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staff safety while maintaining a healthy fiscal position. Perhaps most importantly, the City has remained debt free and exercised prudent financial decision making with a “Pay as you go” posture and avoiding spending money the City doesn’t have. The City’s recent trends of higher than anticipated revenues paired with fiscal conservancy have allowed the City to build its unreserved Fund balances between 38-40% of budgeted expenditures – consistent with City Council policy. This in turn allows for a one-time new expenditure as well as providing funding for this unanticipated expenditure. The item being proposed for this budget amendment falls into the aforementioned categories.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT:
The adopted FY24 budget expenses were $29,454,500. This Budget amendment would increase the expenditures in the FY24 General Fund Budget by a total of $198,817, or approximately 0.7%.
FISCAL YEAR: 2023-24
BUDGETED: NO
BUDGET AMENDMENT YES
ACCOUNT NO(S).: 101-3030-423.5004 – Equipment - $198,817 PROJECT NO(S).:
FISCAL ANALYSIS: Resolution 2023-106 allocates $198,817 from the General Fund Balance and increases the equipment operations in the Marine Safety Department.
CURRENT BUDGET: $0
ANTICIPATED
EXPENDITURE:
$198,817
ATTACHMENTS:
ATT 1 - Resolution No. 2023-106
Attachment 1
RESOLUTION NO. 2023-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, TO AUTHORIZE AMENDMENTS TO THE FY24 GENERAL FUND BUDGET WHEREAS, the City Council is responsible for the adoption of and approval of any modification of the Fiscal Year 2023-2024 City of Imperial Beach Budget; and WHEREAS, the City Council desires to be fully transparent in relation to the adoption, amendment, modification, alteration, or any other action associated with the City of Imperial Beach Budget; and
WHEREAS, City staff has identified several unanticipated equipment and maintenance items that were not included in the FY2023-24 adopted budget; and WHEREAS, Resolution No. 2023-106 will amend the actions of the City Council in relation to the Fiscal Year 2023-24 City of Imperial Beach Budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach as follows:
1. The City Council has determined that the above recitals are true and correct and are incorporated herein.
2. This resolution allocates $198,817 from the General Fund Unreserved Fund Balance and increases General Fund Expenditures by $198,817.
3. The Finance Director is authorized to amend/increase the FY2023-24 City of Imperial Beach budget in the following accounts:
101-3030-423.5004 - $198,817 (Equipment).
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 6
th day of December 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
PALOMA AGUIRRE, MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
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December 6, 2023
ITEM TITLE: PROGRESS REPORT ON THE IMPERIAL BEACH COMMUNITY RESILIENCE PLAN. (0600-20)
ORIGINATING DEPARTMENT:
Community Development
EXECUTIVE SUMMARY:
The City of Imperial Beach was granted $250,000 from the National Fish and Wildlife Foundation (NFWF) to develop the Imperial Beach Community Resilience Plan, which would allow the City to engage stakeholders and complete extensive data collection to gain a better understanding of the existing constraints, survey the coastal areas, establish a baseline and monitoring program, ensure broad utility of the resilience plan, and build capacity to enable planning of future adaptation projects, strategies and other activities.
The City Council adopted Resolution 2023-22 on April 5, 2023 enabling the City to enter in to a Professional Services Agreement with GHD Inc., as the consultant for the development of the Imperial Beach Community Resilience Plan (IB CRP), and since then, the project team including both City staff and the consultant team have been conducting extensive work on the project; this has included: developing a work plan, collecting baseline data, completing outreach with the community, and identifying potential adaptation strategies based on geography/current conditions and projected future conditions. The intent of this progress report is to provide an informational report/update on the project activities and progress thus far, present the initial draft potential coastal adaptation strategies, and receive comments from the City Council that allow staff to proceed with continuing the development of the IB CRP and the next phase of community outreach.
RECOMMENDATION:
That the City Council receive the report and provide staff with feedback on the potential coastal flooding adaptation strategies and direct the project team to develop concept design plans to be presented to the public for input.
OPTIONS:
The City Council can also:
Receive the report; or
Request additional information.
BACKGROUND/ANALYSIS:
The City of Imperial Beach completed a Sea Level Rise Vulnerability Assessment in 2016 which identified the impacts that the City currently experiences related to hazards such as tidal
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inundation and flooding that will be further exacerbated in the future due to Sea Level Rise.
According to the study, significant impacts are projected to start occurring with a 1.6-foot increase in Sea Level Rise should the City not implement any adaptation strategies. While it became apparent from the assessment that Imperial Beach is one of the most vulnerable communities to sea-level rise in California, and it is known that Imperial Beach experiences wave and tidal flooding, coastal erosion, and high groundwater during high tides and storm events, even with the efforts taken with the Sea Level Rise Vulnerability Assessment, Imperial Beach is still at the early phase of understanding and identifying coastal resilience needs for our community.
This is largely due to hurdles associated with determining the feasibility of adaptation projects that can increase the City’s resiliency. One of the consistent roadblocks that is difficult to address are the constraints analysis and establishment of a baseline. There is a need for additional data analysis and collection to establish the baseline conditions within the City and to identify shoreline adaptation strategies that incorporate natural infrastructure. Additionally, there is a need to have a living, working document that incorporates policies that address the vulnerable populations that currently experience impacts related to coastal flooding and sea level rise. The development of an Imperial Beach Community Resilience Plan would include an implementation plan, a monitoring plan, and the policy framework needed to allow for the planning and implementation of adaptation/mitigation/resilience projects.
The National Fish and Wildlife Foundation (NFWF) released the National Coastal Resilience Fund (NCRF) Grant request for pre-proposals in April of 2021 for approximately $34 million in grants to create and restore natural systems to increase protection for communities from coastal storms, sea- and lake-level changes, inundation, and coastal erosion, while improving habitats for fish and wildlife species. The grant included four priority areas: Community Capacity Building and Planning, Site Assessment and Preliminary Design, Final Design and Permitting, and Restoration and Monitoring. City staff identified this grant as an opportunity to utilize the funding for the priority area Community Capacity Building and Planning to address the need of identifying adaptation pathways to address impacts related to flooding and sea level rise through the development of the Imperial Beach Community Resilience Plan (IBCRP).
As such, City staff submitted a pre-proposal for $250,000 to develop the Imperial Beach Community Resilience Plan and was invited to submit a full proposal in May of 2021. After submitting the full proposal, the City was awarded the $250,000 NCRF Grant.
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The full proposal was for the Imperial Beach Community Resilience Plan Project. Through the project, staff would engage stakeholders and complete extensive data collection to gain a better understanding of the existing constraints, survey the coastal areas, establish a baseline and monitoring program, ensure broad utility of the resilience plan, and build capacity to enable planning of future adaptation projects, strategies and other activities.
The Imperial Beach Community Resilience Plan Project proposed activities are as follows:
Creation of a work plan and outline
Constraints and opportunities analysis
Outreach and Planning Coordination
Development of a draft Imperial Beach Community Resilience Plan o Monitoring Plan
o Implementation Plan
Public Review process
City Council Consideration of Adoption of a Final Plan The resulting plan will guide the City in risk management and mitigation while enhancing surrounding habitats by balancing core community needs with the ecological principles and processes that afford Imperial Beach the best protection over time. Key partners include Imperial Beach residents, Port of San Diego, Tijuana River National Estuarine Research Reserve, US Fish & Wildlife Service, and Scripps Center for Climate Change Impacts and Adaptation.
Pursuant to Imperial Beach Municipal Code (IBMC) Section 3.04.160, the request for qualifications/proposals (RFQ/P) for professional consultant services for the development of the IB CRP was posted on January 25, 2023 and the submittal period came to a close on February 27, 2023. The City received four (4) consultant proposals, and after much consideration by the City’s Selection Committee, it was found that the most qualified consultant team that best met the evaluation criteria to work on the development of the IB CRP would be GHD Inc. As such, the City Council adopted Resolution 2023-22 on April 5, 2023 enabling the City to enter in to a Professional Services Agreement with GHD Inc., as the consultant for the development of the IB CRP.
After contracting with GHD Inc., the project team has spent the past seven months conducting extensive work on the project, completing a Work Plan, collecting baseline data, completing outreach with the community, and identifying potential adaptation strategies based on geography/current conditions and projected future conditions. Provided below is a comprehensive summary listing the activities completed thus far:
Task 1: Work Plan and Outline (includes data collection) Work Plan
The project team has developed a Work Plan (Attachment 3) to guide the team towards project completion. This Work Plan is regularly reviewed and updated incorporating new information and community feedback.
Data Collection
The Project Team has been coordinating with the Port of San Diego for GIS/CAD layer of areas in the City of IB that are leased or managed by the Port. This data was then overlain on Imperial Beach parcels to illustrate the location of revetment in contrast to property boundaries.
Additionally, the Project Team collected Coastal Development Permit data from the California Coastal Commission to better understand the opportunities and constraints of potential sea level rise adaptation strategies. An engineering survey is in process to better understand the baseline conditions along the coast. The survey is a two-step process including aerial photography and an
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on-the-ground survey. The output will give the Project Team a better understanding of existing shoreline protection in relationship to property lines and structures.
Task 2: Constraints and Opportunities Analysis:
After review of the available baseline data for the project, the project team completed a feasibility analysis to identify potential adaptation strategies for specific areas in the City currently impacted by seasonal flooding and forecast to be substantially affected by future sea level rise. These areas are adjacent to the Bayfront, the ocean, and the estuary. For the Bayfront, the Bayshore Bikeway Resiliency Project incorporates a living levee with ecotone slope and flood detention basin adaptation strategies to address existing and future flooding. Development of 100% designs is currently underway. For the areas adjacent to the ocean and the estuary, the feasibility analysis identified opportunities to enhance flood protection at existing beach access areas, street ends, and areas directly adjacent to the estuary. Taking into account the results from the feasibility analysis, the project team has identified potential draft coastal adaptation strategies (Attachment 1). The project team is requesting that the City Council review the potential coastal flooding adaptation strategies and direct the project team to develop concept design plans to be presented to the public for input.
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Segment 2: Potential Living Shoreline and/or Extending Groins Segment 3: Fill gaps in the revetment at access points or elevate existing revetment to adjacent elevation
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Segment 4: (Green) Floodwall on the estuary side of south Seacoast Drive that is adaptable with an elevated boardwalk and (Yellow) Living levee with elevated path adjacent to the Seaside Point Neighborhood
Task 3: Outreach and Planning Coordination
Outreach Preparation and Planning
There are two types of community outreach used in the project:
a. Raise awareness: Online and print marketing disseminated to the community in a format that allows community members to spread the word about the project. i. The Project team has developed a project website, a logo, business cards, and talking points as part of the Awareness campaign. These project marketing materials have been included as Attachment 3.
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b. Workshops, pop-ups, and surveys: Intended to inform and collection information from the community, these may be standalone events or tied to preexisting Imperial Beach community events.
i. So far, the project team has conducted six in person outreach events.
Outreach Events Summary
Surfrider beach cleanup event on June 17th, 2023 in Imperial Beach, project team staff provided a project overview to attendees.
City's National Night Out in Veteran's Park on August 2nd, 2023. The team spoke with approximately 30 individuals. Participants also provided feedback on how the City can be more resilient and how it can thrive. Participants provided feedback on government services, social interactions, economic development, and environmental conditions. The Project team participated in the monthly Farmer's Market in Veteran's Park on August 19th, 2023. The team spoke with approximately 45 individuals. The participants also provided feedback on how the City can be more resilient and how it can thrive. Participants provided feedback on government services, social interactions, economic development, and environmental conditions.
The Project team had a booth for Bike the Bay on Sunday, August 27th at Bikeway Village (see attached Facebook promotion). Similar to the Farmer's Market, the team received feedback from the community on areas for improvement and learned about next steps in the project.
The Project team participated in the Movie in the Park on Friday, September 1st, 2023. The Project team participated in the monthly Farmer's Market in Veteran's Park on September 16th, 2023. The team spoke with approximately 15 individuals. The
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participants provided feedback, although more focused on water quality in the ocean.
Next Steps
Moving forward, the next steps for the project will be to complete additional project outreach with the community, taking the proposed draft coastal adaptation strategies to the Tidelands Advisory Committee and the Design Review Board, complete additional outreach with pop up events, and to complete two formal project workshops. Once the additional feedback is collected from the community, the draft IB CRP will be drafted. This draft will be made available for public review and comment with revisions being made to the IB CRP after the public comment period comes to a close. Once the document is finalized it will be presented to the City Council.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT:
FISCAL YEAR: 22/23 and 23/24
BUDGETED: $250,000
BUDGET AMENDMENT Budget amendment was approved in
August 2022 with Resolution 2022-
57. The amendment increased
expenditures in account 214-1230-
413.2006 (Professional Services) in
the amount of $250,000 using the
project number SP23102-P and
increased revenues in account 214-
0000-334.4002 (Misc/Private
Grants) using the project number
SP23102-REV in the amount of
$250,000 (for the NCRF grant).
