Imperial Beach City Council
November 15, 2023

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

Wednesday, November 15, 2023
Council Chambers
825 Imperial Beach Boulevard
Imperial Beach, CA 91932
TELECONFERENCE LOCATION:

Graton Resort & Casino
VIP Registration Room, adjacent to the Hotel Lobby
288 Golf Course Drive West, Rohnert Park, CA 94928

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 MEETING 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 RECOGNITION OF SAN DIEGO REGIONAL FIRE FOUNDATION FOR HURST EDRAULIC EXTRICATION TOOLS GRANT. * (0390-84)
*No Staff Report.

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

Recommendation:

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

8.a APPROVAL OF CITY COUNCIL MEETING MINUTES. 5
Recommendation:

That the City Council approves the Regular Meeting Minutes of October 18, 2023.

8.b RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM OCTOBER 21, 2023, TO NOVEMBER 3, 2023. (0300-25)
19 Recommendation:

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

8.c RESOLUTION 2023-102 CONTINUING THE PROCLAMATION OF A STATE

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

Adopt Resolution No. 2023-102 to maintain a state of local emergency related to the cross-border pollution impacts from the Tijuana River and authorize the City Manager, Mayor, and Councilmembers to work with local, State, Federal, and Mexican authorities to advance binational projects to improve conditions in the Tijuana River.

8.d SECOND READING AND ADOPTION OF 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. (0920-95)
38 Recommendation:

Staff recommends that the City Council conduct the second reading and adopt Ordinance 2023-1238, amending the Municipal Code, by title only.

8.e 2K COMMERCIAL PALM IB, LLC; TIME EXTENSION FOR CP-22-0008; DRC22-0022; SPR-22-0023; CUP-22-0007; & CLASS 32 CEQA EXEMPTION FOR THE PROJECT (COMMERCIAL AND 14 RESIDENTIAL UNITS (2
AFFORDABLE)) AT 236-238 PALM AVE (APN 625-023-07-00). (0600-20) 44 Recommendation:

That the City Council adopt Resolution 2023-98, approving a six (6) month time extension for Regular Coastal Development Permit (CP-22-0008), Design Review Case (DRC-22-0022), Site Plan Review (SPR-22-0023), Conditional Use Permit (CUP-22-0007), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-Fill Development Projects) to demolish the existing structure and construct a new mixed-use development with approximately 2,212 square feet of commercial space and fourteen (14) residential units with an affordable housing component on a 9,139 square feet property located at 236-238 Palm Avenue (APN 625-023-07-00) in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone.

8.f RESOLUTION NO. 2023-101 AWARDING A PUBLIC WORKS CONTRACT FOR CONSTRUCTION OF THE 10TH STREETSCAPE ENHANCEMENT
PROJECT (S22107) AND APPROPRIATING $410,000 TO THE PROJECT BUDGET. (0390-86 & 0720-10)
73 Recommendation:

Adopt Resolution No. 2023-101 awarding the contract for the 10th Streetscape Enhancement Project to Fordyce Construction, Inc. in the amount of $1,171,685, and authorize a budget transfer in the amount of $410,000 to the 10th Streetscape Enhancement Project (S22107) from available Transnet and SB1 funds.

8.g ADOPTION OF RESOLUTION NUMBER 2023-99 AUTHORIZING THE CITY

MANAGER TO RATIFY THE PARAMEDIC STAFFING AGREEMENT WITH THE CITY OF CHULA VISTA. (0250-20)
78 Recommendation:

That the City Council adopt Resolution 2023-99 authorizing the City Manager or designee to ratify the Paramedic Staffing Mutual Aid Agreement with the City of Chula Vista.

8.h RESOLUTION NUMBER 2023-100 AUTHORIZING THE CITY MANAGER TO

RATIFY THE MEMORANDUM OF AGREEMENT (MOA) WITH THE COUNTY

OF SAN DIEGO, OES FOR THE USE OF THE WIRELESS EMERGENCY

ALERT (WEA) AND GENERATE ALERT SAN DIEGO CAMPAIGNS TO OUR JURISDICTION.(0210-72)
85 Recommendation:

That the City Council adopt Resolution 2023-100 authorizing the City Manager to ratify the MOA with the County of San Diego, OES for the use of the Wireless Emergency Alert (WEA) and generate Alert San Diego campaigns to our jurisdiction.

9. ORDINANCES/INTRODUCTION & FIRST READING
None.

10. PUBLIC HEARINGS
None.

11. REPORTS

11.a RESOLUTION NO. 2023-97 APPROVING THE AGE-FRIENDLY IMPERIAL BEACH 2023 ACTION PLAN. (1030-90)
112
Recommendation:

That the City Council Adopt Resolution 2023-97 approving the Age-Friendly Imperial Beach 2023 Action Plan.

11.b RAIN BARREL AND CISTERN GUIDELINES FOR IMPERIAL BEACH. (0230- 70)
180
Recommendation:

That the City Council receive the report and adopt Resolution 2023-103 Recommended Rain Barrel and Cistern Guidelines.

11.c CLIMATE ACTION PLAN UPDATE REPORT. (0620-30) 186
Recommendation:

That the City Council receive the Climate Action Plan Report.

11.d DISCUSSION ABOUT THE ALLOWANCE OF THE SALE AND

CONSUMPTION OF ALCOHOL DURING SPECIAL EVENTS AND FACILITY RENTALS AT CITY PARKS AND FACILITIES. (0920-95)
347
Recommendation:

That the City Council provide direction to staff on which City parks and facilities will be designated as locations that may allow for alcoholic beverage use during special events and facility rentals.

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
November 15, 2023
ITEM TITLE: APPROVAL OF CITY COUNCIL MEETING MINUTES.

ORIGINATING DEPARTMENT:

City Clerk
RECOMMENDATION:

That the City Council approves the Regular Meeting Minutes of October 18, 2023.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT: No Fiscal impact associated with this item.

ATTACHMENTS:

ATT 1 – 10-18-23 Regular Meeting Minutes_DRAFT

Attachment 1
1 CITY OF IMPERIAL BEACH

CITY COUNCIL

REGULAR MEETING MINUTES
October 18, 2023, 6:00 p.m.

Council Chambers
825 Imperial Beach Boulevard
Imperial Beach, CA 91932

Present: Mayor Aguirre, Mayor Pro Tem Leyba-Gonzalez, Councilmember McKay, Councilmember Seabury, Councilmember Fisher
Staff City Manager Foltz, Chief Administrative Officer Cortez-Martinez, City Attorney Lyon, City Clerk Kelly, Parks and Recreation Director Bullock, Public Works Director Larios, Community Development Director Openshaw, 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 TO ORDER
Mayor Aguirre called the Regular Meeting to order at 6:00 p.m.

2. ROLL CALL
City Clerk Kelly took the roll.

3. PLEDGE OF ALLEGIANCE
Girl Scout Troop 6179 led the Pledge of Allegiance.

4. REIMBURSEMENT DISCLOSURES/REPORTS ON ASSIGNMENTS AND

COMMITTEES
Councilmember Fisher
 Acknowledged the passing of an Imperial Beach icon, Don Spicer, who dedicated his time to the Imperial Beach Little League and its success.  SANDAG Clean Air Day, where people could ride public transportation for free.  Delegation of SANDAG leadership went to Mexico for a panel discussion regarding the Tijuana River Valley.

Attachment 1
2  The 2021 Regional Transportation Plan amendment was accepted.  At a SANDAG future meeting will be a discussion on an amendment of the operating budget.
 Chair Nora Vargas asked Councilmember Fisher to be on a subcommittee to hire the next SANDAG CEO.
 Met with Leadership from the South County Economic Development Council to discuss the survey taken by businesses.

Councilmember Seabury
 Attended Symphony by the Sea.
 Zoom meeting with San Diego Division - League of California Cities regarding the Sewage Crisis.
 California Coastal Commission Meeting at Pier South Hotel related to the Tijuana River sewage crisis.
 Navy Flag raising ceremony at Imperial Beach City Hall.

Councilmember McKay
 Navy Flag raising ceremony at Imperial Beach City Hall.  Attended and gave testimony as a resident at the California Coastal Committee Meeting about the Tijuana River sewage crisis.
 Acknowledged Don Spicer’s passing and his family.
 Attended the 3rd Ad-hoc Subcommittee Campaign Finance Meeting and announced the last meeting will be at the City's Farmers Market Saturday, October 21st.

Mayor Pro Tem Leyba-Gonzalez
 Connected with local businesses that had questions/concerns and was able to create connections and build relationships.

Mayor Aguirre
 Met with California Attorney General Rob Bonta for a briefing on the sewage crisis.  Attended California Latino Legislative Caucus for its 50th Anniversary.  Attended Symphony by the Sea.
 Zoom meeting with San Diego Division - League of California Cities regarding the Sewage Crisis.
 Attended California Secretary Wade Crowfoot’s panel on Nurturing Heritage, Cultivating Empowerment and Conservation, Embracing Latino Roots for a Stronger Future.

Attachment 1
3  Attended the 3rd Ad-hoc Subcommittee Campaign Finance Meeting.  California Coastal Commission Meeting for three days at Pier South Hotel and spoke about the Tijuana River sewage issue.
 Announced the Santa Cruz County Board of Supervisors approved a letter to be sent to the Governor and to the President on behalf of the City of Imperial Beach regarding the sewage crisis.
 Attending tomorrow's State Lands Commission meeting to give testimony on the impacts from the sewage crisis in the City.

5. COMMUNICATIONS FROM CITY STAFF
Parks and Recreation Director Bullock announced that Lap Swim will be open October 19th at 5:30 a.m. at the Mar Vista High School pool.

City Manager Foltz announced:
 Hess Fest provided the required report related to their event and it is being reviewed by staff before it is presented to City Council.  Clarified that the last Ad-hoc Subcommittee Campaign Finance Meeting will be on October 21st from 9 a.m. to 12 p.m. at the Farmers Market.  Stated that staff recommend pulling Item 8.d for discussion immediately after the Consent Calendar so that staff can provide further clarification.

Motion by Councilmember Fisher
Seconded by Mayor Aguirre
To pull Item 8.d from the Consent Calendar for discussion directly after the Consent Calendar.

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

6. PUBLIC COMMENT
Reshae Cuevas recognized Don Spicer's passing. She gave details of the Halloween Bike Parade and provided a flyer to the City Council with final details.

Valerie Acevez provided details on two events that are occurring in the City this month, Zombie Walk on October 26th and Military Application Day at Dunes Park on November 11th.

Martin Mattes, President of the Imperial Beach Chamber of Commerce, promoted the upcoming Zombie Walk on October 26th and Military Appreciation Day on November 11th at Dunes Park. He explained that details are still being finalized and they are still looking for sponsors. He stated that on October 20th at 9:30 a.m. he will be interviewed on

Attachment 1
4 television to emphasize the state of emergency on the sewage crisis. He encouraged people to spend money at the City of Imperial Beach.

Erika Lowery stated that although she is not opposed to the narrowing of 9th Street, she explained that she drives this street daily and is concerned about a line of vehicles that double park in the right lane every day. This causes difficulties for buses to make their stops if they can even stop. She requested that staff take this into consideration and create a better system.

Edward Brakmanis suggested that the City generate good news to be talked about in the City and establish a bird and butterfly garden within the City for the youth. He explained this would be a great way to distract from the sewage crisis.

Mario and Tom, from San Diego Air Cooled, presented an appreciation plaque to the City for allowing them to have their event in the City. In addition, they presented a check for $1,000.00 to be donated to the Imperial Beach Neighborhood Center. They thanked staff for making the event an easy process.

Baron Partlow explained that an interview on KUSI with Dan Plante had just aired relating to the sewage crisis and explained that there is proof that the sewage crisis in the City is causing a rise in illnesses.

Written Public Comments received from Eric Syverson.

7. PRESENTATIONS

7.a CONSIDERATION OF PROCLAMATION HONORING BREAST CANCER AWARENESS MONTH, 2023. (0410-30)
Motion by Councilmember McKay
Seconded by Councilmember Fisher
To approve the Proclamation.

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

No Public Comments.

Leia Brune, Executive Director for Susan G. Komen, accepted the proclamation.

7.b CONSIDERATION OF PROCLAMATION HONORING INDIGENOUS PEOPLE’S DAY. (0410-30)
Motion by Councilmember Seabury
Seconded by Councilmember McKay

Attachment 1
5 To approve the Proclamation.

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

No Public Comments.

Written Public Comments received from Sandra Brillhart.

7.c MTS RAPID ROUTE UPDATE. (0680-85)
City Manager Foltz introduced the item.

Dennis Desmond of MTS gave a PowerPoint Presentation.

Councilmember McKay commented that the 40-foot bus seems more appropriate for the City compared to the 60-foot bus and requested other options.

Public Comment:

Jarrod Caswell was opposed to the buses going down residential streets, stated the buses are always empty, and expressed concern about blockage of views and safety of people and pets. He also expressed concern about bus debris and soot covering homes and cars and was against the running of buses all day.

Baron Partlow commented that although 3rd Street is a truck route, trucks don't make constant stops. He said the longer buses will require an extended red curb and the City already has parking issues. He was also concerned with brake dust and tire debris. He also expressed concern about the bus stops on 3rd and 4th Streets making the area qualify for higher density.

Clint Shipman expressed concern about buses causing more wear and tear on the roads and said he does not see anyone riding the buses.

David Nearing stated that residents were not notified of the proposed installation of a shelter on the corner of 3rd Street and Imperial Beach Blvd. or the red curb painting. He was opposed to the removal of parking spaces as they are essential to the quality of life in the City and he said that the buses would tear up the streets.

He said that citizens were not included in the decision of the bus route. He also expressed concern about the dust impacting residences and he was opposed to buses going down 3rd Street (additional time donated by Sharon Layton).

Erika Lowery said that when she lived on 3rd Street cars had hit her car as they attempted to dodge buses going down the street. She offered other routes for consideration.

Attachment 1
6 Josie Hamada said she attended all of the MTS public meetings. She complained about Route 933A being discontinued on Sundays because of Route 227.

Mr. Desmond addressed some of the comments made by the public.

Written Public Comments submitted by Lenora and John Porcella, and Antonette Gutierrez.

In response to Councilmember Fisher’s questions, Mr. Desmond stated that several stops will have new shelters built. He explained that the buses follow the speed limits that are posted. He also explained that the size of the bus being used is the same as what was being used before adding Imperial Beach to the route and that it takes time to build ridership. He stated that a 40-foot bus weighs approximately 38-40 thousand lbs. Mr. Desmond explained that in the future there will be a transition of all buses to be electric, this means heavier vehicles, however, the braking system on electric vehicles is better for the environment.

In response to Mayor Pro Tem’s questions, Mr. Desmond explained that the buses run every 15 minutes because the idea is to make the bus available and convenient.

Mayor Pro Tem Leyba-Gonzalez stated that it would have been nice to reach out to the community over social media to hear their concerns about this new route.

In response to Councilmember Seabury’s statement, Mr. Desmond explained that typically it can take up to 12-18 months for bus ridership to mature, so you may not see many people using the buses in the beginning.

Councilmember McKay requested that adjustments be made to the frequency and times that the bus is in route in the City. He also requested that data be brought back from MTS to help make a better determination of how often the bus routes need to be running and at what times, and waiting for the ridership to mature is too long.

Mayor Aguirre requested that staff host a meeting with the residents on 3rd Avenue to hear the types of adjustments they would like to see.

Mr. Desmond introduced MTS Transportation Planner, Beverly Neff.

Mayor Aguirre requested that staff look into the 227 route bus stop and determine if they are major transit stops or high frequency stops because the density bonus law can be affected.

Mayor Aguirre called a recess at 7:49 p.m. and reconvened the meeting to open session at 7:53 p.m. with all Councilmembers present.

Attachment 1
7 8. CONSENT CALENDAR
Councilmember Seabury announced she has a conflict related to item 8.f and would not participate on that item.

No Public Comments.

Motion by Mayor Aguirre
Seconded by Councilmember McKay
To approve Consent Calendar Item Nos. 8.a through 8.c, 8.e, and 8.g through 8.j.

AYES (5): Mayor Aguirre, Mayor Pro Tem Leyba-Gonzalez, Councilmember McKay, Councilmember Seabury, and Councilmember Fisher
Motion Carried (5 to 0)
With regard to Consent Calendar Item No. 8.f, motion carried by the following vote:

AYES (5): Mayor Aguirre, Mayor Pro Tem Leyba-Gonzalez, Councilmember McKay, and Councilmember Fisher
Conflict (1): Councilmember Seabury
Motion Carried (4 to 0)

8.a APPROVAL OF CITY COUNCIL MEETING MINUTES.

The City Council approved 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)
The City Council ratified and filed 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)
Adopted Resolution 2023-90 authorizing the Submittal of an Application for Fiscal Year 2024-2025 Community Development Block Grant Funds.

8.e NON-EXCLUSIVE LICENSE AGREEMENT FOR A DISH WIRELESS CELLULAR SITE AT CITY HALL. (0800-50)
The City Council adopted 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.

Attachment 1
8 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)
The City Council adopted 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)
The City Council conducted 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)
The City Council conducted the second reading and adopted 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)
The City Council conducted the second reading and adopted 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)
The City Council approved 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.

Attachment 1
9 13. ITEMS PULLED FROM THE CONSENT CALENDAR

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)
By previous action taken by the City Council at the meeting, Item 8.d was discussed after the Consent Calendar.

City Planner/ Management Associate Ayala gave a PowerPoint Presentation.

No public Comments.

In response to Mayor Pro Tem Leyba-Gonzalez's question, Bill Mullen, Director for Wyyerd Fiber, stated they use the latest techniques and technology, and use micro trenching. Also, they go to the polls first before trenching.

Councilmember Fisher spoke favorably of Wyyerd Fiber.

Councilmember Seabury commented that Fiberoptics are more reliable.

In response to Mayor Aguirre's concern for having the construction fast and efficient and making the areas look aesthetically the same or better, Mr. Mullen agreed. They are planning ahead of time to make for the least amount of digging and want to be better members of the community.

Motion by Councilmember Seabury
Seconded by Mayor Pro Tem Leyba-Gonzalez
To adopt Resolution No. 2023-87 adopting 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.

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

9. ORDINANCES/INTRODUCTION & FIRST READING
None.

10. PUBLIC HEARINGS
None.

Attachment 1
10 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)
City Planner/ Management Associate Ayala gave a PowerPoint Presentation.

No public comments.

Written comment submitted by Sandra Brillhart.

Councilmember Fisher stated that it is important to establish the ad-hoc subcommittee because it shows importance to the community.

Councilmember McKay agreed with Councilmember Fisher and stated that he would like to see the sales data from March and Ash.

Mayor Aguirre stated that should the City decide to conduct a survey and use a consultant, it would cost a good amount of money and asked that the City Council be mindful of that.

Mayor Aguirre made a motion to nominate Councilmember McKay and Mayor Pro Tem Leyba-Gonzalez to be on the ad hoc committee and for them to decide how many meetings will be held.

Councilmember Seabury nominated herself to serve on the add-hoc subcommittee.

Mayor Aguirre amended her motion to nominate Mayor Pro Tem Leyba-Gonzalez and Councilmember Seabury to be on the ad hoc committee.

Amended Motion by Mayor Aguirre
Seconded by Councilmember McKay
To appoint Mayor Pro Tem Leyba-Gonzalez and Councilmember Seabury to serve for 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.

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

Attachment 1
11 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)
Mayor Aguirre and Councilmember Fisher recused themselves from discussion of the item due to the location of their residences and left the Council Chambers at 8:27 p.m.

Public Works Director Larios gave a PowerPoint Presentation.

No Public Comments.

In response to Councilmember McKay's questions, Director Larios explained that the corrugated metal pipe mentioned in the presentation is a stormwater pipe on Palm Avenue and that it was installed over 70 years ago. He also explained that the construction funds used would be for studies such as environmental studies that are required to be done before initiating the project.

Mayor Pro Tem stated that he supports the project.

Motion by Councilmember Seabury
Seconded by Councilmember McKay
To 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.

AYES (3): Mayor Pro Tem Leyba-Gonzalez, Councilmember McKay, and Councilmember Seabury
Conflict (2): Mayor Aguirre, and Councilmember Fisher
Motion Carried (3 to 0)
Mayor Aguirre and Councilmember Fisher returned to the Council Chambers at 8:49 p.m.

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)
Community Development Director Openshaw gave a PowerPoint Presentation.

No Public Comments.

In response to Councilmember Seabury's questions, Director Openshaw explained that for the applicant to not need an additional extension, substantial construction would have to be completed of the foundation and an inspection of that foundation.

Attachment 1
12 She also explained that building plans must be submitted and reviewed before any permits are issued.

Mayor Pro Tem Leyba-Gonzalez stated that he supports the extension as well as the design and construction aspect because it brings business into the City.

Councilmember Fisher agreed with Mayor Pro Tem Leyba-Gonzalez, however, he was hesitant to approve the extension of this project, because the lot has been empty, and it is a hugely ambitious project. He fears it will not ever be able to be funded.

Councilmember McKay stated that he opposes the request for an extension because the applicant could come back after this extension asking for further extensions.

Mayor Aguirre explained her concerns about awarding another time extension, she stated that the City could be missing out on other potential projects.

Motion by Mayor Aguirre
Seconded by Councilmember McKay
To adopt Resolution No. 2023-88 as amended denying a time extension for a 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) for the construction of new mixed-use development with 47-hotel rooms, 51-residential units, 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).

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

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).

Chief Administrative Officer Cortez-Martinez gave a PowerPoint presentation, and she announced an amendment to the resolution to include the reclassification of the Parks, Recreation, and Community Services Supervisor job classification from a mid-management classification to a confidential classification.

No public comments.

Attachment 1
13 In response to Councilmember Fisher's questions, CAO Cortez-Martinez explained that the Housing Specialist position has always been a full-time position, but the City is reclassifying the position to a management position because the position has gained additional responsibilities. She also explained that the case worker position is a grant funded position and the City is working on filling it.

Mayor Aguirre stated that succession planning is important for the City to confirm there is continuity within the departments. She also stated that the case management position will be helpful to the City in addressing homelessness.

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

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

14. CITY COUNCIL FUTURE AGENDA REQUESTS
Councilmember Fisher requested a discussion at a future meeting about a location for pickleball courts and funding, seconded by Mayor Aguirre.

Mayor Pro Tem Leyba-Gonzalez requested another discussion at a future meeting about the MTS community concerns after staff has reached out to the community and MTS staff for specifics, seconded by Councilmember Fisher.

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

Jacqueline M. Kelly, MMC
City Clerk
Paloma Aguirre
Mayor

November 15, 2023
ITEM TITLE: RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM OCTOBER 21, 2023, TO NOVEMBER 3, 2023. (0300-25)
ORIGINATING DEPARTMENT: Finance
EXECUTIVE SUMMARY:

Staff is recommending that the City Council ratify the accompanying Warrant Register for the period from October 21, 2023, to November 3, 2023, in the amount of $2,409,064.06.

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 October 21, 2023, to November 3, 2023, in the amount of $2,409,064.06, is being presented for ratification by the City Council. Payments have been reviewed and approved by the appropriate department staff. The Finance Director or designee certifies the accuracy of the attached register and the availability of funds for payment.

Warrants above $100,000 have been highlighted and explained in the table below:

VENDOR CHECK DESCRIPTION AMOUNT
SAN DIEGO COUNTY SHERIFF 101926 SEP 2023 SHERIFF SERVICES $709,479.95 CITY OF SAN DIEGO 101898 FY24 Q2 METROPOLITAN

SEWERAGE SYSTEM
$872,368.00
The following registers are submitted for Council ratification:

Accounts Payable:

DATE CHECK NUMBER AMOUNT(S)
10/26/2023 CK101842-CK101886 $ 140,887.81
11/2/2023 CK101887-CK101941 1,866,387.71
Sub-Total $ 2,007,275.52

DATE EFT/DRAFT NUMBER AMOUNT(S)
10/26/2023 DFT0007270 $ 326.26
10/27/2023 DFT0007187; DFT0007238; DFT0007247-65;
DFT0007269; DFT0007271-72; DFT0007274; DFT0007283
164,886.58
10/31/2023 DFT0007236-37 631.61
Sub-Total $ 165,844.45
Total reflected in the attached Expense Approval Report: $ 2,173,119.97 Payroll Checks/Direct Deposits

DATE CHECK/EFT NUMBER AMOUNT(S)
10/26/23 CK49001-49006; EFT0000163 $ 235,944.09
Sub-Total $ 235,944.09
TOTAL: $ 2,409,064.06
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 – 10.21.2023-11.3.2023

11/3/2023 2:21:55 PM Page 1 of 12
Expense Approval Report
Imperial Beach, CA By (None)
Payment Dates 10/21/2023 - 11/3/2023
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 10/26/2023 101842 1111 SYSTEMS, INC JUL 2023 INSIDER PROTECTI… INV-140825 503-1923-419.2006 4,718.74 10/26/2023 101843 ACE UNIFORMS & ACCESSOR… HATS (12), SEWINGS (5) - MS SD0147200 101-3030-423.2503 285.41 10/26/2023 101844 ACME SAFETY AND SUPPLY BARRICADES (12) - TRUNK OR…159597-00 101-6014-451.2808 316.79 10/26/2023 101845 ALEXANDRA UZARRAGA GO… PHOTO SRVC - DANCE & SU… 5 101-6014-451.2006 435.00 10/26/2023 101846 ASBURY ENVIRONMENTAL S… USED OIL SERV, EPA FEE & A… I500-00977305 501-1921-419.2104 100.00 10/26/2023 101846 ASBURY ENVIRONMENTAL S… EPA FEE & ADMIN I500-00977942 501-1921-419.2104 5.00 10/26/2023 101846 ASBURY ENVIRONMENTAL S… USED METAL OIL & GASOLINE…I500-00978110 501-1921-419.2104 55.00 10/26/2023 101847 CALIFORNIA AMERICAN WAT…09/19/23-10/17/23 - 1001 IR…1015-210019176333 10/19/… 101-1910-419.2702 19.42 10/26/2023 101847 CALIFORNIA AMERICAN WAT…09/15/23-10/16/23 - 840 IM… 1015-210019335248 10/18/… 101-6020-452.2702 2,730.22 10/26/2023 101847 CALIFORNIA AMERICAN WAT…09/15/23-10/16/23 - 820 IM… 1015-210019335347 10/18/… 101-1910-419.2702 871.45 10/26/2023 101847 CALIFORNIA AMERICAN WAT…09/15/23-10/16/23 - 825 IM… 1015-210019335484 10/18/… 101-1910-419.2702 230.61 10/26/2023 101847 CALIFORNIA AMERICAN WAT…09/15/23-10/16/23 - 855 IM… 1015-210019335682 10/18/… 101-6020-452.2702 48.67 10/26/2023 101847 CALIFORNIA AMERICAN WAT…09/15/23-10/16/23 - 865 IM… 1015-210019335774 10/18/… 101-1910-419.2702 403.36 10/26/2023 101847 CALIFORNIA AMERICAN WAT…09/15/23-10/16/23 - 915 IB … 1015-210019335835 10/18/… 101-6020-452.2702 59.33 10/26/2023 101847 CALIFORNIA AMERICAN WAT…09/15/23-10/16/23 - 1025 9… 1015-210019401916 10/18/… 101-6020-452.2702 19.42 10/26/2023 101847 CALIFORNIA AMERICAN WAT…09/19/23-10-17/23 - 942 DO… 1015-210019746893 10/19/… 101-6020-452.2702 19.42 10/26/2023 101847 CALIFORNIA AMERICAN WAT…09/15/23-10/16/23 - 711 EN… 1015-210020277854 10/18/… 101-6020-452.2702 46.10 10/26/2023 101847 CALIFORNIA AMERICAN WAT…09/14/23-10/12/23 - 701 5TH…1015-210020731235 10/16/… 101-6020-452.2702 19.42 10/26/2023 101847 CALIFORNIA AMERICAN WAT…09/14/23-10/12/23 - 425 IM… 1015-210021068268 10/16/… 101-1910-419.2702 146.49 10/26/2023 101847 CALIFORNIA AMERICAN WAT…09/14/23-10/12/23 - 401 IM… 1015-210021068367 10/16/… 601-5060-436.2702 3,522.48 10/26/2023 101847 CALIFORNIA AMERICAN WAT…09/14/23-10/12/23 - 423 IB … 1015-210021068541 10/16/… 601-5060-436.2702 143.92 10/26/2023 101847 CALIFORNIA AMERICAN WAT…09/15/23-10/16/23 - 845 EN… 1015-210021082448 10/18/… 101-6020-452.2702 359.68 10/26/2023 101847 CALIFORNIA AMERICAN WAT…09/14/23-10/12/23 - 710 5TH…1015-220018914676 10/16/… 101-1910-419.2702 46.10 10/26/2023 101847 CALIFORNIA AMERICAN WAT…09/14/23-10/12/23 - 582 IB … 1015-220030150199 10/16/… 101-6020-452.2702 46.10 10/26/2023 101848 CHULA VISTA ALARM, INC SEP 2023 PW - 495 10TH ST 69037 101-1910-419.2023 240026 55.00 10/26/2023 101848 CHULA VISTA ALARM, INC SEP 2023 EOC - 825 IB BLVD 69065 101-1910-419.2023 240026 49.95 10/26/2023 101848 CHULA VISTA ALARM, INC SEP 2023 PW REAR BLDGS - … 69077 101-1910-419.2023 240026 55.00 10/26/2023 101848 CHULA VISTA ALARM, INC SEP 2023 CITY HALL - 825 IB … 69097 101-1910-419.2023 240026 49.95 10/26/2023 101848 CHULA VISTA ALARM, INC OCT 2023 PW - 495 10TH ST 69387 101-1910-419.2023 240026 55.00 10/26/2023 101848 CHULA VISTA ALARM, INC OCT 2023 EOC - 825 IB BLVD 69418 101-1910-419.2023 240026 49.95 10/26/2023 101848 CHULA VISTA ALARM, INC OCT 2023 PW REAR BLDGS - … 69436 101-1910-419.2023 240026 55.00 10/26/2023 101848 CHULA VISTA ALARM, INC OCT 2023 CITY HALL - 825 IB … 69455 101-1910-419.2023 240026 49.95 10/26/2023 101848 CHULA VISTA ALARM, INC OCT 2023 B&G CLUB - 425 IB… 69614 101-1910-419.2023 240026 59.95 10/26/2023 101849 CORODATA RECORDS MANA… AUG 2023 RECORD STORAGE …RS4937339 101-1230-413.2104 61.16 10/26/2023 101849 CORODATA RECORDS MANA… SEP 2023 RECORD STORAGE … RS4946542 101-1230-413.2104 61.16 10/26/2023 101850 EL TAPATIO INC 10/18/23 COUNCIL MTNG - C…10182023 101-1010-411.2804 171.38 10/26/2023 101851 ESRI INC 10/12/23-10/11/24 MAINT, … 94582527 503-1923-419.2813 4,029.32 10/26/2023 101852 EVODC, LLC. EXTENDED BATTERY MODULE…29442 503-1923-419.3022 1,643.45 ATTACHMENT 1

