required by the Imperial Beach Municipal Code or any other Ordinance, rule, or regulation, as applicable, as they may be amended or superseded. The landscape plan shall also include a tree protection plan prepared by a certified arborist and specify measures to protect trees during project construction and/or improvement.
(15) Available Space Calculations. If applicant proposes to be the first to install facilities at a given location within the public right-of-way or if applicant does not have an agreementwith another utility to co-locate its facilities at that particular proposed location, applicant’s plans shall include calculations and detail regarding the space available to install additional conduit in the proposed location. (16) Truth and Accuracy Statement. Any application submitted pursuant to these rules and regulations shall be signed by the applicant, or a person knowledgeable about the proposed facility and authorized to act on the applicant’s behalf, attesting, that under penalty of perjury, that all information, representations and disclosures in the application are true, correct and complete and that the person signing has the authority to bind the applicant and that the applicant will abide by these Administrative Encroachment and Excavation Rules and Regulations for Wireline Communication Facilities.
(b) Pre-submittal Conferences. For proposed projects involving new surface mounted facilities, ground disturbance or other excavation, the City requires prospective applicants to schedule and attend a pre-submittal conference with the Director of Public Works and other City staff. Pre-submittal conferences for other proposed projects shall be voluntary. This pre-submittal conference is intended to streamline the review process through collaborative, informal discussion that includes, without limitation, the appropriate project classification and review process; any latent issues in connection with the proposed project and/or project site, including compliance with generally applicable rules for public health and safety; potential concealment issues or concerns (if applicable); coordination with other City departments implicated by the proposed project; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, prospective applicants are encouraged (but not required) to bring any draft applications, plans, maps or other materials so that City staff may provide informal feedback and guidance about whether such applications or other materials may be incomplete or unacceptable in their thencurrent form. The prospective applicant may request in writing to discuss multiple proposed applications at the same pre-submittal conference. The Director of Public Works will use reasonable efforts to accommodate the requested but retains sole discretion for scheduling the duration of the pre-submittal conference and number of proposed applications to be discussed at a single pre-submittal conference. The Director of Public Works will use reasonable efforts to provide the prospective applicant with an appointment after receiving a written request and any applicable fee or deposit to reimburse the City for its actual, reasonable and documented costs to provide the staff and/or consulting time and services rendered in the pre-submittal conference. Any remaining amounts in the deposit following the City’s reimbursement for its actual, reasonable and documented costs shall be applied to the applicable permit application fee(s) or refunded to the prospective applicant upon request. The Director of Public Works may waive some or all of the foregoing requirements in accordance with Section (f) of these Application and Review Procedures (Temporary Requirements and Regulations).

Attachment 2
(c) Submittal Appointments. Except as may be required or permitted by the Director of Public Works, applications must be submitted in the City’s online application portal.

A prospective applicant must make a request for a pre-scheduled appointment in writing or in-person to the Director of Public Works. A prospective applicant may request in writing to submit more than one application at the same pre-scheduled appointment or schedule successive appointments for multiple applications with the Director of Public Works. The Director of Public Works, in the Director of Public Works’ sole discretion, may accept multiple applications at the same pre-scheduled appointment or schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants for any other development project. The Director of Public Works shall use reasonable efforts to offer an appointment after the Director of Public Works receives a written request from a prospective applicant. Any purported application received without an appointment request will not be considered duly filed, whether the City retains, returns or destroys the materials received. The Director of Public Works may waive some or all of the foregoing requirements in accordance with Section (f) of these Application and Review Procedures (Temporary Requirements and Regulations). (d) Incomplete Applications Deemed Withdrawn. Any application governed under these rules and regulations shall be automatically deemed withdrawn by the applicant when the applicant fails to submit a substantive response to the Director of Public Works within 60 calendar days after the Director of Public Works deems the application incomplete by written notice or through comments on the submittal documents transmitted to the applicant. The applicant’s time to submit a substantive response may be extended, in the Director of Public Works’ sole discretion, upon written request from the applicant for good cause so long as the applicant is actively pursuing completion of its substantive response. As used in this Subsection (d), a “substantive response” must include, at a minimum, the complete materials identified as incomplete in the written incomplete notice.
(e) Peer and Independent Consultant Review. The Director of Public Works may, in the Director of Public Works’ reasonable discretion, select and retain an independent consultant with specialized training, experience and/or expertise in issues relating to facilities reasonably satisfactory to the Director of Public Works in connection with any permit application. The Director of Public Works may request an independent consultant review on any issue that involves specialized or expert knowledge in connection with facilities deployment or permit applications for facilities, which include without limitation permit application completeness and/or accuracy and any other issue identified by the Director of Public Works that requires expert or specialized knowledge. The Director of Public Works may request that the independent consultant prepare written reports, testify at public meetings, hearings and/or appeals and attend meetings with City staff and/or the applicant. Subject to applicable law, in the event that the Director of Public Works elects to retain an independent consultant in connection with any permit application, the Director of Public Works shall notify the applicant in writing of such election and request that the applicant tender a deposit in an amount equal to the estimated cost for the services to be provided, as determined by the Director of Public Works until the City adopts the initial required deposit by fee schedule, and the applicant shall be responsible for the actual, reasonable and documented costs in connection with the services provided, which may include without limitation any actual, reasonable and documented costs incurred by the

Attachment 2
independent consultant to attend and participate in any meetings or hearings. Before the independent consultant performs any services, the applicant shall, within 10 business days of receipt of the Director of Public Works’ notice, either elect to continue to have its application processed by the City by tendering to the City a deposit in the amount specified by the Director of Public Works in the notice or the applicant shall withdraw its application. If the applicant elects to have its application processed, the Director of Public Works may request additional deposits as reasonably necessary to ensure sufficient funds are available to cover the actual, reasonable and documented costs in connection with the independent consultant’s services. In the event that the deposit exceeds the actual, reasonable and documented total costs for consultant’s services, the Director of Public Works shall promptly return any unused funds to the applicant after the facility has been installed and passes a final inspection by the Director of Public Works or his or her designee.

In the event that the actual, reasonable and documented costs for the independent consultant’s services exceed the deposit, the Director of Public Works shall invoice the applicant for the balance. The City shall not issue any permit to any applicant with any unpaid deposit requests or invoices. Notwithstanding the foregoing, the applicant may withdraw its application by providing written notice at any time after it elects to have the City process it in conjunction with the independent consultant, and applicant shall no longer be liable for the actual, reasonable and documented costs incurred by the consultant following the date of the Director of Public Works’ receipt of such withdrawal notice.
(f) Temporary Requirements and Regulations. Notwithstanding anything to the contrary in these Application and Review Procedures, the Director of Public Works may, in the Director of Public Works’ sole discretion, establish other reasonable temporary rules and regulations for duly filed applications, which may include without limitation telephonic and/or electronic pre-submittal conferences and/or submittal appointments, regular hours for appointments and/or submittals without appointments as the Director of Public Works deems necessary or appropriate to organize, document and manage the application intake process or to deal with temporary emergencies like the COVID-19 pandemic. Except in situations where prior written notice is impracticable, such as an emergency, temporary rules and regulations that could result in denial or rejection of an application shall be in written form and publicly stated to provide all interested parties with notice.

Location and Design Guidelines
(a) Trench Cut Moratorium Streets. All facility deployments shall comply with any trench cut moratorium policy adopted by the City (“Trench Cut Moratorium Policy”), which includes without limitation all trench cut repair requirements for work performed in a moratorium street, including requirements for street re-surfacing. (b) Dig Once. Wherever feasible for similar technologies, applicant shall co-locate their facilities with the facilities of other utilities to reduce the number of excavations within the public right- of-way, preserve its useful life, efficiently manage and preserve the limited space in the public right-of-way and minimize the inconvenience to the community. Applicants shall make a documented effort to work with other utility agencies and the City to co-locate infrastructure in same trench whenever feasible based on the technology to minimize construction costs, minimize future public disruptions and encourage efficient use of the public right-of-way. The Director of

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Public Works may require multiple excavators with overlapping projects to joint trench when technically feasible. If a joint trench is not technically feasible, the Director of Public Works may require an applicant to use trenchless technologies and/or perform additional restoration to surfaces subject to multiple street cuts. (c) Encroachments Over Private Property. No facilities may encroach onto or over any private or other property outside the public rights-of-way without the property owner’s express written consent submitted contemporaneously with the application or as otherwise authorized by some other property right such as an easement. (d) No Interference with Other Uses. Facilities shall not be located in any place or manner that would physically obstruct, unreasonably interfere with or unreasonably impede any: (1) pedestrian access to travel over sidewalks or soft shoulders; (2) worker access to any surface mounted or underground infrastructure for traffic control, streetlight or public transportation, including without limitation any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, barricade reflectors; (3) access to any public transportation vehicles, shelters, street furniture or other improvements at any public transportation stop; (4) worker access to surface mounted or underground infrastructure owned or operated by any public or private utility agency; (5) access to any fire hydrant or water valve; (6) access to any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtenant to the rights-of-way; (7) access to any fire escape; or (8) access to any public or private property that currently exists or is planned to exist at the time of the permit approval.
(e) Location Preferences for Surface-Mounted Facilities. To better assist applicants and decision makers understand and respond to the community’s preferences and values, this subsection sets out listed preferences for locations to be used in connection with any facilities in an ordered hierarchy. The City requires surfacemounted facilities in the public rights-of-way to be installed in locations, ordered from most preferred to least preferred, as follows:
(1) locations within industrial zones, commercial zones, public/institutional zones or office professional zones on or along major arterials;
(2) locations within industrial zones, commercial zones, public/institutional zones or office professional zones on or along collector roads;
(3) locations within industrial zones, commercial zones, public/institutional zones or office professional zones on or along local roads;
(4) locations within residential zones on or along major arterials; (5) locations within residential zones on or along collector roads; and (6) locations within residential zones on or along local roads. (f) Additional Requirements for Surface-Mounted Facilities. Surface-mounted facilities create obstructions and may adversely impact the public’s use of the rightsof-way for travel, commercial, recreational and aesthetic purposes. In addition to all other requirements in these rules and regulations, surface mounted facilities shall:

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(1) be located off any sidewalk or soft shoulder to the maximum extent technically feasible;
(2) when placement on the sidewalk cannot be avoided, be placed in a manner that maintains the appropriate path of travel for pedestrians, with particular attention to the needs of persons with disabilities in full compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.), the Fair Housing Act Amendments of 1988 and any other applicable disability accommodation laws; (3) not be placed on sidewalks or pedestrian pathways with special paving or design features (such as paving stones or inlayed decorations); (4) not be placed in underground utility districts, unless the applicant demonstrates that no other option is technically feasible;
(5) not be placed on public rights-of-way adjacent to open space or parks, unless the applicant demonstrates that no other option is technically feasible; (6) not be placed on public rights-of-way adjacent to public schools; (7) not be placed on public rights-of-way adjacent to a historic resource, or in a location that would adversely impact the view of a historic resource; (8) be grouped next to any other nearby pre-existing surface mounted pedestals, cabinets or other equipment to the maximum extent technically feasible; (9) be concealed from view from the public rights-of-way to the maximum extent technically feasible utilizing landscaping features including but not limited to existing and/or new bushes, retaining walls or other screening methods to blend with the landscape features;
(10) manufactured from materials able to be painted in a color and manner approved by the Director of Public Works, including but not limited to community painting projects subject to separate agreements addressing permittee’s liability and maintenance responsibility, or wrapped in a material with a design and colors approved by the Director of Public Works;
(11) be placed as close as possible to the property line between two parcels that abuts the public rights-of-way;
(12) not be placed directly in front of any door or ground-floor window; (13) not be placed within any sight distance triangles at any intersections; (14) not be placed in any location that obstructs view lines for traveling vehicles, bicycles and pedestrian;
(15) not be placed in any location that obstructs views of any traffic signs or signals; (16) not be placed in any location that obstructs illumination patterns for existing

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streetlights;
(17) be placed at least 15 feet away from any driveway or established pedestrian pathway between a residential structure and the public rights-of-way; and (18) be placed at least 50 feet away from any driveways for police/sheriff’s stations, fire stations or other emergency responder facilities.

Standard Conditions
The following conditions shall be in addition to any conditions imposed on the temporary construction activities undertaken in connection with the facility(ies) covered by each such permit and remain in effect at all times while the facility(ies) covered by each such permit remain within the City’s right-of-way. These conditions shall be attached and incorporated into the master encroachment permit issued by the City. These conditions shall be effective when the permittee accepts the permit issued by the City or performs any work in the public right-of-way.
(a) No Property Rights Created. This permit grants the permittee only a nonpossessory, non- exclusive and revocable right to enter on to and use the public rights-of-way in accordance with the terms and conditions in the Imperial Beach Municipal Code and/or any other applicable Ordinances, rules, and/or regulations, this permit and any other permits or regulatory authorizations issued by the City. The permittee expressly acknowledges and agrees that: (1) this permit neither creates nor will be deemed to create any leasehold, easement, franchise or any other possessory interest (whether present, future, contingent or otherwise) or real property interest whatsoever in the right-of-way or any other City property; (2) this permit is not coupled with an interest; (3) the City retains legal possession and control over all City property for the City’s municipal functions, which will be superior to the permittee’s rights and interest, if any, in any such City property covered by this permit at all times; (4) subject to the terms and conditions in the Imperial Beach Municipal Code, this permit and any other applicable laws, the City may terminate this permit, in whole or in part, at any time; (5) the City may enter into any agreement with third parties to use and/or occupy the public rights-of-way and/or any City property, whether in the City’s regulatory or proprietary capacity as the case may be; and (6) this permit neither creates nor will be deemed to create any partnership or joint venture between the City and the permittee.
(b) Unlawful Uses; Nuisances. The permittee shall not use the facilities authorized by this permit, in whole or in part, in any unlawful manner or for any illegal purpose. In addition, the permittee shall not use the facilities authorized by this permit, in whole or in part, in any manner that constitutes a nuisance as determined by the City in its reasonable discretion. The permittee shall take all precautions to eliminate any nuisances or hazards in connection with its uses and activities on or about the public rights-of-way.
(c) Safety. The permittee shall at all times employ reasonable care, within the meaning of applicable laws, and shall install, maintain and use commonly accepted methods and devices for preventing failures and accidents that may cause damage, injury or nuisance to the public. The permittee shall construct, operate and maintain its facilities so as not to endanger or interfere with improvements the City shall deem

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reasonably appropriate to make, consistent with applicable laws, or to interfere in any manner with the public rights-of-ways or legal rights of any property owner or to unnecessarily hinder or obstruct pedestrian or vehicular traffic. The permittee shall not place its facilities, equipment or fixtures where they will interfere with any gas, electric, telephone, telecommunications, communications, water, sewer or other utility facilities, obstruct or hinder in any manner such entity’s use of any public rightsof-way, or otherwise in any manner incommode the public rights-of-way. (d) USA 811. The permittee warrants and represents to City that permittee is presently a member in good standing with the Underground Service Alert (“USA 811”). The permittee shall maintain current membership in USA 811 at all times while the facilities remain within the right-of-way. Permittee will continue to respond to Dig-Alert requests to mark abandoned facilities for as long as such facilities remain in place, including after any abandonment. Prior to any excavation performed in the right-ofway, permittee shall observe and perform all notice and other obligations required under applicable Laws, which includes, without limitation, California Government Code §§ 4216 et seq., as may be amended or superseded.
(e) City Fees; Cost Reimbursement.
(1) Standard Fees. The permittee shall pay all required City fees including, without limitation, processing, field marking, engineering and inspection fees in accordance with the published rates in effect at the time of permit issuance. (2) Right to Cost Reimbursement. The City shall be entitled to recover from the permittee the actual, reasonable and documented costs to provide or perform any services in connection with this permit, which includes without limitation any costs incurred by City staff or the City’s contractors, consultants and experts to review permit applications, issue permits or supervise or inspect any construction, installation or other work in connection with this permit. The permittee’s payment of any fees in connection with any permit shall not relieve the permittee’s obligation to reimburse the City for any and all actual, reasonable and documented costs incurred by the City in the future.
(3) Nonpayment. The City shall be entitled to withhold issuance of any permits or approvals based on the permittee’s nonpayment of any required fee or accrued costs. The City’s acceptance of any payment less than the full amount due shall not be construed as an accord and satisfaction.
(4) Revenue Generating Fees. Subject to the representations by the permittee as to its status as a telephone corporation, and in accordance with California Public Utilities Code § 7901, in its current form and as currently interpreted by California courts with competent jurisdiction, the City shall not impose, and the permittee shall not be required to pay, any revenue-generating fees in connection with its use or occupancy of the public rights-of- way for the provision of telephone services. The permittee’s rights to use the City’s right- of-way free from any revenue-generating fee imposed by the City is based on the permittee’s certificate of public convenience and necessity (“CPCN”) and the permittee’s representations to the City that it will use the City’s right-of-way solely to provide telephone service to the public (or other such users as to be effectively available to the public) in accordance with the permittee’s CPCN. The City expressly