ACCOUNT NO(S).: 214-1230-413.2006 and 214-0000-
334.4002
PROJECT NO(S).: SP23102-P and SP23102-REV
FISCAL ANALYSIS: The National Fish and Wildlife
Foundation awarded the City of
Imperial Beach a $250,000 grant.
CURRENT BUDGET: n/a
ANTICIPATED
EXPENDITURE:
$250,000
ATTACHMENTS:
ATT 1 – Draft Potential Coastal Adaptation Strategies
ATT 2 – IB CRP Work Plan
ATT 3 – Marketing Materials
Draft Potential Coastal Adaptation Strategies
Attachment 1
Future coastal hazards and impacts with sea level rise
• 1.7 miles of road potentially subject to coastal erosion from a 100-year wave erosion event • All beach access/oceanfront properties are in existing coastal erosion and coastal flood hazard zones associated with a 100-year wave event
• Existing coastal flooding in Seacoast Drive, 7th St., and Grove Avenue. All struggle to drain water during periods of coincident high tides, heavy rains, or big surf Existing coastal hazards and
impacts
• Nuisance flooding
• Wave overtopping
• Road closures
• Infrastructure damage
Imperial Beach
Existing and Future
Flood Conditions
Sea Level Rise
Projections
Time Horizon
Low Risk Aversion Medium Risk
Aversion
Medium-High
Risk Aversion
66% Probability SLR is between
5% Probability SLR
meets or
exceeds…
0.5% Probability
SLR meets or
exceeds
2030 0.4 0.6 0.7 0.9
2050 0.7 1.2 1.4 2.0
2070 1.1 2.0 2.5 3.6
2100 1.8 3.6 4.5 7.0
State of California goal is
to plan and prepare for:
• 3.5’ by 2050
• 6.0’ by 2100
The Community
Resilience Plan is
evaluating mid-term
solutions that can be
adapted in the longterm.
Feasibility analyses
focused on the four
areas of the City
that currently flood
and are forecasted
to be substantially
impacted flooding
and inundation
from future sea
level rise.
Segment 1
Segment 1
Segment 2
Segment 2
Potential Solution:
Consider extending existing
groins to permitted length.
Potential Solution:
Nature-based solution like the Cardiff
Beach Living Shoreline Project
Segment 3
Segment 3
Potential Solution:
Fill gaps in the revetment at
access points or elevate existing
revetment to adjacent elevation
Segment 4
Segment 4
Potential Solution:
Floodwall on the estuary side of south
Seacoast Drive that is adaptable with
an elevated boardwalk
Segment 4
Potential Solution:
• Living levee with elevated
path
• Ecotone slope
• Pedestrian access ramp
Segment 4
Potential Solution:
Estuary Promenade
with community
connections and
estuary activation.
Promenade serves
multi-benefit as
public access and
flood protection.
IB CRP - Work Plan
Exported on November 27, 2023 1:16:56 PM PST
Attachment 2
The Imperial Beach Community Resilience Plan
would create an adaptation management and
monitoring plan/program that include strategies
to address flooding impacts, encourage naturebased solutions, and adequately addresses the needs of residents that currently experience
flooding are projected to be substantially
impacted by future coastal flooding.
What is resilience?
Resilience is the ability to recover
quickly and to adapt to future
conditions. This can mean improved
emergency communications, forming
closer community bonds, or planning
for disasters.
As a low-lying coastal community that is
bounded by water on three sides, the City of
Imperial Beach is vulnerable to natural hazards
such as coastal flooding that can disrupt the
resident’s daily lives and local business
operations. Flooding may also reduce City
services and impact critical infrastructure.
The State of California encourages cities to
plan and prepare for projected increases in
the impacts from coastal flooding and
inundation.
What does it
mean to thrive?
Planning for a natural disaster also
provides opportunities to make Imperial
Beach better. This can mean more parks,
better transportation, and safe streets.
www.IBCommunityResilience.com
Funding
provided by:
For more
information:
Resilient & Thriving
Source: USGS CoSMoS 3.0
Source: Scripps Institute of Oceanography, 2023
Attachment 3
Government
Needs (Be Resilient) Opportunities (Thrive)
What
makes a
Resilient
and
Thriving….?
INSTRUCTIONS
Apply a sticky note in the
colored squares describing
what you think are the City's
needs and opportunities to
thrive and be resilient
www.IBCommunityResilience.com
Opportunities (Thrive) Needs (Be Resilient)
Community
Economy Environment Needs (Be Resilient) Opportunities (Thrive) Opportunities (Thrive) Needs (Be Resilient)
Where
should we
focus our
efforts?
INSTRUCTIONS
Apply a sticky note on
the map describing
what improvements
you think will make an
area thrive and be
more resilient
www.IBCommunityResilience.com
www.IBCommunityResilience.com
Imperial Beach
COMMUNITY
RESILIENCE PLAN
CITY OF IMPERIAL BEACH
www.imperialbeachca.gov/541/Long-Range-Planning Page 337 of 390
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December 6, 2023
ITEM TITLE: DISCUSSION OF 2024 SUN AND SEA EVENT. (1040-10) ORIGINATING DEPARTMENT:
City Manager
EXECUTIVE SUMMARY:
Staff is requesting direction for facilitation of the Sun & Sea/sand sculpture event.
RECOMMENDATION:
Staff recommends that the City Council provide direction to staff regarding the Sun and Sea event proposed to be held in August 2024.
OPTIONS:
Provide direction to staff related to the Sun and Sea event Request additional information and an additional report BACKGROUND/ANALYSIS:
The Sun and Sea Festival began in 1960 as a tribute to the incorporation of the City of Imperial Beach and continued successfully for decades and was the featured site of the U.S. Open Sand Castle Competition beginning in 1980 and continuing until 2011. The scope of the event changed throughout the years and most recently the Sun and Sea Festival included a monument sand sculpture, smaller sand sculptures, live music in Pier Plaza, and the Kids N’ Kastles family activity at Dunes Park.
For various reasons, the event was not held in 2023. At the May 5, 2023 City Council meeting the City Council discussed the matter with the event coordinator and requested a follow-up discussion later in the year when it could be identified what City resources would be requested to hold the event in 2024.
The event coordinators met with City staff and submitted a special event application for the Sun and Sea Event to occur in Pier Plaza on August 17, 2024, with event setup beginning on August 16, 2024 (see Attachments 1 and 2). The application proposes a sandcastle competition, monument castle, stage for live entertainment (amplified music and announcements), vendors with 50 pop-up canopies, street closure along Seacoast Drive between Elder Avenue to Date Avenue, trash and recycling containers, and portable restrooms. Smaller sandcastle activities for children may occur in the Dunes Park area, though no significant setup is anticipated for that area.
The event coordinators are requesting the City provide the following:
In-kind staffing and City fee waivers (approximately $15,000-$20,000)
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o Setup and cleanup
Utility connections
Sand preparation with loader
Restroom opening/supplies
Trash pick-up
o Road closure staffing
No parking signs
Traffic control setup
Bollard placement
Barricade placement
Set-up, take-down, man intersections
o City Fee and Inspection Waivers
Application processing fee
Safety inspection fee (Fire and Building inspections) Sound amplification fee
Cleaning fee
Reserved parking fee
Closed road fee
Insurance (approximately $4,000)
Safety/Sheriff (approximately $10,000)
Event coordinators would be responsible for obtaining funding and sponsorships for all other costs associated with sandcastle competitors, monument sandcastle, vendor management and associated health permits, entertainment, production, equipment, lighting, fencing, advertising, and volunteer work. In addition, event coordinators have stated that any costs incurred beyond those specifically requested of the City would be entirely paid for by the event coordinators. This would allow the City to budget for expenditures.
There have also been inquiries about when fireworks would be provided in 2024. In recent years fireworks have occurred on July 4, though in past years fireworks were at times provided during the Sun & Sea (U.S. Open Sand Castle Competition) event. Staff is analyzing the financial and permitting impacts associated with providing fireworks on July 4 compared to alternative dates and will provide additional information at the City Council meeting.
Staff requests direction from the City Council related to the requests from the Sun and Sea event coordinators.
ENVIRONMENTAL DETERMINATION:
This discussion is not a project as defined by CEQA.
FISCAL IMPACT:
Costs associated with event operations are not budgeted and would come from the General Fund.
ATTACHMENTS:
ATT 1 – Form Submission Sun and Sea 2024
ATT 2 – Sun and Sea Activation Map 2024
Submission ID: d6c464d6-94ef-4ca1-85ed-01c3e3a8c418 Page 1/6 Special Event Permit Application
10/04/2023 5:29 PM (PDT)
Special Event Permit Application
Have you reviewed and agree to
adhere to the Special Event
Policies and Procedures to
ensure compliance for the
duration of your event?
Yes
Reminder: Special event applications are due at least 90 days in advance.
Will this event application be submitted at least 90 days before the event? Yes
Event Name Sun & Sea Festival
Event Date 08/17/2024
Is your event setup date different
than your event date?
Yes
Event Setup Date 08/16/2024
Do you have more than one setup date? Yes
Additional Setup Dates
i. Setup Date & Time
8-15-2024 Sand delivery
Event Setup Time 2:00 PM (PDT)
Event Start Time 10:00 AM (PDT)
Event End Time 5:00 PM (PDT)
What time will you leave the
event venue?
9:00 PM (PDT)
Contact Information
Attachment 1
Submission ID: d6c464d6-94ef-4ca1-85ed-01c3e3a8c418 Page 2/6 Organization Sun & Sea Festival LLC
Contact Name Don Brennan
Address 923 Seacoast Dr Imperial Beach, CA 91932
Phone Number 619-279-6974
Email [email protected]
Event Day Contact Information
Event Day Contact Don Brennan
Event Day Cell Phone # 619-279-6974
Event Day Contact Email [email protected]
Event Description Sand Castle competition, Monument Castle, Entertainment, Venders, Event Location Port wood plaza, Sea Coast drive
Estimated Attendance 20000
Estimated Staff/Volunteers 30
Do you have an Imperial Beach Business License? Yes
Have you visited businesses with the Business Verification Form for signatures and provided a notice letter for your event to residents? No Residents and surrounding businesses must be informed of impact at least 10 days prior to event. If there are road closures residents and businesses need to be informed of alternate routes.
Staff Support Request Electrical Connections
Beach Preparation
Restrooms Opened Early
Seacoast Drive Bollards
Details of Beach Preparation
Requested
Skip loader, fencing, no park signs, Trash, Electrical, Event Elements Pop-up Canopies
Booth Vendors
Food Vending
Open Flames/Fires
Generator
Street Closure
Reserved Parking Areas
Booth Vendors
Submission ID: d6c464d6-94ef-4ca1-85ed-01c3e3a8c418 Page 3/6 Food Vending
Food and drink vendors are not allowed at Pier Plaza.
San Diego County Temporary Food Permits Required.
Any vendors selling cannabis items are strictly prohibited.
Reservation of the Pier Plaza parking lot is required if vendors will be present at your event, additional fees apply.
Please be sure to submit a final vendor form at least two weeks prior to your event.
Will your vendors be cooking onsite? Yes
Quantity of Canopies 50
Size of Canopies 10 x 10 & 20 x 10
Will items or services sold at your
event present unique liability
issues? (e.g. body piercing,
massage, etc.) Please explain:
No
Sanitation and Recycling Information
Applicants are responsible for leaving the venue clean with no trash, or empty boxes left behind. A fee will be incurred if the area is not left in good condition. You are required to provide portable restrooms at your event unless you can substantiate the sufficient availability of ADA accessible and non-accessible facilities in the immediate area of the event which will be available to the public during the event. *Applicant must be onsite for all deliveries and pickups.
Trash & Recycling
# Trash Cans 30
# Recycling Containers 30
Delivery Date & Time 08/16/2024 6:00 AM (PDT)
Pickup Date & Time 08/19/2024 12:00 PM (PDT)
Portable Restrooms, Handwashing Stations, & 3-Compartment Sinks # Standard Portables 16
# ADA Portables 5
Delivery Date 08/16/2024
Pickup Date 08/18/2024
# of 3-Compartment Sinks 3
# of Handwashing Stations 16
Submission ID: d6c464d6-94ef-4ca1-85ed-01c3e3a8c418 Page 4/6 Delivery Date 08/16/2024
Pick-up Date 08/18/2024
Traffic and Parking Plan
Traffic and Parking Plan Road Closure
Reserve Pier Plaza Green Zone
Reserve Pier Plaza Private Parking Lot
Road closures require a contract for services with the San Diego County Sheriff Department. Staffing costs are determined by the San Diego County Sheriff Department.