Expense Approval Report Payment Dates: 10/21/2023 - 11/3/2023 11/3/2023 2:21:55 PM Page 2 of 12
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 10/26/2023 101853 EXOS WORKS, INC. AUG 2023 - STAFFING & MA… INV056952 101-6012-451.2006 240126 15,347.75 10/26/2023 101854 FLYERS ENERGY LLC 09/14/23 800 GAS, 140 DSL 23-918866 501-1921-419.2815 5,320.51 10/26/2023 101854 FLYERS ENERGY LLC 09/20/23 863.60 GAS, 230.30…23-925248 501-1921-419.2815 6,053.27 10/26/2023 101854 FLYERS ENERGY LLC 09/28/23 1209 GAS 23-930178 501-1921-419.2815 7,274.98 10/26/2023 101854 FLYERS ENERGY LLC 10/05/23 100 GAS, 1500 DSL 23-935410 501-1921-419.2815 7,526.18 10/26/2023 101854 FLYERS ENERGY LLC 10/12/23 1,129.70 GAS, 133.… 23-941747 501-1921-419.2815 6,263.72 10/26/2023 101855 GRAINGER WELDING HELMETS (2) 9845087684 501-1921-419.3022 395.17 10/26/2023 101855 GRAINGER SCROLL SAW BLADE (2) , CO… 9856799730 501-1921-419.2816 49.84 10/26/2023 101855 GRAINGER MULTITOOL KNIFES (2) 9858054118 501-1921-419.2816 251.50 10/26/2023 101855 GRAINGER EYE WASH STATION, EMER S… 9866541551 501-1921-419.2904 388.05 10/26/2023 101856 HEIDI DICKERSON BUS LIC REFUND - CUSTOMER…INV-00014818 101-0000-321.7210 60.00 10/26/2023 101856 HEIDI DICKERSON BUS LIC REFUND - CUSTOMER…INV-00014818 101-0000-323.7103 66.00 10/26/2023 101856 HEIDI DICKERSON BUS LIC REFUND - CUSTOMER…INV-00014818 101-0000-371.8309 4.00 10/26/2023 101857 HINDERLITER, DE LLAMAS & … Q4/2022 (APR-JUN) - TRANS… SIN028905 101-1210-413.2006 1,574.95 10/26/2023 101857 HINDERLITER, DE LLAMAS & … Q4/2022(APR-JUN) - TRANSA…SIN028905 101-1210-413.2006 600.00 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…CABLE PW GYM - A. RODRIG… 1011517 501-1921-419.2801 152.17 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…SHOP SUPPLY - J. PEREZ TOR… 1011518 501-1921-419.3002 86.38 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…KEYS - K. HENDERSON 1040619 101-6020-452.3002 50.59 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…MISC. REPAIR ITEMS FIREHO… 1081771 101-1910-419.2801 77.39 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…FLAG POLE REPAIR - D. COL… 11666 101-1910-419.2801 4.48 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…PLUMBING SUPPLIES - D. CO…1512207 101-1910-419.3002 101.68 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…PLUMBING REPAIR - D. COL… 1544627 101-1910-419.2801 20.97 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…CONCRETE FOR PATCH - K. H…2040848 101-6020-452.2801 34.31 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…DRAIN CLEANING KIT - H. M… 22145 601-5060-436.3022 941.74 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…TOP SOIL, SOD - A. HERRERA 2290926 101-6040-454.3002 79.51 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…DRILL BITS - D. MARTINEZ 2533581 101-5010-431.3002 18.57 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…OUTLET BOX & COVER, KEY R…3274245 101-1910-419.3002 21.29 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…CUSTODIAL SUPPLIES - G. LA… 3291588A 101-1910-419.3002 90.11 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…PARKS SAFETY SUPPLIES - G. …3291588B 101-6020-452.3002 113.68 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…SAWZALL TOOL - A. RODRIG… 333353 501-1921-419.3022 216.41 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…WEED KILL - G. GLORIA 3520767 101-6040-454.3002 111.83 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…PVC - K. HENDERSON 4014342 101-6020-452.2801 34.92 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…PLIERS FOR ELECTRICAL - A. … 4520628 501-1921-419.2816 64.59 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…SOAP REFILL 50OZ (6) - P. SP… 511314 101-3020-422.3002 109.15 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…PUSH BROOMS, HULA HOE - … 524752 101-6040-454.3002 215.70 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…ELECTRICAL TOOL BAG SUPPL…533848 101-5010-431.3002 67.57 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…PVC PARTS - H. MARTINEZ 6021530 601-5060-436.3002 41.27 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…ANCHOR BOLTS & WASHERS -…6292207 101-1910-419.3002 19.09 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…5 GALLON PAINT, BRUSHES - …6543926 101-6040-454.3002 225.49 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…MULTI SCREW, ZINC- H. CLAY…6543964 101-3070-427.2006 27.35 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…CITY HALL INSULATION - D. … 8013930 101-1910-419.3002 221.04 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…MOP REFILL, MICROFIBER FLI…8274016 101-6012-451.3002 38.15 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…GRINDER, TRUCK 115 SUPPLI… 8520038 101-5010-431.3002 223.50 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…DRILL & SIT SET - A. RODRIG… 8520045 501-1921-419.2816 99.03

Expense Approval Report Payment Dates: 10/21/2023 - 11/3/2023 11/3/2023 2:21:55 PM Page 3 of 12
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…PARKS TRUCKS PARTS - J. PE… 8536500 501-1921-419.2816 155.98 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…COPPER FITTING FOR SHOP A…8542208 501-1921-419.2816 51.86 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…BATTERY OPERATED GREASE… 9448406 101-5010-431.3022 397.60 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…CAULK FOR TRIM WORK - D.… 9521975 101-1910-419.3002 7.71 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…TOWER LIGHT - A. RODRIGU… 9523179 501-1921-419.3022 192.87 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…PRESSURE WASHER PARTS - J…9523180 501-1921-419.2816 90.76 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…TRASH CANS - A. REYES 9534005 101-6040-454.3002 237.94 10/26/2023 101858 HOME DEPOT CREDIT SERVIC…INDUSTRIAL SHELF - H. CLAY… 9970549 101-6012-451.3002 268.30 10/26/2023 101860 JAVIER PEREZ TORRES 2023/10/17 SAFETY EYEGLAS…3006420 502-1922-419.2904 256.95 10/26/2023 101861 LLOYD PEST CONTROL 09/14/23 - 825 IB BLVD #112… 8214778 101-1910-419.2022 240028 39.00 10/26/2023 101861 LLOYD PEST CONTROL 09/14/23 - 845 IB BLVD #112… 8214779 101-1910-419.2022 240028 39.00 10/26/2023 101861 LLOYD PEST CONTROL 09/14/23 - 865 IB BLVD #112… 8214780 101-1910-419.2022 240028 44.00 10/26/2023 101861 LLOYD PEST CONTROL 09/15/23 - 950 OCEAN LN #1…8215923 101-1910-419.2022 240028 65.00 10/26/2023 101861 LLOYD PEST CONTROL 09/20/23 - 495 10TH ST #11… 8220609 101-1910-419.2022 240028 58.00 10/26/2023 101861 LLOYD PEST CONTROL 10/02/23 - 425 IB BLVD #165… 8235375 101-1910-419.2022 240028 60.00 10/26/2023 101862 LOCKMASTERS, INC. NEW LOCK - IT MANAGER OF…1158842-1 101-1910-419.2801 524.38 10/26/2023 101863 MAINTEX, INC. SOAP,DIDINFECT(2),BLEACH,… 1055801-00 101-1910-419.3002 240012 561.15 10/26/2023 101863 MAINTEX, INC. DISH SOAP - PARKS 1055801-01 101-6020-452.3002 240013 58.73 10/26/2023 101863 MAINTEX, INC. TISSUE (8CS), LINER, GLOVES …1058301-00 101-6020-452.3002 240013 1,298.86 10/26/2023 101864 MOST DEPENDABLE FOUNTA…2023/10/18 DRINKING FOUN…INV75789 101-6020-452.2801 298.76 10/26/2023 101865 MUNICIPAL EMERGENCY SE… HYDROGEN SULFIDE 58LT IN1943387 101-3020-422.3002 326.67 10/26/2023 101866 NEXT DAY PRINTED TEES POLOS & EMBROIDERY (9) - … 89616 101-6010-451.2503 321.74 10/26/2023 101866 NEXT DAY PRINTED TEES POLOS & EMBROIDERY (6) - … 89642 101-6010-451.2503 185.53 10/26/2023 101867 ODP BUSINESS SOLUTIONS, L…HAND SANITAZER (3) - PW 332048727001 101-5020-432.3002 110.03 10/26/2023 101867 ODP BUSINESS SOLUTIONS, L…BINDER - PRCS DEPT 333470947001 101-6010-451.3001 22.83 10/26/2023 101867 ODP BUSINESS SOLUTIONS, L…LAMINATED POUCH, THERM… 333473201001 101-6010-451.3001 100.23 10/26/2023 101867 ODP BUSINESS SOLUTIONS, L…MARKERS - PRCS DEPT 333473206001 101-6010-451.3001 14.45 10/26/2023 101867 ODP BUSINESS SOLUTIONS, L…11x17 PAPER - PW 335578321001 101-5020-432.3001 70.74 10/26/2023 101868 O'REILLY AUTO PARTS #3980 CLAY KIT, CAR WASH, FIBER … 3980-100632 501-1921-419.2816 60.83 10/26/2023 101868 O'REILLY AUTO PARTS #3980 ANTIFREEZE 1 GAL 3980-101256 501-1921-419.2816 16.30 10/26/2023 101868 O'REILLY AUTO PARTS #3980 CONTROL ARM (2), CV SHAFT…3980-101266 501-1921-419.2816 511.36 10/26/2023 101868 O'REILLY AUTO PARTS #3980 SWAY BAR- SWAY LINK 3980-101316 501-1921-419.2816 181.50 10/26/2023 101868 O'REILLY AUTO PARTS #3980 SET,PUMP,GASKET(3),HOSES… 3980-101468 501-1921-419.2816 607.18 10/26/2023 101868 O'REILLY AUTO PARTS #3980 RADIATOR -TRUCK 605 3980-101648 501-1921-419.2816 311.79 10/26/2023 101868 O'REILLY AUTO PARTS #3980 ANTIFREEZE(2), GLUE(2), GA… 3980-101663 501-1921-419.2816 75.53 10/26/2023 101868 O'REILLY AUTO PARTS #3980 RETURN- RADIATOR, GASKET …3980-101667 501-1921-419.2816 -225.18 10/26/2023 101868 O'REILLY AUTO PARTS #3980 TRANS MOUNT, TORQUE M… 3980-101677 501-1921-419.2816 190.36 10/26/2023 101868 O'REILLY AUTO PARTS #3980 RETURN- AC CONDENSER - T… 3980-101934 501-1921-419.2816 -147.73 10/26/2023 101868 O'REILLY AUTO PARTS #3980 ROPTOR LINER - TRUCK 600 3980-104020 501-1921-419.2816 288.30 10/26/2023 101869 PARKHOUSE TIRE INC TIRES DISPOSAL 301039728 501-1921-419.2904 68.00 10/26/2023 101870 RAPHAEL'S PARTY RENTALS I… STAGE RENTAL - 2023 TRUNK…211971 101-6014-451.2808 240118 1,301.55 10/26/2023 101871 RED WING BUSINESS ADVAN… WORK BOOTS - T REYES 20230910025372 101-6040-454.3002 175.00 10/26/2023 101872 REXEL, INC. LIGHTS (2) - CITY HALL S137385925.001 101-1910-419.2801 240079 565.50 10/26/2023 101872 REXEL, INC. LIGHTS (8) - CITY HALL S137385925.003 101-1910-419.2801 240079 145.52

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Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 10/26/2023 101872 REXEL, INC. LIGHTS (8) - CITY HALL S137385925.003 101-1910-419.2801 240079 2,365.30 10/26/2023 101872 REXEL, INC. LIGHTS (18) - FLEET DEPT S137401370.003 101-1910-419.2801 240084 305.37 10/26/2023 101872 REXEL, INC. LIGHTS (9) - FLEET DEPT S137401370.005 101-1910-419.2801 240084 184.41 10/26/2023 101872 REXEL, INC. LIGHTS (9) - FLEET DEPT S137401370.005 101-1910-419.2801 240084 4,414.63 10/26/2023 101873 ROGERS, ANDERSON, MALO… FY22-23 AUDIT PROGRESS BI… 73626 101-1210-413.2006 15,000.00 10/26/2023 101874 SO CAL INDUSTRIES 2023/10/17 PORTAPOTTYS F… 655787 101-6014-451.2808 674.25 10/26/2023 101875 SOUTH COAST EMERGENCY … TRDE E-39 OUTLET INSTALLA… 515596 101-3020-422.2801 3,317.80 10/26/2023 101875 SOUTH COAST EMERGENCY … AIRHORN SWITCH- TRUCK E-… 515641 101-3020-422.2801 853.12 10/26/2023 101876 SOUTHLAND WATER TECHN… SYNECO SYSTEMS PEACEMA… 081823-207 601-5060-436.2904 240021 15,427.99 10/26/2023 101877 SPARKLETTS 09/26/23, 10/10/23 WATER … 12529930 101323 101-3020-422.3002 327.74 10/26/2023 101878 SUPERIOR READY MIX CONC… SANDSLURRY -MECHANIC S… 381101 101-5010-431.3002 2,227.21 10/26/2023 101878 SUPERIOR READY MIX CONC… CONCRETE - MECHANIC SHOP 381846 101-5010-431.3002 692.30 10/26/2023 101879 THE SHERWIN-WILLIAMS CO TOUCH UP PAINT 3149-1 101-1910-419.3002 179.60 10/26/2023 101880 TINOSA, INC. AIR SAMPLE ANALYSIS - FD 7733 101-3020-422.3002 300.00 10/26/2023 101881 VALLEY INDUSTRIAL SPECIALT…TAPE, VALVE - TIDELANDS DE…A316517 101-6040-454.3002 240038 133.00 10/26/2023 101882 VERIZON BUSINESS SERVICES SEP 2023 SV202863 - MS 72725003 503-1923-419.2704 120.09 10/26/2023 101882 VERIZON BUSINESS SERVICES SEP 2023 SV886848 - SENIOR…72725719 503-1923-419.2704 92.09 10/26/2023 101882 VERIZON BUSINESS SERVICES SEP 2023 SV202862 - FD 72725756 503-1923-419.2704 114.13 10/26/2023 101882 VERIZON BUSINESS SERVICES SEP 2023 SV202864 - PW 72725764 503-1923-419.2704 181.99 10/26/2023 101882 VERIZON BUSINESS SERVICES SEP 2023 SV202861 - CITY H… 72726389 503-1923-419.2704 670.06 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 NO COST…9946333929 101-1010-411.2705 41.51 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 CITY CO… 9946333929 101-1010-411.2705 404.80 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 CITY CLE… 9946333929 101-1020-411.2705 125.92 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 NO COST…9946333929 101-1110-412.2705 23.49 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 HUMAN … 9946333929 101-1130-412.2705 49.42 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 FINANCE 9946333929 101-1210-413.2705 158.87 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 NO COST…9946333929 101-1210-413.2705 23.49 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 NO COST…9946333929 101-1230-413.2705 23.49 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 COMM … 9946333929 101-1230-413.2705 93.84 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 FACILITIES 9946333929 101-1910-419.2705 121.53 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 NON DE… 9946333929 101-1920-419.2705 228.06 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 FIRE 9946333929 101-3020-422.2705 140.47 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 NO COST…9946333929 101-3020-422.2705 46.98 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 NO COST…9946333929 101-3030-423.2705 23.49 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 LIFEGUA… 9946333929 101-3030-423.2705 451.75 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 BUILDING 9946333929 101-3040-424.2705 142.27 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 HOUSING 9946333929 101-3040-424.2705 52.13 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 CODE 9946333929 101-3070-427.2705 130.95 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 STREETS 9946333929 101-5010-431.2705 207.60 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 PUBLIC … 9946333929 101-5020-432.2705 274.35 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 ENV SER… 9946333929 101-5050-435.2705 23.86 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 RECREAT…9946333929 101-6010-451.2705 348.53 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 RANGER 9946333929 101-6010-451.2705 41.51 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 PARKS 9946333929 101-6020-452.2705 203.08

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Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 TIDELAN… 9946333929 101-6040-454.2705 142.01 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 FLEET 9946333929 501-1921-419.2705 30.27 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 INFO TE… 9946333929 503-1923-419.2705 209.73 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 NO COST…9946333929 503-1923-419.2705 636.20 10/26/2023 101883 VERIZON WIRELESS 09/09/23-10/08/23 SEWER 9946333929 601-5060-436.2705 327.02 10/26/2023 101884 VINYARD DOORS, INC. DOORS SRVCS - FD 108083 101-1910-419.2104 604.25 10/26/2023 101885 VIRTUAL PROJECT MANAGER,…OCT 2023 SOFTWARE SYS M… 12-3779 601-5060-536.2006 500.00 10/26/2023 101886 WAXIE SANITARY SUPPLY LEMON DESINFECTANT (6CS) 81880188 101-6040-454.3002 240044 468.58 10/26/2023 101886 WAXIE SANITARY SUPPLY AUTOMATIC DISPENSER SOAP 81894237 101-6040-454.3002 240044 63.14 10/26/2023 101886 WAXIE SANITARY SUPPLY LEMON DESINFECTANT (6CS),…81953493 101-6040-454.3002 240044 559.81 10/26/2023 101886 WAXIE SANITARY SUPPLY LEMON DESINFECTANT (8CS) 82002913 101-6040-454.3002 240044 621.22 11/02/2023 101887 ABTECH TECHNOLOGIES DISPLAY MONITORS (16) 2310031-IN 503-1923-419.3022 3,629.43 11/02/2023 101888 AGRICULTURAL PEST CONTR… 10/19/23 BIRD CONTROL 716560 101-6040-454.2022 240039 500.00 11/02/2023 101889 AMEC FOSTER WHEELER ENV…JUL 2023 SD BAY WMA WQIP…S641134009 101-0000-221.0110 240117 1,049.66 11/02/2023 101889 AMEC FOSTER WHEELER ENV…JUL 2023 SD BAY WMA WQIP…S641134009 101-5050-540.2006 240117 9,272.00 11/02/2023 101889 AMEC FOSTER WHEELER ENV…JUL 2023 TJ RIVER WMA WQ… S641134010 101-5050-540.2006 240116 11,379.70 11/02/2023 101889 AMEC FOSTER WHEELER ENV…AUG 2023 SD BAY WMA WQI…S64114036 101-0000-221.0110 240117 13,523.64 11/02/2023 101889 AMEC FOSTER WHEELER ENV…AUG 2023 TJ RIVER WMA WQ…S64114037 101-5050-540.2006 240116 9,928.82 11/02/2023 101890 AUDREY MALONE REIMB - ECS IMAGING/NUTS… 10-30-2023 101-1020-411.2806 106.77 11/02/2023 101891 BAUER COMPRESSOR, INC. FIRE DEX H41 INTERCEPTOR … 0000312421 101-3020-422.3002 521.61 11/02/2023 101892 BRIZO, INC REDESIGN/REPLACE CABLING…23-0454 101-3030-423.5007 2,000.00 11/02/2023 101892 BRIZO, INC REDESIGN/REPLACE CABLING…23-0454 101-3030-423.5007 240086 24,994.48 11/02/2023 101893 CALIFORNIA BUILDING STAN… JUL-SEP 2023 (CY Q3) CA STA…10-27-2023 101-0000-221.0107 240.63 11/02/2023 101893 CALIFORNIA BUILDING STAN… JUL-SEP 2023 (CY Q3) CA STA…10-27-2023 101-0000-371.8303 -41.16 11/02/2023 101894 CALWEN INC. SRT GLOVES (3) - MS DEPT 131593 101-3030-423.3002 123.33 11/02/2023 101895 CANDELARIA RAMIREZ MAY 2023 CHAIR/FLOOR YO… 101823CR1 101-6010-451.2107 138.00 11/02/2023 101895 CANDELARIA RAMIREZ JUN 2023 CHAIR/FLOOR YOG…101823CR2 101-6010-451.2107 90.00 11/02/2023 101895 CANDELARIA RAMIREZ JUL 2023 CHAIR/FLOOR YOGA…101823CR3 101-6010-451.2107 90.00 11/02/2023 101895 CANDELARIA RAMIREZ AUG 2023 CHAIR/FLOOR YO… 101823CR4 101-6010-451.2107 105.00 11/02/2023 101895 CANDELARIA RAMIREZ SEP 2023 CHAIR/FLOOR YOG… 101823CR5 101-6010-451.2107 81.00 11/02/2023 101896 CART-AWAY CONCRETE SYST… CONCRETE MIXING TRAILER P-2208454 207-5010-431.5004 240080 46,318.20 11/02/2023 101897 CINTAS CORPORATION 10/17/23 FACILITIES MATS 4171017990 101-1910-419.2006 240042 32.94 11/02/2023 101897 CINTAS CORPORATION 10/17/23 PW UNIFORMS 4171018191 101-5020-432.2503 240017 311.82 11/02/2023 101897 CINTAS CORPORATION 10/24/23 PW UNIFORMS 4171728107 101-5020-432.2503 240017 311.62 11/02/2023 101898 CITY OF SAN DIEGO FY24 Q2 (OCT-DEC) METROP… 1000368454 601-5060-436.2104 240052 872,368.00 11/02/2023 101899 COAR DESIGN GROUP OCT 2023-CONST DOCS,GYM …21955 214-5000-532.2006 230243-R1 26,625.00 11/02/2023 101900 CONTACTA, INC. SPEECH SYS WITH BENT SCRE…12438 214-5000-532.2006 33.69 11/02/2023 101900 CONTACTA, INC. SPEECH SYS WITH BENT SCRE…12438 214-5000-532.2006 240124 1,553.25 11/02/2023 101901 COUNTY OF SAN DIEGO EXEMPT FEE USE-22-0115 - 8…10262023 USE-22-0115 101-0000-221.0102 50.00 11/02/2023 101902 COUNTY OF SAN DIEGO EXEMPT FEE USE-22-0112 - 6…10272023 USE-22-0112 101-0000-221.0102 50.00 11/02/2023 101903 COUNTY OF SAN DIEGO EXEMPT FEE USE-23-0047 - 1…10252023 USE-23-0047 101-0000-221.0102 50.00 11/02/2023 101904 COUNTY OF SAN DIEGO EXEMPT FEE USE-23-0046 - 1…10242023 USE-23-0046 101-0000-221.0102 50.00 11/02/2023 101905 COUNTY OF SAN DIEGO EXEMPT FEE USE-21-0047 - 6…10272023 USE-23-0030 101-0000-221.0102 50.00 11/02/2023 101906 COX COMMUNICATIONS 10/22/23-11/21/23 - 495 10… 10-24-2023 4601 503-1923-419.2104 241.45

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Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 11/02/2023 101907 DAVID RODRIGUEZ MARIACHI (1H) - DIA DE MU… 100 101-6014-451.2808 650.00 11/02/2023 101908 DEPT. OF CONSERVATION JUL-SEP 2023 (CYQ3) SMIP F… 10-27-2023 101-0000-211.0101 441.17 11/02/2023 101908 DEPT. OF CONSERVATION JUL-SEP 2023 (CYQ3) SMIP F… 10-27-2023 101-0000-371.8303 -53.68 11/02/2023 101909 DIVISION OF THE STATE ARC… JUL-SEP 2023 SB1186 CONTR…10-25-2023 101-0000-371.8309 270.80 11/02/2023 101910 ELITE TRAFFIC DYNAMICS, LL… 24HR ADT SEGMENT COUNTS…ETD23-1013-01 101-5010-431.2104 240109 1,430.00 11/02/2023 101911 GFOA ANNUAL GAAP UPDATE REGI… 3128157 101-1210-413.2804 135.00 11/02/2023 101912 GRAINGER CAUTION TAPE(2), EYE WASH…9865776737 601-5060-436.3002 240068 260.72 11/02/2023 101913 HDL COREN & CONE OCT-DEC 2023 CONTRACT S… SIN032868 101-1210-413.2006 1,012.50 11/02/2023 101913 HDL COREN & CONE OCT-DEC 2023 CONTRACT S… SIN032868 303-1250-413.2006 1,012.50 11/02/2023 101914 IPMA/SAN DIEGO INTERNAT… IPMA-HR/PSHRA TRAINING -… 10-30-2023 101-1130-412.2804 70.00 11/02/2023 101915 LIEBERT, CASSIDY, WHITMO…SEP 2023 - GENERAL SRVCS 253161 101-1130-412.2006 2,971.00 11/02/2023 101916 LIFE-ASSIST,INC. EMS SUPPLIES - FD 1365216 101-3020-422.3002 72.81 11/02/2023 101917 LORENA ALLEN OCT 2023 - IB WALKING CLUB…10262023LA-1 101-6010-451.2107 200.00 11/02/2023 101918 MICHAEL BAKER INTERNATI… 09/08/23 PS5/PS7 UPGRADES…1189772 601-5060-536.2006 240125 2,400.00 11/02/2023 101918 MICHAEL BAKER INTERNATI… 10/17/23 PS5/PS7 UPGRADES…1193581 601-5060-536.2006 240125 2,400.00 11/02/2023 101918 MICHAEL BAKER INTERNATI… ENDING 10/01/23 - 9TH ST I… 1193950 202-5016-531.2006 240115 1,776.06 11/02/2023 101918 MICHAEL BAKER INTERNATI… ENDING 10/01/23 - 9TH ST I… 1193950 214-5000-532.2006 240115 15,984.54 11/02/2023 101919 MITY LITE, INC. CHAIRS (36), CART - SENIOR … 00166446 101-6030-453.5004 240087 4,378.30 11/02/2023 101920 NATIONWIDE MEDICAL SURG…FENTANYL CITRATE 50MCG/… IN29539 101-3020-422.3002 72.25 11/02/2023 101921 NEXTAFF GROUP, LLC. WE 10/15/23 (18 HRS) - HR T…5050874 101-1130-412.2101 675.00 11/02/2023 101922 ODP BUSINESS SOLUTIONS, L…RETURN - EXPANSION FOLDE…334933859001 101-1210-413.3001 -121.79 11/02/2023 101922 ODP BUSINESS SOLUTIONS, L…ENVELOPES (5BX) - FINANCE 335408968001 101-1210-413.3002 202.87 11/02/2023 101922 ODP BUSINESS SOLUTIONS, L…STAMP, DUSTER, TAPE - FIN… 336551468001 101-1210-413.3001 44.64 11/02/2023 101922 ODP BUSINESS SOLUTIONS, L…AA BATTERIES 12 PK - FINAN… 336552890001 101-1210-413.3001 9.79 11/02/2023 101922 ODP BUSINESS SOLUTIONS, L…BINDER CLIPS BX - FINANCE 336552895001 101-1210-413.3001 5.43 11/02/2023 101923 O'REILLY AUTO PARTS #3980 ROPTOR LINER SALES TAX P… 3980-104020B 501-1921-419.2816 25.23 11/02/2023 101924 PRISM SURVEYING & CONST… REIMBURSEMENT FOR OVER… 20227000260 502-1922-419.2819 138.78 11/02/2023 101925 RAPHAEL'S PARTY RENTALS I… TABLES(6),STOOLS(24),POP … 341373 101-6014-451.2808 1,785.35 11/02/2023 101925 RAPHAEL'S PARTY RENTALS I… STAGE RENTAL - POP-UP ROL…341768 101-6014-451.2808 519.40 11/02/2023 101926 SAN DIEGO COUNTY SHERIFF SEP 2023 SHERIFF SRVCS - (T… 09-1-2023 101-0000-338.6003 -1,270.33 11/02/2023 101926 SAN DIEGO COUNTY SHERIFF SEP 2023 SHERIFF SRVCS - (R… 09-1-2023 101-3010-421.2006 1,359.19 11/02/2023 101926 SAN DIEGO COUNTY SHERIFF SEP 2023 SHERIFF SRVCS 09-1-2023 101-3010-421.2006 683,563.77 11/02/2023 101926 SAN DIEGO COUNTY SHERIFF SEP 2023 SHERIFF SRVCS - (B… 09-1-2023 101-3010-421.2006 9,710.42 11/02/2023 101926 SAN DIEGO COUNTY SHERIFF SEP 2023 SHERIFF SRVCS - (C… 09-1-2023 212-3036-421.2006 16,116.90 11/02/2023 101927 SEMITORR GROUP, LLC. VALVE CHECK - PS 1B 5577482 601-5060-436.2801 240040 12,282.23 11/02/2023 101928 SIGNAL HILL AUTO ENTERPRI… GLOVES (10 BX) 045802-01 101-6040-454.3002 240043 97.88 11/02/2023 101928 SIGNAL HILL AUTO ENTERPRI… GLOVES (20BX), GLOVES (4CS…047006 101-6040-454.3002 240043 614.13 11/02/2023 101928 SIGNAL HILL AUTO ENTERPRI… CLEANER(2CT), CAN LINER(1… 047299 101-6040-454.3002 240043 1,044.05 11/02/2023 101928 SIGNAL HILL AUTO ENTERPRI… CAN LINER (4CS), GLOVES (2… 047694 101-6040-454.3002 240043 690.28 11/02/2023 101929 SITEONE LANDSCAPE SUPPLY,…OUTDOOR CONTROLLER (2), … 135922327-001 101-6040-454.3002 240037 283.32 11/02/2023 101930 SONIA MAYORGA OCT 2023 - IB WALKING CLUB 10252023SM-2 101-6010-451.2107 200.00 11/02/2023 101931 STAFF PRO INC SECURITY - 2023 SYMPHONY… 14850852 101-6014-451.2808 240110 3,857.25 11/02/2023 101931 STAFF PRO INC SECURITY - 2023 SYMPHONY… 14850852 101-6014-451.2808 312.75 11/02/2023 101932 SUNBELT RENTALS, INC. GENERATOR RENTAL - SYMP… 145596094-0001 101-6014-451.2808 2,186.89