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reserves the right, in addition to all other rights the City has now or may have in the future, to revoke or amend this permit, in whole or in part, and require the permittee to comply with any lawful requirements, which may include full fair and reasonable compensation to the City for the permittee’s use and occupancy on, over, under or in the City’s right-of-way if: (1) the permittee uses the facilities for any purposes other than to provide telephone services or any other purposes not sanctioned by the permittee’s CPCN; or (2) the City determines that applicable laws, which includes without limitation California Public Utilities Code § 7901 as may be amended or superseded in the future, do not preclude the City’s right to impose any other lawful requirements not contained in this permit or these standard conditions. The foregoing condition is not applicable to a permittee subject to DIVCA that represents its status as a DIVCA certificate holder to use the City’s right-of-way. DIVCA certificate holders must comply with DIVCA with respect to making payments to the City.
(f) Installation, Construction, Excavation and Other Work. (1) General Work Standards. The permittee shall perform all installation, construction, excavation and other work in connection with the facilities (i) in accordance with the terms and conditions in the Imperial Beach Municipal Code, this permit and any other applicable laws; (ii) at the permittee’s sole cost and expense, and at no cost to the City; (iii) in strict compliance with the approved plans, specifications and conditions associated with this permit; (iv) in a safe, diligent, skillful and workmanlike manner; and (v) to the Director of Public Works’ reasonable satisfaction.
(2) Worker Qualifications; Responsibility for Agents and Contractors. Permittee shall ensure that its employees, agents and/or contractors which perform work in or about the City are adequately trained and skilled to access structures and infrastructure in accordance with all applicable industry and governmental standards and regulations. Permittee shall use only qualified and trained persons and appropriately licensed contractors for all installation, construction or other work performed in or about the City. Except for minor and routine repair and maintenance of Permittee’s Equipment, as determined by the City, at least five business days before any installation, construction or other work commences in or about the City, Permittee shall provide the City with (a) a schedule with all activities to be performed in connection with the installation, construction or other work; and (b) a list with all the names; contractors’ state license numbers and license category; contractors’ workers’ compensation insurance information; contractors’ federal tax identification number; certifications, licenses, or safety training required for contractors’ work; and contact information for all contractors, or subcontractors, who will perform the installation, construction or other work in the City.
(3) Excavation Monitoring and Protection. Any excavation performed in the public rights- of-way must be monitored by the permittee for any lateral movement, trench failures and other similar hazards. The permittee shall, at the permittee’s sole cost and expense, repair any damage (which includes without limitation any subsidence, cracking, erosion, collapse, weakening and/or any loss or reduction in lateral or subjacent support) to the public rights-of-way, any adjacent private property, any utility lines or systems (whether overhead or underground) and any

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sewer and/or water lines or systems resulting from or in connection with any excavation by the permittee or its agents. All repair or restoration work performed pursuant to this condition shall be performed under the Director of Public Works’ supervision and to the Director of Public Works reasonable satisfaction. (4) Public Notice. Prior to commencing any work, the permittee shall provide advanced notice of the planned work to those residences and businesses located within 50 feet of the work area in the manner and form as prescribed by the Director of Public Works or as expressly provided in any permit. (5) Inspections. The City shall have the right to inspect the permittee’s facilities at any time during any construction, installation or other work in connection with any permit. Within 5 business days after the permittee completes any installation, construction, excavation or other work, the permittee shall provide the City with a written notice that confirms the precise locations and dates on which the permittee completed the work. Additionally, if the permittee is not a utility provider holding a CPCN or DIVCA certificate registered with the CPUC, within 5 days after the permittee completes any electrical work, the permittee shall, at the permittee’s sole cost and expense, have a licensed electrician, selected by the permittee from the City’s list of pre-approved contractors, provide the City with a written report verifying that the permittee’s electrical work associated with the facilities was done in strict compliance with all applicable electrical regulations, which may include, without limitation, the utility service provider’s standards, specifications and/or other requirements; the Imperial Beach Municipal Code; the National Electric Safety Code; San Diego Regional Standard Drawings; the California Building Code and the California Electric Code, as either may be adopted by the City with any legally permitted amendments. The City shall have the right to inspect the permittee’s facilities at any time after the permittee completes any construction, installation or other work in connection with any permit. If the City discovers any defects or non-compliant conditions in connection with the facilities, the permittee shall, at the permittee’s sole cost and expense, correct any such defects and conditions within the time period specified in the written notice from the City. If no time period is specified in the written notice, the default time for such corrections shall be 30 days from the date of the written notice; provided, however, that defects or non-compliant conditions that threaten public health and safety or threaten to cause imminent property damage shall be immediately corrected by the permittee. Such period may be extended by the City at its discretion upon written request from the permittee where the permittee shows good cause as to why additional time is reasonably required to complete the necessary work. The permittee shall promptly reimburse the City for all actual, reasonable and documented costs incurred in connection with any inspections or re-inspections by the City. The City’s final inspection will occur after: (i) all surface improvements have been restored; (ii) all construction debris, excess materials, traffic control devices, and equipment have been removed; and (iii) the site has been cleaned and rendered safe for pedestrian and vehicular traffic by the Director of Public Works. Any work performed by the permittee without an inspection is subject to rejection and removal by the City at permittee’s expense in accordance with applicable laws.
(6) As-Built Plans and Maps. Within 30 days after the permittee notifies the City that the work has been completed (or such other time as may be specified by the

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Director of Public Works in writing), the permittee shall file as-built plans and maps in a format specified by the Director of Public Works. In addition to any format required by the Director of Public Works, all as-built plans and maps shall include digital copies in a native format compatible with the City’s document management, GIS and/or other digital information management systems. The permittee’s as-built plans and maps must show the accurate location and dimensions for all facilities. The City shall have the right to reject any as-built plans or maps for cause, in which case the permittee shall file revised as-built plans and/or maps within 30 days after notice from the City (or such other time as may be specified by the Director of Public Works in writing). The City shall not close the permit until the as-built plans and maps required in this condition have been provided by the permittee.
(g) Ongoing Maintenance and Repairs.
(1) General. The permittee shall be solely responsible for any repairs or maintenance required to keep its facilities in a clean, safe and code-compliant condition for as long as the facilities are located in the public right-of-way. The permittee, at its sole cost and expenses, shall complete any repair damage to its facility within: (i) 30 days after the permittee discovers or receives notice (written or verbal) that such damage exists or (ii) immediately if such repairs are necessary to preserve life or property. All repair or restoration work performed pursuant to this condition shall be performed under the Director of Public Works’ supervision and to the Director of Public Works’ satisfaction.
(2) Graffiti. The permittee shall be solely responsible for graffiti removal on its facilities and any marking into or defacing of paved or concrete surfaces surrounding its facilities within the public rights-of-way. The permittee, at its sole cost and expenses, shall remove any graffiti from its facilities within 10 days after the permittee discovers or receives notice (written or verbal) that such graffiti exists on its facilities.
(3) Routine Inspections. The permittee shall regularly inspect its facilities at least once per calendar year to assess its compliance with the requirements in the Imperial Beach Municipal Code, this permit and other applicable laws and determine the need for maintenance and/or graffiti abatement. (4) Damage to Landscape Features. The permittee shall replace any public or private landscape features damaged or displaced by the construction, installation, excavation operation, maintenance or other work performed by the permittee or at the permittee’s direction in connection with this permit and/or the facilities. If any trees are damaged or displaced, the permittee shall hire and pay for a licensed arborist to select plant and maintain replacement landscaping in an appropriate location for the species. Only International Society of Arboriculture certified workers under the supervision of a licensed arborist shall be used to install the replacement tree(s). Any replacement tree must be substantially the same size as the damaged tree or as otherwise approved by the City. If the permittee does not replace such damaged or displaced landscape features, including trees, the permittee shall pay in-lieu fee to the City for such replacement required by this condition, and such in-lieu fee shall be based on the City’s actual, reasonable and documented costs for such landscape replacement. The

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permittee shall assume any and all responsibility for restoration, repair and/or replacement of its facilities should any part of its facilities be damaged by root intrusion by a City street tree or landscaping.
(h) Facility Identification. The permittee shall permanently affix a metal placard on each surface-mounted and above-ground facility within the City’s right-of-way that contains the permittee’s (1) name; (2) facility-specific identification information; and (3) telephone number to be used to report damage, required maintenance, graffiti or other similar matters to the permittee about the facility. Such signage must be displayed in a conspicuous manner, be visually appealing and maintained and/or replaced as may be necessary.
(i) Liability.
(1) Generally. Each permittee shall be responsible for the work performed and completed operations in connection with the permit and shall be liable for any consequences that result from the installation, construction, excavation or other work and any condition thereof for the lifetime of such work. The permittee shall not be excused from such responsibility and liability based on any permit issuance, inspection, repair, suggestion, approval or acquiescence by any person affiliated with the City.
(2) Consequential, Indirect or Punitive Damages. Without limiting any indemnification obligation placed on the permittee or other waivers contained in the Imperial Beach Municipal Code or this permit, the permittee fully releases, waives and discharges forever any and all claims against the City for consequential and incidental damages that may arise from or in connection with any permit or the permittee’s use on, in, under or about the City’s right-of-way, which includes without limitation any lost profits related to any disruption to the permittee’s facilities, any interference with uses or operations conducted by the permittee, from any cause whatsoever, and each party covenants not to sue for such damages the City, the City’s departments and each other’s agencies, officers, City Engineers and employees, and all persons acting by, through or under them. Notwithstanding the foregoing, the foregoing waiver by the permittee shall not apply to consequential or indirect damages that may arise from the City’s sole active negligence or willful misconduct.
(3) No Personal Liability for City Personnel. In no event will any City Council, commission, board, agency, member, officer, employee, consultant, volunteer or other agent (collectively, the “indemnified City parties”) be personally liable to the permittee, its successors or assigns, for any default, breach, other nonperformance or sum unpaid sum by the City. The provisions in this condition shall survive this permit’s revocation, termination or expiration. (j) Indemnification.
(1) Permittee’s Indemnification Obligations. The permittee, for itself and its successors and assigns, shall indemnify, defend and hold the indemnified City parties harmless from and against any and all claims, incurred in connection with or arising in whole or in part from any act or omission by the permittee or its agents, licensees, customers or invitees in connection with any permit or permit

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condition, any facility or any regulatory approvals, but except to the extent that that such claim is caused by the City’s sole active negligence or willful misconduct. Permitee’s obligations under this condition include, without limitation, all reasonable fees, costs and expenses for attorneys, consultants and experts, and the City’s actual and reasonable costs to investigate and defend against any claim. The permittee expressly acknowledges and agrees that: (a) the permittee has an immediate and independent obligation to defend any indemnified City parties from any claim that actually or potentially falls within this condition, even when the allegations in the claim are or appear to be groundless, fraudulent or false; and (b) the permittee obligations arise at the time any indemnified City parties tender a claim to the permittee and, to the extent that such claim actually falls within this condition, continue until such claim’s final, non- appealable resolution. The permittee obligations under this condition shall not be limited by any provision of insurance coverage that either the permittee or the City may have in effect during any permit and shall survive any permit’s revocation, termination or expiration.
(2) Permittee’s Defense of the City. In the event that any claim is brought against any indemnified City parties in connection with any subject matter for which any indemnified City parties are indemnified by the permittee under any permit, the permittee shall, upon written notice and at the permittee’s sole cost and expense, resist and defend against such claim with competent and experienced legal counsel reasonably acceptable to the City. The City shall not unreasonably withhold or delay its consent to legal counsel selected by the permittee; provided, however, that the City may reject any proposed legal counsel that:
(a) is not duly licensed to practice law in the State of California by the State Bar of California; (b) has any past or pending disciplinary actions by any United States tribunal or state bar association; or (c) has any actual or potential conflicts of interest with any indemnified City parties who would be represented by such proposed legal counsel. The permittee shall not, without the City’s written consent, enter into any compromise or settlement agreement on any indemnified City parties’ behalf that: (x) admits any liability, culpability or fault whatsoever on any indemnified City parties’ part; (y) requires any indemnified City party to take or refrain from any action, which includes without limitation any change in the City’s policies or any monetary payments; or (z) does not include an unconditional release of all claims. Nothing in these conditions shall be construed to limit or preclude any indemnified City parties or their respective legal counsel from cooperating with the permittee and/or participating in any judicial, administrative, alternative dispute resolution or other litigation or proceeding. The permittee’s obligations under this condition shall not be limited by any provision of insurance coverage that either the permittee or the City may have in effect during any permit and shall survive any permit’s revocation, termination or expiration. (k) Insurance.
(1) Types; Amounts. The permittee shall maintain insurance of the types and amounts described below for the term of this permit or as long as the permittee’s facilities remain in the public rights-of-ways subject to the completion of any removal or restoration requirements, whichever is longer. Additionally, the permittee shall require its contractors to procure and maintain insurance of the types and in the amounts described below for the duration that such contractors

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and subcontractors perform any work in the public rights- of-way and such insurance must cover both the contractors and their subcontractors unless the subcontractors procure and maintain insurance of the types and in the amounts described below. If any of the required insurance contains a general aggregate limit, such insurance shall apply separately or be no less than two times the specified occurrence limit unless an aggregate limit is specified below. (A) Commercial General Liability Insurance. Insurance Services Office Occurrence form or equivalent providing coverage at least as broad as CG 00 01 which shall cover liability arising from any and all personal injury or property damage, including ongoing and completed operations, in the amount no less than $2,000,000.00 per occurrence and subject to an annual aggregate of $4,000,000.00. If limits apply separately to this project (CG 25 03 or 25 04) the general aggregate limit shall not apply. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. CGL insurance must include coverage for the following: Bodily Injury and Property Damage; Personal Injury/Advertising Injury; Premises/Operations Liability; Products/Completed Operations Liability; Aggregate Limits that Apply per Project; Explosion, Collapse and Underground (“UCX”) exclusion deleted; Contractual Liability with respect to the permit; Broad Form Property Damage; and Independent Contractors Coverage. The policy shall contain no endorsements or provisions limiting coverage for: (i) contractual liability; (ii) cross liability exclusion for claims or suits by one insured against another; (iii) products/completed operations liability; (iv) prior work; (v) action over claims; or (vi) contain any other exclusion contrary to the conditions in this permit.