Pier Plaza Parking Lot
Required for vendors additional fees apply.
Shuttle Plan No
Any traffic control equipment and personnel will be the responsibility of the applicant to acquire, maintain, and remove. Signage is required to be placed 72 hours prior to event.
All events in Pier Plaza require licensed security at designated areas for parking management.
Medical Plan
Events that involve competitions/fitness, high risk activity, or with an estimated attendance of 1000 or more people as indicated above must provide licensed medical services at the event. If you plan to use City public safety resources (Fire-Rescue or Lifeguards) additional fees will apply.
Will you be using City public safety resources? No
City public safety is required to maintain a high level of service to the community at all times. Events that require services beyond what the City can provide while still maintaining a high level of service to the community will need to contract with other public safety agencies.
Electricity
If you plan to use electricity, please use a licensed electrician to ensure the correct equipment is being utilized. We will not provide electricity to events if it is raining for the safety of participants and attendees. The City of Imperial Beach does not guarantee the reliability of electrical power in public spaces, therefore it is recommended applicants provide alternative sources should failure occur.
Alcohol
We strive to keep events in our community in line with our mission of a family friendly, classic southern California beach atmosphere, and do not permit designated alcohol areas for events in Pier Plaza. We bring events into the community that support our local businesses, so if you wish to have alcohol as part of your event please use one of our local establishments. If you desire to apply for approval, please submit an ABC 221 form for review by San Diego County Sheriff and the City Manager. If approved, licensed security and a San Diego County Sheriff contract are required.
You will need to provide the approved ABC permit a Special Event Permit will be issued.
Will you have alcohol at your event? No
Submission ID: d6c464d6-94ef-4ca1-85ed-01c3e3a8c418 Page 5/6 Amplified Sound
The City of Imperial Beach discourages the use of amplified sound for special events, unless deemed necessary.
Are you requesting amplified sound? Yes
Please explain why amplified
sound is necessary for your
event:
Bands and announcements from the plaza stage.
Are you requesting any fee
waivers or in-kind staff support
for your event?
Yes
Please select all requested
waivable fees
Application Processing Fee
Safety Inspection
Sound Amplification Fee
Cleaning Fee
Reserved Parking Fee
Closed Road Fee
Please select all in-kind staff
support requested
Utility Setup
Bollard Placement (Only available on Seacoast)
Any additional in-kind staff
support requested not listed
above?
We are still planning the event so elements of the permit may change along the way.
Special Requests
Do you have special requests not specified on the application? No Additional documents and permits may be required to supplement your application. Staff will contact you with a list of additional requirements upon reviewing your application.
Upload Layout Map File(s) attached:
Sun & Sea Activitation Map and supporting docs 2024.pdf
Submission ID: d6c464d6-94ef-4ca1-85ed-01c3e3a8c418 Page 6/6 By signing this application, I agree that I have reviewed the Special Event Rules and Regulations of the City of Imperial Beach, and I will comply with the Special Event regulations.
I, the undersigned, hereby certify and declare under penalty of perjury, that to the best of my knowledge and belief, the information contained in this application is truthful, correct and complete.
I, the undersigned, hereby certify and declare under penalty of perjury, that I will not conduct business activity in violation of any Federal, State, or local laws.
I, the undersigned, further agree and recognize that I am solely responsible and liable for obeying all Federal, State, local laws and my business shall be maintained and operated in accordance with the requirements of all Federal, State, and local laws.
I, the undersigned APPLICANT shall defend (with legal counsel chosen by CITY), indemnify, and hold harmless the CITY from and against any and all claims, damages, demands, suits and/or proceedings of any kind brought by anyone challenging the validity and/or legality of this permit.
I, the undersigned APPLICANT shall defend (with legal counsel chosen by CITY), indemnify, and hold harmless the CITY from and against any and all liability whatsoever that relates in any way to my business that is the subject of this permit and/or arising out of the acts or omissions of APPLICANT in the operation of the business that is the subject of this permit.
I, the undersigned APPLICANT shall pay all costs of defense, including but not limited to, attorneys' fees and costs, City Staff time, and City Attorney time.
Applicant Full Name Sun & Sea LLC
Applicant Signature
Signature Date 10/04/2023
Reserved Parking
Event Activation area
Sun & Sea 2024
Activation Map Monument Castle
Competition
Attachment 2
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December 6, 2023
ITEM TITLE: DESIGNATION OF MAYORAL AND CITY COUNCIL ASSIGNMENTS REQUIRING ELECTED OFFICIAL REPRESENTATION FOR 2024 (0410-50).
ORIGINATING DEPARTMENT:
City Clerk
EXECUTIVE SUMMARY:
In accordance with the Imperial Beach Municipal Code, the Mayor will represent the City in all regional public agencies which require an elected official unless otherwise determined by the City Council. Each year, the Mayor, in consultation with members of the City Council, reviews the need for representation by elected officials for various intergovernmental and other regional organizations. The Mayor and assigned Councilmembers attend the various meetings, seek input on key issues, and report relevant information to the full membership of the City Council at regular meetings of the City Council. The Mayor has communicated with members of the City Council and staff has prepared a list of the proposed assignments for consideration.
RECOMMENDATION:
Staff recommends that the City Council consider the proposal of the Mayor for City Council assignments for 2024.
OPTIONS:
Approve the proposal of the Mayor for City Council assignments for 2024. Discuss alternative assignments and approval modifications to the proposal. Request additional information and an additional report (this action could impact representation at one or more of the regional organizations until the assignment is complete).
BACKGROUND/ANALYSIS:
The Imperial Beach Municipal Code (IBMC) contains the process for establishing representation of elected officials to represent the City at various regional and local boards and organizations. In accordance with Section 2.08.030.D of the IBMC, the Mayor will “represent the City in all regional public agencies which require an elected City Official, unless otherwise determined by the City Council.” Each year the assignment list is reviewed by the Mayor, and in consultation with the members of the City Council, the assignments are designated. Considerations include availability of time, expertise with the subject matter, personal interests, and similar concerns.
Mayor Aguirre has proposed City Council assignments as indicated on Attachment 1. Approval of the 2024 City Council assignments will allow the intergovernmental, regional and local organizations to prepare for their regular meetings and other business.
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ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT:
There is no fiscal impact associated with this report.
ATTACHMENTS:
ATT 1 - City Council Representation Assignments for 2024_DRAFT
2024 CITY OF IMPERIAL BEACH Attachment 1
CITY COUNCIL REPRESENTATION ASSIGNMENTS
To be considered by City Council on 12/06/2023 Page 1 of 2 SOUTH BAY MAYORS AND CITY MANAGERS COMMITTEE:
National City, Chula Vista, Coronado, and San Diego meet to discuss mutual concerns relating to South Bay.
Primary - Mayor Aguirre
1st Alternate – Mayor Pro Tem Leyba-Gonzalez McKay*
*City Council to consider Mayor Pro Tem Rotation at their meeting of 01/17/24 Contact: Natalie Flores, Executive Secretary for City
Manager and Cynthia Kaui, Executive Secretary
for Mayor & City Council
276 Fourth Avenue
Chula Vista, CA 91910
[email protected] (619) 691-5070
[email protected] (619) 920-6380
Location: Location rotates between the four cities.
Meetings: Quarterly by the host city at 12:00 p.m. on the third Monday of the month.
SD DIVISION, CAL CITIES:
A coalition of California cities meeting on issues of statewide concern.
Primary – Councilmember Seabury
1st Alternate – Councilmember McKay
Contact: Catherine Hill, Regional Public Affairs Manager San Diego Imperial Division
Cal Cities
PO Box 82081
San Diego, CA 92138-2081
(619) 733-1751
[email protected]
Location: Four Points Sheraton
8110 Aero Drive
San Diego, CA 92123
Meetings: Dates TBD
SD DIVISION, CAL CITIES – LEGISLATIVE SUB-COMMITTEE:
A coalition of San Diego County cities that reviews and provides direction to the San Diego Division membership on bills pending before the Legislature.
Primary – Councilmember McKay
1st Alternate – Vacant
Contact: Catherine Hill, Regional Public Affairs Manager San Diego Imperial Division
Cal Cities
PO Box 82081
San Diego, CA 92138-2081
(619) 733-1751
[email protected]
Location: Four Points Sheraton
8110 Aero Drive
San Diego, CA 92123
Meetings: Not meeting regularly but on call of the Division President periodically.
CAL CITIES - COASTAL CITIES INTEREST GROUP
A coalition of California cities meeting on statewide coastal issues.
Primary – Councilmember McKay
1st Alternate – Councilmember Seabury
Contact: Melissa Sparks-Kranz, Legislative Affairs, Lobbyist Cal Cities
1400 K Street, 4th Floor
Sacramento, CA 95814
[email protected]
(916) 658-8232
Location: TBD - Conference calls and virtual meetings;
periodic in person meetings at conferences.
Meetings: TBD
METROPOLITAN TRANSIT SYSTEMS BOARD: Public transportation issues.
Primary – Mayor Pro Tempore Leyba-Gonzalez
1st Alternate – Mayor Aguirre
Contact: Dalia Gonzalez, Executive Assistant and Clerk of the Board
O: (619) 398-9561 C: (619) 288-9293
[email protected]
Location: 1255 Imperial Ave., Ste. 1000
San Diego, CA 92101-7490
Meetings: The Board of Directors meetings generally occur on the 1st and 2nd Thursdays of each month at 9:00
a.m. $150/meeting
SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) BOARD:
The regional council of governments, which fosters cooperation on solving regional issues, such as transportation.
Primary – Councilmember Fisher
1st Alternate – Councilmember McKay
2nd Alternate – Mayor Pro-Tem Leyba-Gonzalez
Contact: Tessa Lero, Clerk of the Board and Francesca
Webb, Deputy Clerk of the Board
Tessa Lero Cell:(619) 405-9334
Francesca Webb O: (619) 699-1985
(C): (619) 977-9294
[email protected]
Location: 401 B Street, Ste. 800
San Diego, CA 92101
FAX: (619) 699-1995
Meetings: 2nd Friday of each month at 10:00 a.m.and 4th Friday of each month from 9:00 a.m. to 12:00 p.m.
(Except Nov and Dec which is on the 1st and 3rd
Fridays due to holiday schedule).
$150 Board meeting/$100 Regional Transportation Commission – held simultaneously with the SANDAG Board.
$100 Policy Advisory Committee (Appointments made by each sub-region) $100 meetings attended on behalf of SANDAG within San Diego County and $150 meetings attended on behalf of SANDAG outside San Diego County including per diem
2024 CITY OF IMPERIAL BEACH Attachment 1
CITY COUNCIL REPRESENTATION ASSIGNMENTS
To be considered by City Council on 12/06/2023 Page 2 of 2 SANDAG – SHORELINE PRESERVATION WORKING GROUP:
To advise SANDAG on issues related to the adopted Shoreline Preservation Strategy and opportunities for beach replenishment.
Primary – Mayor Aguirre Councilmember McKay
1st Alternate – Councilmember McKay Mayor Aguirre
Contact: Courtney Becker
(619) 699-6942
[email protected]
Location: 401 B Street, Ste. 800
San Diego, CA 92101
Meetings: Generally, meets quarterly on the first Thursday of the month from 11:30 a.m. to 1:30 p.m.
SANDAG – BAYSHORE BIKEWAY MOBILITY WORKING GROUP:
Purpose is to promote improvements to the 26-mile bikeway around San Diego Bay.
Primary – Councilmember Seabury
Alternate – Vacant
Contact: Josh Clark
(619) 699-6906
[email protected]
Location: 401 B Street, Ste. 800
San Diego, CA 92101
Meetings: TBD – Meets on an as needed basis
CHAMBER OF COMMERCE LIAISON:
Primary – Councilmember Seabury Mayor Aguirre
1st Alternate – Councilmember Fisher Seabury
Contact: Martin Mattes, President
[email protected]
Location: PO Box 506
Imperial Beach, CA 91933
Meetings: 4th Monday of each month at 5:00 p.m. except
November & December
METRO WASTEWATER COMMISSION/JPA:
Oversees the sewage system for the San Diego area and makes decisions regarding financial expenditures relating to the sewage system. Representative also serves on SANDIST (San Diego Area Wastewater Management District).