Expense Approval Report Payment Dates: 10/21/2023 - 11/3/2023 11/3/2023 2:21:55 PM Page 7 of 12
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 11/02/2023 101933 SUZANNE DUVALL MAY 2023 ZUMBA - 4 CLASS… 101923SD1 101-6010-451.2107 111.00 11/02/2023 101933 SUZANNE DUVALL JUN 2023 ZUMBA - 4 CLASSES 101923SD2 101-6010-451.2107 114.00 11/02/2023 101933 SUZANNE DUVALL JUL 2023 ZUMBA - 3 CLASSES 101923SD3 101-6010-451.2107 78.00 11/02/2023 101933 SUZANNE DUVALL AUG 2023 ZUMBA - 4 CLASSES 101923SD4 101-6010-451.2107 96.00 11/02/2023 101933 SUZANNE DUVALL SEP 2023 ZUMBA - 3 CLASSES 101923SD5 101-6010-451.2107 72.00 11/02/2023 101934 TALLAL, INC. 10/27/23 OUTDOOR MOVIE -…102523-IB 101-6014-451.2808 1,495.00 11/02/2023 101935 TBT, INC. KITCHEN/OFFICE DOORS - SE… 210087 214-5000-532.2006 240081 7,148.00 11/02/2023 101936 TRAFFIC LOGIX CORP SOLAR SIGNS (4) SIN22341 101-5010-431.2123 240073 25,695.52 11/02/2023 101937 TRANE U.S. INC. HVAC PM SRVC 314014902 101-1910-419.2104 240113 6,677.50 11/02/2023 101938 U.S. BANK CORPORATE PAY… SEP-OCT 2023 P-CARD CHAR… 10232023 101-1210-413.2102 28,687.42 11/02/2023 101939 UNDERGROUND SERVICE AL… SEP 2023 NEW TICKET CHAR… 920230334 601-5060-436.2023 240015 74.75 11/02/2023 101940 VERIZON WIRELESS 09/20/23-10/19/23 SIM CAR… 9947275043 101-3020-422.2705 111.14 11/02/2023 101941 WHITE CAP CONSTRUCTION … HIGH VISIBILITY VESTS (6) 50023605887 601-5060-436.3002 240069 431.10 10/27/2023 DFT0007187 COLONIAL LIFE & ACCIDENT COLONIAL PRE-TAX Oct 2023 …94981141002198 101-0000-209.0113 25.00 10/31/2023 DFT0007236 AFLAC AFLAC POST-TAX Oct 2023 E… 655605 101-0000-209.0113 121.68 10/31/2023 DFT0007237 AFLAC AFLAC PRE-TAX Oct 2023 EFT 655605 (2) 101-0000-209.0113 509.93 10/27/2023 DFT0007238 CALIFORNIA STATE DISBURS… SDU CHILD SUPPORT PPE 10/…45921739 101-0000-209.0107 523.51 10/27/2023 DFT0007247 CALPERS LG L2 23011 EE PPE 10/19/2… 100000017281121 EE 101-0000-209.0106 402.16 10/27/2023 DFT0007248 CALPERS LG L2 23011 ER PPE 10/19/2… 100000017281121 ER 101-0000-209.0106 500.36 10/27/2023 DFT0007249 CALPERS MISC L2 23012 EE PPE 10/19… 100000017281175 EE 101-0000-209.0106 1,330.87 10/27/2023 DFT0007250 CALPERS MISC L2 23012 ER PPE 10/19… 100000017281175 ER 101-0000-209.0106 1,661.01 10/27/2023 DFT0007250 CALPERS MISC L2 23012 ER PPE 10/19… 100000017281175 ER 101-0000-209.0106 2.56 10/27/2023 DFT0007251 CALPERS FIRE PEPRA 25375 EE PPE 10… 100000017281213 EE 101-0000-209.0106 4,393.18 10/27/2023 DFT0007252 CALPERS FIRE PEPRA 25375 ER PPE 10… 100000017281213 ER 101-0000-209.0106 4,326.10 10/27/2023 DFT0007253 CALPERS LG PEPRA 25376 EE PPE 10/1…100000017281254 EE 101-0000-209.0106 2,098.65 10/27/2023 DFT0007254 CALPERS LG PEPRA 25376 ER PPE 10/1…100000017281254 ER 101-0000-209.0106 2,066.60 10/27/2023 DFT0007255 CALPERS MISC PEPRA 26352 EE PPE 10…100000017281290 EE 101-0000-209.0106 10,378.13 10/27/2023 DFT0007256 CALPERS MISC PEPRA 26352 ER PPE 1… 100000017281290 ER 101-0000-209.0106 10,284.44 10/27/2023 DFT0007256 CALPERS MISC 26352 ER PPE 10/19/2… 100000017281290 ER 101-0000-209.0106 0.01 10/27/2023 DFT0007257 CALPERS FIRE L1 4625 EE PPE 10/19/2… 100000017281043 EE 101-0000-209.0106 3,813.01 10/27/2023 DFT0007258 CALPERS FIRE L1 4625 ER PPE 10/19/2… 100000017281043 ER 101-0000-209.0106 4,912.46 10/27/2023 DFT0007259 CALPERS LG L1 4626 EE PPE 10/19/23 100000017281081 EE 101-0000-209.0106 1,072.62 10/27/2023 DFT0007260 CALPERS LG L1 4626 ER PPE 10/19/20… 100000017281081 ER 101-0000-209.0106 1,340.77 10/27/2023 DFT0007261 CALPERS MISC L1 470 EE PPE 10/19/2… 100000017281006 EE 101-0000-209.0106 7,722.05 10/27/2023 DFT0007262 CALPERS MISC L1 470 ER PPE 10/19/2… 100000017281006 ER 101-0000-209.0106 9,402.34 10/27/2023 DFT0007262 CALPERS MISC L1 470 ER PPE 10/19/2… 100000017281006 ER 101-0000-209.0106 -0.01 10/27/2023 DFT0007263 CALPERS SCP ARSC POST-TAX PPE 10/… PPE 10-19-23 ARSCT 101-0000-209.0106 180.63 10/27/2023 DFT0007264 CALPERS SCP SPM PRE-TAX PPE 10/19… PPE 10-19-23 SPMTD 101-0000-209.0106 87.85 10/27/2023 DFT0007265 CALPERS PERS SCP SPM TAXED 10/19/… PPE 10-19-23 SPMT 101-0000-209.0106 395.55 10/27/2023 DFT0007269 STATE OF CALIFORNIA STATE TAX W/H PPE 10/19/23 7421973 101-0000-209.0105 12,926.39 10/27/2023 DFT0007269 STATE OF CALIFORNIA STATE TAX W/H PPE 10/19/2… 7421973 101-0000-209.0105 17.38 10/26/2023 DFT0007270 STATE OF CALIFORNIA SDI W/H PPE 10/19/23 7421976 101-0000-209.0115 326.26 10/27/2023 DFT0007271 INTERNAL REVENUE SERVICE FED TAX W/H PPE 10/19/23 65865431 FED 101-0000-209.0102 33,854.11 10/27/2023 DFT0007271 INTERNAL REVENUE SERVICE FED TAX W/H PPE 10/19/23 … 65865431 FED 101-0000-209.0102 37.36

Expense Approval Report Payment Dates: 10/21/2023 - 11/3/2023 11/3/2023 2:21:55 PM Page 8 of 12
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 10/27/2023 DFT0007272 INTERNAL REVENUE SERVICE MEDICARE W/H PPE 10/19/23 65865431 MED 101-0000-209.0104 11,057.98 10/27/2023 DFT0007272 INTERNAL REVENUE SERVICE MEDICARE W/H PPE 10/19/2…65865431 MED 101-0000-209.0104 76.67 10/27/2023 DFT0007274 INTERNAL REVENUE SERVICE SOCIAL SECURITY PPE 10/19/…65865431 SS 101-0000-209.0104 39,946.84 10/27/2023 DFT0007283 MIDAMERICA ADMINISTRATI…OCT 2023 PLAN FSA CLAIMS -…10-27-2023 101-0000-209.0125 50.00 Grand Total: 2,173,119.97

Expense Approval Report Payment Dates: 10/21/2023 - 11/3/2023 11/3/2023 2:21:55 PM Page 9 of 12
Report Summary
Fund Summary
Fund Payment Amount
101 - GENERAL FUND 1,091,961.19
202 - PROP "A" (TRANSNET) FUND 1,776.06
207 - RMRA 46,318.20
212 - SLESF (COPS) FUND 16,116.90
214 - MISCELLANEOUS GRANTS 51,344.48
303 - REDEV OBLIG RETIRE FUND 1,012.50
501 - VEHICLE REPLACEMENT/MAINT 36,787.01
502 - RISK MANAGEMENT FUND 395.73
503 - TECHNOLOGY/COMMUNICATIONS 16,286.68
601 - SEWER ENTERPRISE FUND 911,121.22
Grand Total: 2,173,119.97
Account Summary
Account Number Account Name Payment Amount
101-0000-209.0102 P/R FIT PAYABLE 33,891.47
101-0000-209.0104 P/R FICA PAYABLE 51,081.49
101-0000-209.0105 P/R STATE TAX LIABILITI… 12,943.77
101-0000-209.0106 P/R PERS RETIREMENT P… 66,371.34
101-0000-209.0107 P/R GARNISHMENT PAY… 523.51
101-0000-209.0113 P/R VOLUNTARY LIFE IN… 656.61
101-0000-209.0115 P/R STD-PART-TIME 326.26
101-0000-209.0125 P/R FSA 50.00
101-0000-211.0101 STRONG MOTION INST (… 441.17
101-0000-221.0102 DEVELOPER DEPOSITS 250.00
101-0000-221.0107 STATE GREEN BLDG FEE 240.63
101-0000-221.0110 WQIP-COST SHARE DEP… 14,573.30
101-0000-321.7210 BUSINESS LICENSE 60.00
101-0000-323.7103 RES/FIRE INSPECTION FE… 66.00
101-0000-338.6003 VEHICLE IMPOUND FEE -1,270.33
101-0000-371.8303 MISCELLANEOUS REVEN… -94.84
101-0000-371.8309 SB 1186 DISABILITY ACC… 274.80
101-1010-411.2705 UTILITIES-CELL PHONES 446.31
101-1010-411.2804 TRAVEL, TRAINING, MEE… 171.38
101-1020-411.2705 UTILITIES-CELL PHONES 125.92
101-1020-411.2806 MILEAGE REIMBURSEM… 106.77
101-1110-412.2705 UTILITIES-CELL PHONES 23.49
101-1130-412.2006 PROFESSIONAL SERVICES 2,971.00
101-1130-412.2101 TEMPORARY STAFFING 675.00
101-1130-412.2705 UTILITIES-CELL PHONES 49.42
101-1130-412.2804 TRAVEL, TRAINING, MEE… 70.00

Expense Approval Report Payment Dates: 10/21/2023 - 11/3/2023 11/3/2023 2:21:55 PM Page 10 of 12
Account Summary
Account Number Account Name Payment Amount
101-1210-413.2006 PROFESSIONAL SERVICES 18,187.45
101-1210-413.2102 ADMINISTRATION CHAR… 28,687.42
101-1210-413.2705 UTILITIES-CELL PHONES 182.36
101-1210-413.2804 TRAVEL, TRAINING, MEE… 135.00
101-1210-413.3001 OFFICE SUPPLIES -61.93
101-1210-413.3002 OPERATING SUPPLIES 202.87
101-1230-413.2104 TECHNICAL SERVICES 122.32
101-1230-413.2705 UTILITIES-CELL PHONES 117.33
101-1910-419.2006 PROFESSIONAL SERVICES 32.94
101-1910-419.2022 PEST CONTROL SERVICE 305.00
101-1910-419.2023 SECURITY & ALARM 479.75
101-1910-419.2104 TECHNICAL SERVICES 7,281.75
101-1910-419.2702 UTILITIES-WATER 1,717.43
101-1910-419.2705 UTILITIES-CELL PHONES 121.53
101-1910-419.2801 MAINTENANCE & REPAIR 8,607.95
101-1910-419.3002 OPERATING SUPPLIES 1,201.67
101-1920-419.2705 UTILITIES-CELL PHONES 228.06
101-3010-421.2006 PROFESSIONAL SERVICES 694,633.38
101-3020-422.2705 UTILITIES-CELL PHONES 298.59
101-3020-422.2801 MAINTENANCE & REPAIR 4,170.92
101-3020-422.3002 OPERATING SUPPLIES 1,730.23
101-3030-423.2503 RENT-UNIFORMS 285.41
101-3030-423.2705 UTILITIES-CELL PHONES 475.24
101-3030-423.3002 OPERATING SUPPLIES 123.33
101-3030-423.5007 PORT EQUIPMENT - REI… 26,994.48
101-3040-424.2705 UTILITIES-CELL PHONES 194.40
101-3070-427.2006 PROFESSIONAL SERVICES 27.35
101-3070-427.2705 UTILITIES-CELL PHONES 130.95
101-5010-431.2104 TECHNICAL SERVICES 1,430.00
101-5010-431.2123 TRAFFIC CONTROL 25,695.52
101-5010-431.2705 UTILITIES-CELL PHONES 207.60
101-5010-431.3002 OPERATING SUPPLIES 3,229.15
101-5010-431.3022 SMALL TOOLS/NON-CAP… 397.60
101-5020-432.2503 RENT-UNIFORMS 623.44
101-5020-432.2705 UTILITIES-CELL PHONES 274.35
101-5020-432.3001 OFFICE SUPPLIES 70.74
101-5020-432.3002 OPERATING SUPPLIES 110.03
101-5050-435.2705 UTILITIES-CELL PHONES 23.86
101-5050-540.2006 PROFESSIONAL SERVICES 30,580.52
101-6010-451.2107 CONTRACTS - RECREATI… 1,375.00
101-6010-451.2503 RENT-UNIFORMS 507.27
101-6010-451.2705 UTILITIES-CELL PHONES 390.04

Expense Approval Report Payment Dates: 10/21/2023 - 11/3/2023 11/3/2023 2:21:55 PM Page 11 of 12
Account Summary
Account Number Account Name Payment Amount
101-6010-451.3001 OFFICE SUPPLIES 137.51
101-6012-451.2006 PROFESSIONAL SERVICES 15,347.75
101-6012-451.3002 OPERATING SUPPLIES 306.45
101-6014-451.2006 PROFESSIONAL SERVICES 435.00
101-6014-451.2808 COMMUNITY PROGRAMS 13,099.23
101-6020-452.2702 UTILITIES-WATER 3,348.36
101-6020-452.2705 UTILITIES-CELL PHONES 203.08
101-6020-452.2801 MAINTENANCE & REPAIR 367.99
101-6020-452.3002 OPERATING SUPPLIES 1,521.86
101-6030-453.5004 EQUIPMENT 4,378.30
101-6040-454.2022 PEST CONTROL SERVICE 500.00
101-6040-454.2705 UTILITIES-CELL PHONES 142.01
101-6040-454.3002 OPERATING SUPPLIES 5,620.88
202-5016-531.2006 PROFESSIONAL SERVICES 1,776.06
207-5010-431.5004 EQUIPMENT 46,318.20
212-3036-421.2006 PROFESSIONAL SERVICES 16,116.90
214-5000-532.2006 PROFESSIONAL SERVICES 51,344.48
303-1250-413.2006 PROFESSIONAL SERVICES 1,012.50
501-1921-419.2104 TECHNICAL SERVICES 160.00
501-1921-419.2705 UTILITIES-CELL PHONES 30.27
501-1921-419.2801 MAINTENANCE & REPAIR 152.17
501-1921-419.2815 VEHICLE OPERATE-FUEL… 32,438.66
501-1921-419.2816 VEHICLE OPERATE-PARTS… 2,659.03
501-1921-419.2904 OTHER SERVICES & CHA… 456.05
501-1921-419.3002 OPERATING SUPPLIES 86.38
501-1921-419.3022 SMALL TOOLS/NON-CAP… 804.45
502-1922-419.2819 PYMT OF WORK COMP C… 138.78
502-1922-419.2904 OTHER SERVICES & CHA… 256.95
503-1923-419.2006 PROFESSIONAL SERVICES 4,718.74
503-1923-419.2104 TECHNICAL SERVICES 241.45
503-1923-419.2704 UTILITIES-TELEPHONE 1,178.36
503-1923-419.2705 UTILITIES-CELL PHONES 845.93
503-1923-419.2813 FEES & LICENSES 4,029.32
503-1923-419.3022 SMALL TOOLS/NON-CAP… 5,272.88
601-5060-436.2023 SECURITY & ALARM 74.75
601-5060-436.2104 TECHNICAL SERVICES 872,368.00
601-5060-436.2702 UTILITIES-WATER 3,666.40
601-5060-436.2705 UTILITIES-CELL PHONES 327.02
601-5060-436.2801 MAINTENANCE & REPAIR 12,282.23
601-5060-436.2904 OTHER SERVICES & CHA… 15,427.99
601-5060-436.3002 OPERATING SUPPLIES 733.09
601-5060-436.3022 SMALL TOOLS/NON-CAP… 941.74

Expense Approval Report Payment Dates: 10/21/2023 - 11/3/2023 11/3/2023 2:21:55 PM Page 12 of 12
Account Summary
Account Number Account Name Payment Amount
601-5060-536.2006 PROFESSIONAL SERVICES 5,300.00
Grand Total: 2,173,119.97
Project Account Summary
Project Account Key Payment Amount
**None** 2,018,816.68
22-0112-DEP 50.00
22-0115-DEP 50.00
23-0030-DEP 50.00
23-0046-DEP 50.00
23-0047-DEP 50.00
GRT068-EXP 400.00
S22101-ENG 15,984.54
S22101-TRANSNET 1,776.06
SP1406-REV 274.80
SP1509-EXP 7,031.14
SP1702-EXP 1,785.35
SP2109-EXP 9,710.42
SP22101-SPORT 26,625.00
SP22101-SR 8,734.94
SP23104-DIA 650.00
SP23104-TRUNK 3,113.34
SP2400-P 23,845.30
SP2401-P 21,308.52
SP24101-EXP 26,994.48
SP24102-EXP 519.40
W21107-P 5,300.00
Grand Total: 2,173,119.97

P a g e | 1
November 15, 2023
ITEM TITLE: RESOLUTION 2023-102 CONTINUING THE PROCLAMATION OF A STATE OF

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

Environmental & Natural Resources
EXECUTIVE SUMMARY:

This resolution maintains the City's declaration of a local state of emergency caused by the effects of cross-border pollution originating from the Tijuana River, including both treated and untreated wastewater. Due to contaminated flows in the river, the stretch of Imperial Beach shoreline between the southern end of Seacoast Drive and the border remains severely impacted, with closures lasting all of 2023 to date, 365 days in 2022, 246 days in 2021, 295 days in 2020, 245 days in 2019, and 101 days in 2018. The persistent impacts of these flows continue to affect the Tijuana River valley, Estuary, and beach water quality.

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

RECOMMENDATION:

Adopt Resolution No. 2023-102 to maintain a state of local emergency related to the cross-border pollution impacts from the Tijuana River and authorize the City Manager, Mayor, and Councilmembers to work with local, State, Federal, and Mexican authorities to advance binational projects to improve conditions in the Tijuana River.

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

The presence of cross-border pollution in the Tijuana River, combined with the lack of action from federal and state agencies to address this issue, constitutes compelling evidence for the declaration of a local state of emergency within the City. The pollution in the river poses a serious threat to the health and safety of citizens and wildlife in the City of Imperial Beach, with particularly acute effects during and after rain events or illegal discharge events. This pollution has a severe impact on the surrounding ecosystem, leading to poor water quality that can persist for days or even months. Furthermore, the pollution has a significant impact on recreational activities along the Imperial Beach shoreline, with beach closures causing disruption to residents and visitors alike.

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

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

None
ATTACHMENTS:

ATT 1 - Resolution 2023-102

ATTACHMENT 1
RESOLUTION NO. 2023-102

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

CONTINUING THE PROCLAMATION OF A STATE OF LOCAL EMERGENCY RELATING TO

IMPACTS FROM CROSS-BORDER POLLUTION IN THE TIJUANA RIVER WHEREAS, Government Code Section 8630 and Imperial Beach Municipal Code (IBMC) Section 2.52.060 empower the City Manager, acting as the Director of Emergency Services, to request that the City Council proclaim the existence of a local emergency when the City is affected by a public calamity; and
WHEREAS, the City Manager, as Director of Emergency Services of the City of Imperial Beach, does hereby find that continued conditions of extreme peril to safety of persons, property, and environment have arisen within said City, caused by persistent impacts from cross-border pollution in the Tijuana River; and
WHEREAS, the persistent impact of cross-border flows of treated and untreated wastewater in the Tijuana River, excessive discharge of sediment into the Tijuana Estuary during storm events, and the continued impact of trash and waste tires in the Tijuana River Valley maintains a condition of extreme peril in the City; and WHEREAS, transboundary flow events in the Tijuana River impacts water quality along the Imperial Beach shoreline and result in significant beach closure days at Border Field State Park, which include 101 days in 2018; 243 days in 2019; 295 days in 2020, 246 days in 2021, 365 days in 2022, and all of 2023; and
WHEREAS, transboundary flows of pollution include untreated sewage, trash, sediment, hazardous chemicals, heavy metals, and toxins continue to impact the Tijuana River, Estuary, coastal waters of the Pacific Ocean, and tributary canyons including Stewart’s Drain, Canon del Sol, Silva Drain, Smuggler’s Gulch, Goat Canyon, and Yogurt Canyon; and WHEREAS, the presence of pollution is creating unsafe conditions for residents and visitors who live, work, or recreate in the Tijuana River Valley and may come in contact with contaminated water; and
WHEREAS, pursuant to Section 8558(c) of the California Government Code, the pollution in the Tijuana River is beyond the control of the services, personnel, equipment and facilities of the City of Imperial Beach; and
WHEREAS, pollutants in the Tijuana River are causing contamination of the Tijuana River Valley, Tijuana Estuary, and the water and beaches of the City of Imperial Beach threatening the health, safety, and welfare of the citizens of Imperial Beach as well as visitors to our beaches; and
WHEREAS, the flow of the contaminants and untreated wastewater continues to escalate due to inadequate wastewater infrastructure in the city of Tijuana and lack of sufficient operation and maintenance of existing infrastructure; and
WHEREAS, this flow is the acknowledged responsibility of the federal governments of the United States and Mexico; and

Resolution No. 2023-102

WHEREAS, researchers at the Scripps Institute of Oceanography are studying the relationship of nearshore ocean currents and aerosolized transmission of contaminates as potential public health concerns for communities impacted by Tijuana River pollution; and WHEREAS, this condition constitutes an economic and public health threat which warrants and necessitates the proclamation and existence of a local emergency; and WHEREAS, after decades of sewage spills polluting the Tijuana River and after decades of talk and no meaningful action by federal agencies, the City of Imperial Beach, Port of San Diego, and City of Chula Vista filed a lawsuit on March 2, 2018 against the International Boundary and Water Commission for violation of the Clean Water Act which helped secure additional federal funding and commitments to the river valley; and
WHEREAS, the renewed federal attention from the Environmental Protection Agency and International Boundary and Water Commission led to a careful assessment of project options to manage pollution and ultimately a recommendation to support “Alternative 2” in the USMCA Programmatic Environmental Impact Statement, which represents the preferred Tijuana River Comprehensive Solution that is supported by the City; and WHEREAS, additional funding and commitments are needed to completely implement the preferred Comprehensive Solution for the Tijuana River; and WHEREAS, the City of San Diego has maintained a continuous local state of emergency for the Tijuana River since September 1993; and
WHEREAS, the County of San Diego issued a Public Health Emergency order for the Tijuana River in February 2021 and Local State of Emergency in June 2023.

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

1. The above recitals are true and correct.

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

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

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

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 15th day of November 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

Resolution No. 2023-102

JACQUELINE M. KELLY, MMC

CITY CLERK

P a g e | 1
November 15, 2023
ITEM TITLE: SECOND READING AND ADOPTION OF 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. (0920-95)
ORIGINATING DEPARTMENT:

Parks & Recreation
EXECUTIVE SUMMARY:

Staff has prepared amendments to Chapters 12.56 and 12.60 of the Imperial Beach Municipal Code to clarify the rules and regulations associated with organized use at city parks and beach spaces. The amendments by staff will improve consistency of rules, regulations, and a standardized permitting process for organized use at city parks and beaches.

RECOMMENDATION:

Staff recommends that the City Council conduct the second reading and adopt Ordinance 2023- 1238, amending the Municipal Code, by title only.

OPTIONS:
 Approve Staff recommendation of conducting the second reading and adoption of Ordinance 2023-1238.
 Approve staff recommendation with alternative amendments/modifications.  Request additional information and an additional report.

BACKGROUND/ANALYSIS:

The current city park and beach spaces in Imperial Beach are used by all residents but have inconsistent regulations that are sometimes unclear in some instances to those wishing to have organized programs in the parks and beaches. Staff has prepared amendments to allow consistency of rules, regulations, and the permitting process for all city parks and beach spaces.

Ordinance 2023-1238 identifies modifications to Chapter 12.56 and Chapter 12.60 of the Imperial Beach Municipal Code that when implemented will clarify and enhance the existing rules, regulations and permitting process for park and beach spaces in the City.

Currently the City does not have a formal permit process for organized use of beach and park spaces. Proposed modifications include provisions for organized use of beach and public park space, requiring a permit for regularly scheduled or recurring gatherings involving 15 or more participants and other similar group activities unless otherwise designated by the City.