Completed operations coverage shall be maintained in effect for the benefit of the City for a period of 2 years following the completion of the work covered by the permit, including additional sites added later. All defense costs shall be outside the limits of the policy. If the permittee or subcontractor maintains higher limits than the limits shown above, the City shall be entitled to coverage for the higher limits maintained by the permittee and their subcontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Any excess of umbrella policies being used to meet the required limits of insurance will be evaluated separately and must meet the same qualifications as the permittees primary policy.
(B) Business Automobile Liability Insurance. Insurance Services Office Form Number CA 00 01, or a substitute form providing equivalent coverage, covering, Code 1 (any auto), with a limit no less than $1,000,000 per accident for bodily injury and property damage.
(C) Workers’ Compensation and Employers’ Liability Insurance. The permittee shall certify that it is aware of the provisions of California Labor Code § 3700, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and further certifies that the permittee will comply with such provisions before commencing work under this permit. To the extent the permittee has employees at any time during the term of this permit, at all times during the performance of the work under this permit the permittee shall

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maintain insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit no less than $1,000,000 per accident for bodily injury or disease. The permittee and subcontractors shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives.
(D) Professional Liability (Errors and Omissions) Insurance. The permittee shall maintain Professional Liability (Errors and Omissions) Insurance appropriate to the permittee’s profession, with a limit no less than $2,000,000 per occurrence or claim. This insurance shall be endorsed to include contractual liability applicable to this permit and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the permittee. “Covered Professional Services” as designed in the policy must specifically include work performed under this permit. If approved by the City Manager or designee, the permittee may satisfy this requirement with evidence that its contractor’s or contractors’ insurance policies meet the requirements in this condition. All defense costs shall be outside the limits of the policy. If permittee or contractor maintains higher limits than the limits shown above, the City shall be entitled to coverage for the higher limits maintained by the permittee or contractor. (E) Contractors Pollution Liability Insurance. The permittee shall procure and maintain at its expense Contractors Pollution Liability Insurance including contractual liability coverage to cover liability and legal expenses arising out of cleanup, removal, storage, or handling of hazardous or toxic chemicals, materials, substances, or any other pollutants by the permittee or any subcontractor resulting from pollution conditions associated with the facility with a limit no less than $2,000,000 each occurrence combined single limit for bodily injury and property damage.
(2) Claims-Made Policies. If the permittee maintains any required insurance under a claims- made form, the permittee shall maintain such coverage continuously throughout the permit term and, without lapse, for at least three years after the permit term expires so that any claims that arise after the expiration in connection with events that occurred during the permit term are covered by such claimsmade policies. (3) Umbrella or Excess Liability Policy. If an umbrella or excess liability insurance policy is used to satisfy the minimum requirements for Commercial General Liability Insurance or Business Automobile Liability Insurance coverage listed above, the umbrella or excess liability policies shall provide coverage at least as broad as specified for the underlying coverages and covering those insured in the underlying policies. Coverage shall be “pay on behalf,” with defense costs payable in addition to policy limits. The other insurance section of the umbrella or excess liability policy shall specify that it is primary and noncontributory to any insurance held by the City.
(4) Self-Insured Retentions. Any self-insured retentions are the responsibility of the permittee and must be declared to and approved by the City. At the option of the City, either (i) the insurer shall reduce or eliminate such self-insured retentions as

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respects the City, its officers, officials, employees, and representatives, or (ii) the permittee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
(5) Additional Insured; Separation of Insureds. The required commercial general liability and business automobile liability insurance shall name the City of Imperial Beach, its elected officials, officers, employees, agents, consultants and volunteers as additional insureds with respect to work performed by or on behalf of the permittee or its contractors, including materials, parts, or equipment furnished in connection therewith. The additional insured endorsement shall be an ISO Form 20 10 11 85 or an ISO Form 20 10 10 01 and 20 37 10 01, or their equivalent. The required insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to the City, its elected officials, officers, employees, agents, consultants and volunteers.
(6) Primary Insurance. The required insurance shall be primary with respect to any insurance or self-insurance programs covering the City, its elected officials, officers, employees, agents, and volunteers as reflected in an endorsement at least as broad as CG 20 01 04 13, which shall be submitted to the City. (7) Certificates. Before the City issues any permit, the permittee shall make available to the City insurance certificates, in a form satisfactory to the City, that evidence all the coverage required above if a current and valid insurance certificate is not already on file with the Public Works/Engineering Department. In addition, the permittee shall promptly make available in the presence of the permittee’s representative complete copies of all insurance policies upon a written request by the City. Any failure by the permittee to comply with insurance requirements before permit issuance shall not relieve the permittee of any of its insurance related obligations, nor constitute any waiver of such requirements, and permittee shall provide insurance certificates and comply with all insurance conditions immediately and, in any event, before commencing construction. (8) Term; Cancellation Notice. The permittee shall maintain the required insurance throughout the permit term and shall replace any certificate, policy, or endorsement which will expire prior to that date. The permittee shall ensure any contractors who perform work for the permittee in the public rights-of-way also maintain the required insurance. The permittee shall provide the City 30 days’ prior written notice of cancellation except for non-payment of premium for which a 10 day notice will be provided for all applicable policies. The permittee shall promptly take action to prevent cancellation or suspension, reinstate cancelled coverage or obtain coverage from a different qualified insurer. (9) Insurer Rating. Unless approved in writing by the City, all required insurance shall be placed with insurers authorized to do business in the State of California and with a current
A.M. Best rating of at least A-:VII.
(10) Self-Insurance. The City may accept self-insurance only when the permittee provides the City with a bond or other surety in a form acceptable to the Director

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of Public Works and at least as broad as the requirements specified above. (11) Alternative Insurance Policies. The City recognizes that a permittee may carry one or more insurance policies that may provide equivalent or superior coverage as compared to the policies described above, or the permittee may be required to carry similar or superior policies by reason of a statewide franchise.

Notwithstanding anything in these conditions to the contrary, the City may accept alternative insurance policies carried by the permittee so long as the policy(ies) are in a form acceptable to the City Manager or designee and at least as broad as the requirements specified above as determined by the City Manager or designee.
(l) Hazardous Materials.
(1) Compliance with Environmental Laws. The permittee covenants and agrees that neither the permittee nor its agents or invitees will cause or permit any hazardous material to be transported to or from or be brought upon, kept, used, stored, generated, disposed of or released in, on, under or about the public rightsof-way or any other City property, in whole or part, or transported to or from any City property in violation of any law in relation or connection to industrial hygiene, environmental conditions or hazardous materials (“environmental laws”), except that the permittee may use small quantities of hazardous materials as needed for routine operation, cleaning and maintenance of the permittee’s facilities that are customarily used for routine operation, cleaning and maintenance of such facilities and so long as all such hazardous materials are contained, handled and used in compliance with all environmental laws. As used in these conditions, “hazardous material” means any material that, due to its quantity, concentration or physical or chemical characteristics, is at any time now or hereafter deemed by any local, regional, state or federal body with jurisdiction and responsibility for issuing regulatory approvals in accordance with applicable laws to pose a present or potential hazard to human health, welfare or safety, or to the environment. The term “hazardous material” as used in these conditions will be broadly construed, and includes, without limitation, the following: (i) any material or substance defined as a “hazardous substance”, or “pollutant”’ or “contaminant” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (codified as 42 U.S.C. §§ 9601 et seq.) or California Health & Safety Code § 25316; (ii) any “hazardous waste” listed California Health & Safety Code § 25316; or (iii) any petroleum, including crude oil or any fraction thereof, natural gas or natural gas liquids.
(2) Hazardous Materials Release Notice. The permittee shall promptly notify the City if and when the permittee learns or has reason to believe any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing of hazardous materials (each such event, a “release”) has occurred in, on, under or about the public rights-ofway or other City property caused by the permittee, its agents or its invitees, however, no violation may be declared by the City pursuant to this condition unless the permittee has actively concealed the hazardous material release from the City after the permittee learns or has reason to believe that the hazardous material release has occurred. The permittee will not be deemed to have assumed liability for any such release by giving such notice, except that the

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permittee may be liable to the extent that such release was caused by or arose in connection with the permittee’s or its agent’s or invitee’s acts, omissions, or negligence.
(3) Permittee’s Hazardous Material Indemnification Obligations. If the permittee breaches any obligations contained in this condition, or if any act, omission or negligence by the permittee or its agents or invitees results in any contamination on or about the public rights-of-way or other City property, or in a hazardous material release from, on, about, in or beneath the public rights-of-way or any other City property, in whole or in part, or any environmental law violation, then the permittee, for itself and its successors and assigns, shall indemnify, defend and hold the City and any indemnified City parties harmless, from and against any and all claims (including damages for decrease in value of the public rightsof-way or other City property, the loss or restriction of the use of usable space in the public rights-of-way or other City property and sums paid in settlement of claims, reasonable attorneys’ fees, consultants’ fees, and experts’ fees and related costs) that arises during or after the term of any permit related to or in connection with such release or violation; provided, however, the permittee shall not be liable for any claims to the extent such release or violation was caused by the City’s sole active negligence or willful misconduct. The permittee’s indemnification obligation includes all costs incurred in connection with any activities required to investigate and remediate any hazardous material brought or released onto the pubic rights-of-way or other City property by the permittee or its agents or invitees and to restore the public rights-of-way or other City property to its condition prior to such introduction or release, or to correct any environmental law violation. The permittee specifically acknowledges and agrees that it has an immediate and independent obligation to defend the City and the other indemnified City parties from any claim that actually or potentially falls within this indemnity provision even if the allegations supporting the Claim are or may be groundless, fraudulent or false, and that said obligation arises at the time such claim is tendered to the permittee by the indemnified City party and, to the extent the claim falls within this provision, continues until the claim is finally resolved.

Without limiting the foregoing, if the permittee or any of its agents or invitees causes any hazardous material release on, about, in or beneath the public rightsof-way or other City property, then in any such event the permittee shall, promptly, at no expense to any indemnified City party, take any and all necessary actions to return the public rights-of-way and/or other City property, as applicable, to substantially the same condition existing prior to such hazardous material release on the public rights-of-way or other City property or otherwise abate the release in accordance with all environmental laws, except to the extent such release was caused directly by the City’s gross negligence or willful misconduct. The permittee shall afford the City a full opportunity to participate in any discussions with regulatory agencies regarding any settlement agreement, cleanup or abatement agreement, consent decree or other compromise or proceeding that involves hazardous material release covered under this condition. Notwithstanding the foregoing or any other provision in the Imperial Beach Municipal Code or this permit, the permittee shall not be liable or responsible for environmental or industrial hygiene conditions that existed before the issuance of the applicable permit, or that otherwise did not result from the activities of the permittee. The permittee’s obligations under this condition shall not be limited by any provision of insurance coverage that either the permittee or the City may have in effect

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during any permit and shall survive any permit’s revocation, termination or expiration.
(m) Taxable Possessory Interest. The permittee agrees to pay when due (and prior to delinquency) any and all taxes, assessments, charges, excises and exactions whatsoever, including without limitation any possessory interest taxes, that arise from or in connection with the permittee’s use within the public rights-of-way or the permittee’s facilities that may be imposed on the permittee under applicable laws.

The permittee shall not allow or suffer any lien for any taxes, assessments, charges, excises or exactions whatsoever to be imposed on the public rights-of-way or the permittee’s facilities. In the event that the City receives any tax or assessment notices on or in connection with the public rights-of-way or the permittee’s facilities, the City shall promptly (but in no event later than 30 calendar days after receipt) forward the same, together with reasonably sufficient written documentation that details any increases in the taxable or assessable amount directly attributable to the permittee’s facilities. The permittee understands and acknowledges that any permit may create a possessory interest subject to taxation and that the permittee will be required to pay any such possessory interest taxes. The permittee further understands and acknowledges that any sublicense or assignment under any permit and any options, extensions or renewals in connection with any permit may constitute a change in ownership for taxation purposes and therefore result in a revaluation for any possessory interest created under the permit.
(n) Records. The permittee shall maintain throughout the term of any permit, and for at least four years after any permit expires or terminates, the following records in an electronic format: (1) identification information and physical location including but not limited to a physical address and GPS coordinates for all facilities within the City’s territorial and/or jurisdictional boundaries; (2) a ledger or other similar document that contains the amount, payment date and reason for all sums paid to the City in connection with this permit and the facilities covered by this permit; (3) true and correct copies of all as-built plans, maps and regulatory approvals in connection with the facilities; and (4) proof of insurance and other related documents required to be carried and maintained under this permit; and (5) all correspondence with the City in connection with any matter related to any permit. The records identified in (1) and (3) shall be maintained for the duration that the facilities are located in the public rightsof-way, including after abandonment. To determine whether the permittee has fully and accurately paid all sums payable to the City in connection with this permit and the facilities covered by this permit, if any, and to determine whether the permittee has complied with its other obligations, the City, or its designee, will have the right (but not the obligation) to inspect and audit the permittee’s records pertaining to any permit during regular business hours on 10 days’ notice to the permittee and/or the permittee shall provide the City, or its designee, electronic copies of documentation reasonably required by the City to confirm the permittee’s compliance hereunder. The permittee’s obligations under this condition shall survive any permit’s revocation, termination or expiration for a minimum of four years after such event and, with respect to the records identified in (1) and (3), until four years after any permit’s revocation, termination or expiration or until the facilities are removed from the public rights- of-way, whichever is later.
(o) Rearrangement and Relocation.

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(1) Rearrangement and Relocation for City Work. The permittee acknowledges that the City, for a valid governmental purpose, in its sole discretion and at any time, and in compliance with any applicable laws may: (i) change any street grade, alignment, width or location; (ii) add, remove, operate, repair, maintain, relocate or otherwise change any improvements owned by the City or any other public agency located in, on, under or along any public rights-of-way, which includes without limitation any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water, electric, communications or telecommunications; (iii) underground or aboveground facilities; and/or (iv) plan capital improvement projects and perform any other work deemed necessary, useful or desirable by the City (collectively, “City work”). In the event that the Director of Public Works reasonably determines that any City work will require the facilities to be removed, rearranged and/or relocated, the permittee shall, at its sole cost and expense, do or cause to be done all things necessary to accomplish such removal, rearrangement and/or relocation. Said removal, rearrangement or relocation shall be completed within sixty (60) days of notification by City. Any removal of facilities shall be without regard to whether the facilities can be relocated. Permittee must apply within thirty (30) days of notification by City for all necessary permits to relocate or rearrange said facilities to such other location or locations on or about the public right-of-way as may be then available and pay all permitting fees. Extension(s) of permits may be requested before expiration in accordance with City’s regular permitting process, extension, time and fee requirements. Nothing in this permit shall be interpreted to imply any rights with respect to priority related to encroachment into or remaining availability of space in the public rights-of-way. Permittee acknowledges that encroachment permits with respect to any particular location are granted on a first come, first served basis and that when space usable for non-municipal purposes in any public rights-of-way is exhausted, an encroachment permit or addition to a master encroachment permit covering the new site will not be granted.
(2) Removal, Rearrangement or Relocation by City. If the permittee fails or refuses to either permanently or temporarily remove, rearrange and/or relocate the facilities within the time specified in the above condition, the City may (but will not be obligated to) cause the removal, rearrangement or relocation (at the City’s option) to be performed at the permittee’s sole cost and expense. The City may exercise its rights to remove, rearrange or relocate the facilities without prior notice to the permittee when the Director of Public Works determines that the City work is immediately necessary to protect public health or safety. The permittee shall reimburse the City for all actual, reasonable and documented costs and expenses in connection with such work within 30 days after a written demand for reimbursement. In addition, the permittee shall indemnify, defend and hold any and all indemnified City parties harmless from and against any claims in connection with removing, rearranging or relocating the facilities, or turning on or off any water, oil, gas, electricity or other utility service in connection with the facilities. Within 30 days after any facilities have been rearranged or relocated (or such other time as may be specified by the Director of Public Works in writing), the permittee shall file as-built plans and maps with the Director of Public Works in the same manner and subject to the same requirements as provided in condition (f)(6).