Primary – Councilmember McKay
Alternate – Councilmember Fisher
Contact: Lori Anne Peoples, Secretary to Metro JPA
City of Chula Vista
(619) 548-2934 (cell) [email protected]
Location: 9192 Topaz Way (PUD MOC II) Auditorium, San
Diego, CA Mailing address P.O. Box 1072,
National City, CA 91951
Meetings: 1st Thursday of each month 12:00 p.m. - 1:30 p.m. $150/meeting
JOB CORPS LIAISON: Community Relations Council
Primary – Mayor Pro Tem Leyba-Gonzalez
Alternate – Councilmember Fisher
Contact: Brian Fischbach, Center Director
(619) 429-2300
[email protected]
Location: 1325 Iris Ave., Building 60
Imperial Beach, CA 91932
Meetings: Once every quarter (notified in advance) at 11:30 a.m.
SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL (SCEDC):
To encourage private investment in the South San Diego County region as well as to promote the cultural, educational, social, and geographic opportunities of the area.
Primary –Councilmember Fisher Mayor Aguirre
1st Alternate – Councilmember Seabury
Contact: James O'Callaghan, President & CEO
(619) 424-5143
[email protected]
Location: South County Economic Development Council
780 Bay Blvd., Ste. 204
Chula Vista, CA 91910
Meetings: 1st Tuesday of each month
Networking - 7:30 a.m., Meeting – 8:00 a.m.
SAN DIEGO COMMUNITY POWER JPA:
To purchase power for the JPA communities that is price competitive and with a larger percentage of the power generated from renewable resource.
Primary – Mayor Aguirre
1st Alternate – Councilmember Fisher
Contact: Kimberly Isley, Executive Assistant to CEO Clerk of the Board
[email protected]
C: (619) 550-8373
Location: San Diego Community Power
815 E Street, Suite 12716
San Diego, CA 92112
Meetings: 4th Thursday of every month at 5:00 p.m.
$150 Board meeting/$150 Finance & Risk
Management meetings
Local Campaign Finance Ad Hoc Sub-Committee
Mayor Aguirre
Councilmember McKay
Cannabis Regulations Ad Hoc Sub-Committee
Mayor Pro Tem Leyba Gonzalez
Councilmember Seabury
P a g e | 1
December 6, 2023
ITEM TITLE: CONSIDERATION OF RESOLUTION NO. 2023-112 ADOPTING AMENDMENTS TO THE CITY OF IMPERIAL BEACH CITY COUNCIL POLICIES. (0410-95) ORIGINATING DEPARTMENT:
City Manager
EXECUTIVE SUMMARY:
On November 3, 2021, the Imperial Beach City Council approved Resolution 2021-72, adopting policies and procedures for the elected officials for the City of Imperial Beach. Following the appointment process for various advisory boards in March 2023, the City Council directed staff to draft amendments to the City Council Policies to clarify language related to advisory body appointment procedures. Resolution No. 2023-112 represents amendments to the City Council policies pertaining to advisory body appointment procedures and other minor clerical modifications.
RECOMMENDATION:
Staff recommends adoption of Resolution No. 2023-112, approving amendments to the City of Imperial Beach City Council Policies.
OPTIONS:
Adopt Resolution No. 2023-112, approving amendments to the City of Imperial Beach City Council Policies
Modify and adopt Resolution No. 2023-112, approving amendments to the City of Imperial Beach City Council Policies per Council direction
Provide specific direction to the City Manager for an alternative action Deny Resolution No. 2023-112
BACKGROUND/ANALYSIS:
On November 3, 2021, the Imperial Beach City Council approved Resolution No. 2021-72, adopting policies and procedures for the elected officials for the City of Imperial Beach. Following the appointment process for various advisory boards in March 2023, the City Council directed staff to draft amendments to the City Council Policies to clarify language related to advisory body appointment procedures.
The proposed amendments to the City of Imperial Beach City Council Policies can be found in Attachment 2 of this staff report. The majority of the amendments are provided in Section 2.6, Appointment of Advisory Bodies, which read as follows (underline is proposed new language, strike-through would be removed):
P a g e | 2
“1. When a new advisory board, committee, or commission is created by the City Council, or an opening occurs on an existing advisory a board, committee, or commission through the expiration of an appointment term or other unplanned vacancy, the City Clerk will notify the entire City Council. The City Clerk will then advertise said the vacancies as required by State law or the IBMC to seek new candidates through an advertisement in a local newspaper(s), posting the vacancy on the City’s website, and through other appropriate means of communication. After the application deadline passes, the City Clerk will gather the applications and present the applications to the Mayor.
2. If there is more than double the number of applications than open positions, the Mayor will form a two-member subcommittee to review all the applications and interview all the qualified potential candidates. Qualifications will be based on special expertise relevant to serve the committee of which they are applying; expertise may include educational background, knowledge of local issues, civic engagement, and other pertinent factors. The subcommittee, which will consist of the Mayor and current Mayor Pro Tempore, will present the applications of all applicants to the full City Council together with a recommendation of candidates to advance in the process not to exceed more than double the number of open positions. In other words, if there are two (2) openings and eight (8) candidates, the subcommittee will recommend up to four (4) candidates to advance in the selection process.”
The proposed amendments clarify the procedure for appointing advisory board members by defining the subcommittee as the Mayor and Mayor Pro-Tempore and providing more information related to the application review process. The remaining amendments found in Attachment 2 are clerical modifications. If adopted, the City of Imperial Beach City Council Polices reflected in Resolution 2023-112 would supersede the policies previously approved in Resolution 2021-72.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT:
None
ATTACHMENTS:
ATT 1 - Resolution 2023-112
ATT 2 - Exhibit A to Reso. No. 2023-112 - City Council Policies - 12-6-23 DRAFT
ATTACHMENT 1
RESOLUTION NO. 2023-112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA,
APPROVING AMENDMENTS TO THE CITY OF IMPERIAL BEACH CITY COUNCIL POLICIES WHEREAS, the City Council adopted Resolution No. 2021-72, City of Imperial Beach City Council Policies, on November 2, 2021; and
WHEREAS, following appointments of advisory bodies in March 2023, the City Council directed staff to draft amendments to the City of Imperial Beach City Council Policies related to the advisory body appointment procedures; and
WHEREAS, Exhibit A attached to this Resolution incorporates the pertinent amendments to the City of Imperial Beach City Council Policies related to advisory body appointment procedures and other minor clerical modifications.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach as follows:
1. The above-listed recitals are true and correct and hereby incorporated as findings.
2. The City Council hereby adopts the amendments to City of Imperial Beach City Council Policies attached hereto as Exhibit A to this Resolution, which supersedes the policies previously approved in Resolution 2021-72.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 6
th day of December 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
PALOMA AGUIRRE, MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
EXHIBIT A to
Resolution No. 2023-112
City of Imperial Beach City Council Policies
Adopted on 12/6/23
Exhibit A to Resolution No. 2023-112
Attachment 2
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Table of Contents
Purpose .........................................................................................................................................................4
1.1 Regular Meetings ...............................................................................................................................5
1.2 Regular Closed (Executive) Session Meetings...................................................................................5
1.3 Study or Work Session Meetings.......................................................................................................6
1.4 Special Meetings ................................................................................................................................6
1.5 Emergency Meetings..........................................................................................................................7
1.6 Use of City Facilities for City Council Meetings.................................................................................7
1.7 Agenda................................................................................................................................................7
1.8 Order of Items on the Agenda ...........................................................................................................7
1.9 Placement of Items on the Agenda ...................................................................................................8
1.10 Addition of Last-Minute Items to the Agenda ..............................................................................10
1.11 Finalizing the Agenda .....................................................................................................................10
1.12 Reconsideration of Items Previously Acted Upon.........................................................................10
1.13 City Councilmembers Entitled to Briefings on Agenda Items.......................................................10
1.14 City Council Meeting Format and Decorum ..................................................................................11
1.15 Presiding Officer.............................................................................................................................11
1.16 Seating Assignments......................................................................................................................12
1.17 Meeting Quorum............................................................................................................................12
1.18 Procedures for Processing an Item on the Agenda.......................................................................12
1.19 Public Comment and Participation................................................................................................14
1.20 Voting Procedures..........................................................................................................................15 Chapter 2 ROLES AND RESPONSIBILITIES....................................................................................................17
2.1 The Role and Responsibilities of the Mayor....................................................................................17
2.2 The Role and Responsibilities of the Mayor Pro Tempore .............................................................17
2.3 Members of the City Council (to include the Mayor) .....................................................................18
2.4 Councilmember Expectations..........................................................................................................20
2.5 City Council Staff Appointments......................................................................................................20
2.6 Appointment of Advisory Bodies.....................................................................................................21
2.7 Relationship between City Council and City Manager....................................................................22
2.8 Role and Responsibilities of the City Manager ...............................................................................22
2.9 Relationship with and Role of City Attorney...................................................................................23
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2.10 Role and Responsibility of Staff.....................................................................................................23 Chapter 3 CITY COUNCIL ADMINISTRATIVE ISSUES.....................................................................................25
3.1 Training and Expectations for Conflicts of Interest, Ethics and Sexual Harassment .....................25
3.2 City Council Districts.........................................................................................................................26
3.3 Financial Matters..............................................................................................................................27
3.4 City Council Travel Policy .................................................................................................................29 Chapter 4 COUNCIL AND STAFF RELATIONSHIPS AND CONDUCT...............................................................33
4.1 Dissemination of Information..........................................................................................................33
4.2 Direction to Staff..............................................................................................................................33
4.3 No Interference by Individual Councilmembers.............................................................................34
4.4 City Council Censure.........................................................................................................................34
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IMPERIAL BEACH CITY COUNCIL POLICIES AND PROCEDURES
Purpose
The City of Imperial Beach is a general law city in the State of California. In accordance with California law, the authority of a general law city is limited to the authority granted by the general laws adopted by the State Legislature pertaining to the organization and operation of a municipality together with the police power (the right of the City to make laws governing health, safety, morals and welfare for the benefit of the community) granted in the State Constitution. These policies and procedures have been adopted to ensure the actions of the City Council are consistent with the laws of California and to establish good order, predictability, fair access to local government and most of all, accountability.
The City of Imperial Beach operates within a traditional Council-Manager form of government with a Mayor elected at large and four additional members of the City Council elected by district beginning in 2020. Each elected official serves a four-year term. The terms of City Councilmembers are staggered so that two members of the Council are elected in one cycle, and two members and the Mayor are elected two years following. The Council acts as a body, with no single member possessing any more power or authority than any other member. This form of government identifies the role of the City Council is to adopt legislative policies that enact local laws and regulations to improve the community and establish public policy and to give direction to the City Manager to administer the affairs of the City in a businesslike and prudent manner.
In 1969, the City Council adopted a code of conduct for members of the City Council. Those ideals remain true today for current and future elected officials in Imperial Beach. The policies (updated with minimal modifications):
• Provide a standard of values, responsibility, and personal conduct; • Can improve the public image of the City and the City Council; • Establish the expectation that every elected official will act in a manner that preserves public confidence in, and respect for, the City of Imperial Beach; • Ensure decisions and policies are made using the proper process; and • Ensure the elected officials do not use their office for personal gain or to avoid civic or legal responsibilities.
The provisions of these policies and procedures apply to all elected officials of the City of Imperial Beach.
For the purposes of this document the use of the words “City Council” or “Council” shall mean the Imperial Beach City Council. The words “City Councilmember” or “Councilmember” shall mean a singular member of the Imperial Beach City Council and may include the Mayor when acting in the role of a City Councilmember. The word “Mayor” shall mean the Mayor of Imperial Beach. The words “Mayor Pro Tempore” shall mean the Mayor Pro Tempore of Imperial Beach. The Imperial Beach Municipal Code may be referred to as “IBMC.”
The contents of these policies are intended to be consistent with California State law and the IBMC, specifically Chapter 2.12. In the instance of a conflict, the provisions of State law and IBMC, shall prevail over these policies.
Page | 5
Chapter 1 PUBLIC MEETING GUIDELINES, POLICIES & PROCEDURES The City Council of Imperial Beach shall meet as necessary to fulfill the duties and responsibilities for which they were elected. This section provides guidelines, policies, procedures and rules of conduct that will allow the City Council to conduct efficient meetings, communicate effectively with the public, and provide clear direction of policy to staff for implementation.
All meetings of the City Council are subject to the Ralph M. Brown Act. A majority of the City Council shall not, outside a properly noticed meeting, use a series of communications to discuss, deliberate, or act on any item of business that is within the subject matter jurisdiction of the City Council acting in its legislative authority. This does not prevent an employee from engaging in separate conversations or communications outside of a meeting authorized in order to answer questions or provide information allowing a member of the City Council to make a well-informed decision. Exceptions to these communications are specified in State law and include attendance of a majority of the members of the City Council at a conference or similar gathering open to the public that involves discussion of items of general interest to the City provided the members do not discuss any issues among themselves other than items that are part of the scheduled program; attendance of a majority of the City Council at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the City provided the members do not discuss items other than the items on the scheduled program; attendance of a majority of the City Council at a purely social or ceremonial occasion provided that the members do not discuss City related items.