City Council conducted the first reading of Ordinance No. 2023-1238 at their meeting of November 1, 2023.

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ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

No Fiscal Impact
ATTACHMENTS:

ATT 1 – Ordinance 2023-1238

1 Attachment 1
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.

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:

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

4 APPROVED AS TO FORM:

JENNIFER M. LYON

CITY ATTORNEY

P a g e | 1
November 15, 2023
ITEM TITLE: 2K COMMERCIAL PALM IB, LLC; TIME EXTENSION FOR CP-22-0008; DRC22-0022; SPR-22-0023; CUP-22-0007; & CLASS 32 CEQA EXEMPTION FOR THE PROJECT (COMMERCIAL AND 14 RESIDENTIAL UNITS (2 AFFORDABLE)) AT 236-238 PALM AVE (APN 625-023-07-00). (0600-20)
ORIGINATING DEPARTMENT:

Community Development
EXECUTIVE SUMMARY:

On June 15, 2022, the City Council adopted Resolution No. 2022-45 authorizing the demolition of the existing structure and construction of a new mixed-use development with approximately 2,212 square feet of commercial space and fourteen (14) residential units with an affordable housing component on a 9,139 square feet property located at 236-238 Palm Avenue (APN 625- 023-07-00) in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone.

On June 7, 2023, the City Council approved Resolution 2023-44 approving a six (6) month extension for the project approvals, which are set to expire at the end of business on December 30, 2023, unless vested with substantial construction or if an extension is authorized. The applicant has requested an additional extension for the project approval (see Attachment 2). The City Council may authorize an extension for a period of six months for each extension request, not to exceed a total of two years from the original date of approval.

RECOMMENDATION:

That the City Council adopt Resolution 2023-98, approving a six (6) month time extension for Regular Coastal Development Permit (CP-22-0008), Design Review Case (DRC-22-0022), Site Plan Review (SPR-22-0023), Conditional Use Permit (CUP-22-0007), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-Fill Development Projects) to demolish the existing structure and construct a new mixed-use development with approximately 2,212 square feet of commercial space and fourteen (14) residential units with an affordable housing component on a 9,139 square feet property located at 236-238 Palm Avenue (APN 625-023-07-00) in the C/MU2 (Seacoast Commercial & Mixed-Use) Zone.

OPTIONS:

In addition to receiving this report and adopting staff’s recommendations, the City Council can:
 Deny the extension request; or

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 Continue review of the extension request to a future meeting where additional information can be provided, and a decision can be rendered.

BACKGROUND/ANALYSIS:

On June 15, 2022, the City Council adopted Resolution No. 2022-45 authorizing the demolition of the existing structure and construction of a new mixed-use development with approximately 2,212 square feet of commercial space and fourteen (14) residential units with an affordable housing component on a 9,139 square feet property located at 236-238 Palm Avenue (APN 625- 023-07-00) in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone. Due to issues that occurred after finding an SDG&E handhole on the project site causing some initial project delays, the City Council approved Resolution 2023-44 approving a six (6) month extension for the project approvals, which are set to expire on December 30, 2023.

Approval of the project is set to expire at the end of business on December 30, 2023 unless vested with substantial construction or if an extension is authorized. The applicant has requested an extension for the project approvals due to unforeseeable circumstances. Specifically, there have been delays caused by issues with mapping, title research, legal descriptions, and preparation of the tentative parcel map and the final map for the purchase of the land that the City is vacating.

The building permit plans have been submitted and approved. Issuance of the building permits are pending the sale of the City’s right-of-way. The applicant intends on commencing construction one the purchase is completed, and the building permits are issued.

The City Council may authorize an extension for a period of six months for each extension request, not to exceed a total of two years from the original date of approval, if the following apply (ref. Imperial Beach Municipal Code Section 19.81.230):
• All applicable provisions the zoning code originally placed on the project as a condition of approval for development are still in force at the time of the requested extension, or that changes in or additions to the resolution of approval have enabled the previously approved project to be in conformance with the code;
• That no change in circumstances has occurred which would cause the originally approved site plan review to be in substantial conflict with the current development regulations; and
• That all of the facts outlined in Section 19.81.060 A through H exist.

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There have been no changes to the zoning code, no change in circumstances where the site plan would conflict with development regulations, and the facts outlined in Section 19.81.060 A-H (Site Plan Application - Factors Considered by Planning Commission) are also provided in Resolution No. 2023-98. In addition, this is the second extension request for the project and, as such, the maximum extension period would not be exceeded.

COASTAL JURISDICTION:

The project is located in the Appeal Jurisdiction of the California Coastal Commission as indicated on the Local Coastal Program Post Certification and Appeal Jurisdiction Map and, as such, was appealable to the California Coastal Commission under Section 30603(a) of the California Public Resources Code and IBMC Section 19.87.160. The project approval was not appealed.

ENVIRONMENTAL DETERMINATION:

The project was determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 (In-Fill Development Projects).

FISCAL IMPACT:

FISCAL YEAR: 23/24
BUDGETED: N/A

BUDGET AMENDMENT N/A
ACCOUNT NO(S).: 101-0000-221-01-02
PROJECT NO(S).: 22-0077-DEP
FISCAL ANALYSIS: The applicant has deposited
$7,000 to fund the processing of
this application.

CURRENT BUDGET: $7,000

ANTICIPATED
EXPENDITURE:
$7,000
ATTACHMENTS:

ATT 1 - Resolution 2023-98
ATT 2 - Applicant Extension Request
ATT 3 - Original staff report from June 15, 2022 (attachments available at the City Clerk Dept.)

Attachment 1
RESOLUTION NO. 2023-98

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

CALIFORNIA, APPROVING A TIME EXTENSION FOR A REGULAR COASTAL PERMIT (CP-22-0008), DESIGN REVIEW CASE (DRC-22-0022), SITE PLAN REVIEW (SPR-22-0023), CONDITIONAL USE PERMIT (CUP-22-0007), AND A CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES 15332 (IN-FILL DEVELOPMENT PROJECTS) FOR THE

CONSTRUCTION OF A MIXED-USE DEVELOPMENT WITH FOURTEEN RESIDENTIAL UNITS AND 2,212 SQUARE FEET OF COMMERICAL SPACE AT 236-238 PALM AVENUE (APN 625-023-07-00) SUBJECT TO SPECIFIED CONDITIONS OF APPROVAL. USE-22- 0077.

DEVELOPER: 2K COMMERCIAL IB, LLC
WHEREAS, on June 15, 2022, the City Council adopted Resolution No. 2022-45 approving an application for a Regular Coastal Permit (CP-22-0008), Conditional Use Permit (CUP-22-0007), Design Review Case (DRC-22-0022), Site Plan Review (SPR-22-0023), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-fill Development) authorizing the demolition of the existing structure and construction of a new mixed-use development with approximately 2,212 square feet of commercial space and fourteen (14) residential units with an affordable housing component at 236-238 Palm Avenue (APN 625-023-07-00) in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone; and
WHEREAS, because the project approvals were set to expire on June 30, 2023 and unforeseeable circumstances delayed the project, an extension was requested by the applicant, and on June 7, 2023, the City Council of the City of Imperial Beach adopted Resolution 2023-44 approving a six-month time extension for Regular Coastal Permit (CP-22-0008), Conditional Use Permit (CUP-22-0007), Design Review Case (DRC-22-0022), Site Plan Review (SPR-22- 0023), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-fill Development) authorizing the demolition of the existing structure and construction of a new mixed-use development with approximately 2,212 square feet of commercial space and fourteen (14) residential units with an affordable housing component at 236-238 Palm Avenue (APN 625-023- 07-00) in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone; and WHEREAS, because the project approvals are set to expire on December 30, 2023, an extension was requested by the applicant, and on November 15, 2023 the City Council of the City of Imperial Beach held a public meeting to consider the merits of approving or denying a six-month time extension for a previously approved application for a Regular Coastal Permit (CP-22-0008), Conditional Use Permit (CUP-22-0007), Design Review Case (DRC-22-0022), Site Plan Review (SPR-22-0023), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-fill Development) authorizing the demolition of the existing structure and construction of a new mixed-use development with approximately 2,212 square feet of commercial space and fourteen (14) residential units with an affordable housing component at 236-238 Palm Avenue (APN 625-023-07-00) in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone; and WHEREAS, the project also includes the sale of approximately 3,262 square feet of unused right-of-way and excess dedicated easements on the northern side of Palm Avenue from the City of Imperial Beach, which easements and right-of-way the City would summarily vacate, with a condition that utility easements be dedicated to the City; and WHEREAS, on July 26, 2018, the Design Review Board recommended approval of the project with a vote of 3-1 (1 absent); and

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WHEREAS, the project design is compatible with the community and would be consistent with Policy D-8 (Project Design) of the Design Element of the General Plan; and, WHEREAS, the City Council finds that the project is in compliance with the Land Use and Housing Elements of the General Plan; and,
WHEREAS, the City of Imperial Beach hereby grants a density bonus for applicant’s development that proposes to designate more than 15% of the units to be affordable for “very low income households” pursuant to Government Code Section 65915 subject to the applicant and owners of the Property entering into affordable housing/density bonus agreement with the City pursuant to Chapter 19.65 of the Imperial Beach Municipal Code; and WHEREAS, the City Council finds that the project complies with the requirements of the California Environmental Quality (CEQA) as the project is categorically exempt pursuant to CEQA Guidelines 15332 (In-Fill Development Projects); and WHEREAS, the applicant states that the project has been delayed due to unforeseeable circumstances; and
WHEREAS, the City Council finds that there is sufficient cause to grant a time extension for this project and there have been no changes to the zoning code or change in circumstances where the site plan would conflict with development regulations; and WHEREAS, the City Council further offers the following findings in support of its decision to conditionally approve the project:

REGULAR COASTAL PERMIT (IBMC § 19.87.050):

1. The proposed development conforms to the certified local coastal plan including coastal land use policies.

The General Plan/Local Coastal Plan designates the site as Seacoast Commercial & Mixed-Use (C/MU-2 Zone). The purpose of the C/MU-2 Zone is to provide land to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. It is intended that the dominant type of commercial activity in the C/MU-2 Zone will be visitor-serving retail such as specialty stores, surf shops, restaurants, and hotels and motels. Mixed-use and multiple family residences are also permitted in the C/MU-2 Zone and in the Seacoast Mixed Use/Residential Overlay Zone. The development standards of the C/MU-2 Zone encourage pedestrian activity through the design and location of building frontages and parking provisions (IBMC Section 19.27.010). The proposed mixed-use project meets the purpose and intent of the land use designation because mixed-use buildings are permitted in the C/MU-2 Zone and the project would encourage pedestrian activity through the design and location of the building frontage and would provide commercial goods and services required by the tourist population and local residents.

The project’s approval is contingent upon (1) the completed sale of approximately 3,262 square feet of un-used right-of-way and excess dedicated easements on the northern side of Palm Avenue from the City of Imperial Beach, which easements and right-of-way the City would summarily vacate, with a dedication to the City of any necessary utility easements, resulting in 12,401 square feet of lot area as described in Resolution No. 2022-46, and (2) Developer’s compliance with the conditions set forth in this Resolution.

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In general, a city may dispose of real property for the common benefit or for the benefit of the city. In addition, a city may summarily vacate public streets that have not been used for vehicle traffic and are impassable for more than five years or are considered excess right-of-way. The subject City right-of-way is excess right-of-way.

Vacating and selling the City right-of-way at the intersection of Palm Avenue and Silver Strand Boulevard that is not used for right-of-way purposes is consistent with the Local Coastal Program/General Plan, which was adopted in 1994. Specifically, Policy C-8 of the Circulation Element states the following:
80 Foot Right-of-Ways: The City should reduce the existing 80-foot street rightsof-ways for streets that are not shown as prime, major or collector streets on the Street Classification Plan. Palm Avenue between Ninth Street and Third Street is classified as a 2-lane collector with traffic calming measures and designated for an alternative transportation network, such as on-street bicycle facilities. Other such reductions should take place on a block-by-block basis when initiated by property owners or the City and where it can be shown, by a comprehensive traffic impact analysis, that there will be no public detriment or expense.

The current right-of-way exceeds 80’, and the Local Coastal Program/General Plan supports reductions of such rights-of-way based on the above. This property is located on a corner and reduction of right-of-way would bring it into parity with the neighboring properties. Traffic counts are low in this area and a comprehensive traffic impact analysis is not warranted because vacating the right-of-way would bring the property into parity with neighboring properties. Staff anticipates that the City will not have a need for the property for street or sidewalk purposes for the foreseeable future. After the vacation, the right-of-way in this area will be 80’ for Palm Avenue and approximately 70- 80’ for Silver Strand Boulevard. The remaining right-of-way is sufficient for the existing and anticipated sidewalk and street purposes and would continue to provide adequate access to coastal areas as the area to be vacated has not been used for road purposes many years.

2. For all development seaward of the nearest public highway to the shoreline, the proposed development meets standards for public access and recreation of Chapter Three of the 1976 Coastal Act and regulations promulgated thereunder.

The primary parcel of land (625-023-07-00) is not located between the seaward of the first public road; however, the excess right-of-way the applicant proposes to incorporate into the project is located between a coastal area and the first public road, which, in this case, is Silver Strand Boulevard and a portion of Palm Avenue. The excess right-of-way is .23 miles from the beach, .50 miles from Pond 10A, and .80 miles from San Diego Bay and has not been used for public access purposes for many years because street and sidewalk improvements already exist with a sufficient configuration to provide public access and circulation without need of the excess right-of-way. As such, incorporating the excess right-of-way into the project described in this Resolution would have no negative impact for public access because existing access improvements would be maintained or enhanced and would better conform to the local coastal program, which states that excess right-of-ways should be reduced (Policy C-8). After the vacation, the right-of-way in this area will be 80’ for Palm Avenue and approximately 70-80’ for Silver Strand Boulevard, allowing for continued public access. Given the fact that there is not existing coastal access that could be impacted by the project, it can be found that the project would have no impact to public access. Additionally, the project conforms to all other development criteria findings as provided within this Resolution.

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3. The proposed development meets the minimum criteria set forth in the City of Imperial Beach Zoning Ordinance, the City’s Minimum Landscape Planting and Irrigation Standards, and the City’s Design Guidelines, as applicable.

Pursuant to California Government Code Section 65915 a project that designates at least 15% of the units as very low-income units shall receive an affordable housing density bonus of 50% over the maximum allowable gross residential density and three development incentives. In addition, all density calculations resulting in fractional units shall be rounded up to the next whole number for projects that include affordable housing.

The proposed development is located on a lot that is 12,401 square feet in the C/MU-2 Zone which would permit for 8.28 residential units with a base density of one unit for every 1,500 square feet of lot area, or ten units with a Conditional Use Permit, allowing for one unit for every 1,210 square feet of lot area. The applicant has proposed to designate 22% of the units as very low-income units that, with the 50% density bonus, allows for the project’s proposed density of 14 residential units which does not exceed the density bonus provisions per state law. In addition, the applicant proposed to utilize one development incentive to reduce the width of parking spaces adjacent to columns.

The project complies with all other criteria set forth in the City of Imperial Beach Zoning Ordinance, the City’s landscaping and irrigation standards, and the City’s design guidelines.

4. The proposed development meets minimum criteria set forth in Sections

19.81.060, 19.82.050., 19.83.120., 19.84.050., and 19.86.100., of this title for site plans, conditional use permits, design review, variances, zoning classification and rezonings.

The proposed development meets the minimum criteria set forth in Sections 19.81.060,

19.82.050, and 19.83.110 (Section 19.83.120 is no longer applicable) for a site plan review, conditional use permit, and design review subject to the findings provided within this Resolution. Sections 19.84.050 and 19.86.100 are not applicable because the project does not require a variance or zoning classification/rezoning.

5. For all development involving the construction of a shoreline protective device, a mitigation fee shall be collected which shall be used for each sand replenishment purposes. The mitigation fee shall be deposited in an interest-bearing account designated by the Executive Director of the California Coastal Commission and the city manager of Imperial Beach in lieu of providing sand to replace the sand a beach area that would be lost due to the impacts of any proposed protective structure.

The subject site is located approximately .23 miles from the beach, .50 miles from Pond 10A, and .80 miles from San Diego Bay and is already developed with an existing mixed-use building with residential units above commercial space and surface parking.

The proposed project with approximately 2,212 square feet of commercial space and fourteen (14) residential units does not necessitate the construction of a shoreline protection device and would not have an impact on the sand in any beach area.

Therefore, a mitigation fee is not required for the project.

6. This project complies with the California Environmental Quality Act.

This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Article 19 Sections 15332 (In-Fill Development Projects). The City has prepared a Categorical Exemption per the CEQA

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requirements for this project and the Notice of Exemption will be filed with the County Clerk in compliance with CEQA.

7. Public Notice requirements, pursuant to Zoning Ordinance Section 19.87.090, of the Coastal Development Project have been satisfied.

The project description and the date of the City Council public hearing were sent to property owners within 300 feet and occupants within 100 feet of the subject site on May 26, 2022, and a public hearing notice was published in the Imperial Beach Eagle & Times newspaper on June 9, 2022.

CONDITIONAL USE PERMIT (IBMC § 19.82.040):

8. That the proposed use is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or community; The purpose of the C/MU-2 Zone is to provide land to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. It is intended that the dominant type of commercial activity in the C/MU2 Zone will be visitor-serving retail such as specialty stores, surf shops, restaurants, and hotels and motels. Mixed-use and multiple family residences are also permitted in the C/MU-2 Zone and in the Seacoast Mixed Use/Residential Overlay Zone. The development standards of the C/MU-2 Zone encourage pedestrian activity through the design and location of building frontages and parking provisions (IBMC Section

19.27.010). The proposed mixed-use project meets the purpose and intent of the land use designation. The use with a maximum building height of thirty-five feet is necessary and desirable as it will develop an underutilized lot, provide residential units to assist in meeting housing demand, provide commercial space, and provide an economic benefit for the neighborhood and community.

9. That the use will not, under the circumstances of the particular use, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; The proposed use will not be detrimental to the public, as there will be no hazardous materials, fumes, or operations at the facility, nor will there be any noxious odors, loud noises, or excessive traffic generated at the site. The proposed use is compatible with other uses in the neighborhood and would function in a similar manner as other nearby uses.

10. That the proposed use will comply with the regulations and conditions specified in this title for the use and for other permitted uses in the same zone; and Mixed-use developments are permitted in the C/MU-2 Zone. Properties east of Seacoast Drive shall have a height limit not to exceed three stories and thirty-five feet with approval of a conditional use permit that demonstrates compliance with setbacks, stepbacks, and two or more development incentives. The project complies with the setback and stepback requirements and meets or exceeds the minimum development incentive criteria. Pursuant to California Government Code Section 65915 the project shall receive an affordable housing bonus of 50% and an incentive to reduce the width of parking spaces adjacent to columns. The proposed project is consistent with the density bonus provisions of state law, the zoning for this area and will comply with all other regulations and conditions for these uses.

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11. That the granting of the conditional use permit will be in harmony with the purpose and intent of the zoning code, the adopted General Plan and the adopted Local Coastal Program.

The C/MU-2 Zone allows for properties east of Seacoast Drive to have a height limit not to exceed three stories and thirty-five feet with approval of a conditional use permit that demonstrates compliance with setbacks, stepbacks, and two or more development incentives. The project complies with the setback and stepback requirements and meets or exceeds the minimum development incentive criteria. Pursuant to California Government Code Section 65915 the project shall receive an affordable housing bonus of 50% and an incentive to reduce the width of parking spaces adjacent to columns. The proposed project and conditional use permit complies with the density bonus provisions of state law, the General Plan and Local Coastal program and is in harmony with the purpose and intent of the zoning code because the project is east of Seacoast Drive and demonstrates compliance with setbacks, stepbacks, development incentives, which allows for the height limit not to exceed three stories. In addition, the project is in harmony with the adopted General Plan because it provides for affordable housing, which is consistent with the adopted Housing Element.

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

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

The project proposes the construction of a mixed-use building with commercial and residential uses. The project would not have a detrimental effect on the general health, welfare, safety and convenience of persons residing or working in the neighborhood because it is consistent with the development standards and zoning designations. The development would not be injurious to the value of the property and improvements in the neighborhood because the project represents an improvement of the existing conditions and the project could improve property values and stimulate growth in the area.

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

The General Plan/Local Coastal Plan designates the site as Seacoast Commercial & Mixed-Use (C/MU-2 Zone). The purpose of the C/MU-2 Zone is to provide land to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. It is intended that the dominant type of commercial activity in the C/MU-2 Zone will be visitor-serving retail such as specialty stores, surf shops, restaurants, and hotels and motels. Mixed-use and multiple family residences are also permitted in the C/MU-2 Zone and in the Seacoast Mixed Use/Residential Overlay Zone. The development standards of the C/MU-2 Zone encourage pedestrian activity through the design and location of building frontages and parking provisions (IBMC Section 19.27.010). The C/MU-2 Zone allows for properties east of Seacoast Drive to have a height limit not to exceed three stories and thirty-five feet with approval of a conditional use permit that demonstrates compliance with setbacks, stepbacks, and two or more development incentives. The project complies with the setback and stepback requirements and meets or exceeds the minimum development incentive criteria. Pursuant to California Government Code Section 65915 the project shall receive an affordable housing bonus of 50% and an incentive to reduce

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the width of parking spaces adjacent to columns. In addition, the proposed vacation and selling the City right-of-way at the intersection of Palm Avenue and Silver Strand Boulevard that is not used for right-of-way purposes is consistent with Policy C-8 of the Circulation of the Local Coastal Program/General Plan, which was adopted in 1994.

Specifically, Policy C-8 of the Circulation Element. Therefore, the proposed mixed-use project meets the purpose and intent of the General Plan and Local Coastal Plan.

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

The property to the north of the site is residential and the properties to the east, west, and south are commercial or mixed-use with residential above commercial. The proposed mixed-use project is compatible with other uses in the neighborhood because it is a mixed-use commercial/residential project and nearby properties are comprised of mixed-use and multiple-story buildings.

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

The proposed building is oriented to Palm Avenue and the surrounding uses consist of commercial uses to the east, west, and south, and a residential neighborhood to the north. The project proposes varied rooflines and architectural detailing and relief through the incorporation of building recesses. The site layout and design is harmonious with the area because it meets or exceeds all minimum height, setback, and stepback requirements.

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

The project proposes commercial and residential uses within a building that is properly integrated. The design style and the choice of building materials properly integrate the building with surrounding uses.

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

Vehicular ingress and egress to and from the site would be provided from the Silver Strand Boulevard and pedestrian access would be provided from Palm Avenue and Silver Strand Boulevard. Access and ingress and egress for the project should not create undue traffic problems.

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

Pursuant to California Government Code Section 65915 the project shall receive an affordable housing bonus of 50% and an incentive to reduce the width of parking spaces adjacent to columns. The project complies with all other criteria set forth in the City of Imperial Beach Zoning Ordinance.

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

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

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

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The project description and the date of the City Council public hearing were sent to property owners within 300 feet and occupants within 100 feet of the subject site on May 26, 2022, and a public hearing notice was published in the Imperial Beach Eagle & Times newspaper on June 9, 2022.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach that the above-listed findings and recitals are true and correct and are incorporated by reference; and
BE IT FURTHER RESOLVED by the City Council of the City of Imperial Beach that a six (6) month time extension for Regular Coastal Permit (CP-22-0008), Conditional Use Permit (CUP-22-0007), Design Review Case (DRC-22-0022), Site Plan Review (SPR-22-0023), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-fill Development) for the construction of a new mixed-use development with approximately 2,212 square feet of commercial space and fourteen (14) residential units with an affordable housing component at 236-238 Palm Avenue (APN 625-023-07-00) in the C/MU-2 (Seacoast Commercial & MixedUse) Zone are hereby approved subject to the following:

CONDITIONS OF APPROVAL:

1. Approval of Regular Coastal Permit (CP-22-0008), Conditional Use Permit (CUP-22- 0007), Design Review Case (DRC-22-0022), Site Plan Review (SPR-22-0023), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-fill Development) is valid for one year and a half two years from the effective date following final action by the City Council (10 working days following final action) and shall expire at the end of business on June 30, 2023 December 30, 2023 June 30, 2024, unless vested with substantial construction pursuant to an approved building permit. Approvals of the Regular Coastal Permit (CP-22-0008), Conditional Use Permit (CUP-22-0007), Design Review Case (DRC-22-0022), Site Plan Review (SPR-22-0023), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-fill Development) shall run coterminous.

2. The site shall be developed in substantial compliance with the plans dated April 19, 2022, on file at the Community Development Department, or as otherwise amended and approved, and the conditions contained herein.

3. Any use of the public right-of-way is subject to a separate license agreement and encroachment permit. The City Manager, or designee thereof, is authorized to execute all documents and take any actions necessary and appropriate to carry out a license agreement and encroachment permit.

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

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

6. The Developer and owner shall execute a binding density bonus agreement (“Density Bonus Agreement”) with the City which sets forth the conditions and guidelines to be met in the implementation of the density bonus law requirements pursuant to Government

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Code Sections 65915(c) and 65917 and IBMC Section 19.65.040 in a format as specified by the City. The Density Bonus Agreement must be signed by the developer and owner and recorded before any building permit is issued for work on the project.

Also, the developer and owner shall pay all costs for the preparation of the Density Bonus Agreement by the City and submit a deposit in the amount of $1,500 prior to the City performing any work on the Density Bonus Agreement. The City Manager has the authority to sign the Density Bonus Agreement on behalf of the City.

7. Prior to issuance of an encroachment permit or building permit, whichever comes first, (1) the Developer and owner shall have completed the purchase and closing on the City’s right of way as more particularly described in Resolution No. 2022-46 and shall be the legal owner of such right of way; (2) Developer and owner shall dedicate to the City any utility easements that the City deems necessary with respect to the City’s right of way; and (3) Developer and owner shall have taken all steps necessary to have created a new legal parcel with the addition of the City’s right of way.

8. The Developer shall dedicate a minimum of one foot of private property frontage along Palm Avenue to public use.

9. No portion of the building may exceed the 35-foot height limit as measured per Imperial Beach Municipal Code Section 19.04.400, except those allowed by Imperial Beach Municipal Code Section 19.40.020.

10. All stormwater requirements must comply with the most recent Municipal Storm Water Permit.

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

12. All landscaping and bio-filtration areas shall be maintained by the Developer. All landscaped areas shall be permanently maintained in a healthy condition, free from weeds, trash, and debris.

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

14. All building permits required for the project shall be obtained from the Imperial Beach Building Department.

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

16. Developer shall obtain a fire-flow demand report from water purveyor California American Water indicating that the existing water supply infrastructure can meet the demand required by the new structure(s). The nearest fire hydrant is located at the intersection of Silver Strand Blvd. and Palm Ave; Fire-Flow Demand; 2,500 GPM for 120 Minutes. Once the report has been obtained from California American Water provide (1) copy to the Imperial Beach Fire-Rescue Department for review and (1) copy to the Imperial Beach Planning Department for retention. The Developer is responsible for providing any additional fire hydrants and/or supporting infrastructure as necessary for the development of the project.

17. A licensed surveyor/engineer shall verify pad elevations and all building corners and setbacks.

18. Hours of Construction: No work for which a building permit is required shall be performed within the hours of 7:00 P.M. - 7:00 A.M. Monday - Friday, nor prior to 8:00

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A.M. or after 5:00 P.M. on Saturday. Construction work on Sundays, or alteration of the approved hours of construction, is subject to City approval.

19. New sewer connections to the main line shall be coordinated with the City Sewer Division.

20. All sewer laterals shall be installed per Regional Standards S-13 or S-14. Upon completion, the applicant shall contact the Public Works Department for an inspection of the tie to the Main by calling the Public Works Director or designee at (619) 423-8311.

21. Abandon the existing sewer lateral(s) per the Greenbook standards or other approved building standards. Include the abandonment procedures on the building plans for City approval.

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

23. Project shall comply with San Diego Regional Water Quality Control Board issued Order Number R9-2017-0077 regarding trash capture, as applicable.

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

25. Proposed driveway approach on Silver Strand Boulevard will require curb and gutter and sidewalk removal on City right-of-way. Proposed driveway approach on Evergreen shall be constructed in compliance with San Diego Regional Standard Drawings as depicted on the plans (G-14C) and as further required during the encroachment permit process.

New curb and gutter shall be constructed in compliance with San Diego Regional Standard Drawings as required by the Public Works Department.

26. The proposed driveways shall be constructed in a manner so as to:
 Maintain existing stormwater runoff flows:
 Avoid the flow of stormwater across the new driveway (or associated sidewalk); and
 Include the installation of an expansion joint between the paved surface on the private property and the paved surface of the public right-of-way.