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(3) Removal, Rearrangement and Relocation for Emergencies. In the event of an emergency, or where the permittee’s facilities create or are contributing to an imminent danger to health, safety or property, the City may remove, relay or relocate any or all parts of those facilities without prior notice; however, the City shall make reasonable efforts to provide prior notice. Notwithstanding the foregoing, if the City has not provided notice in advance of taking such action, the City shall provide such notice as soon as practical after taking such action. In the event that any removal of facilities is necessary due to a conflict with a City capital improvement project, the City shall have the right, but not the obligation, to remove permittee’s conflicting facilities, at Carrier’s sole expense, upon seventytwo (72) hours’ notice to permittee by the City. (4) Rearrangement and Relocation to Accommodate Permittee. If the public rights-of- way to be used by the permittee have preexisting installations placed in the said public rights-of-way, the permittee shall assume the responsibility to verify the location of the preexisting installations and notify, consistent with applicable laws, the City and any third- party owner of such preexisting installations. The cost of any work required of such third- party owner or the City to provide adequate space or required clearance to accommodate the permittee’s installation shall, consistent with applicable laws, be borne solely by the permittee. Except as required by applicable laws, the City is under no obligation to move its existing installations out of the way to accommodate or make room for the permittee’s facilities.
(5) Rearrangement and Relocation to Accommodate Third Parties. The permittee shall reasonably cooperate with and promptly respond to requests to rearrange or relocate the facilities to accommodate third parties authorized to use the public rights-of-way (“third- party accommodations”) within 30 days of such request. All reasonable costs to perform any third-party accommodations shall be borne by the person or entity to be accommodated; provided, however, that the permittee shall be solely responsible to collect any costs incurred by the permittee from such third party and the City shall have no liability to the permittee for any such costs. Prior to any third-party accommodations performed by the permittee, the permittee shall be permitted to require a written agreement signed by the person or entity to be accommodated to indemnify, defend and hold the permittee and its agents harmless from and against any and all claims that arise in connection with the proposed third-party accommodations, except to the extent any claims are directly caused by the permittee’s or its agent’s negligence or willful misconduct. Nothing in this permit shall be construed to require the permittee to perform any third- party accommodations that would materially reduce, impair or otherwise diminish the permittee’s facilities or the permittee operations on the encroachment area. Within 30 days after any third-party accommodations, the permittee shall file as-built plans and maps with the Director of Public Works in the same manner and subject to the same requirements as provided in condition (f)(6). The permittee shall not agree or knowingly allow any third party to connect to or in any way utilize its facilities without such third party obtaining the proper permits, approvals and agreements from the City, as may be applicable, and paying to City any applicable fees, if any. (6) No Right to Relocate City Property. Nothing in this permit will be construed to require the City or authorize the permittee to change any street grade, width or

Attachment 2
location, or add, remove or otherwise change any improvements owned by the City or any other public agency located in, on, under or along any public rightsof-way, which includes without limitation any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water, electric, communications or telecommunications, for the permittee’s or any third party’s convenience or necessity.
(p) Removal; Restoration. No later than 30 days after a permit expires or terminates, as the case may be, the permittee shall: (1) peaceably remove its facilities from the public rights-of-way affected by the expiration or termination; (2) restore any such public rights-of-way and other City property affected by the removal to the condition that existed immediately before the permittee installed its facilities, reasonable wear and tear and loss by casualty or other causes beyond the permittee’s control excepted; and (3) surrender such public rights-of-way to the City free and clear from any debris, hazards, liens and encumbrances caused by the permittee. If the permittee fails to timely perform its removal and restoration obligations under this permit, then: (i) the permittee shall remain responsible for all its obligations under the same and liable for all claims that may arise in connection with the facilities through and until such facilities are completely removed and the affected areas are completely restored; (ii) the City shall have the right (but not the obligation) to perform such obligations; (iii) the City shall have the right to store, sell or destroy any facilities, improvements, personal property or other things installed by the permittee in connection with the applicable permit; and (iv) the permittee shall reimburse the City for all actual, reasonable and documented costs incurred by the City in connection with such removal and restoration work within 30 days after a written demand for reimbursement and reasonable documentation to support such costs. Within 30 days after any facilities have been removed, the permittee shall file as-built plans and maps with the Director of Public Works in the same manner and subject to the same requirements as provided in condition (f)(6). The obligations under this condition shall survive any permit’s expiration or termination. Permittee’s funds in trust and agency accounts, bonds and deposits shall not be released until all the obligations under this condition have been complied with.
(q) Abandonment. If any portions of the facilities covered under any permit are no longer used by the permittee, or are abandoned for a period of at least 3 months, the permittee shall notify City and shall either promptly vacate and remove the facilities at its own expense and in accordance with the Imperial Beach Municipal Code and this permit or, at the discretion of the Director of Public Works, with written approval, may abandon or temporarily abandon some or all of the facilities in place. The City may require the permittee to remove at its expense, or at the discretion of the Director of Public Works, abandon or temporarily abandon in place, any portion of the facilities that the permittee has not used for a period of at least 3 months. Notwithstanding the foregoing, this condition shall not apply to facilities installed to meet future demand or needs for capacity and identified as such to the City on permittee’s most recent annual capital improvement forecast report. If the permittee fails to remove the unused or abandoned facilities and restore the public rights-of-way as provided in condition (p) within 60 days of receiving notice from the City and the Director of Public Works has not approved abandonment in place, the City may, but shall not be obligated to, remove the facilities at the sole expense of the permittee, and the permittee shall promptly reimburse the City for any and all actual, reasonable and documented expenses, including but not limited to administrative, legal and

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consultant costs, within 30 days after receiving an invoice from the City. The Director of Public Works may, in his/her discretion, condition an approval to abandon or temporarily abandon facilities in place on vacating and removing facilities and repairing and restoring the Public Right-of-Way to its pre-permit condition at permittee’s own expense at any point within 5 years of the approved abandonment or temporary abandonment upon receipt of at least 30 days’ written notice from the City that in its discretion, the facilities interfere with future improvement of the Public Right-of-Way or conflict with a City capital improvement project. Notwithstanding the foregoing, should permittee abandon or no longer use the facilities covered under any permit for a continuous 6-month period, the facilities shall automatically convey to City.
(r) Surety. Prior to commencement of construction as allowed by issuance of this permit, the permittee shall post a performance bond from a surety and in a form acceptable to the City Manager of designee in accordance with applicable law, including without limitation, Imperial Beach Municipal Code, and based on a written estimate from a qualified contractor with experience in infrastructure removal or registered civil engineer. The written estimate must include the cost to remove all facilities and other improvements constructed or installed in connection with the facilities, plus the cost to completely restore any public rights- of-way and areas affected by the removal work to a standard compliant with applicable laws. The Director of Public Works, in the Director of Public Works’ sole discretion, may authorize the permittee to post a single performance bond to cover multiple site or permits subject to the City’s rules and regulations if the amount for additional permits is increased in accordance with the terms of this condition. The performance bond required by this condition shall expressly survive the duration of the permit term to the extent required to effectuate a complete removal of the facilities as required by the City rules and regulations. Any failure by permittee to comply with this condition before permit issuance shall not relieve the permittee of any of its bond related obligations, nor constitute any waiver of such requirements and permittee shall post the required bond immediately and, in any event, before commencing construction. Upon the completion of construction allowed by issuance of this permit and submittal of as-built drawings to City by permittee, City shall inspect the completed construction within 30 days. Upon inspection and approval by City, City shall release the performance bond associated with the inspected and approved work within 30 days of final approval by City. (s) Annual Capital Improvement Forecasts. Upon at least 60 days’ prior written notice from the City, but in no event more than once per year, the permittee shall submit a projected capital improvement forecast for its operations within the City’s territorial and jurisdictional boundaries. The capital improvement forecast must include anticipated schedules for all new facilities and repairs, replacements and modifications to existing facilities to the extent feasible and with sufficient detail to allow the City to coordinate its own public improvements and other capital improvement projects by third parties. The permittee shall also participate in any periodic capital improvement meetings held between the City and other utility or communications providers that deploy facilities in the public rights-of-way. (t) Cooperation with Other Utilities. Upon written notice by the City, the permittee agrees to reasonably cooperate in the planning, locating and constructing of its facilities in utility joint trenches or common duct banks with other similar utilities providers and/or City projects, and to participate in cost-sharing for the joint trench

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and ducts, when other entities are proposing excavation in the same public rights-ofway or when an underground project is being planned by the City. The foregoing shall not apply when the permittee’s excavation work is due to an emergency or other maintenance or repair event that requires urgent action, or when excused by the Director of Public Works for good cause. Permittee shall participate in periodic coordination meetings as requested by the City with other utilities and affected public agencies. The purpose of these meetings shall be to coordinate activity between public works projects and utility projects in the public right-of-way, minimize impacts of construction on the community or any other lawful purpose related to this permit or the facilities.
(u) Potholing. Within a time specified by the Director of Public Works (but not less than 21 business days after the permittee’s receipt of a written request from the City), the permittee shall, at its sole cost and expense, expose its subsurface facilities by potholing (digging a test hole) to a depth of one foot (1') below the bottom of such facility. If the permittee fails to perform the potholing, the City may (but shall not have the obligation to) proceed on the permittee’s account and the permittee shall promptly reimburse the City for the actual, reasonable and documented cost of same, including without limitation administrative and actual legal costs, and the City is hereby held harmless and indemnified by the permittee for any loss and/or damages resulting from the City’s performance of the required work, except to the extent that such loss and/or damages are caused by the City’s sole active negligence or willful misconduct.

The provisions of this condition shall be applicable only to potholes required in connection with a public works project by the City. All work performed by the permittee pursuant to this condition shall be subject to the standard permit and restoration requirements applicable to potholing. The Director of Public Works shall use best efforts to expedite review and approval for any permit applications for potholing under this condition. Provided that the permittee submits an application within 21 business days after the City’s written request for potholing, the timeframes in this condition shall be automatically extended by the number of days between the permittee’s submittal of an application and the City’s approval of the application.

Notwithstanding anything in this condition to the contrary, if the City’s project requires more than 10 potholes in a 30-day period, the Director of Public Works shall first confer with the permittee and establish a reasonable timeframe for performance of the work, which may include, without limitation, an agreement in advance for the City to perform the work at the permittee’s cost.
(v) Permittee’s Contact Information. At all times relevant to this permit, the permittee shall keep on file with the Director of Public Works basic contact and site information.

This information shall include, but is not limited to, the following: (a) the name, physical address, notice address (if different), direct telephone number and email address for (i) the permittee and, if different from the permittee, the (ii) site operator, (ii) equipment owner, (iii) site manager and (iv) agent for service of process; (b) the regulatory authorizations held by the permittee and, to the extent applicable, site operator, equipment owner and site manager as may be necessary for the facility’s continued operation; (c) a list of all facilities and the facility site identification number and/or name used by the permittee and, to the extent applicable, site operator, equipment owner and site manager; and (d) a toll-free telephone number to the facility’s network operations center where a live person is available 24 hours-per-day, seven days-per- week. Within 10 business days after a written request by the City, the permittee shall furnish the City with an update that includes all the most-current

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information described in this condition.
(w) Business License. The permittee is required to obtain and maintain a City business license during the term of this permit. The permittee’s contractors or subcontractors, if any, are required to obtain and maintain a City business license for the duration of time that the contractors or subcontractors are performing work on the permittee’s behalf.
(x) Truthful and Accurate Statements. The permittee acknowledges that the City’s approval relies on the written and/or oral statements by the permittee and/or persons authorized to act on the permittee’s behalf. In any matter before the City in connection with the permit or the facilities approved under the permit, neither the permittee nor any person authorized to act on the permittee’s behalf shall, in any written or oral statement, intentionally provide material factual information that is incorrect or misleading or intentionally omit any material information necessary to prevent any material factual statement from being incorrect or misleading. (y) Successors and Assigns. The conditions, covenants, promises and terms contained in this permit will bind and inure to the benefit of the City and the permittee and their respective successors and assigns.
(z) Severability of Conditions. If any provision in these conditions or such provision’s application to any person, entity or circumstances is or held by any court with competent jurisdiction to be invalid or unenforceable: (1) such provision or its application to such person, entity or circumstance will be deemed severed from this permit; (2) all other provisions in this use permit or their application to any person, entity or circumstance will not be affected; and (3) all other provisions in this permit or their application to any person, entity or circumstance will be valid and enforceable to the fullest extent permitted by law.

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October 18, 2023
ITEM TITLE: NON-INCLUSIVE LICENSE AGREEMENT FOR A DISH WIRELESS CELLULAR SITE AT CITY HALL. (0800-50)
ORIGINATING DEPARTMENT:

Community Development
EXECUTIVE SUMMARY:

DISH Wireless, LLC, has requested a license to access a portion of City Hall, located at 827 Imperial Beach Boulevard in the PF (Public Facilities) Zone, for the purpose of locating a wireless communication facility on an existing 70-foot monopole as approved through a City of Imperial Beach building permit and subject to Imperial Beach Municipal Code Chapter 19.90, Wireless Communications Facilities. The initial term of the Agreement is for five years with four automatic successive five-year extension terms. Annual rent in the amount of $28,800 plus a one-time payment of $5,000 shall be due to the City for the use of the premises. Rent shall increase by 4% each new calendar year.

RECOMMENDATION:

That the City Council adopts Resolution 2023-86 authorizing a non-exclusive License Agreement with DISH Wireless, LLC to provide access to 827 Imperial Beach Boulevard (632-111-27-00) for the installation and operation of a cellular site.

OPTIONS:

In addition to receiving this report and adopting staff’s recommendations, the City Council can:
 Approve the license agreement with modifications requested by the City Council; or  Disapprove the license agreement and deny the requested permits by making specific findings for denial; or
 Continue the item to a specific future meeting to allow staff to provide additional information upon which a decision can be rendered.

BACKGROUND/ANALYSIS:

DISH Wireless, LLC, has requested a non-exclusive license cellular site agreement (“Agreement”) to access a portion of City Hall, located at 827 Imperial Beach Boulevard, for the purpose of locating a communication facility. The final drawings would be subject to Imperial Beach Municipal Code Chapter 19.90 Wireless Communications Facilities and construction may not commence prior to the applicant obtaining a building permit from the City of Imperial Beach. The purpose of Chapter 19.90 is to establish standards for the siting, development and maintenance of wireless communications facilities and antennas throughout the city. The chapter is also intended to protect and promote the public health, safely and welfare, as well as the aesthetic quality of the city as set forth in the goals, objectives and policies of the General Plan. The project is located in the PF (Public Facility) Zone where the purpose is to accommodate public facilities and utilities.

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The proposed facility would co-locate on an existing 70-foot monopole, which recently housed two wireless carriers. One of the carriers recently decommissioned its antennas and equipment from the existing pole, and the proposed DISH Wireless antennas and equipment would locate in a similar configuration to the decommissioned antennas. The Municipal Code encourages colocation and efficient development of wireless communications to limit the amount of freestanding facilities throughout the community. As such, co-locating the proposed facility on an existing monopole that recently had a second facility would present an opportunity for efficient development.

The initial term of the agreement is for five years with four automatic successive five-year extension terms, unless earlier terminated, shall remain in effect for up to twenty-five (25) aggregate years. Each Extension Term shall be effective automatically but only if the terms and conditions set forth in the Agreement are met.

In accordance with Section 4 of the Agreement, DISH WIRELESS, LLC is to pay the City annual rent in the amount of $28,800 made in twelve (12) equal monthly installments plus a one-time payment of $5,000 for the use of the premises. Rent shall increase by 4% each new calendar year.

ENVIRONMENTAL DETERMINATION:

The proposed non-exclusive License Agreement with DISH Wireless, LLC for the installation and operation of a cellular site is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines. Section 15301 provides an exemption for minor alterations to existing facilities.

FISCAL IMPACT:

DISH Wireless, LLC shall pay the City a one-time payment in the amount of $5,000 plus annual rent in the amount of $28,800 for the use of the premises. Rent shall increase by 4% each new calendar year.

