LAST MINUTE AGENDA INFORMATION
11/01/2023 Regular Council Meeting
(Agenda Related Writings/Documents provided to a majority of the City Council after distribution of the Agenda Packet for the November 1, 2023, meeting.) ITEM NO. DESCRIPTION
9.a ORDINANCE 2023-1238 AMENDING
CHAPTERS 12.56 AND 12.60 OF THE IMPERIAL
BEACH MUNICIPAL CODE RELATED TO
ORGANIZED USE OF CITY PARKS AND
BEACHES AND RESOLUTION 2023-91
DESIGNATING CITY MANAGER WITH
AUTHORITY TO ISSUE PARK USE PERMITS.
(0920-95)
a. Strikethrough version of Ordinance
2023-1238
11.a ADOPTION OF A POLICY FOR CITY
SUPPORT OF SPECIAL EVENTS. (1040-95)
a. Strikethrough version of resolution
2023-92
1 Attachment 2
ORDINANCE NO. 2023-1238
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING CHAPTERS 12.56, AND 12.60 OF THE IMPERIAL BEACH MUNICIPAL CODE
RELATED TO ORGANIZED USE OF CITY PARKS AND BEACHES
WHEREAS, the City of Imperial Beach ("City") desires to provide for the permitting of the use of public parks while safeguarding the City's public recreational property and the rights of members of the public who access and use these facilities; and WHEREAS, the following amendments will allow for the permitting by the City Manager, or designee, of the park areas; and
WHEREAS, additionally, the City desires to provide for the orderly use of the public parks and spaces by members of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH AS FOLLOWS:
Section 1: The above recitals are true and correct and incorporated herein as findings as though set forth in full.
Section 2. Section 12.56.010 Definitions of the IBMC shall be amended to read as follows (underline indicates new language):
For the purpose of this chapter, the following definitions shall apply:
“Camp” means to reside in or use a park for living accommodation purposes, as exemplified by remaining for prolonged or repetitious periods of time not associated with ordinary recreational use of a park with one’s personal possessions (including, but not limited to, clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar material), sleeping or making preparations to sleep, storing personal belongings as above defined, regularly cooking or consuming meals, or living in a parked vehicle. These activities constitute camping when it reasonably appears, in light of all the circumstances, that the participants, in conducting these activities, are in fact using the area as a living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging.
“Dunes Park” means the park located at 790 Seacoast Drive. “Organized” means regularly scheduled or regularly recurring; or involving 15 or more participants; or scheduled, or publicized, or promoted in advance; or conducted or directed by an individual, or group of individuals, or an organization; or instructional or directional in nature; or participants wearing uniforms, vests, or other clothing and/or equipment that clearly designates opposing teams.
“Pier” means the public fishing pier located on the ocean in the City of Imperial Beach adjacent to Portwood Pier Plaza.
“Portwood Pier Plaza” or “pier plaza” means the park and plaza located at 940 Seacoast Drive.
“Public building” means any building owned or leased by the City.
Last Minute Agenda Information
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2 “Public facility” means any place, structure, area or other facility, owned, maintained or controlled by the City, not including public streets and sidewalks. “Public park” includes but is not limited to: Dunes Park; Veterans Park (including the youth soccer field); Portwood Pier Plaza; Imperial Beach Sports Park (including the skateboard park); Tijuana Estuary Boardwalk; Reama Park; Teeple Park; any municipal park, trail, recreation, or reserve area that is owned, managed, or controlled by the City and under the jurisdiction of the City Manager; all dedicated parks and traffic islands maintained by the City; or any additional park space or recreation facilities identified on Table P-1 of the City’s General Plan. “Park” does not include recreation facilities or tot lots owned and maintained by private associations.
“Public parking lot” means any place, structure or area owned or leased by the City and operated as an off-street parking facility.
“Public playground” means a place, structure, area, or other facility under the jurisdiction of the government body of the City used for community recreation purposes such as playing fields or courts, swimming pools, gymnasiums, auditoriums and meeting places. “Skateboard park” means the skateboard park located at 425 Imperial Beach Boulevard immediately south of the Sports Park Recreation Center. “Soccer field” means the City’s Veterans Park Youth Soccer Field located at 1075 8th Street. “Sports park” means the City’s sports park located at 425 Imperial Beach Boulevard.
Section 3. Section 12.56.030 of the IBMC shall be amended to read as follows (underline indicates new language and strikethrough indicates deleted language)
12.56.030 Reserved. Public Park Organized Use.
A. It is unlawful to engage in any organized activity within a public park unless:
1. The area is specifically designated by posted signs for organized activity without the requirement of a permit; or
2. The person or group has obtained a permit for such organized activity from the City Manager, or designee.
B. Any person or group desiring to make reservations for such organized public park use must complete a permit application or special event application, as applicable, and pay the required fee(s) to the City in advance of such organized use.