1.1 Regular Meetings
The City Council has identified the first and third Wednesday of each month, beginning at 6:00 p.m., as the regular meeting time of the City Council unless the City Council adopts a Resolution stating otherwise.
Except as otherwise provided by law, all meetings of the Council shall be open to the public and conducted in the City Council Chambers of City Hall located at 825 Imperial Beach Blvd. Imperial Beach, CA 91932.
The time, location or other specifics of a regular meeting may, on occasion, be modified by a majority vote of the City Council via a Resolution or Ordinance to accommodate the needs of the community. The Resolution will also provide the process for cancelation of a meeting by the City Clerk, upon consultation with the City Manager, if it is determined that a meeting is not necessary to communicate with the public, act upon an application, resolution or ordinance, or to provide direction to staff. Any modification or cancelation of a regular meeting shall satisfy the provisions of State law.
Regular meetings of the City Council, including closed or executive sessions, shall be adjourned no later than 10:00 p.m. unless a majority of the City Council moves to extend the meeting. If the business on the agenda has not been completed, the balance of the items will be automatically continued to the next regular meeting of the City Council.
1.2 Regular Closed (Executive) Session Meetings
When deemed necessary, legal, and appropriate, regular closed session meetings of the City Council shall be held in conjunction with and on the same day as the Regular Meeting of the City Council. Items discussed in closed sessions must satisfy the provisions of State law. Closed session meetings shall only be attended by eligible members of the City Council and members of staff determined to be essential to provide the City Council with information about the subject matter. No member of the City Council,
Page | 6
employee of the City, or anyone else present shall disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by the Council, or as otherwise required by law.
Closed sessions of the City Council are limited to those matters allowed pursuant to State law which currently include, but are not necessarily limited to, the following discussion items:
1. The purchase, sale, exchange or lease of real property by the City.
2. Litigation pending or a significant exposure to litigation, or the decision to initiate litigation.
3. Employee compensation and negotiations.
4. The appointment, employment, evaluation of performance, or dismissal, of a public employee, or to hear complaint against the employee.
Unauthorized disclosures of confidential information obtained in a closed session cause harm to the City by compromising the City’s negotiating positions, diminishing the willingness to communicate fully and frankly, and exposing the City to unwarranted litigation risks and significant damages awards against the City. Confidential Information does not include information that is: required by law to be reported out of closed session, authorized to be disclosed by a majority vote of the City Council, or otherwise authorized to be disclosed under the law. Any Councilmember disclosing or causing to be disclosed confidential information to any unauthorized person may be subject to public censure by the City Council and any legal remedies allowed by law.
Any legally reportable action taken in closed session will be reported as required by State law.
1.3 Study or Work Session Meetings
When deemed necessary, a majority of the City Council may authorize a study or work session to allow informal discussions between staff, advisory bodies, consultants, the public, and the City Council regarding specific programs, projects, or policies. At a study or work session, the City Council may provide direction, but no formal action will be taken. Study Sessions may be conducted in a variety of formats, including workshops as the matter may dictate. The time and location of a study or work session will be determined by a majority vote of the City Council. A study or work session will be noticed consistent with the provisions of State law, including public notification at least 24 hours in advance of the meeting. The study or work session meeting notice will be posted on the City’s website. The notice will specify the time and place of the study or work session meeting. At all study or work session meetings, public comment is allowed as required by State law.
1.4 Special Meetings
In accordance with State law, special meetings may be called by the Mayor or a majority of the City Council. The date, time and location of the special meeting shall be determined by the Mayor or a majority of the City Council. All special meetings shall be open to the public and held within the City of Imperial Beach. All notice requirements of the Brown Act are applicable and regular minutes shall be taken by the City Clerk that will be available for public inspection.
The City Clerk will prepare a notice for a special meeting, providing written notice at least 24 hours in advance to each member of the City Council and all parties required, by law, to be notified. The special meeting notice will be posted on the City’s website. The notice will specify the time and place of the
Page | 7
special meeting and the business to be transacted. At all special meetings, public comment is invited during consideration of any item on the agenda.
1.5 Emergency Meetings
The City Council may hold an emergency meeting without providing advance 24‐hour notice when prompt action is necessary involving matters upon which prompt action is necessary as allowed by State law to include, but not limited to the disruption or threatened disruption of public facilities or activities that severely impair public health, safety or both. A local newspaper of general circulation, radio, or television station that has requested notice of an emergency meeting, will be notified at least one hour prior to the emergency meeting.
1.6 Use of City Facilities for City Council Meetings
The City Manager, or designee, is responsible for scheduling the use of the Council Chambers at City Hall and all requests for reservations shall be cleared through the City Manager or designee. Use of the Council Chambers by the City Council, and any board, commission, committee, and other advisory bodies shall take precedence over any non-City group or agency.
1.7 Agenda
The purpose of the agenda is to provide a framework that will allow the City Council meetings to be conducted in an orderly and efficient manner. Most importantly, the agenda allows members of the public to be notified of the items that will be discussed and acted on by the elected officials. In addition to policy items, the agenda includes applications, recommendations to the City Council from advisory bodies, land use and zoning actions or appeals, bid and purchasing procedures, and mandates from other levels of government.
1.8 Order of Items on the Agenda
The order of the agenda items was created with the convenience of the public in mind. Under each category, staff will attempt to arrange the items in a manner that anticipates public attendance and participation. The categories for the Imperial Beach City Council regular meeting agenda are as follows in order:
1. Call to order – the presiding officer (typically the Mayor or the Mayor Pro Tempore in the absence of the Mayor) will call the meeting to order at the appointed time.
2. Roll call – the City Clerk, or designee, will conduct the roll call and note the elected officials participating in the meeting.
3. Pledge of Allegiance – the Mayor will assign a member of the City Council, staff, resident or community group to cite the Pledge of Allegiance.
4. Council Disclosures and Reports on Assignments – each elected official participating in the meeting will provide a concise report on the activities performed on behalf of the City since the last report and provide the members of the public with dates and times of upcoming events.
5. Communications from Staff – the City Manager, or designee, will provide a report on key administrative actions implemented since the last report.
6. Public Comment – the presiding officer will conduct the public comment portion of the meeting by allowing members of the public to speak on any item that is not on the agenda for a limited amount of time, typically three (3) minutes, or as determined by the presiding officer. In accordance with State
Page | 8
law, the City Council cannot 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 – external partners and City staff of the City of Imperial Beach may be given an opportunity to address the City Council to share information for which a vote is not necessary. Also, during this time, the City Council may consider proclamations or certificates of achievement which shall be authorized by a majority vote of the City Council.
8. Consent Agenda – a consent agenda allows the City Council to approve all the items together without discussion or individual motions. The Presiding Officer will call for one motion for consideration of the Consent Agenda. There is no separate discussion of items in the Consent Agenda, unless the item is removed from the Consent Agenda by an action of the City Council. Councilmembers or members of the public may make a comment on any item on the Consent Agenda prior to the Council taking action on the Consent Agenda. Routine matters include items such as minutes, the warrant register, reoccurring items, basic agreements, and similar customary and non-contested matters.
9. Public Hearings – The Presiding Officer will open the Public Hearing, allow a staff presentation, public comment, close the public hearing, and allow City Council deliberation and decisions on matters that require a formal public hearing.
10. Ordinances – the Presiding Officer will allow a staff presentation, public comment, and City Council deliberation and decisions on all Ordinances presented to the City Council.
11. Reports – the Presiding Officer will allow a staff presentation, public comment, and City Council deliberation and decisions on all reports presented to the City Council.
12. Successor Agency Items – The Chair of the Successor Agency will allow a staff presentation, public comment, and Agency Board Member deliberation and decisions on all items presented to the Redevelopment Agency Successor Agency.
13. Items Pulled from the Consent Calendar – if an item from the Consent Agenda was removed from the Consent Calendar by action of the City Council, the item will be discussed at the end of the meeting unless otherwise determined by a majority vote.
14. Councilmember Requests for Future Agenda Items – A member of the City Council may request that an item be placed on a future agenda and provide a general description of the item. No detailed discussion or deliberation may occur about the item at this time. The City Council will solely consider if the item should be placed on a future agenda. At least one additional Councilmember must agree in order to have the item placed on a future agenda.
15. Adjournment – the Presiding Officer shall adjourn the meeting.
16. Closed Session – this is a meeting of the City Council and other essential personnel that is not open to the public.
When deemed necessary and appropriate, the City Council by majority vote may modify the order of the items on the agenda. Reasons for modifying the order of the items include, but are not limited to, out-oftown presenters, consultants, or applicants, items for which a large number of residents attend the meeting, items that would be better discussed in tandem with other items on the agenda, and other similar circumstances.
1.9 Placement of Items on the Agenda
1.9.1 Placement of Items on the Agenda by Staff
Placement of items on the agenda by staff will be limited to operational, business necessity, direction on policy matters, and statutory approvals (applications, agreements, etc.). Staff will work within the policy context established by the City Council and not arbitrarily place matters on the agenda that are
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outside the scope of existing work programs of the City, except as requested by the City Council. All staff items must be first authorized by the City Manager.
1.9.2 Placement of Items on the Agenda by Elected Officials All agenda items submitted by the Mayor or a member of the City Council in this Section must be submitted in a method specified below at least ten (10) days prior to the Council meeting.
A. The Mayor may independently place an item on the Agenda.
B. A Councilmember may request an item be placed on a City Council agenda using one of three methods. Members of the City Council should use caution in this process to avoid any potential violations of the Brown Act. Choosing only one of the methods described below is recommended.
1. Submission of a written request to the Mayor. The written request from a member of the City Council must include:
a. A substantive outline of the information that will be presented to the City Council. b. A clear statement of the specific action being requested of the City Council. c. Staff assistance requested to prepare the item for the agenda.
The Mayor may place the item on the agenda or seek further clarification from the member seeking to place the item on the agenda. The City Manager will provide input on the time needed to prepare the item for the agenda. If the Mayor determines that the item is not suitable for action by the City Council or that the City Council does not have authority or jurisdiction to take action, the Mayor will inform the member of the City Council seeking to place the item on the agenda, in writing, that the item will not be placed on the agenda based on one or more of the following findings:
a. The action requested is not in the jurisdiction of the City Council. b. The action requested is in conflict with an action previously taken by the City Council. c. The subject matter is not related to the duties and responsibilities of the City Council. d. The action is already scheduled for consideration by the City Council at a future date. e. The item should be further researched by staff prior to placement on the agenda.
If the Mayor has informed a Councilmember that an item will not be placed on the agenda and the Councilmember still desires to have the item considered by the City Council, the Councilmember may ask the City Manager to have the item placed on the agenda of the City Council (typically on the consent agenda) seeking an affirmative motion by a majority of the City Council to place the item on a future agenda. If the item is passed by a majority of the City Council, the item will be placed on a future agenda.
2. Two members of the City Council may place an item on the agenda. A Councilmember may ask one additional member to sponsor the item on the agenda and if the member agrees in writing, the City Manager will be notified to place the item on the agenda.
3. At the end of each regular meeting of the City Council, a Councilmember may ask for an item to be placed on a future agenda. Discussion must be limited to the placement of the item on a future agenda with only a general description of the item. No detailed discussion or deliberation on the item may occur in the meeting because the item was not previously on
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the agenda. The City Council will, with a narrow scope, consider if the item should be placed on a future agenda. At least one additional Councilmember must agree in order to have the item placed on the future agenda in this method. If it is determined that an item will be placed on a future agenda, the City Manager will recommend a timeframe in which staff can adequately prepare the information needed to address the item.
1.9.3 Placement of Items on the Agenda by Civic Organizations and Members of the Public Representatives from Civic Organizations and members of the public may submit items for consideration of placement of an item on the City Council agenda by submitting a written request to the Mayor or the City Manager at least 15 days prior to the meeting. The Mayor will determine whether the item will be placed on the agenda and if staff should prepare a staff report for the benefit of the City Council.
1.10 Addition of Last-Minute Items to the Agenda
Emergency items may be added to an agenda in accordance with State law. The reason(s) for adding an emergency item to the agenda must be announced publicly at the meeting. Adding emergency items to an agenda at the City Council meeting requires a four/fifths vote by the City Council after determining that there is need to take immediate action and that the need for action came to the City’s attention after posting of the agenda and without time to properly notice the item.