ATTACHMENTS:

ATT 1 - Resolution 2023-86
ATT 2 - SDSAN00050A Approved Executable Lease 092623

Attachment 1
RESOLUTION NO. 2023-86

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

CALIFORNIA, APPROVING NON-EXCLUSIVE LICENSE AGREEMENT FOR CELLULAR

SITE BETWEEN THE CITY OF IMPERIAL BEACH AND DISH WIRELESS, LLC FOR THE INSTALLATION OF A COMMUNICATIONS FACILITY AT 827 IMPERIAL BEACH BOULEVARD (632-111-27-00) THE PF (PUBLIC FACILITIES) ZONE.

WHEREAS, the City of Imperial Beach (“City”) owns a plot, parcel or tract of land, located at 827 Imperial Beach Boulevard, Imperial Beach, California 91932; and WHEREAS, DISH WIRELESS, LLC (“Dish”) desires to use said portion of 827 Imperial Beach Boulevard in connection with its federally licensed communications business; and WHEREAS, the City desires to grant Dish the right to use said portion of the Property in accordance with the non-exclusive license described herein to construct and install certain facilities at Dish’s sole expense; and
WHEREAS, the license authorizes only the uses specified therein and requires the written permission of the City for any other use, including the use contemplated hereunder.

WHEREAS, Dish may also want to use a portion of an existing telecommunications Monopole, which is adjacent to the Property referred to in the attached Agreement. Such monopole is not the property of City and any use of such monopole by Dish is the sole responsibility and liability of Dish. Dish must get any appropriate authorizations prior to use of such monopole, and the Agreement in no way authorizes the use by Dish of such monopole.

WHEREAS, the City, grants Dish permission to use the Property for the purposes contemplated hereunder in accordance with the terms of the Agreement.

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 and are the findings of the City Council.

2. The Agreement is exempt from CEQA pursuant to section 15301 of the CEQA Guidelines, which provides an exemption for minor alterations to existing facilities.

3. The City Council approves entering into a non-exclusive License Agreement with DISH WIRELESS, LLC to allow access to portions of City Hall located at 827 Imperial Beach Boulevard, for the installation, operation and maintenance of a cellular provided, however, that DISH WIRELESS, LLC first obtains all necessary permits related to a communication facility at the location where work is to be performed prior to any work being done at any time, including during the term of the Agreement.

4. The City Council hereby authorizes the City Manager, or such person as is designated by the City Manager, to execute the Agreement, with any such changes and refinements as may be necessary and approved by the City Manager.

5. The City Manager, or such person as is designated by the City Manager, is hereby authorized, and directed to execute any subsequent amendments to the Agreement,

Resolution No. 2023-86
Attachment 2

or other documents necessary, as may be approved by the City Manager, on behalf of the City of Imperial Beach.

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.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 18th day of October, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

1 Site Number: SDSAN00050A
Market: San Diego
Site known as: Imperial Beach City Hall Complex
APN: 632-111-27

NON-EXCLUSIVE LICENSE AGREEM ENT FOR CELLULAR SITE
This Non-Exclusive License Agreement for Cellular Site (the "Agreement") is entered into as of the date indicated on the execution page, by the City of Imperial Beach, a municipa l corporation with an address at 825 Imperial Beach Boulevard, Imperial Beach, California 91932 (the "City" and hereinafter referred to as "Grantor") and DISH Wireless L.L.C., a Colorado limite d liability company Grantee, with its principal office located at 9601 S. Meridian Blvd., Englewoo d, Colorado 80112 (hereinafter referred to as "Grantee"). Pursuant to the terms hereof, Grantor hereby grants to Grantee, its successors and assigns, a license to enter upon certain property, as more particularly described in Exhibit 1 attached hereto and incorporated herein by reference (the "Property"), subject to the terms and conditions set forth in this Agreement.

WITNESSETH:

WHEREAS, Grantor owns that certain plot, parcel or tract of land, located at 827 Imperial Beach Boulevard, Imperial Beach, California 91932, in the County of San Diego, commonly known as the City Hall Complex (referred to hereinafter as the "Property" and more particular ly described in Exhibit 1 attached hereto and incorporated herein by reference).

WHEREAS, Grantee desires to use a portion of the Property in connection with its federally licensed communications business.

WHEREAS, Grantor desires to grant to Grantee the right to use said portion of the Property in accordance with the non-exclusive license described herein to construct and install certain facilities at Grantee’s sole expense.

WHEREAS, the license authorizes only the uses specified therein and requires the written permission of the Grantor for any other use, including the use contemplated hereunder.

WHEREAS, Grantee may also want to use a portion of an existing telecommunicat io ns monopole on City property which is adjacent to the Property referred to in this Agreement. Such monopole is not the property of Grantor and any use of such monopole by Grantee is the sole responsibility and liability of Grantee. Grantee must get any appropriate authorizations prior to use of such monopole, and this Agreement in no way authorizes the use by Grantee of such monopole.

WHEREAS, Grantor, by executing and entering into this Agreement, grants written permission to the Grantee to use the Property for the purposes contemplated hereunder in accordance with the terms of this Agreement.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

Attachment 2

2 Site Number: SDSAN00050A
Market: San Diego

1. GRANT OF LICENSE.

Grantor hereby agrees to permit Grantee to locate its Communic ation Facility (as defined below in Section 2) on a portion of the Property, as more particularly described and depicted in Exhibit 2, attached hereto and incorporated herein by reference (“License”). In connection with the Communic ation Facility, Grantor grants to Grantee a license to enter upon and/or use portions of the Property consisting of the following: (i) a split configuration of ground area space of totaling approximately 30 square feet with dimensions measuring 7’ by 3’ feet and 3’ by 3’ (the "Equipment Space") and (ii) the non-exclusive license for reasonable access to the Equipment Space and existing telecommunications monopole, on foot or motor vehicle subject to notification from the Grantee and authorization from the Grantor for access, and for the installat io n and maintenanc e of utility wires, poles, cables, conduits, and pipes over, under or along a four (4) foot wide right- of-way extending from the existing monopole and existing SDGE power source, to the demised premises (said demised premises and right-of-way hereinafter collectively referred to as the "Premises") for access being substantially as depicted in Exhibit 2; provided that the access and use shall not interfere with City Hall Complex related activities.

2. PERMITTED USE/ OBLIGATIONS.
(a) Grantee may use the Premises for the transmission and reception of communications signals and the installation, construction, maintenanc e, operation, repair and replacement of its communication facility and related equipment, cables, accessories and improvements, which may include a suitable supply structure for associated antennas, underground equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Premises (collectively the "Communication Facility") as approved in the City of Imperial Beach Building Permit issued; such use may include the right to test, survey and review title on the Property (collectively, the "Permitted Use"). Grantor and Grantee agree that any portion of the Communication Facility that may be described on Exhibit 2 will not be deemed to limit Grantee's Permitted Use. Final approval of the initial installation of the Communica t io n Facility shall be made based upon final drawings. Grantee has the right to make improvements, alterations or additions to the Premises ("Grantee Changes") appropriate for Grantee's use, subjec t to prior written approval by the Grantor, which approval shall not be unreasonably withheld.

Grantee agrees to comply with all applicable governmental laws, rules, statutes and regulations, relating to its use of the Communic ation Facility, including all requirements of the Grantor set forth in its Policies and Regulations concerning Wireless Communications Facilities, as noted within Imperial Beach Municipal Code Chapter 19.90, a copy of which has been provided to Grantee, as hereafter amended or modified. Grantee has the right to, at its sole cost and expense, to modify, replace, upgrade, or relocate the Communication Facility within the Premises at any time during the term of this Agreement provided that said alterations of the Premises or actions taken by Grantee shall not violate Section 7 of this Agreement, shall not increase the burden upon the Premises or the Property, or materially change the number or location of antennae size, height and weight of the Communication Facility. Grantor reserves the right to increase the License Rent if the Grantor determines in its sole discretion that any substitutions, modifications, or additions including, but not limited to, the number of antennae, antennae location, or antennae orientatio n materially alters the scope of License or project as described in Exhibit 2. (b) Upon completion of the Communication Facility, Grantee shall arrange for a radio

3 Site Number: SDSAN00050A
Market: San Diego
frequency emissions test (the "Test") to be performed by an FCC-certified third party reasonably approved by Grantor, as required by Federal Communications Commission (the "FCC") regulations, which results shall be provided to Grantor in a written report. Grantee shall be responsible for the cost of performing the Test and submitting the third party written report of monitoring results to Grantor. During the final year of the Initial Term (as defined below), and before the start of the second term, if any, Grantee shall arrange for another Test to be conducted and another written report to be submitted to Grantor, as specified herein. (c) If the results of either of the Tests described in subsection (b) above do not demonstrate compliance with FCC emissions standards, Grantor shall give Grantee written notic e thereof, and Grantee shall bring the Communication Facility into complianc e with FCC standards.

The parties acknowledge and agree that the grant of this License is conditioned upon ensuring that Grantee's radio emissions fall within FCC standards and any other applicable laws. Should Grantee be unable to comply with FCC standards or other applicable laws within ninety (90) days after receiving Grantor's written notice of such non-compliance, Grantee shall discontinue use of its equipment that is causing such non-complianc e. If Grantee fails to do so within such ninety (90) day period, Grantor shall have the right to terminate this License upon ten (10) days’ written notic e. (d) During the term of this License, Grantee shall conduct additional emissions tests as may be required by FCC regulations.
(e) Within ninety (90) days after the installation of Grantee's Communication Facilit y, Grantee shall provide Grantor with as-built drawings of the Communication Facility, which shows actual location of all equipment and improvements consistent with Exhibit 2. Said drawings shall be accompanied by a complete and detailed inventory of all equipment, personal property, and antennae.
(f) The right to use the Premises herein granted by Grantor to Grantee, and all rights and privileges hereunder, are and shall be subordinate to the rights of Grantor and to other existing tenants/grantees to use and occupy, and to any occupancy by them of the Property and Premises. In the event of conflict between Grantee’s right to use Premises and Grantor’s desired use thereof after the Commencement Date, Grantor may require Grantee to redesign, adjust, relocate or remove the Communication Facility. Grantee’s right to install, maintain and operate the Communication Facility, or to remove it, shall be subject at all times to such rights as Grantor may have to require the removal or relocation of the Communication Facility at the sole cost and expense of Grantee.

3. TERM.
(a) This Agreement and the License conveyed herein shall be in effect for five (5) years ("Initial Term"), commencing upon the Commencement Date, as defined below. The Initial Term will terminate on the last day of the month in which the fifth annual anniversary of the Commencement Date occurs.
(b) This Agreement and the License will automatic ally renew for four (4) addition a l renewals of five (5) years each and, unless earlier terminated, shall remain in effect for up to twenty-five (25) aggregate years (each renewal term shall be referred to as an "Extension Term").

Each Extension Term shall be effective automatically but only if the terms and conditions set forth

4 Site Number: SDSAN00050A
Market: San Diego
in Section 4 below are met; provided that Grantee does not notify Grantor in writing of its intentio n not to renew this Agreement at least ninety (90) days prior to the expiration of the then current Initial Term or Extension Term.
(c) If Grantee continues use of the License after the end of the Initial Term and any applicable Extension Term (the "Holdover Term"), Grantee's use of the Premises shall be subjec t to the same terms and conditions of this License and Agreement. Grantee shall continue to pay Grantor the same monthly amount set forth in Section 4 hereof on a month-to-month basis. The Holdover Term and this License to continue use during the Holdover Term may be revoked by either party upon thirty (30) days written notice to the other party. (d) The Initial Term, the Extension Term and the Holdover Term are collectiv e ly referred to as the Term ("Term").

4. RENT.
(a) Commencing on the earlier of (i) the date the building permit is issued or (ii) the date that Grantee commences construction or any alteration of the Premises whichever, at Grantor's sole discretion, occurs first (the "Commencement Date"), annual rent in the amount of TWENTY-EIGHT THOUSAND EIGHT HUNDRED and No/100 Dollars ($28,800.00) ("Rent") shall be due from Grantor to Grantor for the use of the Premises. Payments shall be made in twelve (12) equal monthly installments, on or before the 5th day of each calendar month in advanc e.

Grantor and Grantor agree the first Rent payment shall be made within 30 days of the Commencement Date. The monthly payment shall be an aggregate amount of TWO THOUS AN D FOUR HUNDRED and No/100 Dollars ($2,400.00) per month to be paid by Grantee in one check addressed and delivered to Grantor at the address indicated below. Rent will be prorated for any partial month. Grantee also agrees to pay the Grantor a one-time payment in the amount of FIVE THOUSAND and No/100 Dollars ($5,000), within sixty (60) days of the date on which the last party signs this Agreement.
(b) Upon the commencement of each new calendar year, the Rent shall increase by an amount equal to four percent (4%) of the Rent for the immediately preceding year.

5. APPROVALS.
(a) Grantor agrees that Grantee's ability to use the Premises is contingent upon the suitability of the Premises for Grantee's Permitted Use and Grantee's ability to obtain all governmental licenses, permits, approvals or other relief required of or deemed necessary or appropriate by Grantee and Grantor for the use of the Premises, including without limitation all permits required by the City, applications for zoning variances, zoning ordinances, amendments, special use permit, and construction permits (collectively referred to as "Governmental Approvals ").

Grantor authorizes Grantee to prepare, execute and file all required applic ations to obtain Governmental Approvals for Grantee's Permitted Use under this Agreement and agrees to reasonably cooperate with Grantee in preparing such applications. (b) Grantee has the right to obtain a title report or commitment for a title policy from

5 Site Number: SDSAN00050A
Market: San Diego
a title insurance Grantee of its choice and to have the Property surveyed by a surveyor of Grantee's choice at Grantee's sole cost and expense.
(c) Grantee may also obtain, at Grantee's sole cost and expense, soil boring, percolation, engineering procedures, environmental investigation or other tests or reports (collectively the "Tests") on, over, and under the Property, necessary to determine if the Grantee's use of the Premises will be compatible with Grantee's engineering specifications, system, design, operations or Governmental Approvals.

6. TERMINATION. This Agreement may be terminated, without penalty or further liability, as follows:
(a) by Grantor on thirty (30) days prior written notice, if Grantee remains in default under Section 14 of this Agreem ent after the applic able cure period; (b) by Grantee upon written notice to Grantor, if Grantee is unable to obtain, or maintain, any required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Communic ation Facility as now and hereafter intended by Grantee; or if Grantee determines in its sole discretion that the cost of obtaining or retaining the same is commerc ially unreasona b l e; (c) by Grantee on sixty (60) days written notice for any reason, so long as Grantee pays Grantor a termination fee equal to six (6) months Rent, at the then current Rent rate, provided, however, that no such termination fee will be payable on account of the terminat io n of this Agreement by Grantee under any one or more of paragraphs 6(b), 6(e), 6(f), 7, 17, 18 or 19 of this Agreement;
(d) Grantor may terminate pursuant to Section 2, or any other applic a b le provision hereof;
(e) by Grantor or Grantee for any reason upon on twelve (12) months prior written notice.

Upon termination of this Agreem ent for any of the causes listed in this Section or at the end of the Term of this Agreement, all interests herein conveyed shall be termin at e d automatic ally (no conveyanc e from Grantor to Grantee will be required) and all equipment shall be removed pursuant to Section 12 hereof.