27. For alley, sidewalk or curb & gutter replacement ensure compliance with San Diego Regional Standard Drawings in that, the “Area to be removed [must be] 5’ or from joint to joint in panel, whichever is less.” The distance between joints or score marks must be a minimum of 5-feet. Where the distance from “Area to be removed”, to existing joint, edge or score mark is less than the minimum shown, “Area to be removed” shall be extended to that joint, edge or score mark.

28. Existing sidewalk shall be reconstructed and replaced per SDRSD G-7. Sidewalk joint locations per SDRSD G-9 and concrete joint details per SDRSD G-10.

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

30. Where existing right-of-way pavement is to be removed, a clean, neat line shall be sawcut at the edge of existing pavement where the new replacement pavement to be

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

31. All trench resurfacing shall be performed in accordance with the standards shown below and shall be subject to inspection by the City’s Public Work Director or designee. The permittee shall be responsible for calling for an inspection at (619) 423-8311.Trenches and improvements in streets shall conform to regional standards as follows:
 Trenches wider than six (6) inches: Use Regional Standard G-24 type B. The base hall be compacted with twelve (12) inch maximum lifts to 95% modified proctor and test reports
 Trenches six (6) inches or less: Use regional standard G-34 Type C. Call for an inspection prior to the Asphalt repair at (619) 423-8311.  Traffic Control plans shall be followed per approved plans and adjusted by the contractor for changing conditions.
 Trench plates used for a SDG&E gas connection (which can take several weeks), or on downhill road sections, need to be ground down so plates are flush with roadway. All plates are to be slip resistant. All open trenches in roadway shall be plated and secured at the end of the work day. All other open trenches shall be plated or covered in heavy plywood.
 Where a curb exists, the applicant shall bore under curb or saw cut a minimum of the width of the asphalt patch and replace with same construction.  No trench shall be opened in any street for the purpose of laying pipes, conduits or ducts except when the prior written consent of the Director of Public Works has been obtained. Construction shall include restoration of all speed controls (bumps or humps) and all striping and/or any signage that may be disturbed as the result of project implementation. Restoration of disturbed speed humps shall include a double coat of speed hump paint with glass crystals. No open trench shall be allowed across any street or within 10 ft. of any travel way.

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

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

34. For any project that proposes work within the public right-of-way (i.e., driveway removal/construction, sidewalk removal/construction, street or alley demolition/reconstruction, sewer lateral trenching and installation, landscaping and

Resolution No. 2023-98

irrigation, fences, walls within the public right-of-way, etc.), a Temporary Encroachment Permit (TEP) shall be applied for and approved either prior to or concurrent with issuance of the building permit required for the project. Application for a Temporary Encroachment Permit shall be made on forms available at the Community Development Department.

35. Permittee shall schedule inspections with the Public Works Department (619) 423-8311 at least 24 hours prior to need as follows:
 Sidewalk, Driveway, Curb and Gutter and other Concrete Work Pre-pour and Final
 Street Excavation T-Cut and Final
 Sewer Lateral Capping during Demolition and New Lateral Connection to Main  All Other Encroachment Activity Final

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

37. Any disposal/transportation of solid/construction waste in roll off containers must be contracted through the City’s waste management provider unless the hauling capability exists integral to the prime contractor performing the work.

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

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

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

41. Property owner must institute “Best Management Practices” to prevent contamination of storm drains, ground water and receiving waters during both construction and post construction. The property owner or applicant BMP practices shall include but are not limited to:
 Contain all construction water used in conjunction with the construction.

Contained construction water is to be properly disposed in accordance with Federal, State, and City statutes, regulations and ordinances.  All recyclable construction waste must be properly recycled and not disposed in the landfill.
 Water used on site must be prevented from entering the storm drain conveyance system (i.e. streets, gutters, alley, storm drain ditches, storm drain pipes).  All wastewater resulting from cleaning construction tools and equipment must be contained on site and properly disposed in accordance with Federal, State, and City statutes, regulations, and ordinances.

Resolution No. 2023-98

 Erosion control - All sediment on the construction site must be contained on the construction site and not permitted to enter the storm drain conveyance system.

Applicant is to cover disturbed and exposed soil areas of the project with plastic– like material (or equivalent product) to prevent sediment removal into the storm drain system. See CASQA’s (California Stormwater Quality Association) Construction Best Management Practices Handbook for other alternative erosion and sediment control BMPs.

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

43. Applicant must underground all utilities in accordance with I.B.M.C. 13.08.060.C.

44. Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney’s fees and costs incurred by the City and any claim for private attorney general fees and costs claimed by or awarded to any party against the City or its agents officers or employees against the City or its agents, officers, or employees, relating to the approval of the project (USE-22-0077) including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision (including the Regular Coastal Permit (CP-22- 0008), Conditional Use Permit (CUP-22-0007), Design Review Case (DRC-22-0022), Site Plan Review (SPR-22-0023), Categorical Exemption pursuant to CEQA Guidelines 15332 (In-Fill Development Projects)), and approval of the vacation and sale of the City right-of-way as set forth in Resolution No. 2022-46, including any claims for violation of the Public Records Act or discovery law arising from and with respect to litigation involving these approvals (collectively “Development Approvals”). The City will promptly notify applicant of any claim, action or proceeding concerning the Development Approvals. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all the costs related thereto, including without limitation reasonable attorney’s fees and costs. In the event of such election applicant shall pay all the costs related thereto including without limitation attorney’s fees and costs incurred by the City. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is first approved by applicant.

45. The Developer or Developer’s representative shall read, understand, and accept the conditions listed herein and shall, within 30 days, return a signed statement to the Community Development Department accepting said conditions.

46. The Developer shall pay off any deficits in his project account (22-0077-DEP) prior to building permit issuance and prior to final inspection.

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

1.18 of the Imperial Beach Municipal Code.

Resolution No. 2023-98

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

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

1. That the foregoing recitals are true and correct.

2. That a six (6) month time extension for Regular Coastal Permit (CP-22-0008), Conditional Use Permit (CUP-22-0007), Design Review Case (DRC-22-0022), Site Plan Review (SPR-22-0023), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-Fill Development Projects) is approved for the construction of a new mixed-use development with approximately 2,212 square feet of commercial space and fourteen (14) residential unit with an affordable housing component on a 9,139 square feet property located at 236-238 Palm Avenue (APN 625-023-07-00) in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone, contingent upon (1) the completed sale of approximately 3,262 square feet of unused right-of-way and excess dedicated easements on the northern side of Palm Avenue from the City of Imperial Beach, which easements and right-of-way the City would summarily vacate, with a dedication to the City of any necessary utility easements, resulting in 12,401 square feet of lot area as described in Resolution No. 2022-46, and (2) Developer’s compliance with the conditions set forth in this Resolution.

3. In the event that either (1) the escrow fails to close for any reason on the sale of approximately 3,262 square feet of un-used right-of-way and excess dedicated easements on the northern side of Palm Avenue by the City of Imperial Beach to developer and owner, as more particularly described in Resolution No. 2022-46, such sale is unwound for any reason, or Developer is not the legal owner of such un-used right-of-way and excess dedicated easements; or (2) Resolution No. 2022-46 is rescinded or repealed by the City Council or is declared invalid or unenforceable by a court or other body of competent jurisdiction over the matter, this Resolution No. 2022-45 shall be null and void and all entitlements issued pursuant to this Resolution shall be null and void and Developer will be required to reapply for a new entitlement.

4. The City Manager or his designee shall provide notice to the California Coastal Commission of the City Council’s approval of the Coastal Permit pursuant to IBMC Section 19.87.160(A)(2), if necessary.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 15th day of November 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR

Resolution No. 2023-98

ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

236 PALM AVENUE MIXED-USE
Monday, October 30, 2023
City of Imperial Beach Community Development Department Meagan Openshaw
825 Imperial Beach Boulevard, Imperial Beach, CA 91932
Meagan,
This is a formal request for a one-time 6-month extension request for Regular Coastal Permit (CP-22-0008), Design Review Case (DRC-22-0022), Site Plan Review (SPR-22-0023), Conditional Use Permit (CUP-22-0007), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-Fill Development), which is scheduled to expire at the end of business on December 30, 2023, unless vested with substantial construction pursuant to an approved building permit.

Approvals of the Regular Coastal Permit, Conditional Use Permit, Design Review Case, Site Plan Review, and Categorical Exemption pursuant to CEQA Guidelines 15332 shall run coterminous.

The main reason for the one-time 6-month extension request is due to delays from issues with mapping, title research, legal descriptions, and preparation of the tentative parcel map and the final map for the purchase of the land that the City is vacating.

The building permit is underway and all departments have signed off. We are only waiting now on the sale of the ROW to be concluded so that we can issue the building permit and start construction as soon as possible. After which construction can begin, and we can have substantial construction completed well before the proposed expiration date of June 30, 2024.

Christopher Sawaya
Sawaya Architecture
Principal Architect, President
3565 7th AVENUE, SAN DIEGO, CA 92103 _ (619) 916-8145 _ [email protected] Attachment 2

ATTACHMENT 3
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June 15, 2022
ITEM TITLE: 2K COMMERCIAL PALM IB, LLC (APPLICANT); CP-22-0008, DRC-22-0022, SPR-22-0023, CUP-22-0007, & CEQA EXEMPTION PER CEQA GUIDELINES 15332 FOR MIXED-USE DEVELOPMENT WITH 14 RESIDENTIAL UNITS & 2,212 SF COMMERCIAL SPACE AT 236 PALM AVE. USE-22-77.

ORIGINATING DEPARTMENT:

Community Development
EXECUTIVE SUMMARY:

An application (Master File 1282) was originally filed with the City on March 20, 2018 and the City Council reviewed the project (Resolution 2019-8001) and the vacation of a portion of the City’s right of way and easements (Resolution 2019-8002) on January 16th, 2019 and approved the project and right of way vacation with a vote of 4-0 (1 member was disqualified). Due to the unforeseeable circumstances related to the Coronavirus impacting the applicant’s ability to obtain funding for the construction of the project, the project was delayed and the project approvals expired.

The property transferred ownership and the new owner is proposing the same project, which requires a new approval. As such, a new application (USE-22-0077) was filed with the City on April 19, 2022 for a Regular Coastal Development Permit (CP-22-0008), Design Review Case (DRC-22-0022), Site Plan Review (SPR-22-0023), Conditional Use Permit (CUP-22-0007), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-Fill Development Projects) proposing to construct the same project that was previously approved by Resolutions 2019-8001 and 2019-8002. The project proposed is a new mixed-use development with approximately 2,212 square feet of commercial space and fourteen (14) residential units with an affordable housing component on a 9,139 square feet property located at 236-238 Palm Avenue (APN 625-023-07- 00) in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone. The previously approved project originally proposed two affordable units, though three were approved. The new application is for two affordable units. The design of the project has not changed. The applicant is also proposing to purchase approximately 3,262 square feet of un-used right-of-way and excess dedicated easements on the northern side of Palm Avenue from the City of Imperial Beach, which easements and right-of-way the City would summarily vacate, with a reservation of utility easements, if the project is approved. The total size of the new lot would be 12,401 square feet.

The proposed structure would measure thirty-five (35) feet in height with ground level parking spaces behind the commercial space and under the structure.

RECOMMENDATION:

That the City Council hold the public hearing; consider public input, and adopt Resolution 2022- 45, approving Regular Coastal Development Permit (CP-22-0008), Design Review Case (DRC22-0022), Site Plan Review (SPR-22-0023), Conditional Use Permit (CUP-22-0007), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-Fill Development Projects) to

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construct a new mixed-use development with approximately 2,212 square feet of commercial space and fourteen (14) residential units with an affordable housing component at 236-238 Palm Avenue (APN 625-023-07-00) in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone subject to the conditions as specified in the attached resolution.

OPTIONS:

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

BACKGROUND/ANALYSIS:

An application (Master File 1282) was
originally filed with the City on March 20,
2018 for a Regular Coastal
Development Permit (CP 180012),
Design Review Case (DRC 180013),
Site Plan Review (SPR 180014),
Conditional Use Permit (CUP 180041),
and Categorical Exemption pursuant to
CEQA Guidelines 15332 (In-Fill
Development Projects). The project was
reviewed by the Design Review Board
on July 26, 2018 and the Board
recommended approval of the project’s
design with a vote of 3-1. The City
Council reviewed the project (Resolution
2019-8001) and the vacation of a portion
of the City’s right of way and easements
(Resolution 2019-8002) on January
16th, 2019 and approved the project and
right of way vacation with a vote of 4-0
(1 member was disqualified). Due to the
unforeseeable circumstances related to
the Coronavirus impacting the applicant’s ability to obtain funding for the construction of the project, the project was delayed and the project approvals expired.

The property transferred ownership and the new owner is proposing the same project, which requires a new approval. As such, a new application (USE-22-0077) was filed with the City on April 19, 2022 for a Regular Coastal Development Permit (CP-22-0008), Design Review Case (DRC-22-0022), Site Plan Review (SPR-22-0023), Conditional Use Permit (CUP-22-0007), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-Fill Development Projects) proposing to construct the same project that was previously approved by Resolutions 2019-8001 and 2019-8002. The project proposed is a new mixed-use development with approximately 2,212 square feet of commercial space and fourteen (14) residential units with an affordable housing component on a 9,139 square feet property located at 236-238 Palm Avenue (APN 625-023-07- 00) in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone. The previously approved project originally proposed two affordable units, though three were approved. The new application is for two affordable units. The design of the project has not changed. The applicant is also proposing

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to purchase approximately 3,262 square feet of un-used right-of-way and excess dedicated easements on the northern side of Palm Avenue from the City of Imperial Beach, which easements and right-of-way the City would summarily vacate, with a reservation of utility easements, if the project is approved. The total size of the new lot would be 12,401 square feet.

The project site fronts Palm Avenue and the Silver Strand Boulevard (northwest corner of Palm and Silver Strand) in the C/MU-2 Zone. The properties to the north are comprised of single and multi-unit residential uses, the properties to the east and west are comprised of commercial uses, and the properties to the south are comprised of commercial and mixed-use uses. The primary building elevation would face Palm Avenue, which is consistent with the surrounding commercial and mixed-use uses along the Palm Avenue Corridor.

The building consists of two and three-story elements and would measure 35 feet in height with 2,121 square feet of commercial space on the first floor that would provide a 16’-9 1/8” to 19’-1/8” floor to ceiling height. One residential dwelling unit would locate on the first floor behind the commercial space and 13 residential dwelling units would locate above the first floor. The building would provide pedestrian access to the commercial space from Palm Avenue. Pedestrian access to the residential units would be provided from Palm Avenue and Silver Strand Boulevard.

Eighteen parking spaces would locate off Silver Strand Boulevard and an existing curb cut on Palm Avenue would be removed, allowing for additional public parking.

The proposed project design would contribute positively in making an architectural statement along this commercial corridor and staff finds that the proposed design conforms to the intent and purpose of the design standards outlined in Imperial Beach Municipal Code (IBMC) Section

19.83.010 and in the City’s General Plan. The applicant’s design provides varied rooflines and architectural relief through the incorporation of building pop-outs, varied setbacks and stepbacks.

In addition, the project would provide architectural interest on all elevations with varied building materials such as fiber cement panels, plaster, brick veneer, metal window awnings, and cable railings elements. Landscaping would be provided along the north and west property lines as well as the east property line adjacent to the driveway entrance. The proposed landscaping would be drought tolerant plants and pavers.

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Design Review Board
The Design Review Board reviewed the project on July 26, 2018 and recommended approval of the project’s design with a vote of 3-1 (1 absent) (See Attachment 3). The Design Review Board requested that the architect investigate the building height to determine if the height could be reduced in the retail or parking areas to reduce the overall height of the project. The architect considered the matter and responded that the building was designed to respect current view corridors, to allow for the most viable commercial space for the corner property, and the proposed configuration is the best solution. In addition, the building height approaches 35 feet only in very specific locations (at the top peak of the pitched roof portions, and at the top of the parapet walls, intended to specifically screen the rooftop HVAC equipment), and the majority of the building does not reach 35 feet.

General Plan Consistency:

C/MU-2 (Seacoast Commercial and Mixed-use) Zone: The purpose of the C/MU-2 Zone is to provide land to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. It is intended that the dominant type of commercial activity in the C/MU-2 Zone will be visitor-serving retail such as specialty stores, surf shops, restaurants, and hotels and motels. Mixed-use and multiple family residences are also permitted in the C/MU-2 Zone. The development standards of the C/MU-2 Zone encourage pedestrian activity through the design and location of building frontages and parking provisions (IBMC Section 19.27.010). The proposed mixed-use project meets the purpose and intent of the land use designation.

Density: A lot size of 12,401 square feet in the C/MU-2 Zone permits for eight residential units with a base density of one unit for every 1,500 square feet of lot area, or ten units with a Conditional Use Permit, allowing for one unit for every 1,210 square feet of lot area. However, state law allows for up to a 50% density bonus over the maximum allowable gross residential density for projects that designate at least 15% of the units as very low-income units (Government Code Section 65915). In addition, all density calculations resulting in fractional units shall be rounded up to the next whole number for projects that include affordable housing. The below chart outlines the potential density calculations for the project. The proposed 14 residential units does not exceed the density bonus provisions per state law.

Density Density Calculation Allowed Units
Base Density 1 unit per 1,500 sq. ft. lot area = 8.28 8 units CUP Density 1 unit per 1,210 sq. ft. lot area = 10.25 10 Units Base Density with
Affordable Bonus
1 unit per 1,500 sq. ft. lot area = 8.28
units (9 when rounded up per state law)
2 very low income units = 22% (2/9 =
22%), which allows for a 50% density
bonus
50% bonus = 4.5 extra units (5 when
rounded up per state law)
9 + 5 = 14 units
14 Units

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CUP Density with
Affordable Bonus
1 unit per 1,210 sq. ft. = 10.25 units (11
when rounded up per state law)
2 very low income units = 18% (2/11 =
18%), which allows for a 50% density
bonus
50% bonus = 5.5 extra units (6 when
rounded up per state law)
11 + 6 = 17 units
17 Units
Height: The building height in the C/MU-2 Zone permits 30 feet, and pursuant to Imperial Beach Municipal Code Section 19.27.070, properties east of Seacoast Drive or on Palm Avenue may have a height limit not to exceed three stories and 35 feet with approval of a conditional use permit that demonstrates compliance with side yard setbacks and/or stepbacks that protect street-end public views towards the ocean, and that two or more of the development incentives listed in IBMC Section 19.27.020(A)(5) are provided. The applicant is requesting a conditional use permit for a building height of 35 feet. The project would not impact street-end public views toward the ocean and the applicant is proposing to meet three development incentives as noted below. In response to inquiries related to privacy for neighboring properties to the north, the architect has stated that the bedroom windows facing north have been sized to meet minimum emergency egress requirements for sleeping areas and the living room windows facing north have been recessed an additional six feet, 16’ from the northern property line.

Parking: Without incentives, 14 residential units would require 21 parking spaces and 2,212 square feet of commercial space would require two parking spaces for a total of 23 parking spaces. Pursuant to IBMC Section 19.48.035 a 25% reduction for vertical mixed-use projects is permitted resulting in 17 required parking spaces. The project proposes 18 spaces (2 ADA spaces). However, parking stalls adjacent to columns do not provide an extra foot of parking space width on each obstructed side, which is required pursuant to IBMC 19.48.090.C. The applicant is proposing to apply an affordable housing concession to allow for a reduced parking stall width for spaces adjacent to columns pursuant to IBMC Chapter 19.65.060 and California Government Code Section 65915. Government Code requires concessions to be provided unless the City makes findings that the concession is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or that the concession would provide a specific adverse impact as defined by Government Code 65589.5, or if it is contrary to State or Federal law. Staff finds that the proposed concession would not have an adverse impact because the reduction of parking space width adjacent to columns is unlikely to deter vehicles from utilizing the parking stalls.

If the parking layout as described above is determined to be undesirable, the applicant has the ability to design an alternate plan where standard parking stalls adjacent to columns would comply with the additional width requirement; however, this would result with 17 parking spaces. Though a parking layout with 17 spaces is an option, the design with 18 spaces is recommended because it allows for an additional vehicle to park on the site.

Conditional Use Permit: The increased height is subject to two or more development incentives listed in IBMC Section 19.27.020(A)(5), which are as follows:
a. Project sites that are consolidated to a final size greater than twenty thousand square feet;

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b. Entire project achieves Leadership in Energy and Environmental Design (LEED) Green Building Rating System certification, a comparable green building certification, or can demonstrate the ability to achieve certification;
c. Entire project provides a minimum of seventy-five percent “active commercial uses” on the ground floor;
d. At least twenty-five percent of proposed residential units must be three-bedroom units; e. Provide an additional one hundred square feet of common open space or plaza space with minimum dimensions of six feet by ten feet;
f. Dedicate a minimum of one foot of private property frontage to public use (creates a onefoot front setback dedicated to public use); g. Floors above first floor provide additional stepback of five feet beyond required stepback.

The applicant is proposing to provide three development incentives: (e) providing and additional one hundred square feet of common open space or plaza space with minimum dimensions of six feet by ten feet; (f) dedicating a minimum of one foot of private property frontage to public use (creates a one-foot front setback dedicated to public use) along Palm Ave; and (g) floors above first floor provide additional stepback of five feet beyond required stepback. In addition to the Conditional Use Permit incentives provided above, the project includes an affordable housing component to include very low-income units. While not a specific development incentive, it does address an acute issue facing our community.

Zoning Chart:

C/MU-2 STANDARDS PROVIDED/PROPOSED
Maximum density of one dwelling unit for every one
thousand five square feet of lot area, or if located on the east side of Seacoast Drive or Palm Avenue, east
of Seacoast Drive, one dwelling unit for each one
thousand two hundred and ten gross square feet of lot
area with approval of a conditional use permit by the
City Council that demonstrates compliance with two
or more development incentives (Section 19.27.020).

The property measures 12,401 square
feet (including right-of-way vacation)
and proposes 14 units, including two
(2) very low-income units. The
proposed density does not exceed the
density bonus provisions per state law
(Government Code Section 65915).

Yard requirements for the C/MU-2 zone are as follows
(Section 19.27.040):

A. For lots not fronting on Seacoast Drive there are
no front, side, or rear yard setbacks in the C/MU2 zones except as follows:

B. A ten-foot rear and/or side yard setback is
required for properties abutting any property
zoned R-1-6000.

A. The project fronts Palm Avenue
with a one-foot dedication.

B. The project abuts properties to the
north (rear yard) zoned R-1-6000.

The project provides a ten-foot
setback.

Stepback requirements for the C/MU-2 Zone are as
follows (Section 19.27.041):

A. On property with a side or rear yard abutting a
residential zone, the second-floor stepback shall be a
minimum of five feet from the abutting residential

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property line and the third-floor stepback shall be a
minimum of ten feet from the abutting residential
property line.

B. Stepbacks are not required where the ten-foot
setback is required or observed for at least fifty
percent of the property line abutting residential
property.

A. The second and third floors are
stepped back ten feet from the abutting
residential properties to the north.

B. The project provides the required
ten-foot setback for all floors from the
abutting R-1-6000 Zone to the north
and provides an additional ten-foot
setback and stepback from the
property to the west. Also, portions of
all floors are set back or stepped back
from Silver Strand Boulevard.

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

19.27.050).

The lot size would measure 12,401
square feet.

Minimum street frontage of 30 feet (Section

19.27.060).

The Palm Avenue frontage is
approximately 116 feet and the Silver
Strand Boulevard frontage is
approximately 95 feet.

Maximum height of three stories or thirty feet,
whichever is less, except as follows (Section

19.27.070):

Properties east of Seacoast Drive shall have a height
limit not to exceed three stories and thirty-five feet with approval of a conditional use permit that
demonstrates compliance with the following:

A. Side yard setbacks and/or stepbacks
have been incorporated into the project to protect
street-end public views towards the ocean;
B. Two or more of the development
incentives listed in Section 19.27.020(A)(5).

The project proposes a building height
of 35 feet and is requesting a
conditional use permit.

A. The project incorporates the
required setbacks and stepbacks and
would not impact street-end public
views.

B. The project is proposing the
following development incentives: 1)
Provide an additional one hundred
square feet of common open space or
plaza space within minimum
dimensions of six feet by ten feet.; 2) A
minimum of one foot of private property
frontage to public use (creates a onefoot front setback dedicated to public use) along Palm Ave.; 3) Floors above
first floor provide additional stepback of
five feet beyond required stepback.

All commercial spaces on the ground floor shall have
a minimum fifteen-foot floor-to-ceiling height; and
single-story commercial buildings shall have a
The project is proposing a floor-toceiling height of 16’-9 1/8” to 19’-1/8”.

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minimum building height of twenty feet (Section

19.27.070.B).

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

19.27.080)
Only one building would locate on the
lot.

Commercial landscaping: not less than 15% of total
site shall be landscaped and maintained (Section

19.50.030).

The 12,401 square foot lot requires a
minimum of 1,860.15 square feet of
landscaping (12,401 x .15 = 1,860.15).
2,322 square feet of landscaping is
proposed.

Required parking spaces for multiple-family
residential in the C/MU-2 Zone: 1.5 spaces per
dwelling unit. A 25% reduction may be allowed for
vertical mixed-use (IBMC Section 19.48.035).

The C/MU-2 Zone requires 1 space per 1,000 gross
square feet of commercial space. A 25% reduction
may be allowed for vertical mixed-use (IBMC Section

19.48.035).

Fourteen residential units would
require 21 parking spaces and 2,212
square feet of commercial space would
require two parking spaces for a total
of 23 parking spaces. However, IBMC
Section 19.48.035 allows for a 25%
reduction for vertical mixed-use
projects. Therefore, a minimum of 17
parking spaces are required (23 x .75
= 17.25), though the project is currently
proposing 18 parking spaces.

Pursuant to Chapter 19.65 of the
Imperial Beach Municipal Code and
California Government Code Section
65915 the project is proposing a
concession to reduce the width of
parking spaces adjacent to columns.

Right-of-Way: The proposed project includes the applicant purchasing 3,262 square feet of unused right-of-way vacation from the City of Imperial Beach. In general, a city may dispose of real property for the common benefit or for the benefit of the city. Additionally, this property qualifies under the Surplus Lands Act as “exempt surplus property” and therefore is not subject to the Surplus Lands Act procedural requirements. As a separate agenda item, the Council will consider declaring the property as exempt surplus property, and Staff will send the Council resolution to HCD at least 30 days prior to any sale of the right-of-way. In addition, a city may summarily vacate public streets that have not been used for vehicle traffic and are impassable for more than five years or are considered excess right-of-way. Vacating and selling the City right-of-way at the intersection of Palm Avenue and Silver Strand Boulevard that is not used for right-of-way purposes is consistent with the Local Coastal Program/General Plan, which was adopted in 1994.

Specifically, Policy C-8 of the Circulation Element recommends that excess rights-of-way be reduced. After the vacation, the right-of-way would be approximately 80’ for Palm Avenue and approximately 70-80’ for Silver Strand Boulevard, which would meet or exceed public access standards.

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Surrounding Land Use and Zoning:

Surrounding
Areas
Surrounding Zoning Surrounding Land
Use
North R-1-6000 (Single-Family Residential) Residential
South C/MU-2 (Seacoast Commercial & Mixed-Use) Mixed-Use East C/MU-2 (Seacoast Commercial & Mixed-Use) Commercial West C/MU-2 (Seacoast Commercial & Mixed-Use) Commercial Please note that the project entitlements in Resolution No. 2022-45 are contingent upon (1) the City sending the Council’s determination of exempt surplus property to HCD and receiving no comments from HCD that would prohibit the sale of the right-of-way, and (2) the completed sale of approximately 3,262 square feet of un-used right-of-way and excess dedicated easements on the northern side of Palm Avenue by the City of Imperial Beach to the developer, which easements and right-of-way the City would summarily vacate, with utility easements to be provided as a condition of approval, resulting in 12,401 square feet of lot area. In the event that the sale of the City’s excess right-of-way is not completed for any reason, Resolution No. 2022-45 would be null and void.

ENVIRONMENTAL DETERMINATION:

The project may be categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 (In-Fill Development Projects).

COASTAL JURISDICTION:

The project is located in the Appeal Jurisdiction of the California Coastal Commission as indicated on the Local Coastal Program Post Certification and Appeal Jurisdiction Map and, as such, is appealable to the California Coastal Commission under Section 30603(a) of the California Public Resources Code and IBMC Section 19.87.160.

FISCAL IMPACT:

FISCAL YEAR: 21/22
BUDGETED: N/A

BUDGET AMENDMENT N/A
ACCOUNT NO(S).: 101-0000-221-01-02
PROJECT NO(S).: 22-0077-DEP
FISCAL ANALYSIS: The applicant has deposited
$4,000 to fund the processing of
this application.