1.11 Finalizing the Agenda
The Mayor, City Manager and City Clerk will meet to discuss and finalize the agenda at least one week before a regular meeting of the City Council. The agenda for special and emergency meetings will be discussed and finalized as time allows. The order of the items will follow the categories listed in Section
1.8 of these policies. Within each category, items will be arranged in consideration of consultants or applicants attending from outside the City, items anticipated to have more public participation and finally, those that are routine in nature or are not anticipated to have significant public participation.
1.12 Reconsideration of Items Previously Acted Upon
Only in extraordinary situations will a motion that has already been acted upon by the City Council be reconsidered. Only a Councilmember who voted with the majority at the City Council may request reconsideration of a previous vote. The member of the City Council requesting reconsideration must demonstrate that circumstances have changed so significantly, or new information is available that would result in a different outcome than the previous vote. The request for reconsideration must take place at the meeting of the City Council at which the action was taken. Debate is limited to the question of whether or not there is a majority of the Council interested in reconsidering the matter. If a majority of the Council votes to reconsider an action, the matter will be placed on the next or future agenda for consideration.
1.13 City Councilmembers Entitled to Briefings on Agenda Items A briefing will be scheduled for each member of the City Council for staff to review the items on the agenda and provide information to staff. Councilmembers may request additional information or clarification on any agenda item from staff. All provisions of the Brown Act are applicable to the City Council briefings on agenda items. To the extent possible, staff will provide consistent information to each member of the City Council. If Councilmembers would like to speak directly to consultants hired by the City, staff will arrange those discussions. If a Councilmember would like to speak with an applicant seeking
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approval from the City Council, those arrangements must be made independently by the member of the City Council.
1.14 City Council Meeting Format and Decorum
The format and decorum procedures have been adopted to ensure all participants can participate in the meeting in a fair and impartial setting, and to allow business to be conducted in an efficient and effective manner. In general, the City Council uses the principles of Rosenburg’s Rules and some principles of Parliamentary Procedures, but with modifications and adjustments that allow the meetings to be appropriate for the needs of Imperial Beach.
The City Council acts in ministerial, legislative, and quasi‐judicial capacities. In general, the Council acts in a ministerial role when confirming procedures that are already established in laws, municipal policies and regulations. The City Council exercises their legislative authority when new or amended policies, plans, and ordinances are adopted. In each of these roles, a Councilmember may rely on any information lawfully obtained when participating in a decision‐making process. In contrast, the City Council will also act in a quasi‐judicial capacity when it considers matters that implicate constitutionally protected property and liberty interests. These types of actions generally involve land use entitlements and other types of permits, licenses, etc. and when hearing appeals.
The distinction between these roles is important. Specifically, an applicant in a quasi‐judicial matter is entitled to due process of the law. This includes a right to have a decision made on the record by a fair and impartial Council. In order to ensure these rights are satisfied, members of the City Council must disclose all ex parte communication (information or evidence a Councilmember obtains from outside the City Council hearing on the matter).
In some instances, processes are subject to state code which must be followed. The Council may request guidance and direction from the City Manager, City Clerk and City Attorney regarding proper procedures.
If a dispute concerning procedural matters is not specified herein, in State law or the IBMC, the majority vote of the quorum will prevail. A procedural decision of the Mayor may be overruled by a majority vote of the City Council.
1.15 Presiding Officer
The Mayor serves as the Presiding Officer and calls to order all City Council meetings unless the Mayor is unable to participate. In the absence of the Mayor or the inability to act, the Mayor Pro Tempore will serve as the Presiding Officer of the meeting. If the Mayor and the Mayor Pro Tempore are absent or unable to participate, but a quorum is present, the remaining members shall elect a temporary Presiding Officer for the meeting after the meeting is called to order by the City Clerk. The Presiding Officer has the power, authority, and discretion to take the following actions without a vote of the City Council:
1. Establish reasonable time limits on City Council discussions regarding any matter on the agenda.
2. Establish time limits on communications from members of the public to the City Council. No member of the public may address the City Council for more than three minutes on any agenda item without the consent of the Mayor.
3. Declare the Shall open and close the ing of public hearings or public comment periods.
4. Rule any speaker out of order, cease public communication with the City Council, or declare a recess in order to establish order at any meeting.
5. Open, recess and close all council meetings.
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The Mayor is obliged to act as a facilitator during public meetings to ensure all views are heard and that the meeting progresses in an orderly and timely fashion. The Mayor provides an equal opportunity for each Councilmember to be heard on each item on the agenda.
1.16 Seating Assignments
The Mayor shall be seated in the center, or as near the center as possible, of the dais in the City Council Chambers or other venue in which the meeting is being held. The Mayor Pro Tempore will be seated to the left of the Mayor. The most recent Mayor Pro Tempore shall be seated the furthest to the left of the Mayor. The Councilmember receiving the highest number of votes in the most recent election shall be seated left of the Mayor Pro Tempore and the remaining Councilmember shall be seated two seats left of the Mayor Pro Tempore. The seating assignments, except the Mayor, shall rotate on an annual basis beginning the first City Council meeting in January.
The City Manager, or designee, shall be seated immediately right of the Mayor and the City Attorney shall be seated to the right of the City Manager. Other staff will be seated in a position that allows the meeting to be conducted in an efficient and effective manner.
Seating assignments may be adjusted and modified temporarily or for certain meetings as determined by the Mayor to allow business to be properly or effectively conducted.
1.17 Meeting Quorum
A majority of the City Council, three members, shall constitute a quorum of the City Council for meeting purposes and to allow the City Council to transact business. If a quorum for a scheduled meeting of the City Council cannot be assembled, the items on the meeting agenda will be continued to the next scheduled meeting of the City Council.
If at any point in the City Council meeting a quorum is not present either because of absence or conflicts of interest, the meeting shall be adjourned, and the remaining items continued to the next scheduled meeting of the City Council. If conflicts or other inabilities to act preclude the formation of a quorum, the City Attorney will explore all legal means to complete the business before the City Council. Once the City Attorney has explained the various methods to proceed, the City Council shall determine the course of action by a majority vote of the City Council.
1.18 Procedures for Processing an Item on the Agenda
The Mayor shall announce each item on the agenda, by short title, and request the sponsor (staff, member of the public, presenter, etc.) of the item to provide any necessary information, report, or presentation that will allow the City Council and those in attendance to have a clear understanding of the item and what action, if any, is being requested from the City Council. The information, report or presentation should be provided in summary form and only include information necessary to effectively conduct business. All items shall be accompanied by a more detailed written report that can be reviewed in advance of the meeting by all participants which will be included in the record of the meeting.
1.18.1 Discussion of Agenda Items
Following the presentation by the item sponsor, the Mayor will ask the members of the City Council if they have a clear understanding of the item and what action is being requested of the City Council.
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City Council members should not deliberate or indicate support or lack of support for any item at this stage of the review process. After it is clear that the City Council understands the item and what is being asked of the City Council, the Mayor will ask if there are any public comments on the item.
The Mayor may establish reasonable time restrictions on presentations from members of the public that take into consideration the complexity of the subject matter, the number of other members of the public wishing to address the Council, and the number of other items on the agenda in need of City Council action. After the public has had an opportunity to comment on the item in accordance with Section 1.19 herein, the Mayor will announce that public comment will no longer be accepted on the item. Allowing any further public comment on the item after being closed by the Mayor requires a majority vote of the City Council.
Each member of the City Council will be allowed to ask questions of the sponsor, provide comments about the item, and take any actions necessary to make a well-informed decision. Councilmembers are encouraged to communicate all concerns with staff at the regular briefings of the City Council.
Councilmembers are encouraged to provide questions to staff prior to meetings so the answers provided can be researched and accurate. After each member of the City Council has had an opportunity to obtain the information needed to make a well-informed decision, a vote on the item, or direction to staff, if necessary, shall be considered.
In order to speak, a member of the City Council must be recognized by the Presiding Officer. Upon being recognized, members shall hold the floor until completion of their remarks, until recognition is withdrawn by the Presiding Officer or a point of order is called. Questions and comments should be succinct and limited to the item being discussed. Members of the City Council should not attempt to persuade staff to support the position of one Councilmember over the objections of another. Crossexchange or arguments between members of the City Council should be strictly avoided. Each member of the City Council should be allowed to state their feelings and opinions on the item. In no case shall members of the City Council engage in dialog with the public in attendance at the meeting and if such an exchange occurs, it will be determined to be out of order by the Presiding Officer.
Except to insert a point of order, a Councilmember shall not interrupt another member of the City Council. If a valid point of order is called, the Councilmember shall cease speaking until the question is addressed by the full body of the City Council. Points of order include, but are not limited to:
• Inflammatory or taunting rhetoric directed at another member of the City Council; • Extended comments that have become repetitive to avoid action on an item; • Remarks intended to invoke a reaction from those in attendance at the meeting; • Discussion that is unrelated or beyond the scope of the item on the agenda; and • Interruptions or lack of decorum from any member of the public.
A member of the City Council shall not speak more than once on a particular item until each Councilmember has had the opportunity to speak, unless asked by a member of the City Council to clarify a previous comment.
Councilmembers shall not engage in discussions while other members of the City Council have the floor for discussion. If there is a need for assistance, a Councilmember may quietly ask the City Manager, or designee for assistance. In general, Councilmembers will:
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• Treat each other with the respect and courtesy;
• Take actions to resolve problems cooperatively and collaboratively; • Avoid personal attacks at all times and allow all members to express their point of view; • Be mindful that they are representatives of the City and each resident; and • Be mindful when representing views or making comments that individual members may not reflect the majority of the Council and clarify them as their own personal opinion.
1.19 Public Comment and Participation
Members of the public may address the City Council during a City Council meeting using a variety of methods, including those listed below. In no instance will a speaker direct comments to members of the audience or staff. All comments shall be presented to the Mayor and members of the City Council and speakers will be asked to identify themselves and their city of residence. Pursuant to the Brown Act, action may not be taken on issues not listed on the agenda.
1.19.1 Written Comments
Written comments on agenda items are encouraged, and when possible, citizens are encouraged to present written comments at least one day prior to the meeting. This provides the Council with a greater opportunity to review and consider issues and/or concerns expressed in written communications prior to a meeting. Written comments on specific agenda items received before, at or during a City Council meeting are included in the public record.
1.19.2 Submission of Speaker Request
Attendees at the meeting may submit a speaker request indicating support or opposition of an item on the agenda without choosing to speak. The name of the attendee and their support or opposition will be read aloud in the meeting, but the attendee will not be required to approach the podium or speak in public.
1.19.3 General Public Comments
Public comments regarding issues within the subject matter jurisdiction of the City of Imperial Beach that are not on the agenda are accepted at the appropriate time during the meeting. In order to speak, a speaker slip must be submitted to the City Clerk prior to the Mayor closing comment on the item.
Speakers are allowed to address the City Council for the time allotted by the Mayor, generally three minutes. If the comments pertain to an item that is on the agenda, the speaker will be asked to delay the comment until the item is heard. A large group may, at the Mayor's discretion, be allowed to pool their time and nominate a speaker on their behalf in the interest of alleviating repetition.
1.19.4 Public Comments on Agenda Items
Public comments in relation to an item on the agenda will be allowed by the Mayor at the appropriate time during the discussion of the item and before City Council deliberation and consideration of the item. In order to speak, a speaker slip must be submitted to the City Clerk prior to the Mayor closing comment on the item. Speakers are allowed to address the City Council for the time allotted by the Mayor, generally three minutes. If the comments do not pertain to the item being discussed, the speaker will be asked to end their comment. A large group may, at the Mayor's discretion, be allowed to pool their time and nominate a speaker on their behalf in the interest of alleviating repetition.
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1.19.5 Public Comments via Electronic Device
To the extent required by State law, the public may participate via electronic device when circumstances do not allow for public attendance at a regular meeting of the City Council. The Mayor will follow the normal public comment procedures as closely as the technology will allow.
If any public comment is determined to be disruptive to the good order of the meeting, the Mayor or a member of the City Council may call a point of order at which time the speaker will cease speaking immediately. The Mayor will determine the next steps including the requirement that a portion or all of the public may be removed if willful disruption makes conducting the meeting unfeasible. After the comment period or public hearing is closed, no member of the public shall be permitted to comment, except at the discretion of the Presiding Officer.
Members of the public who wish to utilize electronic media in their presentations must provide the electronic materials in advance to the City Manager, or designee to determine if such materials can be used. The City Manager may establish reasonable rules on the public’s use of electronic media to minimize disruption of City Council meetings. Electronic media presentations are subject to time restrictions as established by the Mayor.