7. INTERFERENCE.
(a) Grantee will not cause, permit or allow the installation, operation, maintenance or use of the Communication Facility or any other equipment installed pursuant to this Agreement to interfere with: (1) any Grantor use of the Property; (2) Grantor equipment used at the Property; (3) Grantor communications; and/or (4) any pre-existing third party uses of the Property or any other City property, including uses of communications equipment, which uses were authorized or planned by Grantor prior to the execution of this Agreement. Grantee shall immediately provide, in writing, to Grantor at the address

6 Site Number: SDSAN00050A
Market: San Diego
set forth for notices in Section 16, herein, the frequencies utilized in the operation of the Communication Facility. Grantee shall be permitted to transmit and receive radiofrequency signals that Tenant may lawfully utilize in accordance with applicable law and FCC regulations. (b) Grantee shall ensure that its use of the Communication Facility does not interfere with any communication transmissions in the vicinity of the Property, including without limitation, Grantor’s public safety transmissions, sheriff and fire communications, or Grantor’s internal or external communications, communications by Grantor’s tenants. Grantee shall operate the Communication Facility in such a manner that all communications sent or received by the Communication Facility shall be separated from all Grantor communications frequencies, including without limitation, Grantor communications listed in the preceding sentence, by at least 1 megahertz. (c) If Grantee’s construction, installation, maintenance, operation, use or removal of the Communication Facility violates this provision, Grantee shall immediately eliminate such violation or interference. If Grantee fails to immediately eliminate such violation or interference Grantor may, in addition to and without compromising any other remedy available to Grantor, immediately cut off power to the facility in the manner set forth in subsection (d) below. Grantor shall immediately provide notice to Grantee of any interference or the exercise of Grantor’s shut off rights pursuant to this section. Grantee shall use its best efforts to operate its communications equipment in a manner that is consistent with all applicable frequencies assigned to it by the Federal Communications Commission (“FCC”), if any, and in compliance with all applicable FCC rules and regulations. (d) Grantee understands that emergency situations may develop from time to time that require power to Communication Facility to be shut off. Notwithstanding Section 13, Grantee agrees that in the event that such a situation occurs, and there are frequency interferences of any nature between Grantor’s communication equipment and that of Grantee, Grantor shall have the right to shut off immediately any power to the Communication Facility and any equipment of Grantee’s located on the Property for the duration of the emergency. Grantee agrees not to hold Grantor responsible or liable for and shall protect, defend, indemnify and hold Grantor harmless pursuant to Section 8 for any damage, loss, claim or liability of any nature suffered as a result of the loss of the use of the Communication Facility or other communication facilities at Property or affected by the power outage at Property. Grantee agrees to install a master power “cut-off” switch on their equipment for the purpose of assisting Grantor in such an emergency. Unless otherwise specifically provided in a notice of termination of this Agreement, Grantor’s exercise of the right to shut off any power to Communication Facility pursuant to this Section is not intended to constitute a termination of this Agreement by either party. Grantee and Grantor shall meet after the Grantor determines that an emergency situation has ended to establish the time and manner in which power shall be restored to the Communication Facility. Grantor shall have the right to determine what constitutes an “emergency situation” pursuant to this Section. Except for any uses required under applic able law, Grantor will not grant, after the date of this Agreement, a lease, license or any other right to any third party for the use of the Property, if such use interf er es with Grantee's Communic ation Facility. Grantor will notify Grantee of any such proposed lease, license or other right, and Grantor may grant any third party the right to install and operat e communic ations equipment on the Property so long as it has determined that such use will not create interferenc e with Grantee's Communic ation Facility.

8. INDEMNIFICATION.

7 Site Number: SDSAN00050A
Market: San Diego
Grantee shall protect, defend, indemnify, and hold harmless Grantor, its officers, employees and agents against any claim, loss or liability arising from or related to any damage, injury or loss caused by or resulting from, the installation, maintenance, operation or use of the Communication Facility, the provision of services from such Communication Facility, or resulting in any way from Grantee’s occupation or use of the Property or Premises, including, without limitation, that which is due, in whole or in part, to the willful misconduct or negligent acts (active or passive) or omissions by Grantee, its officers, employees, consultants or agents. Grantee’s obligation to indemnify and hold harmless excludes only such claim, loss or liability that is due to the negligence or willful misconduct of Grantor and/or its employees , All of Grantee’s obligations under this Section are intended to apply to the fullest extent permitted by law and shall survive the expiration or sooner termination of this Agreement. In an action or claim against Grantor in which Grantee is defending Grantor, Grantor shall have the right to use its own legal counsel and/or to approve legal counsel providing Grantor’s defense.

9. WARRANTIES.
(a) Grantee and Grantor each acknowledge and represent to the other that it is duly organized, validly existing and in good standing and has the right, power and authority to enter into this Agreement and bind itself hereto through the party set forth as signatory for the party below. (b) Grantor, as applicable, represents and warrants that the Property is owned by Grantor in fee simple. Grantor makes no warranty as to the suitability of the Property/Premises for Grantee’s intended use.

10. ENVIRONMENTAL.
(a) Grantor and Grantee agree that each will be responsible for complianc e with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene condition or matters as may now or at any time hereafter be in effect, that are now or were related to that party's activity conducted in, or on the Property.
(b) Grantor and Grantee agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at its sole cost and expense, (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is related to (i) failure to comply with any applicable environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards of policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or matters as may now or hereafter be in effect, or (ii) any environmental or industrial hygiene conditions that arise out of or are in any way related to the condition of the Property or activities conducted by the party thereon, unless the environmental conditions are caused by the other party. Grantor understands and agrees that notwithstanding anything contained in this Agreement to the contrary, in no event shall Grantee have any liability whatsoever with respect to any Hazardous Substance that was on, about, adjacent to, under or near the Property prior to the date of full execution of this Agreement, or that was generated,

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Market: San Diego
possessed, used, stored, released, spilled, treated, transported, manufactured, refined, handled, produced or disposed of on, about, adjacent to, under or near the Property by: (1) Grantor, its agents, employees, contractors or invitees; or (2) any third party who is not an employee, agent, contractor or invitee of Grantee.
(c) The indemnific ations of this Section 10 specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean - up, remediation, removal or restoration work required by any governmental authority. The provisions of this Section 10 will survive the expiration or termination of this Agreement.

11. ACCESS.
(a) At all times throughout the Term of this Agreement, and at no additional charge to Grantee, Grantee and its employees, agents, and subcontractors, will have pedestrian and vehic ular access to and over a portion of the Property subject to prior notification from the Grantee authorization from the Grantor, from an open and improved public road, to the Premises, for the installation, maintenance and operation of the Communic ation Facility and any utilities serving the Premises, provided that such access does not interfere with City Hall Complex activities. (b) Grantor reserves, and Grantee agrees, to the right of Grantor, its authorized officers, employees, agents or contractors, to enter into and access the Premises and the Property at any time.

Without limiting the foregoing, Grantor and Grantee agree that Grantor may: (1) inspect the Property, Premises, and Communication Facility for Grantee’s compliance with the terms of this Agreement and (2) make repairs, alterations or additions to the Property or Premises or maintain or use the Property or Premises in any manner not prohibited by the terms of this Agreement, all without a claim by Grantee for any loss of occupation or use of, or any abatement of, the Rent for use of the Premises.

12. REMOVAL/RESTORATION.

All portions of the Communic ation Facility brought onto the Property by Grantee will be and remain Grantee's personal property and, at Grantee's option, may be removed by Grantee at any time during the Term. Grantor covenants and agrees that no part of the Communication Facility constructed, erected or placed above or below ground on the Premises by Grantee will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of the Grantor that all improvements of every kind and nature constructed, erected or placed by Grantee on the Premises will be and remain the property of the Grantee and may be removed by Grantee at any time during the Term. Within sixty (ninety (90) days of the termination of this Agreeme nt, Grantee will remove all such improvements and return the Premises to their original condition to the satisfaction of Grantor on the date of execution of this Agreement, normal wear and tear and loss due to casualty and other causes beyond Grantee's control excepted, unless such requirement is waived in writing by Grantor.

13. MAINTENANCE/UTILITIES/TAXES.
(a) Grantee will keep and maintain the Premises in good condition to Grantor’s

9 Site Number: SDSAN00050A
Market: San Diego
satisfaction, reasonable wear and tear and damage from the elements excepted. Grantee will promptly repair any damage to the Property to Grantor’s satisfaction caused by Grantee or its agents. (b) Grantee shall be solely responsible for ensuring that the Premises have adequate electrical power and any other utility service necessary for the operation of the Communic at ion Facility. Grantee will be solely responsible for and promptly pay all utilities charges for electric ity, telephone service or any other utility used or consumed by Grantee on the Premises. Grantor and Grantee will fully cooperate with any utility requesting an easement over, under and across the Property in order for the utility Grantee to provide service to the Grantee or Grantor. In the event Grantee cannot secure its own metered electrical supply, Grantee will have the right, at its own cost and expense, to sub meter from the Grantor if authorized by the utility, in which case Grantee's share of the electricity shall be "Rent" for purposes of Section 14 hereof. Grantee will pay on a monthly basis the current local utility Grantee rate for sub metered electric after the meter is read by the Grantor and billed to Grantee Grantor will not be responsible for interferenc e with, interruption of or failure, beyond the reasonable control of Grantor, of such services to be furnished or supplied by Grantor.
(c) Grantee shall pay before delinquency any and all taxes, assessments, licenses, fees and other public charges which may be levied, assessed or imposed upon any of Grantee’s interests herein, upon Grantee’s businesses, upon Grantee for the privilege of conducting business, or upon any property of Grantee at the Property. Grantee is advised that this Agreement may, but is not intended to, create a possessory interest in the Premises, for which Grantee may be subject to payment of possessory interest taxes therefor, for which Grantor shall not be liable. Payment of any possessory interest tax shall not reduce in any way any charges or other fees required to be paid by Grantee hereunder. (d) Grantee shall not permit or suffer any liens to be imposed upon the Property or any portion thereof, without promptly discharging the same, provided, however, that Grantee may, if it so desires, contest the legality of same following prior written notice to Grantor. In the event of a contest of a lien, Grantee shall provide a bond in an amount and in a form acceptable to Grantor immediately following request therefor by Grantor.

14. DEFAULT AND RIGHT TO CURE.

The following will be deemed a default by Grantee and a breach of this Agreement: (i) non - payment of Rent if such rent remains unpaid for more than thirty (30) days after receipt of written notice from Grantor of such failure to pay; or (ii) Grantee's failure to perform any other term or condition under this Agreement within thirty (30) days after receipt of written notice from Grantor specifying the failure, provided that with respect to a non-monetary failure to perform, no default will be deemed to have occurred if, within such thirty (30) day period, Grantee commences a cure satisfactory to Grantor and makes progress to complete said cure in a manner satisfactory to Grantor, but no later than ninety (90) days from the date of the notice without prior written consent Grantor.

Delay in curing a default will be excused if due to causes beyond the reasonable control of Grantee.

If Grantee remains in default beyond any applicable cure period, Grantor will have the right to exercise any and all rights and remedies available to it under law and equity.

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Market: San Diego

15. ASSIGNMENT.

Grantee shall not voluntarily or by operation of law, assign, transfer, mortgage, or otherwise transfer or encumber all or any part of Grantee’s interest in this Agreement or in the Premises, without Grantor’s prior written consent; provided, however, Grantee shall have the right to assign its rights under this Agreement to any of its subsidiaries, affiliates or successor legal entities or to any entity acquiring substantially all of the assets of Grantee.

16. NOTICES.

All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivere d.

Notices will be addressed to the parties as follows:

City: City of Imperial Beach,
825 Imperial Beach Boulevard
Imperial Beach, California 91932
Attention: City Manager's Office
Grantee at: DISH Wireless L.L.C.

Attn: Lease Administration
5701 South Santa Fe Drive
Littleton, Colorado 80120
Any party hereto may change the place for the giving of notice to it by thirty (30) days written notice to the other parties as provided herein.

17. SEVERABILITY.

If any term or condition of this Agreement is found unenforceable, the remaining terms and conditions will remain binding upon the parties as though said unenforceable provision were not contained herein. However, if the invalid, illegal or unenforceable provision materially affects this Agreement then the Agreement may be terminated by either party on ten (10) days prior written notice to the other party hereto.

18. CONDEM NATION.

In the event Grantor receives notification of any condemnation proceedings affecting the Property, Grantor will provide notice of the proceeding to Grantee within forty-eight (48) hours. If a condemning authority takes all of the Property, or a portion sufficient, in Grantee's sole determination, to render the Premises unsuitable for Grantee, this Agreement will terminate as of the date the title vests in the condemning authority. As owner of a license on the Property, it shall be Grantee's responsibility to negotiate its separate award, if any, with the condemning authority.

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Market: San Diego

19. INSURANCE/CASUALTY.
(a) During the Term, Grantee, at Grantee’s own expense, shall maintain Commerc ia l General Liability insurance covering bodily injury (including death), personal injury and property damage in an amount of not less than one million dollars ($1,000,000) per occurrence with an insurance provider authorized to do business in California and rated at least "A-/7" in A.M Best & Grantee's Insurance Guide and list the Grantor as an additional insured on the policy or policies. , Grantee shall provide the Grantor, with a Certificate of Insurance evidencing the required insurance within thirty (30) days after the Commencement Date of this Agreement. Evidence of renewal of the policy (reflecting any required increases) shall be provided by Grantee to the Grantor within twenty (20) business days after each renewal of said insurance policy. The procuring of the policy or policies of insurance required shall neither be construed to limit Grantee's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

Notwithstanding the policy or policies of insurance, Grantee shall be obligated for the full and total amount of any damage, injury or loss caused by its negligence or willful misconduct arising out of this Agreement or Grantee's use of the Property or the Premises. (b) Grantor will provide notice to Grantee of any casualty affecting the Property within forty-eight (48) hours after the casualty occurs. If any part of the Communic ation Facility or Property is damaged by fire or other casualty so as to render the Premises unsuitable, in Grantee's sole determination, then Grantee may terminate this Agreement by providing written notice to the City, which termination will be effective as of the date of such damage or destruction.

Notwithstanding the foregoing, if Grantee does not terminate this Agreement, all Rent shall abate during the period of repair following such fire or other casualty until such time as Grantee may resume use of the Premises for Grantee's Permitted Use.

20. WAIVER OF GRANTOR'S LIENS.

Grantor hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Communication Facility or any portion thereof. The Communic ation Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law, and the Grantor hereby consents to Grantee's right to remove all or any portion of the Communication Facility from the Property from time to time in Grantee's sole discretion and without the Grantor's consent, provided such removal does not interfere with the Property or operations of the Grantor or any other party using the Property.

21. NO LIABILITY
(a) Grantor, its agents, officers, employees or contractors, shall not be liable for any damage from any cause whatsoever to the Communication Facility, specifically including, without limitation, damage, if any, resulting from Grantor's maintenance operations adjacent to the Communication Facility or from vandalism or unauthorized use of the Communication Facility, except as such damage is solely caused by the gross negligence or willful misconduct of Grantor, its agents, officers, employees or contractors .

12 Site Number: SDSAN00050A
Market: San Diego
(b) Grantee shall take reasonable precautions against damage to or unauthorized use of the Communication Facility. Grantor shall not be liable for any vandalism or other damage that may occur to the Communication Facility or in the Premises or any unauthorized use of the Communication Facility except as provided in Section 21(a), above.

22. NO INTEREST IN PROPERTY.

Nothing herein shall be deemed to create a lease, or easement of any property, or to grant any interest in the Property, other than a real property license to use the Premises, revocable as set forth herein.

23. MISCELLANEOUS.
(a) Amendment/Waive r. This Agreement cannot be amended, modified or revised unless done in writing and signed by an authorized agent of the Grantor and the Grantee. No provision may be waived except in writing signed by all parties to this Agreement. (b) Bind and Benefit. The terms and conditions contained in this Agreement will run with the Property and bind and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns.
(c) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements.
(d) Governing Law. This Agreement will be governed by the laws of the state in which the Premises are located, without regard to conflicts of law. Any action at law or in equity brought by either of the parties for the purposes of enforcing a right provided by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county.
(e) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (i) captions are for convenienc e and reference only and in no way define or limit the construction of the terms and conditions hereof. (ii) whenever a party's consent is required under this Agreement, except as otherwise stated in the Agreement or as same may be duplicativ e, such consent will not be unreasonably withheld, conditioned or delayed; (iii) exhibits are an integral part of the Agreement and are incorporated by reference into this Agreement. (f) Corporate Authority. The persons executing this Agreem ent on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so execut ing this Agreem ent, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to whic h said party is bound.