CURRENT BUDGET: $4,000

ANTICIPATED
EXPENDITURE:
$4,000

Page | 10
ATTACHMENTS:

1. Attachment 1 - Resolution 2022-45

2. Attachment 2 - Project Plans

3. Attachment 3 - Draft Design Review Board Minutes 072618

4. Attachment 4 - Project Rendering, Landscape Plan, and Materials Board

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November 15, 2023
ITEM TITLE: RESOLUTION NO. 2023-101 AWARDING A PUBLIC WORKS CONTRACT FOR CONSTRUCTION OF THE 10TH STREETSCAPE ENHANCEMENT PROJECT (S22107) AND APPROPRIATING $410,000 TO THE PROJECT BUDGET. (0390-86 & 0720-10) ORIGINATING DEPARTMENT:

Public Works
EXECUTIVE SUMMARY: Resolution No. 2023-101 awards a contract to Fordyce Construction, Inc. for the 10th Streetscape Enhancement Project at a bid price of $1,171,685. Fordyce Construction, Inc. was the lowest responsible and qualified bidder. The City received two bids on the project. The Engineer’s construction estimate for the project was $900,000. This resolution also authorizes a budget transfer in the amount of $410,000 to the 10th Streetscape Enhancement Project (S22107) from available Transnet and SB1 funds.

RECOMMENDATION:

Adopt Resolution No. 2023-101 awarding the contract for the 10th Streetscape Enhancement Project to Fordyce Construction, Inc. in the amount of $1,171,685, and authorize a budget transfer in the amount of $410,000 to the 10th Streetscape Enhancement Project (S22107) from available Transnet and SB1 funds.

OPTIONS:
 Approve resolution and recommendation from staff
 Reject bids and provide direction to staff to staff on how to proceed on the project  Request additional information and an additional report BACKGROUND/ANALYSIS:

The City is fortunate to have been awarded a grant to rehabilitate 10th Street. In 2013, the 700 block of 10th Street was determined by the City Council to need a master plan for street improvements. During the master planning effort, the City as well as consultants identified community needs for the corridor by public outreach and discussions with residents.

The master plan of the project has been partially constructed by private owners redeveloping their parcels leaving missing gaps that need to be constructed by the City of Imperial Beach as part of this project.

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At the September 21, 2022 Council meeting the City Council approved through Resolution No. 2022-75 the acceptance of $812,262 from the Clean California Grant and the appropriation of $270,754 in Transnet funds to use as the City match.

The project engineering design and specifications were completed by Kimley-Horn, one of the City’s on-call engineering firms, in September 2023. The project construction was advertised for bids in October 2023. A public bid opening was scheduled for Thursday, November 2, 2023. Bids were opened as scheduled. The following are the bid results:

Bid Amount

1. Fordyce Construction, Inc.

2. Montano Pipeline, Inc.
$1,171,685
$1,280,625
The Engineer’s Estimate for the base bid was $900,000.

The lowest qualified bid was from Fordyce Construction, Inc.

Additional funds are necessary for construction of the project. Staff recommends transferring funds from Transnet and SB1 available funds to this project.

ENVIRONMENTAL DETERMINATION:

This project may be categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301 (Existing Facilities) and Section 15304 (Minor Alterations to Land).

FISCAL IMPACT:

Budget:

Clean California Grant (S22107) $ 812,262
Transnet City Match (S22107) $ 270,754
Additional Funds - Transnet $ 180,000
Additional Funds – SB1 $ 230,000
TOTAL REVENUE $1,493,016
Expenditure:

Engineering Design, Bid Support, Construction Management and Testing $ 230,000 Public Works Contract – Construction $1,171,685
Project Contingency $ 91,331
TOTAL EXPENDITURES $1,493,016

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FISCAL YEAR: 2024
BUDGETED: $1,083,016
BUDGET AMENDMENT Yes
ACCOUNT NO(S).: 202-5016-531.2006
207-5000-532.2006
PROJECT NO(S).: S22107
FISCAL ANALYSIS: The 10th Streetscape Project (S22107) will result in an additional appropriation from Transnet funds in the amount of $180,000 and SB1 funds in the amount of $230,000. These funds will be re-allocated from the previously approved FY24 Annual
Roadway Improvement Project (S24102).

CURRENT BUDGET: $1,083,016

ANTICIPATED
EXPENDITURE:
$1,493,016
ATTACHMENTS:

ATT 1 - Resolution No. 2023-101

ATTACHMENT 1
RESOLUTION NO. 2023-101

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AWARDING A PUBLIC WORKS CONTRACT FOR CONSTRUCTION OF THE 10TH STREETSCAPE ENHANCEMENT PROJECT (S22107) AND APPROPRIATING $410,000 TO

THE PROJECT BUDGET
WHEREAS, the City has been awarded a grant to rehabilitate 10th Street; and WHEREAS, at the September 21, 2022 Council meeting the City Council approved through Resolution No. 2022-75 the acceptance of $812,262 from the Clean California Grant and the appropriation of $270,754 in Transnet funds to use as the City match; and WHEREAS, the project design and specifications were completed by Kimley-Horn, one of the City’s on-call engineering firms, in September 2023. The project construction was advertised for bids in October 2023. A public bid opening was scheduled for Thursday, November 2, 2023; and
WHEREAS, upon review of the bids, the lowest responsible and qualified bid was submitted by Fordyce Construction, Inc. Staff recommends awarding the construction contract for a not-to-exceed amount of $1,263,016 which includes $91,331 in contingency to Fordyce Construction, Inc.; and
WHEREAS, the Resolution authorizes an appropriation of $180,000 to the Project’s budget from Transnet funds and an appropriation of $230,000 in SB1 funds for a total project cost of $1,493,016 which includes a project contingency.

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 legislative body hereby accepts the lowest responsible bid from Fordyce Construction, Inc.

3. The contractor shall not commence construction or order equipment until they have received a Notice to Proceed.

4. The works of improvement shall be constructed in the manner and form and in compliance with the requirements as set forth in the plans and specifications for the project.

5. The City Manager or designee is authorized to sign a not to exceed construction contract for $1,263,016 with Fordyce Construction, Inc. which includes $91,331 in contingency.

6. The Finance Director is authorized to amend the FY23/24 Budget in the following accounts: 202-5016-531.2006 by re-allocating $180,000 from project S24102 (FY24 Roadway Improvements) to project S22107 (10th Streetscape Project) and 207-5000- 532.2006 by re-allocating $230,000 from project S24102 (FY24 Roadway Improvements) to project S22107 (10th Streetscape Project).

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 15th day of November 2023, by the following vote:

Resolution No. 2023-101

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

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November 15, 2023
ITEM TITLE: ADOPTION OF RESOLUTION NUMBER 2023-99 AUTHORIZING THE CITY

MANAGER TO RATIFY THE PARAMEDIC STAFFING AGREEMENT WITH THE CITY OF CHULA VISTA. (0250-20)
ORIGINATING DEPARTMENT:

Fire
EXECUTIVE SUMMARY: Adopt Resolution 2023-99 authorizing the City Manager or designee to ratify the Paramedic Staffing Mutual Aid Agreement with the City of Chula Vista.

RECOMMENDATION:

That the City Council adopt Resolution 2023-99 authorizing the City Manager or designee to ratify the Paramedic Staffing Mutual Aid Agreement with the City of Chula Vista.

OPTIONS:
 Adopt Resolution No. 2023-99
 Provide direction to the City Manager to take another specific action.  Request additional information and an additional report.

BACKGROUND/ANALYSIS:

Emergency response agencies across the country are experiencing a significant shortage of qualified paramedics to fill vacancies. Chula Vista has prioritized the need to identify and establish access to short-term surge staffing solutions to fill necessary paramedic vacancies until full-time personnel can be hired and trained. Imperial Beach and Chula Vista wish to formalize a mutual aid agreement in written terms to have qualified Imperial Beach Paramedics fill Chula Vista Paramedic positions on emergency response ambulances, standby ambulances, and standby foot teams on a reimbursement.

Imperial Beach agrees to, at their discretion, provide qualified Paramedic personnel when available to fill Chula Vista Paramedic positions identified by Chula Vista. Imperial Beach shall not be required to reduce its own emergency response resources, personnel, and services to the detriment of its normal capability to fulfill personnel requests.

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ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT: None
ATTACHMENTS:

ATT 1 – Resolution No. 2023-99
ATT 2 – Paramedic Staffing Agreement

ATTACHMENT 1
RESOLUTION NO. 2023-99

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

AUTHORIZING THE CITY MANAGER TO RATIFY THE PARAMEDIC STAFFING MUTUAL AID AGREEMENT WITH THE CITY OF CHULA VISTA.

WHEREAS, Imperial Beach and Chula Vista are licensed Advanced Life Support (ALS) Paramedic providers operating within the County of San Diego; and WHEREAS, Imperial Beach and Chula Vista provide 911 emergency response operating within the County of San Diego; and
WHEREAS, Emergency response agencies across the country are experiencing a significant shortage of qualified paramedics to fill vacancies; and WHEREAS, Chula Vista has prioritized the need to identify and establish access to short-term surge staffing solutions to fill necessary paramedic vacancies until full-time personnel can be hired and trained; and
WHEREAS, Imperial Beach and Chula Vista wish to formalize a mutual aid agreement in written terms to have qualified Imperial Beach Paramedics fill Chula Vista Paramedic positions on emergency response ambulances, standby ambulances, and standby foot teams on a reimbursement basis.

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

1. The City Manager or designee is authorized to ratify the Paramedic Staffing Mutual Aid Agreement with the City of Chula Vista.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting 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

ATT - 2 Mutual Aid Agreement Imperial Beach FD Paramedic Staffing.docx Imperial Beach Fire Department/ Chula Vista Fire Department Paramedic Staffing Mutual Aid Agreement
1 PARAMEDIC STAFFING MUTUAL AID AGREEMENT

BETWEEN IMPERIAL BEACH FIRE DEPARTMENT AND CITY OF CHULA VISTA THIS AGREEMENT is made and entered into as of October 1, 2023 (hereinafter “Effective Date”) by and between the Imperial Beach Fire Department, (hereinafter “Imperial Beach”) and the City of Chula Vista, acting through its Chula Vista Fire Department (hereinafter “Chula Vista”).

WHEREAS, Imperial Beach and Chula Vista are licensed Advanced Life Support (ALS) Paramedic providers operating within the County of San Diego;
WHEREAS, Imperial Beach and Chula Vista provide 911 emergency response operating within the County of San Diego;
WHEREAS, Emergency response agencies across the country are experiencing a significant shortage of qualified paramedics to fill vacancies;
WHEREAS, Chula Vista has prioritized the need to identify and establish access to short-term surge staffing solutions to fill necessary paramedic vacancies until full-time personnel can be hired and trained;
WHEREAS, Imperial Beach and Chula Vista wish to formalize a mutual aid agreement in written terms to have qualified Imperial Beach Paramedics fill Chula Vista Paramedic positions on emergency response ambulances, standby ambulances, and standby foot teams on a reimbursement basis; and NOW, THEREFORE, the Parties agree as follows:

1. Purpose: To formalize a mutual aid agreement in written terms to have qualified Imperial Beach Paramedics fill Chula Vista Paramedic positions on emergency response ambulances, standby ambulances, and standby foot teams on a reimbursement basis.

2. Term and Termination:
a. This Agreement shall become effective upon execution by the Parties hereto and shall continue in full force and effect for a period of twelve (12) months unless terminated or extended pursuant to the terms hereinafter set forth. This Agreement shall automatically renew for successive twelve (12) month periods unless terminated by either Party as provided for herein. b. Notwithstanding any other provision of the Agreement, either party may terminate this Agreement for any reason by providing at least thirty (30) days prior written notice to the other party. This Agreement will become immediately null and void if for any reason Imperial Beach or Chula Vista’s respective contracts are terminated or services are terminated.

3. Services and Responsibilities:
a. Imperial Beach agrees to, at their discretion, provide qualified Paramedic personnel when available to fill Chula Vista Paramedic positions identified by Chula Vista. b. Imperial Beach shall not be required to reduce its own emergency response resources, personnel, and services to the detriment of its normal capability to fulfill personnel requests.

ATT - 2 Mutual Aid Agreement Imperial Beach FD Paramedic Staffing.docx Imperial Beach Fire Department/ Chula Vista Fire Department Paramedic Staffing Mutual Aid Agreement
2 c. Imperial Beach agrees to maintain all necessary licenses and requirements of their Paramedic personnel to operate in the State of California and the County of San Diego and to be in compliance with all statutes, regulations, and ordinances as may now be in effect or as may hereafter be implemented or amended.
d. Imperial Beach agrees to provide Paramedic personnel availability through communication channels common to the Chula Vista EMS Deputy Chief, or their designee. e. Imperial Beach agrees to maintain general and professional liability insurance in an amount that meets or exceeds all statutory requirements of the State of California and as specified within the County of San Diego in force at the time of the request. f. Imperial Beach agrees to maintain Workers' Compensation insurance coverages as required by the State of California and the County of San Diego pursuant to the terms of their San Diego County.

4. Invoicing and Payment:
a. Under the terms and provisions of this Agreement, Imperial Beach will invoice Chula Vista by the hour, rounding up the nearest hour while filling requested positions for actual pay costs incurred.

This includes holdover hours due to late relief and calls for service that extends beyond the requested position schedule and impacted other positions/personnel. b. Invoices shall include:
i. Name of personnel filling the requested position.
ii. Rate of pay for that person at the time of assignment. iii. Position filled (i.e.-M38 Paramedic)
iv. Date of position filled.
v. Start and end time of position filled.
c. Chula Vista shall pay invoices within 30 days from receipt.

5. Indemnification:

Each Party shall indemnify, defend, and hold the other harmless and its’ officers, employees, and agents from and against any liability, claim or cause of action or expense, including defense costs and legal fees arising from or connected with claims and lawsuits for damages or workers’ compensation benefits relating to their operations or services, which result from bodily injury, death, personal injury, or property damage.

6. Notices:

Written notice required under this Agreement shall be delivered personally, email, or sent by United States Registered or Certified Mail, postage prepaid and return receipt requested, and addressed or delivered to the Parties at the following addresses:

Chula Vista Fire Department
Public Services North, Building C
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Chief Harry Muns

ATT - 2 Mutual Aid Agreement Imperial Beach FD Paramedic Staffing.docx Imperial Beach Fire Department/ Chula Vista Fire Department Paramedic Staffing Mutual Aid Agreement
3 7. Entire Agreement; Modification:

This Agreement contains the entire understanding of the Parties with respect to the subject matter hereof and supersedes all prior Agreements, oral or written, and all other communications between the Parties relating to such subject matter. This Agreement may not be amended or modified except by mutual written Agreement.

8. Governing Law:

This Agreement shall be construed in accordance with the laws of the State of California. The provisions set forth herein shall survive expiration or other termination of the Agreement regardless of the cause of such termination.

9. Relationship:

In the performance of this Agreement, each party hereto shall be, as to the other, an independent contractor and neither party shall have the right or authority, express or implied, to bind or otherwise legally obligate the other Parties. Nothing contained in this Agreement shall be construed to constitute any party assuming or undertaking control or direction of the operations, activities or medical care rendered by the other. The Parties’ administrative staff shall meet on a regular basis to address issues of mutual concern related to the provision of aid and the Parties’ respective rights and obligations hereunder.

10. Third Parties:

This Agreement shall not be construed as or deemed to be an Agreement for the benefit of any third party or parties; and no third party or parties shall have any right or action hereunder for any cause whatsoever.

11. Waiver:

A waiver by any party of a breach or failure to perform hereunder shall not constitute a waiver of any subsequent breach or failure.

12. Captions:

The captions contained herein are used solely for convenience and shall not be deemed to define or limit the provisions of this Agreement.

13. Assignment; Binding Effect:

This Agreement shall not be assigned or transferred by any party, in whole or in part, without the prior written consent of the other Parties, and any assignment or transfer without such consent shall be null and void. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective heirs, representatives, successors and permitted assigns.

14. Severability:

ATT - 2 Mutual Aid Agreement Imperial Beach FD Paramedic Staffing.docx Imperial Beach Fire Department/ Chula Vista Fire Department Paramedic Staffing Mutual Aid Agreement
4 The invalidity or unenforceability of any term or provision hereof will in no way affect the validity or enforceability of any other term or provision.

15. Non-Exclusion:

Each party represents and certifies that neither it nor any practitioner who orders or provides Services on its behalf hereunder has been convicted of any conduct that constitutes grounds for mandatory exclusion as identified in 42 U.S.C § 1320a-7(a). Each party further represents and certifies that is not ineligible to participate in Federal health care programs or in any other state or federal government payment program. Each party agrees that if DHHS/OIG excludes it, or any of its practitioners or employees who order or provide Services, from participation in Federal health care programs, the party must notify the other party within five (5) days of knowledge of such fact, and the other party may immediately terminate this Agreement, unless the excluded party is a practitioner or employee who immediately discontinues ordering or providing Services hereunder.

16. Capacity:

The undersigned represents and warrants that they have the right and authority to execute this Agreement and to bind the Parties hereto.

The Parties hereto have executed this Agreement on the date first written above.

City of Chula Vista
By: _______________________________ Approved as to form:

Name: Maria V. Kachadoorian, City Manager _________________________________ Jill D.S. Maland
Lounsbery Ferguson Altona & Peak
Acting City Attorney
Imperial Beach Fire Department
By: _______________________________
Name: John French, Fire Chief

P a g e | 1
November 15, 2023
ITEM TITLE: ADOPTION OF RESOLUTION NUMBER 2023-100 AUTHORIZING THE CITY

MANAGER TO RATIFY THE MEMORANDUM OF AGREEMENT (MOA) WITH THE COUNTY

OF SAN DIEGO, OES FOR THE USE OF THE WIRELESS EMERGENCY ALERT (WEA) AND GENERATE ALERT SAN DIEGO CAMPAIGNS TO OUR JURISDICTION. (0210-72) ORIGINATING DEPARTMENT:

Fire
EXECUTIVE SUMMARY: Adopt Resolution 2023-100 authorizing the City Manager to ratify the Memorandum of Agreement (MOA) with the San Diego County Office of Emergency Services (OES) for the use of the Wireless Emergency Alert (WEA) and generate Alert San Diego campaigns to our jurisdiction.

RECOMMENDATION:

That the City Council adopt Resolution 2023-100 authorizing the City Manager to ratify the MOA with the County of San Diego, OES for the use of the Wireless Emergency Alert (WEA) and generate Alert San Diego campaigns to our jurisdiction.

OPTIONS:
 Adopt Resolution No. 2023-100
 Provide direction to the City Manager to take another specific action.  Request additional information and an additional report.

BACKGROUND/ANALYSIS:

This agreement will allow the Jurisdiction to initiate Wireless Emergency Alerts (WEA) and generate AlertSanDiego campaigns to their jurisdiction via the San Diego County Office of Emergency Services (OES) Mass Notification System.

Each Jurisdiction is responsible for initiating their own Alert & Warning messages to their jurisdiction. This MOA replaces previous agreements regarding the AlertSanDiego mass notification system and replaces previous WEA MOAs.

County OES is responsible for procuring and maintaining the System (e.g., software), used to connect to the federal WEA aggregator and AlertSanDiego, the regional notification system used to send voice, text, and email notifications to the public and businesses within San Diego County.

The System shall be funded by regional Homeland Security Grant Program funds when possible or by Unified Disaster Council dues, as determined by the Unified Disaster Council. Grant and Unified Disaster Council budgets are voted upon annually by the Unified Disaster Council.

Jurisdictional usage of the System is unlimited. Jurisdictions are not billed for utilizing the System.

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Wireless Emergency Alerts (WEA)
The Wireless Emergency Alert (WEA) system, is a federally maintained alert and warning system, available to all jurisdictions to notify the public in times of imminent, severe, or extreme hazards within the framework, agreements, rules and protocols agreed upon by the Federal Emergency Management Agency (FEMA), the Federal Communications Commission (FCC), and the Unified Disaster Council and in agreement with the Operational Area Emergency Operations Plan and the fifth amended Joint Powers Agreement, as applicable.

On behalf of the San Diego County Operational Area, County OES maintains an MOA with FEMA designating County OES as a Collaborative Operating Group (COG) with the Integrated Public Alert & Warning System (IPAWS).

With access to IPAWS through the County OES Mass Notification System, the Jurisdiction can initiate WEAs. WEAs are emergency notifications sent by authorized government alerting authorities, as determined by the Jurisdiction, through mobile carriers and broadcast to mobile phones receiving a signal from cell towers within or near the alert area. Please see examples of 90- and 360-character WEA messages in Appendix A.

Because WEA messages leverage mobile carrier cell phone towers and the broadcast range of a particular tower can be affected by many variables such as the height of antenna over surrounding terrain, the frequency of signal in use, the transmitter's power, the directional characteristics of the site antenna array, local geography and weather conditions, emergency notifications will more than likely occur outside of the intended notification area. WEA version 3.0 from FEMA/FCC incorporates 0.1-mile geo-targeting capability which allows jurisdictions to notify the public with greater accuracy.

Since WEAs may have regional implications and may be received by the public in surrounding jurisdictions, the initiation of WEAs requires regional coordination which is the responsibility of the initiating Jurisdiction.

AlertSanDiego
The County of San Diego maintains a regional notification system that is able to send voice, text, and email notifications to people within San Diego County who may be impacted by, or are in danger of being impacted by, a disaster. This system, branded as AlertSanDiego, is used by emergency response personnel to notify members of the public at risk with information about the event and/or protective actions (such as evacuation, shelter in place, etc.) It is Teletype/ “Telecommunications Device for the Deaf” TTY/TDD capable.

The System has several feeds of contact information. The system ingests the region's 9-1-1 database monthly. It is provided by the local telephone companies and includes both listed and unlisted landline phone numbers for voice notifications.

Members of the public are also able to self-register their Voice Over Internet Protocol (VoIP), cellular telephone numbers, and/or email addresses to receive notifications via voice, text, email, and/or American Sign Language with English voice and text.

The System also ingests Confidential Customer Information (CCI) from San Diego Gas & Electric public utility data monthly. It is provided pursuant to Government Code section 8593.4.

Pursuant to the Non-Disclosure Agreement (Appendix C) the Jurisdiction is a Representative of the County of San Diego, and it is hereby agreed to that the Jurisdiction is familiar with, and shall abide by, the terms of Appendix C as though it were a party hereto.

County OES will notify the individuals on the modalities listed in the CCI when they are first enrolled in the System. This notification will include a process to opt out of the System which

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would terminate County OES access to the individual’s CCI for purposes of the System.

Zonehaven
Zonehaven is an evacuation management software that is replacing the current public safety grids to select and define alerting areas during an incident. The zones have been created using several factors and have been reviewed and approved by each jurisdiction. The zones, as created, may cross jurisdictional lines.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT: None
ATTACHMENTS:

ATT 1 – Resolution No. 2023-100
ATT 2 – Alert and Warning MOA with San Diego County OES ATT 3 – Appendix A
ATT 4 – Appendix C

ATTACHMENT 1
RESOLUTION NO. 2023-100

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

AUTHORIZING THE CITY MANAGER TO RATIFY THE MEMORANDUM OF AGREEMENT (MOA) WITH THE SAN DIEGO COUNTY OFFICE OF EMERGENCY SERVICES (OES) FOR

THE USE OF THE WIRELESS EMERGENCY ALERT (WEA) AND GENERATE ALERT SAN DIEGO CAMPAIGNS TO OUR JURISDICTION.

WHEREAS, the City of Imperial Beach has the potential for severe damage from fire, earthquake, atmospheric anomalies, severe storm, drought, and other natural and manmade disasters, resulting in the loss of life, economic hardship, and threats to public health and safety; and
WHEREAS, the San Diego County Office of Emergency Services recognizes that each San Diego County Operational Area jurisdiction has a need to rapidly notify their residents during and emergency; and
WHEREAS, the City of Imperial Beach recognizes the same need to rapidly notify our residents during and emergency; and
WHEREAS, the City of Imperial Beach will be able to initiate Wireless Emergency Alerts (WEA) and generate Alert San Diego campaigns within our jurisdiction via the County OES Mass Notification system.

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

1. The City Manager or designee is authorized to ratify the Memorandum of Agreement with San Diego County OES for the use of the Wireless Emergency Alert (WEA) and Warning Message System.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting 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

ATT - 2 2023 Alert and Warning UDC_MOA_Clean Draft.docx Alert & Warning MOA – August 2023 Page 1 of
13 ALERT & WARNING

MEMORANDUM OF AGREEMENT BETWEEN

THE COUNTY OF SAN DIEGO

AND THE
[JURISDICTION]
I. PURPOSE
This Agreement (“Agreement”) is made by and between the County of San Diego (“County”) and the [JURISDICTION] (“Jurisdiction”). This form establishes a regional agreement on the use of Alert & Warning modalities capable of being initiated through the Office of Emergency Services (County OES) Mass Notification System (“System”). This agreement will allow the Jurisdiction to initiate Wireless Emergency Alerts (WEA) and generate AlertSanDiego campaigns to their jurisdiction via the County OES Mass Notification System.

County OES recognizes that each San Diego County Operational Area Jurisdiction has a need to rapidly notify their residents before and/or during an emergency. County OES and the Sheriff Communication Center are authorized to disseminate Alert & Warning messages to the unincorporated county areas.

Each Jurisdiction is responsible for initiating their own Alert & Warning messages to their jurisdiction. This Memorandum of Agreement (MOA) replaces previous agreements regarding the AlertSanDiego mass notification system and replaces previous WEA MOAs.

II. BACKGROUND
County OES is responsible for procuring and maintaining the System (e.g.., software), used to connect to the federal WEA aggregator and AlertSanDiego, the regional notification system used to send voice, text, and email notifications to the public and businesses within San Diego County.

The System shall be funded by regional Homeland Security Grant Program funds when possible or by Unified Disaster Council dues, as determined by the Unified Disaster Council. Grant and Unified Disaster Council budgets are voted upon annually by the Unified Disaster Council.

Jurisdictional usage of the System is unlimited. Jurisdictions are not billed for utilizing the System.

A. Wireless Emergency Alerts (WEA)
The Wireless Emergency Alert (WEA) system, is a federally maintained alert and warning system, available to all jurisdictions to notify the public in times of imminent, severe, or extreme hazards within the framework, agreements, rules and protocols agreed upon by the Federal Emergency Management Agency (FEMA), the Federal Communications Commission (FCC), and the Unified Disaster Council and in agreement with the Operational Area Emergency Operations Plan and the fifth amended Joint Powers Agreement, as applicable.

On behalf of the San Diego County Operational Area, County OES maintains an MOA with FEMA designating County OES as a Collaborative Operating Group (COG) with the Integrated Public Alert

ATT - 2 2023 Alert and Warning UDC_MOA_Clean Draft.docx Alert & Warning MOA – August 2023 Page 2 of
13 & Warning System (IPAWS).

With access to IPAWS through the County OES Mass Notification System, the Jurisdiction can initiate WEAs. WEAs are emergency notifications sent by authorized government alerting authorities, as determined by the Jurisdiction, through mobile carriers and broadcast to mobile phones receiving a signal from cell towers within or near the alert area. Please see examples of 90- and 360-character WEA messages in Appendix A.

Because WEA messages leverage mobile carrier cell phone towers and the broadcast range of a particular tower can be affected by many variables such as the height of antenna over surrounding terrain, the frequency of signal in use, the transmitter's power, the directional characteristics of the site antenna array, local geography and weather conditions, emergency notifications will more than likely occur outside of the intended notification area. WEA version 3.0 from FEMA/FCC incorporates 0.1-mile geo-targeting capability which allows jurisdictions to notify the public with greater accuracy.

Since WEAs may have regional implications and may be received by the public in surrounding jurisdictions, the initiation of WEAs requires regional coordination which is the responsibility of the initiating Jurisdiction (See Section IV. Communication).

B. AlertSanDiego
The County of San Diego maintains a regional notification system that is able to send voice, text, and email notifications to people within San Diego County who may be impacted by, or are in danger of being impacted by, a disaster. This system, branded as AlertSanDiego, is used by emergency response personnel to notify members of the public at risk with information about the event and/or protective actions (such as evacuation, shelter in place, etc.) It is Teletype/“Telecommunications Device for the Deaf” TTY/TDD capable.

The System has several feeds of contact information. The system ingests the region's 9-1-1 database monthly. It is provided by the local telephone companies and includes both listed and unlisted landline phone numbers for voice notifications.

Members of the public are also able to self-register their Voice Over Internet Protocol (VoIP), cellular telephone numbers, and/or email addresses to receive notifications via voice, text, email, and/or American Sign Language with English voice and text.

The System also ingests Confidential Customer Information (CCI) from San Diego Gas & Electric public utility data monthly. It is provided pursuant to Government Code section 8593.4.

Pursuant to the Non-Disclosure Agreement (Appendix C) the Jurisdiction is a Representative of the County of San Diego and it is hereby agreed to that the Jurisdiction is familiar with, and shall abide by, the terms of Appendix C as though it were a party hereto.