1.20 Voting Procedures
The City Council exercises legislative authority through a simple motion, an amendment to a motion, adoption of a Resolution, or adoption of an Ordinance. Depending on the item, staff reports will generally provide appropriate motions, with options, for the City Council to consider. To adopt a simple motion, a simple majority of the quorum may be sufficient. To adopt a resolution or ordinance or to expend funds, typically requires three affirmative votes. However, this is not always the case, and staff will advise the City Council when there is a different voting requirement. When voting, Councilmembers should consider the following:
1. Motions should be concise and give clear direction.
2. A vote on a motion shall not be conducted until all Councilmembers are clear about the action that is being taken. Councilmembers may request the motion be repeated or clarification of the result of a vote in the affirmative or against the motion.
3. A Councilmember is not required to state reasons for dissent but may be asked to provide findings for a motion in favor of the action.
4. If a motion is made to table an item, discussion will stop immediately and a vote on the motion to table will be called by the Presiding Officer.
5. When present, all Councilmembers shall vote, except in the case of a recusal due to a conflict of interest. If a Councilmembers abstains from the vote, the Councilmember will be counted for purposes of determining a quorum, but the abstention vote will be construed as a vote in dissent.
6. If a Councilmember determines they have a conflict of interest, the Councilmember will abide by the steps in State law and not participate in the discussion or vote on the item.
7. When a majority vote cannot be obtained and one or more Councilmembers is absent, that matter will automatically be added to a future agenda so that it can be considered at least once by the City Council with all Councilmembers present. Thereafter, should a tie vote occur, the City Council is required to continue the item by majority vote or make motions until an action receives three affirmative votes.
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The Brown Act prohibits the use of technological devices to develop a concurrence by a majority regarding an action to be taken to the City Council. These devices include phones, faxes, email, and other communication devices. Particular caution is advised in use of devices during a Council meeting to avoid participation in a serial meeting.
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Chapter 2 ROLES AND RESPONSIBILITIES
2.1 The Role and Responsibilities of the Mayor
The Mayor is elected to a four-year term, without geographic limits and , at large, unlike the other members of the City Council who are elected by geographic district. The Mayor, as a member of the City Council, shall perform all the functions and have all authority of a duly elected Councilmember. The Mayor shall be entitled to vote when present but shall possess no veto power. In addition to the authority of a Councilmember, the Mayor shall have the authority and duty to:
1. Report to the City Council at least annually on the affairs of the City and to recommend for its consideration such matters deemed necessary.
2. Be the official head of the City for all political and ceremonial purposes.
3. Assume the primary, but not the exclusive responsibility, for interpreting to the people the policies, programs, and needs of the City Government, and for informing the people of any major change in policy or program.
4. The Mayor may represent the City in any and all matters involving other governmental agencies provided that no act, promise, commitment or agreement entered into or committed by the Mayor shall be binding upon the City unless duly authorized or ratified by the City Council.
5. Represent the City in all regional public agencies which require an elected City Official, unless otherwise determined by the City Council.
6. Perform such other duties consistent with the office as may be prescribed by State law or delegated to the Mayor or imposed on the Mayor by the City Council if not inconsistent with State and Federal law.
7. In general, to exercise the function of Mayor for the City during the hours and times as shall be necessary to discharge the duties imposed upon the Mayor in a capacity which will be considered to be part-time.
8. If the Mayor is absent or unable to act, the Mayor Pro Tempore shall serve until the Mayor returns or is able to act. The Mayor Pro Tempore has all of the powers and duties of the Mayor.
2.2 The Role and Responsibilities of the Mayor Pro Tempore The Mayor Pro Tempore (commonly referred to as the Mayor Pro Tem) is selected from the four members of the City Council who are not the Mayor and serves a one-year rotating term beginning at the first City Council meeting in January. The selection process is designed so that each elected Councilmember will have the opportunity to serve as the Mayor Pro Tempore at least once during their four-year term. The selection process is as follows:
1. In each municipal election, two members of the City Council are elected, and two members of the City Council have two years remaining in their term of office, one of which is serving as the Mayor Pro Tempore. After each municipal election, the rotation is as follows:
a. The current Councilmember who has not immediately served as the Mayor Pro Tempore during their current four-year term shall become the Mayor Pro Tempore. b. The Councilmember just elected with the most votes from the previous election shall be the next Mayor Pro Tempore.
c. The Councilmember just elected with fewer votes from the previous election shall serve in the third year of their term.
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d. The current Councilmember who just completed service as the Mayor Pro Tempore shall only serve again if elected to another term of office using the same pattern described above.
The Mayor Pro Tempore shall be seated for their term at the first regular meeting of the City Council each year. If the Mayor cannot be present or is unable to act at an official function of the Mayor, the Mayor Pro Tempore shall serve as Mayor until the Mayor can be present or is able to act.
2.3 Members of the City Council (to include the Mayor)
In a coordinated effort, the City Council, as a body, creates and amends City policies, Ordinances and Resolutions, appoints the City Manager and City Attorney, provides direction to the City Manager for implementation, adopts the municipal budget, and represents the residents of the community. Individual members of the City Council do not have the authority to conduct these tasks. It is incumbent on the City Manager to have open dialog with each Councilmember to avoid the need of members to act unilaterally by advancing policies and regulations to address appropriate concerns identified by Councilmembers.
2.3.1 Access to Information
Each member of the City Council is entitled to have the same information as other members when deliberating on an issue. Conversely, Councilmembers have a responsibility to review the information provided to them through staff reports and other forms of communication. It is anticipated that Councilmembers will be well-prepared for each meeting. The City Manager will schedule an informational briefing for each member of the City Council to provide background information and answer questions about the items on the agenda although Councilmembers are not compelled to attend the briefing. To preserve decorum and exhibit a trusting and collaborative process, City Councilmembers should, when possible, ask questions at the briefing or in advance of the meeting to allow staff to properly research and respond to the question(s).
There are limited circumstances when information cannot be provided. Draft documents (e.g., staff reports in progress, incomplete applications, legal documents, etc.) under review are not available for release until complete. In addition, there are certain legal restrictions on the City's ability to release certain personnel information even to members of the City Council. A final example is that certain aspects of law enforcement affairs (access to restricted or confidential information related to crimes) may not be available to members of the City Council.
2.3.2 Ad hoc committees
When an item requires additional study or a series of meetings that would not be efficient to act upon in a regular meeting of the City Council, the City Councilmembers may form a short-term ad hoc committee comprising of no more than two members of the City Council. The City Council will narrowly define the objectives of the ad hoc committee, the deliverables expected and the timeframe in which the ad hoc committee will conduct their business. The ad hoc committee will automatically dissolve as identified during its creation, and the ad hoc committee may be dissolved at any time with a majority vote of the City Council.
2.3.3 Communication Guidelines
On occasion, members of the City Council are asked to correspond with citizens, businesses, public agencies, or other individuals and groups to convey the position of the City Council on policy matters.
These letters and responses are often placed on City letterhead from the Office of the City Council and signed by a member(s) of the City Council, sent through mail, email, posted on social media, or
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texted. Often, staff assistance is requested in the preparation of the correspondence. It is not possible, to identify all of the circumstances where Councilmembers are expected to respond. Therefore, these guidelines are intended to establish a framework and each elected official is expected to use prudent judgement on communications and correspondence. Some of these situations may include:
1. If a Councilmember chooses to respond to an issue not yet been decided by the City Council as a whole, the Councilmember should clearly indicate that they are not speaking for the full body of the City Council or on behalf of the City.
2. Once the City Council has taken an official position on an issue, all official correspondence on City letterhead from the Office of the City Council and using the title of the City Council should reflect this position. Individual Councilmembers may prepare private correspondence inconsistent with the official position, but letterhead should not be used, and staff shall not be asked to assist in preparing statements that are inconsistent with the majority decision of the City Council.
3. City letterhead shall not be used, and staff shall not assist any member of the City Council in the preparation of personal or political correspondence.
4. If Councilmembers are asked to prepare letters of recommendation for students and others seeking an appointment, it is appropriate for Councilmembers to use City letterhead and their Council titles in the signature line.
Similar to written correspondence, when requested to speak to groups about the position of the City Council on an issue, the response from Councilmembers should reflect the official position of the Council as a whole to avoid confusion related to the action taken by the City Council. If a Councilmember disagrees with the position of the City Council, an example of a response could be, "while I voted against the item, a majority of the City Council voted in support of the issue." If a position has not been identified by a majority of the City Council, it should be clearly stated that the position expressed is that of the individual Councilmember.
All Councilmembers are free to speak to the various press outlets on City matters other than existing or potential litigation, except when the Mayor, a member of the City Council or a specific member of staff has been designated as a spokesperson for an issue. When corresponding with members of the media, it is the obligation of the Mayor to represent the position and interest of the City Council and the obligation of the City Manager to represent the position of the operational aspects of the City. If a position has not been identified by a majority of the City Council, it should be clearly stated that the position expressed is that of the individual Councilmember. It is important to note that the City employs a staff member to consolidate and clarify the position of the City and the City Council including writing and distributing press releases, responding to press requests, and scheduling meetings with Councilmembers or City staff.
Councilmembers must be aware that that most emails sent or received by Council will fall under the definition of a public record. Information sent in an email is stored on the computer network until deleted and may continue to exist on the network's backup systems even after being deleted on an individual computer, consistent with the City’s retention schedule. As a result, emails can become records of the City maintained in the course of business, and thus are available for public disclosure under the Public Records Act.
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2.4 Councilmember Expectations
The City Council operates as a team. Potentially the most important factor in working as a team, is that Councilmembers should strictly avoid surprising their colleagues or staff. To the maximum extent possible, Councilmembers should advise the City Manager in advance of issues or questions they intend to bring up at a public meeting. This refers to issues and questions that the staff would not normally anticipate or have researched for that particular meeting. In addition to this key component of group dynamics, the following are expectations of each member of the City Council:
1. Councilmembers will be prepared for City Council meetings, which includes having read all agendas and supporting documentation prior to the meeting.
2. If a Councilmember is ill or away for any agenda item of special interest to that Councilmember, the item may be continued or tabled at the Councilmember’s request, subject to any applicable statutory time periods, and only if such delay would not be detrimental to the City’s best interests.
Councilmembers should not request a continuance without a justifiable reason. Councilmembers should coordinate with the City Manager about future agendas and coordinate their schedules to avoid missing items that may be of particular interest to them.
3. If any Councilmember becomes aware of an unexpected issue that may be brought up by a member of the public at a City Council Meeting, the Councilmember will, as a courtesy, inform the City Manager who will inform the other members of the City Council to the extent legally permissible.
4. Councilmembers are expected to attempt to persuade their colleagues to their point of view through reasoned debate, but also to accept the ultimate decision of the City Council graciously and as final.
Councilmembers should not place the City Manager or staff in the position of having to address or implement minority positions which do not further established Council policy.
5. While unanimity is not required or always possible, the Presiding Officer will attempt to find consensus on discussion items.
6. Councilmembers may make the reasons for their votes clear to their colleagues and to the public and include findings whenever possible. This is particularly important when the Council is divided on an issue.
7. Councilmembers will make their remarks succinct, to the point, and as brief as possible and avoid repeating remarks already made by others.
8. Councilmembers should not have private communications among themselves or with members of the public via electronic communication devices or otherwise from the dais during public meetings.
2.5 City Council Staff Appointments
The City Council, by majority vote, appoints two professional positions in the City to ensure the administrative and legal functions of the City are professionally conducted. The City Manager and the City Attorney serve at the pleasure of the City Council and may be dismissed by a majority vote of the City Council in accordance with the contract prepared and executed for each position and applicable State law.
1. The City Manager is an employee of the City and has an employment agreement that specifies the terms of employment including an annual evaluation by the City Council. The City Manager is responsible for all other personnel appointments within the City and is responsible for all operations of the City.
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2. The City Attorney is contracted by the City and is typically a member of a law firm who specializes in municipal law. The City Attorney is responsible for legal representation of the City and may provide legal advice to the City Council and City Manager in relation to the operations of the City.
2.6 Appointment of Advisory Bodies
The City Council may establish advisory bodies to provide recommendations about issues facing the community. The following procedure, unless otherwise specified by State law or the IBMC, will be used when appointing members of the community to serve on a board, commission, or committees in the City of Imperial Beach:
1. When a new advisory board, committee, or commission is created by the City Council, or an opening occurs on an existing advisory a board, committee, or commission through the expiration of an appointment term or other unplanned vacancy, the City Clerk will notify the entire City Council. The City Clerk will then advertise saidthe vacancies as required by State law or the IBMC to seek new candidates through an advertisement in a local newspaper(s), posting the vacancy on the City’s website, and through other appropriate means of communication. After the application deadline passes, the City Clerk will gather the applications and present the applications to the Mayor.