13 Site Number: SDSAN00050A
Market: San Diego
(g) Signatures/N o Option. The submission of this Agreement to any party for examination or consideration does not constitute an offer, reservation of or option for the Premises based on the terms set forth herein. This Agreem ent will become effective as a binding Agreement only upon the handwritten legal execution, acknow ledgement and deliv e ry hereof by Grantor and Grantee.

IN WITNESS WHEREO F, the undersigned have caused this NON-EXCLU SIVE LICEN S E AGREEMENT FOR CELLULAR SITE to be executed and effective as of the date the last party executed this Agreement below.

GRANTO R, City of Imperial Beac h
__________________________
City Manager, Tyler Foltz
GRANTEE, DISH Wireless L.L.C.
____________________________
By: _________________________
Its: _________________________

14 Site Number: SDSAN00050A
Market: San Diego
EXHIBIT 1
ASSESSOR PARCEL NUMBER: 632-111-27
COMMON ADDRESS:
827 Imperial Beac h Boulevard
Imperial Beach, California 91932
County of San Diego
LEGAL DESCRIPTION OF THE PROPERTY:

All that certain real property situated in the County of San Diego, State of California, described as follows:

Parcel A, Imperial Beac h Terrace, in the City of Imperial Beac h, County of San Diego, State of California; according to Map thereof No. 2853, filed in the Office of the County Recorder of San Diego, March 4, 1952.

15 Site Number: SDSAN00050A
Market: San Diego
EXHIBIT 2

DESCRIPTION OF PREMISES
[See Attached Drawing of Location Description of Premises and Project]

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October 18, 2023
ITEM TITLE: ADOPTION OF RESO. 2023-89 AUTHORIZING RECEIPT OF COASTAL

CONSERVANCY GRANT FUNDS FOR THE BAYSHORE BIKEWAY RESILIENCY PROJECT,

REQUISITE BUDGET ADJUSTMENTS, & AN AMENDMENT TO THE CONTRACT WITH NEXUS PLANNING & RESEARCH FOR THE PROJECT. (0620-77 & 0680-20) ORIGINATING DEPARTMENT:

Community Development
EXECUTIVE SUMMARY:

Resolution 2023-89 authorizes the City to receive grant funds from the State Coastal Conservancy, which will be used to continue developing the final designs and 100% engineering plans for the Bayshore Bikeway Resiliency Project. This would include additional project outreach and planning, completing project designs, environmental compliance documents, and permit applications. The Resolution also authorizes an amendment to the professional services agreement with Nexus Planning and Research and will allow the same project team to continue work on the project.

In 2021, the City initiated a feasibility analysis for the Bayshore Bikeway Resiliency Project, which involved significant public outreach and agency coordination. The first phase of the project concluded at the end of 2022, resulting in the preparation of 30% design plans. The project focused on the Bayshore Bikeway corridor and adjacent open space area, with the aim of repurposing the existing right-of-way into a multi-benefit coastal resilience corridor that would protect the inland area from future coastal flooding, improve coastal access, and enhance transitional habitats. The project's goal is to increase the City's resilience to flooding and sea level rise impacts, providing better flood protection for the Bayshore Bikeway corridor and the adjacent Bayside Neighborhood. Furthermore, the project has the potential to activate the Bayfront.

This project has gained significant support at the local, regional, and state levels, as it is one of the first major climate adaptation projects that involves coordination among multiple agencies and jurisdictions.

RECOMMENDATION:

That the City Council adopt Resolution Number 2023-89 authorizing 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 the Coastal Conservancy, authorizing the City Manager or designee to make required budget adjustments to accommodate the grant funds and project expenditures, and authorize the City Manager, or designee to make an amendment to the contract with Nexus Planning & Research for consultant support to implement the project.

OPTIONS:

In addition to receiving this report and adopting staff’s recommendations, the City Council can:

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 Not adopt Resolution 2023-89, opting out of the grant funding; or  Request additional information.

BACKGROUND/ANALYSIS:

In 2016, the City of Imperial Beach conducted a Sea Level Rise Assessment. The assessment identified the Bayside neighborhood as an economically disadvantaged and low-lying area that is vulnerable to coastal flooding from San Diego Bay. The neighborhood is already prone to flooding during existing high tide conditions. If no adaptation measures are implemented, future increases in sea level will only exacerbate the occurrence of flooding in this neighborhood.

The City of Imperial Beach previously received grant funds from the Ocean Protection Council to develop a sea level rise adaptation plan for the south end of San Diego Bay. The Bayshore Bikeway Resiliency Project officially began in May 2021, with the aim of using existing public rightof-way, infrastructure, and open space habitat to protect the vulnerable Bayside neighborhood from future impacts of sea level rise of up to 3.5 feet. The project included significant public outreach and engagement with external agencies to develop a feasible sea level rise adaptation plan. The project resulted in the completion of a Project Feasibility Analysis and 30% engineering plans, which allowed the City to seek additional grant funds to continue with the next phase of the project.

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On September 14, 2023
the Board of the State
Coastal Conservancy met
and authorized an award
for the City of Imperial
Beach to accept and
appropriate $2,141,205 to
the Bayshore Bikeway
Resiliency Project to
continue work and
complete final engineering
and design for the
proposed project. This
resolution authorizes the
City to proceed with final
designs and 100%
engineering plans for the
Bayshore Bikeway
Resiliency Project with grant support from the State Coastal Conservancy. It also authorizes an amendment to the professional services agreement with Nexus Planning and Research to continue work on the project using the same project team. The Bayshore Bikeway Resiliency Project is a multi-benefit project intended to enhance safety on the Bikeway, expand recreational opportunities to the Bay, restore sensitive wetland habitat, activate the City's bayfront, and provide long-term flood protection for the Bayside neighborhood.

ENVIRONMENTAL DETERMINATION:

The acceptance of this grant is not a project as defined by the CEQA Guidelines Section 15378.

FISCAL IMPACT:

FISCAL YEAR: 22/23, 23/24, and 24/25
BUDGETED: $2,141,205
BUDGET AMENDMENT Increase expenditures in account
214-1230-413.2006 (Professional
Services) in the amount of
$2,141,205 using the project number
GRT080-P and increase revenues in
account 214-0000-334.4001 (State
Grants) using the project number
GRT080-R in the amount of
$2,141,205 (for the Coastal
Conservancy grant).

ACCOUNT NO(S).: 214-1230-413.2006 and 214-0000-
334.4001
PROJECT NO(S).: GRT080-P and GRT080-R
FISCAL ANALYSIS: The State Coastal Conservancy
awarded the City of Imperial Beach a
$2,141,205 grant.

CURRENT BUDGET: n/a

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ANTICIPATED
EXPENDITURE:
$2,141,205
ATTACHMENTS:

ATT 1 - Resolution No. 2023-89

Attachment 1
RESOLUTION NO. 2023-89

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

AUTHORIZING THE RECEIPT OF STATE COASTAL CONSERVANCY GRANT FUNDS IN THE AMOUNT OF $2,141,205 TO FUND THE BAYSHORE BIKEWAY RESILIENCY PROJECT,

AUTHORIZING THE REQUISITE BUDGET ADJUSTMENTS TO ACCOMMODATE THE

GRANT FUNDS AND PROJECT EXPENDITURES, AND AUTHORIZE AN AMENDMENT TO

THE CONTRACT WITH NEXUS PLANNING & RESEARCH FOR CONSULTANT SUPPORT TO IMPLEMENT THE PROJECT.

WHEREAS, the Legislature of the State of California has established the State Coastal Conservancy (“Conservancy”) under Division 21 of the California Public Resources Code, and has authorized the Conservancy to award grants to public agencies and nonprofit organizations to implement the provisions of Division 21; and
WHEREAS, the Conservancy awards grants for projects that it determines are consistent with Division 21 of the Public Resources Code and with the Conservancy’s Strategic Plan and that best achieve the Conservancy’s statutory objectives, in light of limited funding; and WHEREAS, at its September 14, 2023 meeting, the Conservancy adopted a resolution authorizing a grant of $2,141,205 to the City of Imperial Beach (“grantee”) for the Bayshore Bikeway Resiliency project (“the project”). The resolution was adopted by the Conservancy pursuant to and is included in the Conservancy September 14, 2023 staff recommendation, a copy of which is on file with the grantee and with the Conservancy; and WHEREAS, the Conservancy requires that governing body of the grantee certify through a resolution that it approves the award of Conservancy grant funding and authorizes the execution by a representative of the grantee of a grant agreement on terms and conditions required by the Conservancy grant agreement for the Bayshore Bikeway Resiliency Project referenced as Conservancy Project No. 23-038-001; and
WHEREAS, the City is receiving the grant from the Coastal Conservancy for the Bayshore Bikeway Resiliency Project to continue work and complete final engineering and design for the proposed project; and
WHEREAS, the City Council desires to continue its work on the Bayshore Bikeway Resiliency Project and authorize an amendment to the contract with Nexus Planning & Research for consultant support to implement the project; and
WHEREAS, the City Council finds that the acceptance of this grant is not a project as defined by the CEQA Guidelines Section 15378.

NOW, THEREFORE, THE CITY COUNCIL of the City of Imperial Beach resolves as follows:

1. Approves the award of the grant of funding from the Conservancy for the project.

2. Acknowledges that it has or will have sufficient funds to complete the project and, if any property is acquired as part of the project to operate and maintain the property, and, if any facilities are constructed as a part of the project from the utilization of the awarded Conservancy funds, to operate and maintain the facilities for a reasonable period, not less than the useful life of the facilities.

3. The City Manager or designee is authorized to enter into, execute, and deliver a Grant Agreement for the amount of $2,141,205, and any and all other documents required or deemed necessary or appropriate to evidence and secure the Coastal Conservancy grant, the City of Imperial Beach’s obligations related thereto, and all amendments thereto (collectively, the “Coastal Conservancy Grant Documents”).

Resolution No. 2022-57

4. The City shall be subject to the terms and conditions as specified in the Grant Agreement and any applicable grant guidelines published by the Coastal Conservancy. Funds are to be used for allowable expenditures as specifically identified in the Grant Agreement. The application in full is incorporated as part of the Grant Agreement. Any and all activities funded, information provided, and timelines represented in the application will be enforceable through the executed Grant Agreement. The City Council hereby agrees to use the funds for eligible uses in the manner presented in the application as approved by the Coastal Conservancy and in accordance with the Grant Agreement.

5. The City Manager or designee is authorized to execute the City of Imperial Beach Grant Agreement, the Grant Documents, and any amendments thereto, on behalf of the City of Imperial Beach as required by the Coastal Conservancy for receipt of the Grant.

6. The City Manager or designee is authorized to accept the Grant Funds from the Coastal Conservancy in the amount of two million, one hundred forty-one thousand, two hundred and five dollars ($2,141,205) to continue work on the Bayshore Bikeway Resiliency Project.

7. The City Manager or designee is authorized to increase expenditures in account 214- 1230-413.2006 (Professional Services) in the amount of $2,141,205 using the project number GRT080-P and increase revenues in account 214-0000-334.4001 (State Grants) using the project number GRT080-R in the amount of $2,141,205 (for the Coastal Conservancy grant).

8. The City Manager is authorized to execute an amendment to the contract with Nexus Planning & Research for the work on the Bayshore Bikeway Resiliency Project which will amend the scope of work and amount of the contract in the amount of $2,141,205.

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.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 18
th day of October 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

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October 18, 2023
ITEM TITLE: SECOND READING AND ADOPTION OF ORDINANCE NO. 2023-1237 AMENDING TITLE 12.08 OF THE IMPERIAL BEACH MUNICIPAL CODE RELATING TO STREETS, SIDEWALKS AND PUBLIC PLACES. (0720-95 & 0460-10) ORIGINATING DEPARTMENT:

Public Works
EXECUTIVE SUMMARY: Title 12.08 of the Imperial Beach Municipal Code requires all persons completing new structures, additions, or remodels with a building permit valuation exceeding $50,000 to install new sidewalks, curbs, gutters, streets and alleys when such items do not currently exist. The amendment would revise the thresholds for the type and value of private, onsite improvements that would require the installation of public improvements.

RECOMMENDATION:

Staff recommends that the City Council conduct the second reading and adoption of Ordinance No. 2023-1237, amending the Municipal Code, by title only.

OPTIONS:
 Approve Staff recommendation of conducting the second reading and adoption of Ordinance 2023-1237.
 Approve Staff recommendation with alternative amendments/modifications.  Request additional information and an additional report.

BACKGROUND/ANALYSIS:

Title 12.08 of the City of Imperial Beach Municipal Code requires property owners to construct any missing curbs, gutters, sidewalks, streets and alleys adjacent to their property when they have been issued a building permit with a valuation in excess of $50,000. This Code requires improvement of this nature to be installed by residential projects of almost any nature (remodeling, additions, etc.) when their projects exceed the $50,000 threshold. The Code does not specify when modifications to existing public sidewalks, curbs, and gutters would be triggered by the issuance of a private building permit. Current ordinances allow staff to add requirements to install or alter existing adjacent public right of way improvements when health and safety issues exist, but not when the modifications would be necessary to maintain compliance with the Americans with Disabilities Act (ADA). This Ordinance amendment is being brought forward for City Council consideration of the following changes:

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1. Raises the minimum valuation amount specified in the Municipal Code Section 12.08 from $50,000 to $100,000. The threshold is being increased to ensure that only significant modifications to the owner’s site trigger this requirement so that there is a better nexus for public improvements. Public improvements will also still be required if site-specific safety and health issues are at stake, no matter the valuation.

2. Eliminate the use of building valuation as a threshold to determine when certain projects (additions, remodels, accessory dwelling units, or detached garage) must improve the adjacent public infrastructure.

3. Projects subject to Ordinance would be required to install all necessary public infrastructure or modify existing public infrastructure to meet ADA compliance.

The first reading and introduction of Ordinance No. 2023-1237 took place at the October 4th City Council meeting.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

There is no direct fiscal impact associated with implementing this program.

ATTACHMENTS:

ATT 1 - Ordinance No. 2023-1237

Attachment 1
ORDINANCE NO. 2023-1237

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING CHAPTER 12.08 OF THE MUNICIPAL CODE OF THE CITY OF IMPERIAL BEACH

RELATING TO STREETS, SIDEWALKS AND PUBLIC PLACES
WHEREAS, Title 12.08 of the Imperial Beach Municipal Code requires all persons completing new structures, additions, or remodels with a building permit valuation exceeding $50,000 to install new sidewalks, curbs, gutters, streets and alleys when such items do not currently exist; and
WHEREAS, the amendment would provide a better nexus for the public improvement installation requirements by revising the thresholds for the type and value of private, on-site improvements.

NOW, THEREFORE, the City of Imperial Beach hereby ordains as follows:

SECTION 1. The above recitals are true and correct and incorporated herein as though set forth in full.

SECTION 2. Chapter 12.08 of the Imperial Beach Municipal Code is hereby amended to read as follows:

12.08.010 Definitions.

For the purpose of this chapter, the following definitions shall apply:
“Condominium conversion” means the conversion of any apartment building or project to a condominium or other independent unit form of ownership. “New structure or building” means one where the building permit valuation exceeds $100,000.00, and does not include remodeling work, accessory dwelling units, additions to existing structures or buildings, or a detached garage.
“Paved portion of street” means that portion of the street improved by road oil mix or any greater type of paving.
“Shoulder” means the distance between curb and the edge of the paved portion of street. (Ord. 2006-1043 § 1; Ord. 92-860 § 1, 1992; Ord. 339, 1973; prior code § 8020)

12.08.020 Applicability of provisions.

Every person, firm or corporation installing or erecting a new structure or building and the owner or person converting any apartment building or project to the condominium or other independent unit form of ownership within this City shall be responsible for complying with the requirements of this chapter. (Ord. 339, 1973; prior code § 8021)

Ordinance No. 2023-1237
Ordinance relating to Streets, Sidewalks, and Public Places

12.08.030 Installation required by owner/builder.

A. If in front of the new building or condominium conversion there has not been installed either or all sidewalks or curbs or gutters, the owner/builder shall concurrently with such construction/conversion or prior to completion thereof, cause to be installed, and there shall be installed, sidewalks, curbs and gutters in front of the premises if the premises front upon a dedicated street.