C. Any persons engaged in organized activity without a use permit authorizing them to do so will not be permitted to install items into the ground, whether grass, dirt or other material, or to use equipment that may result in damage to the public park property, including but not limited to goals or workout equipment. If evidence of damage to public park property exists, the person with a use permit or special event permit will be required to cease use of any installed or used equipment.
Section 4. Chapter 12.60 is amended to add Section 12.60.095 to the IBMC to read as follows (underline indicates new language)
12.60.095 Beach Organized Use.
A. It is unlawful to engage in any organized activity on a beach within the City unless:
Last Minute Agenda Information
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Item: 9.a
3 1. The area is specifically designated by posted signs for organized activity without the requirement of a permit; or
2. The person or group has obtained a permit for such organized activity from the City Manager, or designee.
B. “Organized” as used in this section means regularly scheduled or regularly recurring; involving 15 or more participants; scheduled, publicized, or promoted in advance; conducted or directed by an individual, group of individuals, or an organization; instructional or directional in nature; or participants wearing uniforms, vests, or other clothing and/or equipment that clearly designates opposing teams.
C. Any person or group desiring to make reservations for such organized beach use must complete a permit application or special event application, as applicable, and pay the required fee(s) to the City in advance of such organized use.
D. Any persons engaging in organized activity without a use permit authorizing them to do so will not be permitted to install items into or on the beach, or to use equipment that may result in damage to the beach, including but not limited to goals or workout equipment. If evidence of damage to the beach exists, the person with a use permit or special event permit will be required to cease use of any installed or used equipment.
Section 5. This Ordinance shall become effective thirty (30) days following its passage and adoption.
Section 6. 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 1st day of November 2023, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Imperial Beach, California, held on the 15th day of November 2023 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
PALOMA AGUIRRE, MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
Last Minute Agenda Information
Date: 11-01-2023
Item: 9.a
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4 APPROVED AS TO FORM:
JENNIFER M. LYON
CITY ATTORNEY
Last Minute Agenda Information
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Item: 9.a
ATTACHMENT 1
RESOLUTION NO. 2023-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, REPEALING RESOLUTION 2021-27, ADOPTINGON OF A POLICY FOR CITY SUPPORT OF
SPECIAL EVENTS, AND ADOPTING THE SPECIAL EVENT ADMINISTRATIVE POLICY WHEREAS, the Imperial Beach City Council recognizes the importance of special events for the enjoyment of residents and visitors; and
WHEREAS, the Imperial Beach City Council recognizes the benefit of special events to improve the image and economic health of the City; and WHEREAS, the City Council desires to have policies and procedures for fee waivers, fee reductions and sponsorships that will improve guidelines and provide a standardized process for applicants and City staff; and
WHEREAS, the City Council previously adopted Resolution No. 2021-27 to approve the Imperial Beach Special Event Policies and Procedures previously adopted by Resolution No. 2021-27 are hereby repealed and replaced with the Special Event Administrative Policies and Procedures; and
WHEREAS, the Special Event Fee Waivers and Sponsorships (Exhibit A) is hereby approved; and
WHEREAS, the City Council desires to repeal the prior resolution and policy and adopt updated policies and procedures to provide awill result in more organized, predictable, and consistent special event application process for the City of Imperial Beach.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach as follows:
1. The above recitals are true and correct.
2. The Imperial Beach City Council hereby repeals Resolution 2021-27 and the Imperial Beach Special Events Policy and Procedure adopted therewith.
2.3. The Imperial Beach City Council hereby adopts(Resolution 2021-27) and replaces it with the Special Event Administrative Policies and Procedures attached as Exhibit B as an administrative policy and authorizes the City Manager, or designee, to implement and amend such administrative policy as needed to carry out its purpose.
3.4. The Imperial Beach City Council hereby adopts tThe Special Event Fee Waivers and Sponsorships Policy attached as (Exhibit A.) represents the City Council desire to establish parameters for waiving fees associated with special events and establishes a standardized process to award fee waivers, fee reductions and sponsorship.
4.5. The City Council authorizes the Finance Director to process a budget amendment from the General Fund fund balance of $10,000 for FY 2023/24 and $10,000 for FY 2024/25 to account number 101-6014-412.2830 Event Sponsorship to support Special Event Fee Waivers and Sponsorships.
5.6. The Imperial Beach City Council hereby directs the City Manager, or designee, to implement the approved Special Event Fee Waivers and Sponsorship Policy which may be amended by the majority of the City Council from time to time, for all future Special Events in the City of Imperial Beach.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 1st day of November 2023, by the following vote:
Last Minute Agenda Information
Date: 11-01-2023
Item: 11.a
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Resolution No. 2023-92
AYES:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
PALOMA AGUIRRE, MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
Last Minute Agenda Information
Date: 11-01-2023
Item: 11.a
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