County OES will notify the individuals on the modalities listed in the CCI when they are first

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13 enrolled in the System. This notification will include a process to opt out of the System which would terminate County OES access to the individual’s CCI for purposes of the System.

C. Zonehaven
Zonehaven is an evacuation management software that is replacing the current public safety grids to select and define alerting areas during an incident. The zones have been created using several factors and have been reviewed and approved by each jurisdiction. The zones, as created, may cross jurisdictional lines.

III. POLICY
A. EAS
Emergency Alert System (EAS) is a national public warning system commonly used by state and local authorities to deliver important emergency information, such as weather and AMBER alerts, to affected communities. EAS Participants – radio and television broadcasters, cable systems, satellite radio and television providers, and wireline video providers – deliver local alerts on a voluntary basis. The State of California has been divided into "EAS Operational Areas" for the purpose of disseminating emergency information. The San Diego EAS Operational Area encompasses the entire County.

Only County OES and the Sheriff’s Communications Center are authorized to activate the EAS.

Approved jurisdictional Alerting Authorities in the OA can contact the OES Duty Officer and request activation of the system. Determination will be made by OES in the event of the need to notify large areas of the county to take protective actions or to provide emergency information.

B. NWEM
Non-Weather Emergency Messages (NWEM)s are sent through FEMA’s Integrated Public Alert and Warning System (IPAWS) to the National Weather Service (NWS) for broadcast over NOAA Weather Radio (NWR) All Hazards and other NWS dissemination systems. This capability was reintroduced in 2021 as a redesign of the previous enhanced NWEM dissemination functionality developed in 2006 as the All-Hazards Emergency Message Collection System (HazCollect).

Only County OES and the Sheriff’s Communications Center are authorized to send NWEM alerts.

Approved jurisdictional Alerting Authorities in the OA can contact the OES Duty Officer or the Sheriff’s Communications Office and request activation of the system. Determination will be made by OES in the event of the need to notify large areas of the county to take protective actions or to provide emergency information.

C. WEA
If a Jurisdiction’s Public Safety Official (i.e., Incident Command, or other authorized alerting authority as determined by the Jurisdiction) determines that the severity of an incident

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13 necessitates public alert through WEA, the Public Safety Official will request that a WEA is devised and sent out through the Jurisdiction’s authorized sender.

Use of the WEA system is solely authorized for imminent, severe, or extreme hazards.

Imminent, Severe, or extreme hazards are incidents where an emergency threatens, or is imminently expected to threaten, life, health, and/or property. WEAs must contain protective action instructions that recipients will follow to reduce vulnerability to an imminent and/or expected threat.

Protective action instructions include:

1. Shelter – Shelter in place

2. Evacuate – Relocate as instructed

3. Prepare – Make preparations

4. Execute – Execute a pre-planned activity

5. Avoid – Avoid the hazard

6. Monitor – Follow official information sources

7. All clear – The event no longer poses a threat or concern and the Shelter in place has ended.

The system is generally not authorized for:

1. Missing person notifications, except AMBER alerts which are sent out by the Center for Missing and Exploited Children in cooperation with California Highway Patrol

2. Non-emergency weather alerts

3. Traffic problems

4. Parking restrictions

5. Street closures

6. Structure fires impacting limited populations

7. Crime information

8. Notifications to update the public on important programs or special events

9. Routine, informational and/or educational messages

10. Other events with limited impact
The system is not authorized for:

1. Any message of commercial nature

2. Any message of a political nature

3. Any non-official business (e.g. articles, retirement announcements, etc.) D. AlertSanDiego
If a Jurisdiction’s Public Safety Official, as determined by the Jurisdiction, determines that the severity of an incident necessitates public alert through AlertSanDiego, the Public Safety Official

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13 is responsible for processing and disseminating the AlertSanDiego message.

The Jurisdiction is authorized to develop pre-established notification lists (either spreadsheets or geo-coded lists) and messages to meet their needs. These lists may include special populations (e.g. in-home care, schools, etc.), those susceptible to certain risks (e.g. homes within dam inundation zone), or employee call back lists. It is the responsibility of the Jurisdiction to create and maintain these lists.

Full Use (voice, text, email) of the AlertSanDiego system to contact registered, E-911, and utility data is authorized for the following purposes:

1. Imminent, perceived, and/or expected threat to life and/or property

2. Disaster notifications

3. Evacuation notices

4. Public health emergencies

5. Any notification to provide emergency information to a defined community Limited use (text and email only, no voice) of AlertSanDiego to contact registered mobile devices (not E-911 or utility data) are authorized for the following purposes:

1. Missing Persons at risk
A Missing Person at risk is defined in Penal Code 14215.B below:
“At-risk” means there is evidence of, or there are indications of, any of the following:
(1) The person missing is the victim of a crime or foul play. (2) The person missing is in need of medical attention. (3) The person missing has no pattern of running away or disappearing. (4) The person missing may be the victim of parental abduction. (5) The person missing is mentally impaired, including cognitively impaired or developmentally disabled.

The System is not authorized for:

1. Routine, informational, and/or educational messages

2. Any message of commercial nature

3. Any message of a political nature

4. Any non-official business (e.g. articles, event notifications, retirement announcements, etc.) Testing and training of the AlertSanDiego system is strictly limited to contact information uploaded by the Jurisdiction. No E-911, utility, or registered users may be notified without their prior written consent.

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13 E. Zonehaven
The Jurisdiction Program Administrator(s) will be responsible for vetting and verifying which employees have completed required trainings in order to obtain access to the Zonehaven system. Jurisdiction Program Administrator(s) must be approved by the Jurisdiction Unified Disaster Council representative.

The Jurisdiction Program Administrator(s) will ensure that the fire, law, EMS, and dispatch agencies serving their jurisdiction are provided a copy of this agreement. The Jurisdiction is responsible for putting in place any internal agreements necessary to perform the responsibilities within this agreement.

Jurisdictions shall, without delay, remove any and all persons no longer employed or otherwise unauthorized to issue Alert & Warning messages on behalf of the Jurisdiction from the System.

Jurisdictions shall verify that all users with access to the system:

1. Are current agents of the jurisdiction with authority to access the system

2. Have read, understand, and agree to the terms of the MOA

3. Have satisfied, at minimum, the training requirements set forth in this MOA

4. Have signed the Rules of Behavior

5. Have read and agreed to the Non-Disclosure Agreement

6. Notify County OES that the above listed items have been verified IV. COMMUNICATION
A. Cross Jurisdictional
Alerting Authorities, as determined by the Jurisdiction, responsible for disseminating Alert & Warning messages must take into consideration the importance of message coordination, resource sharing, and the need to minimize public alerting fatigue which may occur with system abuse or overuse.

Should the need for Alert & Warning be determined by Public Safety Officials, notification will be made by the initiating Jurisdiction to all potentially affected neighboring jurisdictions immediately. This may include, but not limited to, Unified Disaster Council member(s), Dispatch Agency(ies), Emergency Manager(s), and/or Special District(s), (e.g., Universities, Fire Protection Districts, Water Districts, etc.). This may be accomplished through a manual or an automated system.

B. Public
It is a best practice for the Jurisdiction to refer the public to their Jurisdiction’s official website and/or Jurisdiction operated social media sites for further information regarding the emergency that warranted the Alert & Warning. If the website AlertSD.org, or any other registered domain

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13 name that leads to AlertSanDiego.org is used as part of a public Alert & Warning message, the Jurisdiction must notify County OES of their intent to reference the website immediately. The Jurisdiction is also responsible for providing regular updates to County OES so that the County OES website can be updated with the latest disaster information.

Incomplete or imperfect information is not a valid reason to delay or avoid issuing an Alert & Warning. Time is of the essence, as recipients of warnings will need time to consider, plan, and act after they receive an Alert & Warning. This is particularly true among individuals with disabilities and people with access and functional needs. They may require additional time to evacuate or may be at increased risk of harm without notification.

For all Alert & Warning messages sent, the initiating jurisdiction shall be responsible for managing public and media questions, comments, or concerns arising from the message.

During a regional emergency, it is a best practice for all jurisdictionsto coordinate Alert & Warning and Public Information through the Operational Area Emergency Operations Center.

C. Multi-Modal
A highly effective Alert & Warning program will use as many delivery methods as appropriate and necessary. Alert & Warning is comprised of multiple modalities which may include: EAS (Emergency Alert System), NWEM (Non-Weather Emergency Message), WEA (Wireless Emergency Alert), AlertSanDiego, San Diego County Emergency Website (AlertSD.org), and Social Media. Jurisdictions should use all modality levels as appropriate to reach the widest audience.

By utilizing multiple modalities, there is a greater likelihood that people with disabilities or other access and functional needs will receive the Alert & Warning message.

V. RESPONSIBILITIES
A. Jurisdictions
All jurisdictions in the San Diego County Operational Area are responsible for the Alerting & Warning of the people within their jurisdictional boundary of severe or extreme hazards that currently threaten or pose an imminent threat to life or property.

In Zonehaven, because the zone formations do not take jurisdictional boundaries into consideration, alerts may be sent into neighboring jurisdictions. It is the responsibility of the alerting jurisdiction to inform the neighboring impacted jurisdiction that the alert and public facing map is crossing over into their area of responsibility.

Jurisdiction will ensure that trained and authorized personnel are available to issue Alert & Warning 24 hours a day, 7 days a week through dispatch and/or other means. Jurisdiction Program Administrator will be responsible for vetting and verifying which employees have

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13 completed required trainings in order to obtain access to the AlertSanDiego, WEA, and Zonehaven systems (see Appendix A). Jurisdiction Program Administrators must be approved by the Jurisdiction Unified Disaster Council representative.

The Jurisdiction Program Administrator will ensure that the fire, law, EMS, and dispatch agencies serving their jurisdiction are provided a copy of this agreement. The Jurisdiction is responsible for putting in place any internal agreements necessary to perform the responsibilities within this agreement.

Jurisdictions shall, without delay, remove any and all persons no longer employed or otherwise unauthorized to issue Alert & Warning messages on behalf of the Jurisdiction from the System.

Jurisdictions shall verify that all users with access to the system:

1. Are current agents of the jurisdiction with authority to access the system

2. Have read, understand, and agree to the terms of the MOA

3. Have satisfied, at minimum, the training requirements set forth in this MOA

4. Have signed the Rules of Behavior

5. Have read and agreed to the Non-Disclosure Agreement

6. Notify County OES that the above listed items have been verified B. State of California Alert & Warning Guidelines
All users agree to consider the State of California Alert & Warning Guidelines. The guidelines may be found online at www.CalAlerts.org
C. Training
AlertSanDiego and WEA
FEMA requires specific training for alert originators. For a step-by-step guide, please see Appendix A -Personnel Training Requirements. Initial train-the-trainer trainings will be available to the Jurisdiction by the System vendor. Trainings will then be provided to Jurisdiction administrators and communication center users. Ongoing training and refresher trainings can be provided upon request by a representative from the County.

Zonehaven
Initial Zonehaven train-the-trainer trainings will be available to the Jurisdiction by the System vendor. Trainings will then be provided to users at the administrative, communication centers, and field user levels. Ongoing training and refresher trainings can be provided upon request by a representative from the County.

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13 D. Security
Per Federal Requirements, to ensure the joint security of the systems and the message data they store, process, and transmit, both parties agree to adhere to and enforce the Rules of Behavior (as specified in Appendix B). In addition, both parties agree to the following:

1. Ensure authorized users accessing the interoperable system(s) receive, agree to abide by and sign (electronically or in paper form) the IPAWS-OPEN Rules of Behavior as specified in Appendix B. The Jurisdiction is responsible for keeping the signed Rules of Behavior on file or stored electronically for each system user.

2. Document and maintain jurisdictional specific security policies and procedures and produce such documentation in response to official audits, inquiries, and/or requests.

3. Provide physical security and system environmental safeguards for devices supporting system interoperability with IPAWS-OPEN.

4. Where applicable, ensure that only individuals who have successfully completed FEMA-required training can utilize the alert and warning systems addressed in this agreement.

5. Where applicable, document and maintain records of successful completion of FEMA-required training and produce such documentation in response to official inquiries and/or requests.

E. County OES and Sheriff
The Sheriff’s Communications Center and County OES are available to initiate requested WEA and AlertSanDiego messages from a Public Safety Official for emergencies affecting the unincorporated county area. If a WEA is initiated, the County OES Staff Duty Officer (SDO) and Sheriff Watch Commander will coordinate the Communication requirements as outlined above in section III. Communication.

Should the need for Alert & Warning be determined by Public Safety Officials, notification will be made by the initiating Jurisdiction to all potentially affected neighboring jurisdictions immediately. This may include, but is not limited to, Unified Disaster Council member(s), Dispatch Agency(ies), Emergency Manager(s), and/or Special District(s) (e.g., Universities, Fire Protection Districts, and Water Districts, etc.)
Only County OES and the Sheriff’s Communications Center can send Emergency Alert System (EAS) broadcasts and NWEM alerts through IPAWS. NWEMs will accompany all EAS broadcasts.

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13 Only County OES and the Sheriff’s Communications Center can send Emergency Alert System (EAS) broadcasts and Non-Weather Emergency Messages (NWEMs) through FEMA’s Integrated Public Alert and Warning System (IPAWS).

The Sheriff’s Communications Center and County OES may be available to initiate requested WEA and AlertSanDiego messages from a Public Safety Official through standard mutual aid processes for emergencies in incorporated county areas if the Jurisdiction is unable to do so.

County OES will conduct an annual audit of trained and authorized users to ensure users are still employed or otherwise still authorized to issue Alert & Warning on behalf of the Jurisdiction.

F. Unified Disaster Council (UDC) Alert & Warning Subcommittee The UDC Alert & Warning Subcommittee is a County-wide working group composed of participating City and County Agency Representatives. Coordinated by County OES, the UDC Alert & Warning Subcommittee shall meet as determined by the Unified Disaster Council and/or the Subcommittee, to conduct after action reviews of system usage, coordinate ongoing administration, modify policies and guidelines, or to address other issues related to Alert & Warning messages. All recommendations for substantive changes to this MOA shall be submitted to the Unified Disaster Council for approval.

G. Maintenance
This MOA will be reviewed once every four years, or upon request of the UDC or the Alert & Warning Subcommittee.

VI. GOVERNANCE
County OES will advise on Alert and Warning, in conjunction with the UDC Alert & Warning Subcommittee.

A. DEFENSE AND INDEMNITY

1. Claims Arising from Sole Acts or Omissions of County The County of San Diego (“the County”) hereby agrees to defend and indemnify the [JURISDICTION] its agents, officers and employees (hereinafter collectively referred to in this paragraph as 'Jurisdiction'), from any claim, action or proceeding against the Jurisdiction, arising solely out of the acts or omissions of County in the performance of this Agreement. At its sole discretion, the Jurisdiction may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve County of any obligation imposed by this Agreement. The Jurisdiction shall notify the County promptly of any claim, action or proceeding and cooperate fully in the defense.

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13 2. Claims Arising from Sole Acts or Omissions of the Jurisdiction The Jurisdiction hereby agrees to defend and indemnify the County, its agents, officers and employees (hereafter collectively referred to in this paragraph as “ the County”) from any claim, action or proceeding against the County, arising solely out of the acts or omissions of the Jurisdiction in the performance of this Agreement. At its sole discretion, the County may participate at its own expense in the defense of any such claim, action or proceeding, but such participation shall not relieve the Jurisdiction of any obligation imposed by this Agreement. The County shall notify the Jurisdiction promptly of any claim, action or proceeding and cooperate fully in the defense.

3. Claims Arising from Concurrent Acts or Omissions
The County hereby agrees to defend itself, and the Jurisdiction hereby agrees to defend itself, from any claim, action or proceeding arising out of the concurrent acts or omissions of the County and the Jurisdiction. In such cases, the County and the Jurisdiction agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph E below.

4. Joint Defense
Notwithstanding paragraph C above, in cases where the County and the Jurisdiction agree in writing to a joint defense, the County and the Jurisdiction may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of the Jurisdiction and the County. Joint defense counsel shall be selected by mutual agreement of the County and the Jurisdiction. The County and the Jurisdiction agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 5 below. The County and the Jurisdiction further agree that neither party may bind the other to a settlement agreement without the written consent of both the County and the Jurisdiction.

5. Reimbursement and/or Reallocation
Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, the County and the Jurisdiction may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault.

6. Application of California Law
Nothing in this Agreement is intended to, nor shall it limit or alter the application of California law as it relates to actions against, or liability of, government entities under the California law, including, but not limited to, the California Government Claims Act (Government Code Section 810 et. seq.).

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13 7. Notice and Modification
This Agreement may be modified at any time with the prior written consent of both Parties. All modifications shall be in writing and signed by both parties. Any communication or notices to be provided pursuant to this Agreement must be sent to the attention of the signatories below, or their designees.

8. No Third Party Beneficiaries
Except as may be expressly provided herein, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third party right or any other rights of any kind in any person or entity.

9. Choice of Law
This Agreement is governed by the laws of the State of California. Venue for all actions arising out of this Agreement must be exclusively in the state or federal courts located in San Diego County, California.

10. Counterparts
This Agreement may be executed in multiple copies or in one or more counterparts, each of which shall be deemed an original with the same effect as if all the signatures were on the same instrument.

11. Severability
The invalidity in whole or in part of any provision of this Agreement will not void or affect the validity of any other provisions of this Agreement.

12. Anti-assignment Clause
No Party may assign or delegate any duty or right under this Agreement. Any such purported assignment or delegation will void this entire Agreement, unless the Parties have previously approved such action in writing.

13. Authority to Enter into Agreement
Each of the signatories below represent that they have authority from their respective governing bodies to execute this Agreement and bind the parties to the terms of this Agreement.

VII. TERM AND TERMINATION
This Agreement shall become effective when it is signed by both parties. This Agreement may be terminated upon mutual consent at any time. Additionally, either party may terminate this

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13 Agreement following six (6) months’ written notice to the other party.

VIII. SIGNATORY
Jeff Toney, Director, County of San Diego OES [Jurisdiction] City Manager Date: Date:

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Appendix A

TRAINING
I. PURPOSE
To ensure effective and efficient use of Alert & Warning, agencies must regularly train and exercise their Alert & Warning policies and procedures. It is recommended that jurisdictions create a training program consisting of readily available coursework divided into sections of system access and responsibilities.

II. POLICY
A. County of San Diego
The County of San Diego Office of Emergency Services and/or the Sheriff’s Department will be available to provide upon request the below training to those authorized to initiate Alert & Warning, upon completion of training requirements as outlined in Section III, Training in this Appendix.

1. In person or virtual training on AlertSanDiego.

B. Jurisdiction
The Jurisdiction will ensure that staff they authorize to initiate Alert & Warning complete the minimum training requirements as identified by the Federal Government in Section III of this Appendix. Training is outlined below.

III. TRAINING
- The FEMA Individual Study (IS) course can be taken online at https://training.fema.gov/is/ - For all other courses, please go to the San Diego Urban Area Security Initiative Training and Exercise Calendar at https://sduasi.org/ or the California Specialized Training Institute Course Calendar at http://csti.org
A. Technician – as defined by California Alert & Warning Guidelines, is a level designed for those authorized to physically access and send Alert & Warnings (i.e., Dispatchers or other Public Safety

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Officials as determined by the Jurisdiction). The following minimum training is required:

1. Alert & Warning system user training

2. IS-247: Integrated Public Alert and Warning System (IPAWS) For Alert Originators

3. IS-251 Integrated Public Alert and Warning System (IPAWS) For Alerting Administrators

4. IPAWS Rules of Behavior: Read, understand, and sign the IPAWS Rules of Behavior

5. Review the Integrated Public Alert and Warning System (IPAWS) best practices at https://www.fema.gov/best-practices
B. Practitioner – as defined by California Alert & Warning Guidelines, is a level designed for those authorized to craft messages and/or request to have messages sent (i.e., Incident Command or other Public Safety Officials as determined by the Jurisdiction). It is recommended that practitioners complete all technician level training in addition to the following courses:

1. PER-304: Social Media for Natural Disaster Response and Recovery

2. G290-291: Basic PIO and JIC-JIS
C. Program Administrator – as defined by California Alert & Warning Guidelines, is a level designed for those overseeing the entire Alert & Warning program (i.e., Emergency Manager or other Public Safety Officials as determined by the Jurisdiction). It is required that Program Administrators complete all Technician level training as well as the following:

1. Alert & Warning system training specific to data and personnel management.

2. The individual must be knowledgeable in cross-jurisdictional coordination techniques within the jurisdiction.

In addition to the above required training, it is recommended that Program Administrators complete the following:

1. All Practitioner level training
a) L0388: Advanced Public Information Officer
b) 3. L-402: Liaison Officer
Program Administrators must be approved by the Jurisdiction’s Unified Disaster Council representative.

Program Administrators will be responsible for vetting and verifying which employees have completed required trainings as outlined above in order to obtain access to the Alert & Warning system.

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IV. SYSTEM TESTING
A. Jurisdiction
There is no required system testing at the Jurisdictional level. It is recommended that Technicians, Practitioners, and Program Administrators, as outlined above, perform skills testing on a regular basis.

Any public facing Alert & Warning test must be coordinated through the County OES.

B. County OES and Sheriff
The AlertSanDiego system will be tested no less than once per week by the County OES Staff Duty Officer. This test will not be public facing. No public Alert & Warning shall be sent as part of the test.

In coordination with Federal Requirements, the IPAWS (WEA) system will be tested no less than once per month by the County OES Staff Duty Officer. This test will not be public facing. No public Alert & Warning shall be sent as part of the test.

V. ALERT AND WARNING GUIDELINES
Agencies should always maintain alerting capability. Maintaining the capability is imperative as disasters may strike at any time, and jurisdictions are responsible for informing the public in a timely manner of the threat and protective actions to take.

Agencies should issue alert and warning messages as soon as feasible given the circumstances of the situation. Designated alerting staff should have ready and reasonable access to the Alert & Warning system and be properly trained and well versed in how to operate the system.

Warning messages sent in error should be updated, clarified, or retracted immediately once the message has been confirmed as erroneous.

VI. MESSAGE DETAILS
It is recommended that Jurisdictions utilize the Wireless Emergency Alert Request Form. This form has been standardized and used by dispatch agencies across San Diego.

A. Descriptors and Parameters for WEA
IPAWS requires that one designator be selected from each of the following areas. Users should select the most appropriate designator for the situation.

1. Standard Alert & Warning Descriptors:

Event Type
- CDW: Civil Danger Warning - CEM: Civil Emergency Message

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- EQW: Earthquake Warning
- EVI: Evacuation Immediate
- FRW: Fire Warning
- HMW: Hazardous Materials
Warning
- LEW: Law Enforcement Warning
- LAE: Local Area Emergency
- NUW: Nuclear Power Plant Warning
- RHW: Radiological Hazard Warning
- SPW: Shelter in Place Warning
Category
- Geo: Geophysical (inc. landslide)
- Met: Meteorological (inc. flood)
- Safety: General emergency and
public safety
- Security: Law Enforcement, military,
homeland and local/private security
- Rescue: Rescue and recovery
- Fire: Fire suppression and rescue
- Health: Medical and public health
- Env: Pollution and other
environmental
- Transport: Public and private
transportation
- Infra: Utility, telecommunication,
other non-transport infrastructure
- CBRNE: Chemical, Biological,
Radiological, Nuclear or High-Yield
Explosive threat or attack
- Other: Other events
Response
- Shelter: Take shelter in place
- Evacuate: Relocate as instructed
- Prepare: Make Preparations
- Execute: Execute a pre-planned activity
- Avoid: Avoid the Subject events
- Monitor: Attend to information sources

2. Standard Alert & Warning Parameters:

Urgency
- Immediate
- Expected
Severity
- Extreme
- Severe
Certainty
- Observed
- Likely

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B. Message Requirements

1. Duration of WEA Message Broadcast - Minimum 15 minutes – Maximum 24 hours.

Broadcast duration is situationally dependent and determines how long messages are received by new phones that enter the impacted area. If a jurisdiction determines that the incident has concluded before the scheduled expiration, they should initiate a “force expiration” of the alert to avoid unnecessary alerting.

2. WEA Messages must provide clear direction on protective actions and include:
a) Source: This will be the agency sending the Alert & Warning b) Threat: This will be the reason why the Alert & Warning is being issued c) Location: Be as specific as possible about the area affected d) Guidance: Use plain language when guiding the public to take action, if applicable identify timing
e) Additional information: Where residents can go for additional information. This can be the Jurisdiction’s website/social media.
*Note: It is a best practice for the Jurisdiction to refer the public to their Jurisdiction’s official website or Jurisdiction operated social media sites for further information regarding the emergency that warranted the Alert & Warning. If the website AlertSD.org, or any other registered domain name that leads to AlertSanDiego.org is used as part of a public Alert & Warning message, the Jurisdiction must notify County OES of their intent to reference the website immediately. The Jurisdiction is also responsible for providing regular updates to County OES so that the website can be updated with the latest information about the disaster.

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THREAT
Describe the event and its impact
State the impact area boundaries
in a way that can be understood
(e.g., use street names,
landmarks, natural features, and
political boundaries)

LOCATION
Tell people where to get more
information (e.g., website)

ADDITIONAL INFO
Tell people what protective
action to take, the time when to
do it, how to accomplish it, and
how doing it reduces risk

GUIDANCE/TIME
SOURCE
Say who the message is from
EXAMPLE (90 characters):

SD Sheriff-Wildfire affecting Ramona-Evacuate via
SR67-Tune to local media and AlertSD.org
SD Sheriff- Wildfire Affecting RamonaEvacuate via SR67- Tune to local media and AlertSD.org

SOURCE THREAT LOCATION

GUIDANCE/TIME

ADDITIONAL INFO
C. Examples
EXAMPLE (360 characters):

The National Weather Service has issued a TSUNAMI WARNING for San Diego County. A series of powerful waves and strong currents may impact beaches in San Diego. Get away from coastal waters, you are in danger. Move to high ground or inland now. Keep away from the coasts until local officials say it is safe to return. For more information go to www.AlertSD.org

1 INFORMATION SHARING AND NONDISCLOSURE AGREEMENT
This Information Sharing and Nondisclosure Agreement is made as of February __, 2022 Effective Date San Diego Gas & Electric Company, a California corporation Company and CSD . The parties hereby agree as follows:

1. Definition of Confidential Information.

1.1 Confidential Information means the names, addresses, telephone numbers, and email addresses Confidential Information
does not include information (1) known to CSD or its Representatives prior to obtaining same from Company; (2) in the public domain at the time of disclosure by the Company; (3) lawfully obtained by the CSD or its Representative from a third party who did not receive same, directly or indirectly, from Company; (4) that is or was independently developed by persons who had no access to the Confidential Information; or (5) approved for release by written authorization of an authorized representative of the Company. Any party claiming that any of the foregoing five exceptions apply will have the burden of proof to establish such applicability.

1.2 Representatives liates, agents, and/or
advisors.

2. Access to Confidential Information. Company shall provide Confidential Information to CSD for the sole purpose of enrolling CSD residents in a County-operated or city-operated public emergency warning system.

3. Notification and Opt-Out. CSD shall notify the individuals listed in the Confidential Information when they are enrolled in the public emergency warning system. This notification will include a process purposes of the warning system.

4. Limited Use; Nondisclosure. CSD hereby agrees that it shall use the Confidential Information solely for the purpose of enrolling and providing notifications to CSD residents in a County-operated or city-operated public emergency warning system consistent with the provisions of Government Code section 8593.4. CSD shall ensure the confidentiality of the Confidential Information is protected under reasonable security procedures, and shall not disclose Confidential Information to any individual other than a Representative. Except as otherwise provided herein, CSD will keep confidential and not disclose the Confidential Information. CSD shall cause each of its Representatives to become familiar with, and abide by, the terms of this Agreement as though it was a party hereto. CSD shall ensure that a local government or a third-party contractor or agent that assists with or administers the emergency warning system may not use the Confidential Information for any purpose other than for emergency notification consistent with Government Code section 8593.4.

5. Court or Administrative Order. Notwithstanding the provisions of Article 2 above, CSD and its Representatives may disclose any of the Confidential Information in the event, but only to the extent, that, based upon reasonable advice of counsel, it is required to do so by the disclosure requirements of any law, rule, or regulation or any order, decree, subpoena or ruling or other similar process of any court, securities exchange, governmental agency or governmental or regulatory authority. To the extent allowed by law, prior to making or permitting any of its Representatives to make such disclosure, CSD shall provide Company with prompt written notice of any such requirement so that the Company (with CSD assistance, at xpense) may seek a protective order or other appropriate remedy.