B. If in front of the new building or condominium conversion there has previously been installed sidewalks, curbs or gutters that do not comply with current Americans with Disabilities Act (ADA) specifications, the owner/builder shall concurrently with such construction/conversion or prior to completion thereof, cause to be modified, and there shall be installed new ADA-compliant sidewalks, curbs and gutters in front of the premises if the premises front upon a dedicated street.

C. Sidewalks, curbs and gutters shall be installed in conformity with the ordinances of this City. (Ord. 339 1973; prior code §§ 8021.1, 8021.2)

12.08.040 Installation permit prerequisite to building permit.

No building permit shall be issued for the construction or erection of any building or structure or condominium conversion clearance granted until a permit has been secured to install or cause to be installed curbs, gutters, sidewalks, streets and alleys. (Ord. 339, 1973; prior code § 8022)

12.08.050 Dedication of right-of-way prerequisite to building permit issuance.

No building permit shall be issued for the construction or erection of any building or structure until the owner of the subject property has dedicated to the City for use as a public street or right-ofway sufficient land for such street or right-of-way in conformity with the actual or proposed development of an existing street or right-of-way. (Ord. 340 § 1, 1973; prior code § 8024)

12.08.060 Shoulder improvements required.

If there is a paved center strip of street existing in front of the property upon which it is contemplated erecting a structure or building or making a condominium conversion, and there is no improved shoulder connecting the gutter or proposed gutter to the center paved portion of the street, then the person, firm or corporation installing or erecting a new structure or building or making a conversion within the City shall improve the shoulder in accordance with the ordinances of the City and secure a permit therefor prior to the issuance of any building permit or condominium conversion clearance. (Ord. 339, 1973; prior code § 8023)

12.08.070 Paving to street centerline required.

In the event there is no paved portion existing in the street in front of the property upon which it is contemplated erecting a structure or building or making a condominium conversion, the firm or corporation installing or erecting a new structure or making a conversion within the City shall improve such street to the centerline of the street in accordance with the ordinances of the City

Ordinance No. 2023-1237
Ordinance relating to Streets, Sidewalks, and Public Places

and shall secure a permit therefor prior to the issuance of any building permit or condominium conversion clearance. (Ord. 700 § 1, 1987; Ord. 339, 1973; prior code § 8023.1)

12.08.080 Exceptions.

In the event that the installation of sidewalks or curbs or gutters or shoulders or either of them, cause a dangerous or defective condition to property, or it would be extremely impractical to so install or construct the same, then the property owner or his or her agent may apply to the Planning Commission of the City for an exception to the provisions of this chapter, stating the grounds and reasons therefor. If the Planning Commission, in its discretion, feels that the grounds or exceptions are reasonable and should be granted, the Planning Commission may exempt the person from the provisions of this chapter. (Ord. 339, 1973; prior code § 8024)

12.08.085 Alley improvement required.

In the event that an alley contiguous to a property upon which it is contemplated erecting a structure or building or making a condominium conversion is not improved to City standards, the firm or corporation installing or erecting such structure or making such conversion within the City shall improve or guarantee such alley to full width in accordance with the ordinances of the City, and shall secure a permit therefor prior to the issuance of any building permit or condominium conversion clearance, according to the following:

A. For any development for which the adjacent unimproved alley is immediately adjacent to an alley section which is improved to City standards, the developer shall install the alley improvements for the frontage of that development site with that development.

B. For any development for which the adjacent unimproved alley is not immediately adjacent to an alley section improved to City standards, the developer shall provide or guarantee alley improvements as follows:

1. For residential development which would result in a one-family dwelling, a duplex or double-detached dwellings, or a triplex on the development site, the developer shall provide a lien contract for the improvement of the alley adjacent to the development site, in lieu of installation of alley improvements at the time of the development.

2. For residential development which would result in four or more dwelling units in that portion of the City bounded by Seacoast Drive, Imperial Beach Boulevard, Third Street and Donax Avenue, and development which would result in six or more dwelling units elsewhere in the City, the developer shall install alley improvements for the frontage of the development site on the adjacent alley and out to the nearest street connection or nearest improved alley section which connects to a street.

3. For residential development which would result in fewer than four dwelling units in the area bounded by Seacoast Drive, Imperial Beach Boulevard, Third Street and Donax Avenue, and which would result in fewer than six dwelling units elsewhere in the City, the developer shall provide a lien contract for the improvement of the alley immediately adjacent to the development site in lieu of installation of alley improvements at the time of the development.

Ordinance No. 2023-1237
Ordinance relating to Streets, Sidewalks, and Public Places

4. For development other than that covered by paragraphs 1 through 3 of this subsection, the developer shall install alley improvements for the frontage of the development site on the adjacent alley and out to the nearest street connection or nearest improved alley section which connects to a street. (Ord. 700 § 2, 1987)

12.08.090 Immediate installations waiver.

If the City finds that the grade of the street or alley is difficult to establish or that improvements of like kind and character have not been made by adjoining property owners, they may waive the immediate installation of the improvements. (Ord. 339, 1973; prior code § 8024.1)

12.08.100 Lien contracts for required improvements.

A. A lien contract will permit the applicant to contract with the City for the improvements and will permit a lien to be placed against the real property for the contemplated improvements under this chapter.

B. The City Engineer or designated representative shall by affidavit state the value of the contemplated improvement for the purpose of inserting a value in the lien contract. (Ord. 339, 1973; prior code §§ 8024.2, 8024.3)

12.08.110 Appeals.

Any person aggrieved by the decision of the Planning Commission in granting or denying exceptions may, within 10 days from date of such ruling of the Planning Commission, file with the City Clerk an appeal to the City Council from the ruling or decision. The City Council shall thereupon, at their next regular meeting or such time thereafter as they may designate, decide the appeal. (Ord. 339, 1973; prior code §§ 8025, 8025.1)

12.08.120 Reimbursement of City assessment district contribution.

Any person who has been relieved of this requirement to install the improvements required by this chapter as a result of such improvements having previously been installed through an assessment district proceeding in which the subject property was not assessed shall reimburse the City for its contribution to such assessment district. Such contribution shall not exceed the amount of the assessment against the subject property that would have been assessed if the property had been a part of the assessment district. The reimbursement fee required by this section shall be paid to the City prior to the issuance of any building permit for the construction or erection of any building or structure upon the subject property. (Ord. 443 § 2, 1978; prior code § 8026)
EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption.

INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Imperial Beach, California, on the 4
th day of October 2023; and thereafter PASSED AND
ADOPTED at a regular meeting of the City Council of the City of Imperial Beach, California, on

Ordinance No. 2023-1237
Ordinance relating to Streets, Sidewalks, and Public Places

the 18th day of October 2023, by the following roll call vote:

AYES: COUNCILMEMBERS: BRAGG, MCCOY, ROSE, KING, JANNEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK
APPROVED AS TO FORM:

JENNIFER LYON

CITY ATTORNEY

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October 18, 2023
ITEM TITLE: SECOND READING AND ADOPTION OF ORDINANCE NO. 2023-1236 AMENDING TITLE 8.36.160 OF THE IMPERIAL BEACH MUNICIPAL CODE RELATING TO HEALTH AND SAFETY. (0720-95 & 0460-10)
ORIGINATING DEPARTMENT:

Public Works
EXECUTIVE SUMMARY: Title 8.36.160 of the Municipal Code requires all owners and occupants of buildings and lots in the City to keep sidewalks, curbs, gutters, and parkways adjacent to their properties clean and free of refuse, weeds, and noxious vegetation as a matter of public health and safety. The amendment proposes to clarify this requirement to include alleys within the description.

RECOMMENDATION:

Staff recommends that the City Council conduct the second reading and adopt Ordinance No. 2023-1236, amending the Municipal Code by title only.

OPTIONS:
 Approve Staff recommendation of conducting the second reading and adoption of Ordinance No. 2023-1236.
 Approve Staff recommendation with alternative amendments/modifications.  Request additional information and an additional report.

BACKGROUND/ANALYSIS:

Title 8.36.160 of the Health and Safety section of the City of Imperial Beach Municipal Code states that it is the owner or occupant’s duty to keep areas adjacent to their property litter and weed free.

The Municipal Code further clarifies the requirement to state that it is the duty of the owners and occupants to keep the adjacent sidewalks, curbs, gutters, and parkways free from waste, pollution, refuse, and unsalutary weeds and vegetation. While it is inferred that the Municipal Code intended to have owners and occupants address litter and weeds around all areas separating their property from the City’s Right-of-Way, further clarity would be gained by including alleys within the prescribed list. The first reading and introduction of Ordinance No. 2023-1236 took place at the October 4th City Council meeting.

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ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

There is no direct fiscal impact associated with implementing this program.

ATTACHMENTS:

ATT 1 - Ordinance No. 2023-1236

Attachment 1
ORDINANCE NO. 2023-1236

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING CHAPTER 8.36.160 TO THE MUNICIPAL CODE OF THE CITY OF IMPERIAL BEACH

RELATING TO HEALTH AND SAFETY
WHEREAS, Title 8.36.160 of the Municipal Code requires all owners and occupants of buildings and lots in the City to keep sidewalks, curbs, gutters, and parkways adjacent to their properties clean and free of refuse, weeds, and noxious vegetation as a matter of public health and safety; and WHEREAS, it can be inferred that the Municipal Code intended to have owners and occupants address litter and weeds around all areas separating their property from the City’s Right-of-Way, further clarity would be gained by including alleys within the prescribed list.

NOW, THEREFORE, the City of Imperial Beach hereby ordains as follows:

SECTION 1. The above recitals are true and correct and incorporated herein as though set forth in full.

SECTION 2. Chapter 8.36.160 of the Imperial Beach Municipal Code is hereby amended to read as follows:

8.36.160 Owner or occupant duty to keep sidewalk litter-free.

It is the duty of all owners and occupants of buildings in the City and the duty of all owners of vacant lots in the City to keep the sidewalks, curbs, gutters, parkways, and alleys adjacent to such premises clean and free of any type of solid waste, food, paper, wood, garbage, pollution, or refuse of any kind whatsoever, and all noxious or unsalutary weeds and vegetation. (Ord. 2022-1213 § 2; Ord. 2020-1193 § 2; Ord. 2005- 1027 §§ 8, 9; Ord. 846, 1992)
EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption.

INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Imperial Beach, California, on the 4
th day of October 2023; and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Imperial Beach, California, on the 18th day of October 2023, by the following roll call vote:

AYES: COUNCILMEMBERS: BRAGG, MCCOY, ROSE, KING, JANNEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK
APPROVED AS TO FORM:

JENNIFER LYON, CITY ATTORNEY

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October 18, 2023
ITEM TITLE: SECOND READING AND ADOPTION OF ORDINANCE NO. 2023-1235 AMENDING TITLES 4, 10, 16, AND 18 OF THE IMPERIAL BEACH MUNICIPAL CODE RELATED TO VARIOUS CITY FEES. (0390-55 & 0390-95)
ORIGINATING DEPARTMENT:

City Manager
EXECUTIVE SUMMARY:

The City Council adopted a new Master Fee Schedule on October 4, 2023. This ordinance provides housekeeping changes to the IBMC to help implement the new Master Fee Schedule.

RECOMMENDATION:

That the City Council conduct the second reading and adopt Ordinance No. 2023-1235 by title only.

OPTIONS:
 Conduct the second reading and adopt Ordinance No. 2023-1235; or  Provide further input and direction to Staff.

BACKGROUND:

Staff has identified several places in the Imperial Beach Municipal Code: Title 4 – Business taxes, licenses and regulations, Title 10 – Vehicle and traffic, Title 16 - Environment, and Title 18 - Subdivision) that should be revised to match the new Master Fee Schedule and/or repealed because there is no longer a need for the language. Staff recommends that the City Council introduce the ordinance by title only, waiving further reading.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT: Adoption of proposed Master Fee Schedule will allow the City to recover the costs of providing fee related services and increases the availability of General Fund revenues to be used for city services and activities available to residents.

ATTACHMENTS:

ATT 1 - Ordinance No. 2023-1235

ATTACHMENT 1
1 ORDINANCE NO. 2023-1235

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING TITLES 4, 10, 16, AND 18 OF THE IMPERIAL BEACH

MUNICIPAL CODE RELATED TO VARIOUS CITY FEES
WHEREAS, the City of Imperial Beach ("City") is adopting an updated and restated Master Fee Schedule;
WHEREAS, various sections of the Imperial Beach Municipal Code (“IBMC”) reference fee amounts that are being revised with the 2023 Master Fee Schedule adoption; and WHEREAS, this Ordinance seeks to remove references to specific fees and to instead provide a reference to the amount as approved in the City’s Master Fee Schedule as it may be amended from time to time. This Ordinance also includes some other housekeeping changes to the IBMC that Staff identified as outdated or unnecessary during its review of the City’s fee structures.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH AS FOLLOWS:

Section 1: The above recitals are true and correct and incorporated herein as findings as though set forth in full.

Section 2. Various sections in Titles 4, 10, 16 and 18 shall be amended to read as shown in Exhibit “A” to this Ordinance (underline indicates new language and strikethrough indicates deleted language).

Section 3. This Ordinance shall become effective thirty (30) days following its passage and adoption.

Section 4. The City Council of the City of Imperial Beach hereby declares that should any section, paragraph, sentence, phrase, term, or word of this Ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this Ordinance irrespective of any such portion declared invalid.

INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Imperial Beach, held on the 4th day of October 2023, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Imperial Beach, California, held on the 18th day of October 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

ATTACHMENT 1
2 JACQUELINE M. KELLY, MMC

CITY CLERK
APPROVED AS TO FORM:

JENNIFER M. LYON

CITY ATTORNEY

ATTACHMENT 1
3 Exhibit “A” to Ordinance 2023-1235

4.04.080 License—Nontransferable—Change of location.

Each license granted or issued under the provisions of this chapter shall authorize the licensee to transact or carry on the business or calling therein designated and at no other place than as designated on the license. Except as provided in Chapter 4.56 for lawfully established smoke shops and businesses that are displaced due to redevelopment activities, a license issued pursuant to this chapter shall not be assigned or transferable. Additionally, a change of location shall be allowed to the owner of the license not regulated by Chapter 4.56 upon the payment to the Administrative Services Director of the sum in an amount as set forth in the City’s Master Fee Schedule of one dollar and upon approval of the chief of law enforcement.

4.04.090 License—Duplicate—Fee.

The Administrative Services Director shall make a charge in an amount as set forth in the City’s Master Fee Schedule of $10.00 for each duplicate of a license issued under the provisions of this chapter which has been lost or destroyed.

4.04.160 Solicitors, peddlers, transient merchants—Application—Filing.

A. At the time of filing of application, an additional fee in an amount as set forth in the City’s Master Fee Schedule of $50.00 shall be paid to the Treasurer to cover the cost of investigation of the facts stated therein.

4.04.170 Solicitors, peddlers, transient merchants—Identification cards.

A. The applicant will receive an identification card that must be displayed upon the request of any law enforcement officer within the City.

B. An investigation fee in an amount as set forth in the City’s Master Fee Schedule of five dollars shall be paid to the City Treasurer for renewal of identification card which shall be good for one year from the date issued. Identification cards shall be renewed on the second day of the month following the expiration date.

4.04.450 Business license tax—Amounts.

The following are the various amount categories of business license taxes:

A. Category “A” is an annual base tax of $50.00.

B. Category “B” is an annual base tax of $100.00.

C. Category “C” is an annual base tax of $150.00.

D. Category “D” is an annual base tax of $200.00.