6. Document Retention. At any time when the Confidential Information is no longer needed for the public emergency warning system, CSD shall promptly deliver to Company or destroy (with such destruction to be certified to the Company) all portions of documents (and all copies thereof, however stored) furnished to or prepared by CSD and its Representatives that contain or are based on or derived ATTACHMENT 4

2 from Confidential Information and all other portions of documents in CSD possession that contain or that are based on or derived from Confidential Information (to the extent so derived). This same pursuant to section 3 of this Agreement. Notwithstanding the foregoing, CSD will not be required to return or destroy Confidential Information that has been created solely by CSD automatic archiving and back-up procedures, but only to the extent created and retained in a manner consistent with such procedures and not for any other purpose, and provided that such automatically archived or backed-up copies will be subject to the confidentiality provisions of this Agreement.

7. Term; Survival. The term of this Agreement shall commence on the Effective Date and shall continue until terminated by mutual agreement of the parties in writing or until all Confidential Information is destroyed or returned to Company by CSD. However, the obligations and restrictions on CSD set forth herein, and the C
force and effect with respect to Confidential Information while any part of the Confidential Information is possessed by CSD. Moreover, CSD represents, warrants, and covenants that security procedures and practices appropriate to the nature of Confidential Information involved are in place and will be used at all times with respect thereto to protect it from unauthorized access, destruction, use, modification, or disclosure. Without limiting the generality of the foregoing or any other provision of this Agreement, CSD shall access, collect, store, use, and disclose the Confidential Information under policies, practices and notification requirements no less protective than those under which Company operates.

8. Assignment. Neither party shall permit this Agreement or any of its rights or obligations hereunder to be assigned or delegated voluntarily, involuntarily, by merger, consolidation, dissolution, operation of law, or any other manner, without prior written consent (which consent may not be unreasonably withheld), and any attempted assignment without such consent will be null and void.

9. Remedies. The parties acknowledge that the Confidential Information is valuable and unique and that damages would be an inadequate remedy for breach of this Agreement, and the obligations of each party and its Representatives are specifically enforceable. Accordingly, the parties agree that in the event of a breach or threatened breach of this Agreement by CSD, the Company shall be entitled to seek an injunction preventing such breach, without the necessity of proving damages or posting any bond. Any such relief shall be in addition to, and not in lieu of, money damages or any other available legal or equitable remedy. Neither party nor any of its Representatives shall have any liability to any other party or its Representatives for any special, indirect, incidental or consequential loss or damage whatsoever, including, without limitation, lost profits or lost investment opportunity, even if such party has been advised in advance that such damages could occur.

10. Other Business Opportunities. The holding of discussions between the parties and the disclosure of Confidential Information shall not be construed as an obligation on the part of either party to refrain from engaging at any time in the same business or any business similar or dissimilar to the business in which the other party is now engaged. Further, except as otherwise agreed in writing, Confidential Information received concerning the Company future plans is tentative and does not represent firm decisions or commitments by either party. Either party may meet with third persons and may receive information similar to the Confidential Information which the party received under this Agreement.

11. No Implied Licenses. Nothing in this Agreement will be construed as granting any rights to CSD, by license or otherwise, to any of the Company s Confidential Information, except as specifically stated in this Agreement.

12. No Warranty. Each party acknowledges and agrees that the Company and its Representatives make no express or implied representation or warranty as to the accuracy or completeness of the Confidential Information and that the Company and its Representatives shall have no liability relating to or arising from the use of the Confidential Information or for any errors therein or omissions therefrom.

13. No Waiver. It is understood and agreed that no failure or delay by either party in exercising any right, power or privilege available hereunder or under applicable law shall operate as a waiver thereof, nor ATTACHMENT 4

3 shall any single or partial exercise thereof preclude any other or further exercise thereof of any other such right, power or privilege.

14. Entire Agreement; Amendment; Counterparts. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and may be amended only in writing signed by both parties. This Agreement supersedes any previous confidentiality or nondisclosure agreement or contractual provisions between the parties to the extent they relate to the subject matter hereof. This Agreement may be executed by the parties hereto on any number of separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Agreement by electronic means, including an attachment to an email, shall be effective as delivery of an executed original counterpart of this Agreement.

15. Governing Law. The formation, interpretation and performance of this Agreement shall be governed by the internal laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction.

16. . If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover from the unsuccessful party all costs, expenses (including expert testimony) and reasonable attorneys fees, including allocated costs and fees of in-house counsel, incurred therein by the prevailing party.

17. Venue and Jurisdiction. In the event of any litigation to enforce or interpret any terms of this Agreement, the parties agree that such action will be brought in the Superior Court of the County of San Diego, California (or, if the federal courts have exclusive jurisdiction over the subject matter of the dispute, in the U.S. District Court for the Southern District of California), and the parties hereby submit to the exclusive jurisdiction of such courts.

18. Notices. Any notice, request, claim, demand, or other communication between the Parties required or permitted by this Agreement, or otherwise made in connection with this Agreement must be in writing and will be deemed effective: (a) when delivered in person; (b) on the next business day if transmitted by national overnight courier to a physical address (not a PO Box), with confirmation of delivery; (c) upon transmission if sent by electronic mail, provided that the sender shall also either send a hard copy of the notice on the same business day in accordance with one of the other transmission methods as confirmation of delivery or obtain written acknowledgement of receipt of the notice from the recipient. In each of the foregoing cases, notice must be addressed as follows (or at such other address for a Party as specified in a notice given in accordance with this Article):

If to Company:

San Diego Gas & Electric Company
8330 Century Park Court, SD1340
San Diego, CA 92123
Email: [email protected]
Attention: Thom Porter
With a copy to:

San Diego Gas & Electric Company
8330 Century Park Court, CP32A
San Diego, CA 92123
Email: [email protected]
Attention: General Counsel
If to CSD:

Jeff Toney
San Diego County Office of Emergency
Services
5580 Overland Avenue, Suite 100
San Diego, CA 92123
Email: [email protected]
Attention: Jeff Toney
With a copy to:

Mark Day
Senior Deputy County Counsel
1600 Pacific Highway, Room 355
San Diego, CA 92101
Email: [email protected]
Attention: Mark Day
ATTACHMENT 4

4 These addresses may be changed by written notice to the other party provided that no notice of a change of address shall be effective until actual receipt of the notice. Copies of notices are for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice.

19. Savings Clause; Effect of Uniform Trade Secrets Act. If any provision of this Agreement or the application thereof to any person, place, or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of the Agreement and such provisions as applied to other persons, places, and circumstances shall remain in full force and effect. In the event of any conflict between any provision hereof and any provision of the Uniform Trade Secrets Act of California, the provision affording the greater degree of protection to the Company shall control.

IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its authorized representative as of the Effective Date.

COUNTY OF SAN DIEGO
By:

Name: Jeff Toney
Title: Director, San Diego Office of
Emergency Services

SAN DIEGO GAS & ELECTRIC COMPANY,
a California corporation
By:

Name: John D. Jenkins
Title: Vice President Electric Systems
Operations
Approved as to legal form:

ATTACHMENT 4

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November 15, 2023
ITEM TITLE: RESOLUTION NO. 2023-97 APPROVING THE AGE-FRIENDLY IMPERIAL BEACH 2023 ACTION PLAN. (1030-90)
ORIGINATING DEPARTMENT:

Community Development
EXECUTIVE SUMMARY:

The City of Imperial Beach (City) became part of AARP’s Livable Communities Network on October 20, 2022, and in doing so agreed to explore common challenges across specific domains of livability for its residents. This initiative is an affiliate of the World Health Organization’s Global Network of Age-Friendly States and Communities, an international effort launched in 2006 to help cities prepare for their own and the world’s growing population of older adults. Over the course of the past year, with input from a diverse cross-section of the City’s residents, the Age-Friendly Imperial Beach team prepared the Age-Friendly Imperial Beach 2023 Action Plan (Plan) which seeks to make Imperial Beach a more vibrant, equitable and livable community for people of all ages. The City partnered with AARP California, San Diego Foundation and San Diego State University’s Social Policy Institute to engage and mobilize community organizations and residents to ensure that the community is safe, livable, and better supports people of all ages. The Plan was developed to increase livability with vitality and equity for people of all ages, with particular attention paid to the city’s evolving needs based on the percentage of adults over 50 years of age rapidly increasing. The Age-Friendly Imperial Beach project team gathered data from the community through an online assessment of livability perceptions, followed by a series of in-person listening sessions and action planning sessions.

The result of these conversations with the community provided the details needed that allowed us to prepare this Plan which focuses on six community-tailored domains of livability.

Additionally, the team analyzed data from the AARP Livability Index for the City, national best practices, and conducted a policy scan from existing City documents and plans. This item is before the Council for the consideration of Resolution 2023-97 (Attachment 1) approving the Age-Friendly Imperial Beach 2023 Action Plan (Attachment 2).

RECOMMENDATION:

That the City Council Adopt Resolution 2023-97 approving the Age-Friendly Imperial Beach 2023 Action Plan.

OPTIONS:

The City Council may:
 Adopt Resolution 2023-97; or
 Adopt Resolution 2023-97 with modifications requested by the City Council; or

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 Not adopt Resolution 2023-97 and disapprove the plan.

BACKGROUND/ANALYSIS:

The goal of the Plan is to improve the quality of life for every resident in Imperial Beach as demographics change. The population of the Unites States is rapidly aging and by 2030, one of every five people in the U.S. will be 65 or older. By 2035, the number of adults older than 65 nationally will be greater than the number of children under 18. Imperial Beach skews slightly younger than surrounding cities both locally and nationally, therefore this trend will be realized later than the average. People of all ages will benefit from the adoption of policies and programs such as making neighborhoods walkable, increasing transportation options, enabling access to key services, providing opportunities to participate in community activities, and, very importantly, to support housing that is affordable and adaptable.

Age-Friendly Imperial Beach looks at equity and aims to work to eliminate disparities to fairly serve all residents, especially older adults. The Plan gave significant consideration to the existing values and City planning efforts that are already in place and has sought to develop an action plan that aligns with, rather than duplicates them, while amplifying the voice of the community. Early in the project, a policy scan was conducted by reviewing existing City plans to map what was already in place in line with AARP’s domains of livability. The resulting policy scan aligned Imperial Beach assets (defined as positive characteristics or resources) within each domain of livability.

As part of the development of the Plan, a community survey was conducted to identify priorities for helping Imperial Beach residents age well and in place. The survey was available from December 17, 2022, to January 29, 2023, and was also distributed at City events, electronically through the City’s Website and in conjunction with partner organizations. The survey questions focused on various topics such as Outdoor Spaces and Buildings, Transportation, Housing, Social Participation, Respect and Social Inclusion, Employment and Civic Participation, Communications and Information and Community Support and Health Services. The City then held four interactive listening sessions throughout February and March of 2023, to help prioritize areas of focus in order to create a vision for Imperial Beach to be an age-friendly community.

The ability to participate in the Listening Sessions in both English and Spanish was available.

During these listening sessions, participants shared their thoughts about an Age-Friendly Imperial Beach and the priorities they think are most important to help the Imperial Beach community age well. This insight and input helped to better understand what is important to the residents and to consider how the City can foster an Age-Friendly Community. Finally, the City held three interactive Action Planning Sessions in June of 2023. Participants learned about feedback provided and helped to create a vision, goals, and action steps to promote an agefriendly community for all. These Action Planning Sessions were held in-person, and one session was offered in-person in Spanish. During the Action Planning Sessions, the input received was developed into the following themes of livability:
• Outdoor Spaces & Buildings
• Transportation
• Social, Physical, & Educational Support
• Communication & Information
• Housing
• Volunteerism, Military, & Civic Engagement

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The culmination of these activities led to the final Draft Age-Friendly Imperial Beach 2023 Action Plan that was released to the community on September 15th to October 1st, 2023, for review and comments. There were five comments that were registered. All comments were in support of the Action Plan, with some specific feedback about ongoing outreach, education about Blue Zones, and words of encouragement/appreciation. The results of the two questions asked in the comment portal, are as followed:
 100% stated that the Action Plan is clear and easy to understand; and  100% stated that the document reflects their priorities for older adults in Imperial Beach A copy of the Plan is provided in Attachment 2.

ENVIRONMENTAL DETERMINATION:

The adoption of the Plan, which outlines general objectives and goals to guide the creation of an Age-Friendly Imperial Beach, is not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(2). The Plan is a policy document and adoption does not constitute approval of any future projects to achieve the Plan’s goals and objectives.

FISCAL IMPACT:

Adoption of the Plan does not have any immediate fiscal impact on the City, as the Plan is a policy document. However, implementation of the Plan will have fiscal impacts that the Council will have to determine on a project-by-project basis as programs are proposed. The Plan also anticipates that additional Staff may be necessary to implement some portions of the Plan, which will also require the consideration of Council as various future programs are proposed.

ATTACHMENTS:

ATT 1 - Resolution 2023-97
ATT 2 - Age-Friendly Imperial Beach 2023 Action Plan

ATTACHMENT 1
RESOLUTION 2023-97

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, APPROVING THE AGE-FRIENDLY IMPERIAL BEACH 2023 ACTION PLAN WHEREAS, the City of Imperial Beach (City) became part of AARP’s Livable Communities Network in October 2022, and agreed to explore common challenges across specific domains of livability; and
WHEREAS, the City partnered with AARP California, The San Diego Foundation and San Diego State University Social Policy Institute to engage and mobilize community organizations and residents to ensure that the community is safe, livable, and better supports people of all ages; and WHEREAS, the Age-Friendly Imperial Beach project team gathered data from the community through a series of Community Conversations (Listening and Action Planning Sessions), a project survey, and several related conversations that provided detail on domains of livability; and WHEREAS, people of all ages will benefit from the adoption of policies and programs such as making neighborhoods walkable, increasing transportation options, enabling access to key services, providing opportunities to participate in community activities, and very importantly to support housing that is affordable and adaptable.

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

1. The above-listed findings and recitals are true and correct and are incorporated by reference herein as a substantive basis for this Resolution.

2. Approve the Age-Friendly Imperial Beach 2023 Action Plan.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting 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

2023 Action Plan
Age-Friendly Imperial Beach
ATTACHMENT 2

November 2023
As Mayor of the City of Imperial Beach, I plan to champion and advance this Age-Friendly Imperial Beach Initiative and its following Action Plan steps. This plan will unify our city-wide efforts in making the community even more equitable and supportive for all ages and will help keep Imperial Beach a great place to grow well and age well!
The United States population is aging rapidly, and by 2035, the number of adults older than 65 will be greater than the number of children under 18. At the same time, in the next seven years one of every five people in the country will be 65 or older, which is why it is imperative to create a plan to adapt to this shift in age groups. Our coastal community must prepare for this reality by making the implementation of this Age-Friendly Imperial Beach Action Plan a priority.

Imperial Beach staff worked collaboratively for the past year to guide the development of key goals and action steps that will improve the health and well-being of our community’s residents of all ages. Significant resident participation in our outreach activities was essential throughout this process, including 245 responses to our Community Baseline Survey and 67 listening session attendees. Our team also hosted four action planning sessions and heard from 49 participants, in both English and Spanish, helping us to collect foundational data to inform the recommendations on the following pages. We are fortunate for the ongoing assistance from our partners at the County of San Diego HHSA, City of Imperial Beach, San Diego State University’s Social Policy Institute, and AARP. The project was supported by a generous grant from the San Diego Foundation.

Collected in the following pages are clear action plan steps to set Imperial Beach on a path to becoming accessible, inclusive, and transformative as a community for individuals of all ages. For me, this vision entails that the activities we enjoy doing now are even more accessible for individuals with different aging journeys. This includes safely traveling throughout town and beyond, enjoying our welcoming outdoor spaces and parks, walking the dog along safe sidewalks, or attending community celebration events alongside residents of all ages and backgrounds. These steps are intended to gradually and sustainably improve the quality of life of our Imperial Beach community over the coming years.

It is my hope that each individual who sees Imperial Beach as part of their community will actively participate in building upon and expanding the range of our support and services. It is the collection of all our individual efforts that will make the biggest difference in transforming Imperial Beach into an Age-Friendly Community.

Sincerely,
The Honorable Paloma Aguirre
Mayor, City of Imperial Beach

Noviembre de 2023
Como alcaldesa de la ciudad de Imperial Beach, tengo la intención de defender y promover la Iniciativa de Imperial Beach Amigable para las Personas Mayores, así como llevar a cabo el subsecuente Plan de Acción. Se pretende concentrar esfuerzos en toda la ciudad para fomentar aún más la equidad y el apoyo para las personas de todas las edades. Asimismo, este plan contribuirá a mantener a Imperial Beach como un excelente lugar para vivir y envejecer de manera plena.

La población de los Estados Unidos está envejeciendo rápidamente, y para el 2035, el número de adultos de 65 años o más será mayor que el número de menores de 18 años. De igual manera, en los próximos siete años, una de cada cinco personas en el país tendrá 65 años o más, por lo que es esencial idear un plan que se adapte a este cambio de los grupos de edad. Nuestra comunidad costera debe estar preparada para esta realidad, y dar prioridad a la implementación del Plan de Acción de Imperial Beach Amigable para las Personas Mayores.

El personal de Imperial Beach trabajó de manera colaborativa durante el año pasado para guiar el desarrollo de objetivos clave, así como tomar las medidas necesarias que mejorarán la salud y el bienestar de los residentes de todas las edades en nuestra comunidad. La significativa participación de los residentes en las actividades de divulgación fue esencial a lo largo de este proceso, donde se obtuvieron 245 respuestas a la Encuesta de Referencia Comunitaria y hubo un total de 67 participantes en la sesión de consulta. Nuestro equipo también organizó cuatro sesiones de planificación de acciones y escuchó a 49 participantes, tanto en inglés como en español, lo cual nos ayudó a recopilar datos escenciales para respaldar las recomendaciones de las siguientes páginas. Tenemos la suerte de seguir contando con la colaboración de nuestros socios la Agencia de Servicios Humanos y de Salud (HHSA) del Condado de San Diego, la Ciudad de Imperial Beach, el Instituto de Política Social de la Universidad Estatal de San Diego y la Associación Estadounidense de Jubilados (AARP). El proyecto recibió el apoyo de la Fundación de San Diego mediante un generoso subsidio.

A continuación se encuentran las medidas claras del plan de acción para encaminar a Imperial Beach hacia la accesibilidad, la inclusión y la transformación a una comunidad de todas las edades. Personalmente, esta visión implica que las actividades que disfrutamos actualmente sean aún más accesibles para personas en diferentes etapas de la vida. Esto incluye viajar de forma segura por toda la ciudad y al más allá fuera de la ciudad, disfrutar de los acogedores espacios al aire libre y parques, pasear al perro por aceras seguras o asistir a festejos comunitarios junto a residentes de todas las edades y orígenes. Estas medidas tienen como objetivo mejorar de manera gradual y sostenible la calidad de vida de la comunidad de Imperial Beach en los próximos años.

Espero que cada persona que considere Imperial Beach como su comunidad participe activamente en la construcción y ampliación de nuestras ofertas de apoyo y servicios. Es la suma de todos los esfuerzos individuales la que hará la mayor diferencia en la transformación de Imperial Beach en una Comunidad Amigable para las Personas Mayores.

Atentamente,
La Honorable Paloma Aguirre
Alcaldesa de la Ciudad de
Imperial Beach

Table of Contents
Executive Summary
01 Domain Goals and
Actions At-A-Glance
05 Introduction to the Action Plan
17 Strategic Path to an
Age-Friendy Imperial Beach
21

Age-Friendly Imperial Beach
Action Plan Overview
30 Domains of Livability
31 Closing
55 Appendices
Available Online
58

Executive Summary
Imperial Beach, California became part of AARP’s Livable Communities Network in 2022. This initiative is an affiliate of the World Health Organization’s Global Network of Age-Friendly States and Communities, an international effort launched in 2006 to help cities prepare for the growing population of older adults. AARP’s Network of Age-Friendly States and Communities targets improvements in eight domains that influence the health and quality of life of older adults. Over the course of the past year, with input from a diverse cross-section of the City of Imperial Beach residents, the Age-Friendly Imperial Beach project team has prepared this Action Plan to help make the City of Imperial Beach a more vibrant, equitable and livable community for all ages.

During the process, residents were asked to complete an online assessment of livability perceptions and were invited to attend one of four listening sessions to provide deeper perspective on what was already working for older adults, and where there are gaps. Results of the survey and listening sessions were presented to residents for verification and additional input, then to City staff so they could prepare to mobilize next steps.

City staff, County staff, and AARP representatives with support of the Age-Friendly Imperial Beach project team, determined that the baseline survey results, and initial input pointed to six community-tailored domains of livability most relevant to the City of Imperial Beach:

Throughout the Action Planning Sessions, the community gave input on suggested actions to fulfill the proposed goals with recommendations on possible action steps. The themes of livability determined through community input were incorporated into the action plan and may be summarized as:
ʺ Outdoor Spaces & Buildings
ʺ Transportation
ʺ Social, Physical, and Educational
Support
ʺ Communication & Information
ʺ Housing
ʺ Volunteerism, Military, and Civic
Engagement
2023 Imperial Beach Action Plan 01 Page 121 of 352
ʺ Safety: Increase lighting and traffic calming measures; e-Bike training; improve the City of Imperial Beach’s walkability with special attention to access to crosswalks and sidewalks; and education on safety as we age, home repairs, and modifications ʺ Outreach and Communication: Utilize a comprehensive marketing strategy; promote services, events, and activities; and increase the visibility and communication from the City of Imperial Beach and elected officials
ʺ Activities: Develop more community events; intergenerational opportunities; and expanded programs and classes for older adults with a varying degree of mobility ʺ Community Building: Offer volunteer opportunities; create a welcoming community for all; increase access to convenient transportation; and promote a clean and healthy environment
The draft Action Plan was available for public review and comment from September 15 – October 1, 2023. The Age-Friendly Imperial Beach Action Plan clearly identifies the vision, goals, potential actions to be accomplished by elected officials, municipal staff, city residents and numerous community/civic organizations working together towards the common goal of making the City of Imperial Beach a vibrant, equitable, livable community for all ages.

Oversight and accountability for implementation is contingent on approval by City Council. An annual review of implementation progress at an open City Council meeting is called for in the action plan. A summary of the goals and activities is provided in the next Domain Goals and Actions At-A-Glance section.
02 2023 Imperial Beach Action Plan
Buckle your seatbelts and join us on our Age-Friendly Imperial Beach journey!

Plan de Acción de Imperial Beach 2023 03
Resumen ejecutivo
En el 2022, Imperial Beach, California, se convirtió en parte de la Red de Comunidades Habitables de AARP. Esta iniciativa está afiliada con la Red Mundial de Estados yComunidades Amigables a las Personas Mayores de la Organización Mundial de la Salud,una iniciativa internacional lanzada en el 2006 para ayudar a las ciudades a prepararse para la creciente población de adultos mayores. La Red de Estados y Comunidades Amigables a las Personas Mayores de AARP apunta a mejorar ocho ámbitos que influyen en la salud y la calidad de vida de los adultos mayores. A lo largo del último año, con aportes de una variada muestra transversal de los residentes de la Ciudad de Imperial Beach, el equipo del proyecto de Imperial Beach Amigable para las Personas Mayores ha preparado este Plan de Acción para convertir a la Ciudad de Imperial Beach en una comunidad más vibrante, equitativa y habitable para personas de todas las edades.

Durante este proceso, se les solicitó a los residentes que contestaran un cuestionario en línea sobre sus percepciones de la calidad de vida y se les invitó a participar en una de las cuatro sesiones de consulta para obtener una perspectiva más detallada sobre lo que está funcionando actualmente para los adultos mayores y conocer lo que hay que mejorar. Los resultados de la encuesta y las sesiones de consulta fueron presentados a los residentes para su corroboración y obtener aportes adicionales, para que luego el personal municipal pudiera prepararse para poner en marcha los pasos siguientes.

El ayuntamiento, el personal del condado y los representantes de AARP, junto con el apoyo del equipo del proyecto de Imperial Beach Amigable para las Personas Mayores, concluyeron que, a partir de los resultados de la encuesta y las aportaciones iniciales, se identificaron seis áreas específicas sobre la calidad de vida de la comunidad de mayor relevancia para la Ciudad de Imperial Beach:

A lo largo de las Sesiones de Planificación de Acciones, la comunidad sugirió medidas para cumplir con los objetivos planteados, y recomendó posibles pasos a seguir. Los temas determinados sobre calidad de vida a través de la contribución de la comunidad se han incorporaron al plan de acción y pueden resumirse de la siguiente manera:
ʺ Espacios al Aire Libre y Edificios
ʺ Transporte
ʺ Apoyo Social, Físico y Educativo
ʺ Comunicación e Información
ʺ Vivienda
ʺ Voluntariado, Servicio Militar y
Participación Cívica

ʺ Seguridad: Tomar medidas para incrementar la iluminación y disminuir el tráfico; entrenamiento en bicicletas eléctricas; mejorar la circulación peatonal en Imperial Beach, poniendo atención al acceso a cruces y aceras; así como educar acerca de la seguridad a medida que envejecemos en temas de reparaciones y modificaciones en el hogar. ʺ Divulgación y Comunicación: Utilizar una estrategia de marketing integral; promocionar servicios, eventos y actividades; y aumentar la visibilidad y la comunicación de la Ciudad de Imperial Beach y los funcionarios electos.
ʺ Actividades: Desarrollar más eventos comunitarios; oportunidades intergeneracionales; así como programas y clases adicionales para adultos mayores de diferentes niveles de movilidad. ʺ Desarrollo Comunitario: Ofrecer oportunidades de voluntariado; crear una comunidad acogedora para todos; aumentar el acceso al transporte eficiente; y promover un entorno limpio y saludable.

El borrador del Plan de Acción estuvo disponible para revisión y comentario públicos del 15 de septiembre al 1 de octubre de 2023. El Plan de Acción de Imperial Beach Amigable para las Personas Mayores identifica de manera clara la visión, los objetivos y las posibles acciones a tomar por los funcionarios electos, el ayuntamiento, los residentes de la ciudad y las varias organizaciones comunitarias y cívicas que trabajan juntos hacia el objetivo común de convertir la Ciudad de Imperial Beach en una comunidad dinámica, equitativa y habitable para personas de todas las edades.

La supervisión y responsabilidad de la implementación depende de la aprobación del Ayuntamiento de la Ciudad. El plan de acción establece realizar una revisión anual del avance de la implementación del mismo durante una reunión pública del Ayuntamiento de la Ciudad. Se proporcionará una síntesis de los objetivos y actividades en la sección Resumen Rápido de los Objetivos de Áreas y Acciones. 04 Plan de acción de Imperial Beach 2023
¡Abróchense los cinturones y únanse a nuestro viaje a Imperial Beach Amigable para las Personas Mayores!

Domain Goals and
Actions At-A-Glance
2023 Imperial Beach Action Plan 05
ʺ Research and apply for capital improvement/development grant(s) to update the physical space and function of the Imperial Beach Senior Community Center. ʺ Increase variety of programming during the hours of operation of the Imperial Beach Senior Community Center.
ʺ Create an outdoor patio space for older adults to gather within the Imperial Beach Senior Community Center.
ʺ Allow community members to reserve and rent various spaces within the Imperial Beach Senior Community Center.
ʺ Offer outdoor fitness programming, such as dance and Tai Chi, in Veterans Park. ʺ Host age-friendly and accessible outdoor events in various locations throughout the city. ʺ Create an intergenerational community garden with special consideration for pollinators where feasible.
ʺ Enforce and educate against public intoxication.
ʺ Educate residents and visitors on dog leash laws in Imperial Beach. ʺ Create a small dog park area at Veterans Park.

Goal 1 Imperial Beach Senior Community Center: Increase opportunities, access, and improve the visibility.

Domain 1 Outdoor Spaces & Buildings
Residents will have well-maintained, safe, and
active public spaces near where they live.

Domain 1 Outdoor Spaces & Buildings
Goal 2
Action
Steps
Action
Steps

06 2023 Imperial Beach Action Plan
ʺ Review and increase pedestrian safety on main thoroughfares and near bus stops. ʺ Identify potential areas to install additional benches and wayfinding signage throughout the city.
ʺ Create wider sidewalks meeting ADA requirements, where feasible. ʺ Consider “Slow Zones” with appropriate signage for increased safety and walkability near the Senior Community Center and Senior Housing developments. ʺ Encourage older adult community volunteers, with varying degrees of functionality, to complete a “Walk Audit” from AARP, compile the information and provide data to the City of Imperial Beach to inform future improvements.
ʺ Facilitate community clean-up volunteer event(s) annually. ʺ Provide information, demonstrations, and opportunities for coaching to the older adult community on how to utilize the City of Imperial Beach’s non-emergency incident reporting, complaints, and service requests app, “My Imperial Beach App,” to report maintenance concerns.
ʺ Promote and provide free trees for residents to increase the shade canopy in Imperial Beach when available.
ʺ Offer free community shredding, electronic, large item(s), paint disposal, and/or hazardous waste events.

Make Imperial Beach more walkable for all
Goal 3 ages and abilities.

Action
Steps
Action
Steps
Promote a clean and healthy environment in
Goal 4 Imperial Beach.