2. If there is more than double the number of applications than open positions, the Mayor will form a two-member subcommittee to review all the applications and interview all the qualified potential candidates. Qualifications will be based on special expertise relevant to serve the committee of which they are applying; expertise may include educational background, knowledge of local issues, civic engagement, and other pertinent factors. The subcommittee, which will consist of the Mayor and current Mayor Pro Tempore, will present the applications of all applicants to the full City Council together with a recommendation of candidates to advance in the process not to exceed more than double the number of open positions. In other words, if there are two (2) openings and eight (8) candidates, the subcommittee will recommend up to four (4) candidates to advance in the selection process.
3. If there is double, or less, the number of candidates than the number of openings, a subcommittee will not be created, and all candidates will advance in the process.
4. The candidates selected to advance in the process will be interviewed by the City Council in a special meeting of the City Council. Each candidate will be asked the same questions in the public meeting and each member of the City Council will be provided with a scoring matrix for each interviewed candidate.
5. All candidates interviewed in the special meeting will be asked to complete a written supplement that includes all personal information, addresses, financial or other potential conflicts, personal relationships, etc. These items will not be addressed in the special meeting.
6. Following the interviews, the scoring matrices will be given to the Mayor for consideration. At a subsequent regular meeting of the City Council, the Mayor will present candidates for each opening to obtain the advice and consent of the City Council.
7. Upon confirmation, the City Clerk will notify the successful candidate(s), administer the oath of office, and provide the necessary materials to perform the duties of the appointment.
At the current time, these committees include the Design Review Board, the Tidelands Advisory Committee and the Parks and Recreation Committee. Because the information discussed at the meetings is very likely to be acted upon at a future date by the City Council, members of the City Council are discouraged from attending or participating in meetings conducted by an advisory body.
The Boards’, Commissions’, or Committees’ roles are as follows:
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1. Advise the City Council on policies that assist the City Council in carrying out its responsibilities;
2. Provide citizen input by being positive representatives of a board, commission, committee, and the community; and
3. Committees may differ in their duties and responsibilities. Many are solely and entirely advisory to the elected body.
Staff liaison(s) for the advisory bodies is typically appointed by the City Manager based on area of expertise. The roles are of the staff liaison(s) is to provide administrative support to the boards, commissions or committees under the guidance of the department head (and ultimately, the city manager), including preparing agendas and meeting minutes and ensuring both are posted on the City’s website in a timely manner.
In addition to the more formal committees, a task force may, on occasion, be temporarily appointed by the City Council to address a specific item of interest. The task force is created by the Council for a specified period of time after which the task force ceases to exist.
2.7 Relationship between City Council and City Manager
The link between the elected officials and the daily operations of the City is the City Manager. The full body of the City Council appoints the City Manager, and the Mayor executes an employment agreement approved by the Council that clarifies the duties and compensation of the City Manager. All dealings with the City Manager should be consistent with the employment agreement. Councilmembers should avoid situations that result in City staff being directed, intentionally or unintentionally, by one or more members of the City Council, but less than a majority of the City Council. Councilmembers will avoid all matters regarding individual City employees, except in their official action as an appeals board. The Mayor and Council hold the City Manager accountable for achieving Council goals and implementing directives. The City Council provide direction to the City Manager and the City Manager directs staff.
It is critical that the City Manager keep the City Council informed. The City Manager recognizes that the City Council has the authority and final responsibility for establishing the policy direction of the City. The City Manager may communicate with the City Council in various ways, but most commonly and anticipated include formal City Council meetings, regular bi-weekly briefing meetings with individual Councilmembers, and regular telephonic and written correspondence including email.
The City Council is a reflection of the greater community. Each member of the City Council has different time constraints, interests, concerns, and suggestions. Some of the members are employed and others may not be currently employed through retirement or by choice. Therefore, it is not uncommon for members of the City Council to engage with the City Manager at different levels of time, interests, and suggestions. Each member of the City Council will communicate with the City Manager about their preferred level of involvement, time constraints, interests, and any other parameters that will allow the City Manager to provide better assistance to the elected official.
2.8 Role and Responsibilities of the City Manager
The City Manager is responsible for implementing City Council policy direction through daily management of city functions including the oversight of city operating departments. The City Manager will implement policy direction of the City Council regardless of personal opinion as long as the policy is legal, ethical, and within the City's purview. Key tasks associated with this role include the hiring and supervision of
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department heads, and authorizing all other personnel positions, as authorized by the City Council through budget allocation, the implementation of the annual budget and the assurance of quality service delivery. The Council‐Manager form of government is outlined in the California Government Code when clarification is necessary. The role and responsibility of the City Manager are to (in summary):
1. Supervise the administrative affairs of the City.
2. Appoint and remove, at any time, any Department Heads and employees in accordance with established personnel policies.
3. Attend meetings of the City Council.
4. Ensure all laws and ordinances are faithfully executed.
5. Present for adoption by the City Council all measures deemed necessary or expedient.
6. Prepare and submit to the City Council and reports deemed necessary or expedient.
7. Keep the City Council fully advised of the financial condition of the City.
8. Prepare and submit to the City Council a proposed budget and be responsible for administration of the budget.
9. Perform other duties as the City Council may direct by ordinance or resolution.
10. Implement and administer City Council policy.
Disagreements between elected officials and the City Manager should be expressed in terms of policy, not personalities or politics, rather than in terms that question satisfaction with or support of the City Manager. The City Manager respects and is sensitive to the policy responsibilities of the City Council and acknowledges that the final responsibility for establishing the policy direction of the City is held by the City Council.
2.9 Relationship with and Role of City Attorney
The City Attorney is the legal advisor for the City Council, City Manager, and departments in relation to City business. The general legal responsibilities of the City Attorney are to provide the legal assistance necessary for formulation and implementation of legislative policies and projects, to represent the best interests of the City, provide an expert level of defense and litigation as necessary, conduct administrative hearings, prepare ordinances, resolutions, contracts and other legal documents and keep the City Council and staff apprised of court rulings and legislation affecting the legal interest of the City. It is important to note that the City Attorney does not represent individual members of the City Council; the City Attorney represents the City as an entire entity.
2.10 Role and Responsibility of Staff
It is the responsibility of staff to provide efficient and effective municipal services to the community, execute City Council policy and actions, implement all applicable Federal, State and local laws and regulations, and keep the public and City Council informed. Staff receives direction from the City Manager who in turn is directed by the City Council as the governing body, not from individual members of the City Council. The City Manager will maintain a close working relationship with each member of the City Council and make every effort to respond in a timely and professional manner to all requests made by individual Councilmembers for information or assistance provided the request is not of a magnitude, either in terms of workload, cost, or policy, that dictates it would be more appropriately assigned to staff through the direction of the full City Council.
2.10.1 Staff Support for members of the City Council
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Elected officials in Imperial Beach do not have individually assigned staff. Members of the City Council may request staff support to complete their official duties and the duties associated with their committee assignments. In the preparation of the staffing plan and adoption of the municipal budget, the City Manager will propose accommodations for City Council staff support. The staff support needs for each member of the City Council will vary and is likely to change from year to year. The City Manager will meet with each member of the City Council prior to the start of the fiscal year where the staffing needs for the next fiscal year will be discussed. The City Manager will then prepare a report for consideration by the full body of the City Council. Because the duties of the City Councilmembers are dynamic, the report is intended as a guide only and staffing needs may need to be modified throughout the fiscal year.
All requests for staff assistance must be made directly through the City Manager and City Council members do not have supervisory authority over City employees. Coordinating through the City Manager will make sure the issue is sent to the right staff person for action and will allow the City Manager to confirm timely follow-up. This also helps the City Manager stay informed regarding issues of community concern. The City Manager may be required to limit or schedule the amount of time staff provides to the City Council based on workload, operational issues, or an inordinate amount of support requested by a member of the City Council or the cumulative impact of the City Council as a body.
Examples of staff support include technical review of documents for City appointed committee assignments, briefings, preparation of appropriate backup material, assistance with producing City business correspondence, scheduling City business meetings, conferences, and related, and other similar City business tasks. Staff should not be assigned to provide assistance for personal projects, political issues or any task that does not directly benefit the residents of Imperial Beach.
2.10.2 Staff Support for Boards and Commissions
(Design Review Board, Parks and Recreation Committee and Tidelands Advisory Committee) City staff provides the necessary administrative support for the boards and commissions established by the City Council. The staff will prepare reports, provide background information, and take minutes at the meetings of boards and commissions. Members of the boards and commissions may request staff support to complete their official duties. The request must be made directly through the City Manager, or designee, members do not have any supervisory authority over City employees. The City Manager may limit the amount of time staff provides based on workload, operational issues, or an inordinate amount of support requested by a board or commission. Members of advisory bodies are volunteers and should be treated with respect and courtesy. Advisory board and commission members should have sufficient information to reach decisions based upon a clear explanation of the issues.
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Chapter 3 CITY COUNCIL ADMINISTRATIVE ISSUES
This Chapter contains a variety of administrative items that are directly applicable to the elected officials in Imperial Beach.
3.1 Training and Expectations for Conflicts of Interest, Ethics and Sexual Harassment In addition to State regulations and requirements, the elected officials in Imperial Beach hold themselves to the highest ethical standards. In particular, the City Council participates in specific training to learn about and how to adhere to proper ethical behavior, and to identify potential conflicts of interest.
3.1.1 Ethics Training
Making decisions on behalf of other people requires members of the City Council to act with impeccable integrity. Recognizing that ethical dilemmas may occur, and public officials must make difficult choices after careful consideration of competing public, personal and private interests, the City Council participates in regular training and education courses offered by the State of California, the League of California Cities, and the City’s legal counsel. State law requires public officials to complete two hours of training in ethics principles and laws every two years. New members are required to receive this training within their first year of service on a legislative body. The City may develop its own ethics training course or use an outside provider. If the City develops its own ethics training, the City must consult with the Fair Political Practices Commission and the State Attorney General. The City must maintain all records relating to the ethics training of the legislative body for at least five years or as required by State law. These documents are public records subject to disclosure.
3.1.2 Conflicts of Interest
There are countless potential conflicts of interest that may require a Councilmember to be disqualified from participating in the decision‐making process. The Political Reform Act addresses financial conflicts of interest of public officials and is a very complex set of regulations. These regulations are implemented and enforced by the Fair Political Practices Commission (FPPC) which has issued comprehensive implementing regulations. To avoid potential conflicts of interest, the City Attorney will provide information on the regulations. In general, public officials are prohibited from making, participating in or in any way attempting to use their official position to influence a governmental decision in which they know, or have reason to know, they have a financial interest.
An official has a financial interest as defined in State law if it is reasonably foreseeable that a decision will have a material financial effect, distinguishable from its effect on the public generally, on the official, an immediate family member, or on any of the following:
• A business entity in which the public official has a direct or indirect investment at a level established in State law.
• Real property in which the public official has a direct or indirect interest at a level established in State law.
• A source of income other than gifts or certain loans in aggregate that exceed the level established in State law.
• Any business entity in which the public official is a director, officer, partner, trustee, employee, or holds any position of management.
• A gift that exceeds the limits established in State law.
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The City of Imperial Beach has adopted certain provisions of the conflict of interest provisions of the State of California as referenced in Section 2.56.010 of the Imperial Beach Municipal Code. In general, when a member of the City Council is disqualified, the Councilmember is required to publicly state that a conflict of interest exists, describe the nature of the conflict, and leave the room. The City attorney should be consulted in advance of the City Council meeting if any potential conflict of interest issues exist.
Generally speaking, State law also prohibits Councilmembers, or their businesses, from entering into contracts with the City. In general, this type of conflict is not subject to remedy through the disqualification of the interested Councilmember but must instead be entirely avoided by the City Council. There are limited exceptions that must be reviewed by the City Attorney on a case‐by‐case basis well in advance of the City Council meeting.
The City Attorney may provide advice to a Councilmember about the existence of a conflict of interest.
However, advice given by the City Attorney does not protect the Councilmember from an enforcement action by the FPPC. A Councilmember may seek a formal written opinion from the FPPC prior to acting on an item.
3.1.3 Sexual Harassment Training
Existing law requires Councilmembers to receive at least 2 hours of training and education regarding sexual harassment. New members are required to receive this training within their 6-months of service on a legislative body. If the City develops its own sexual harassment training, the City must consult with the city attorney to ensure it satisfies the requirements regarding the sufficiency and accuracy of the proposed content. The City must maintain all records relating to the ethics training of the legislative body for at least five years or as required by State law. These documents are public records subject to disclosure.
3.1.4 Revolving Door Policies
For a period of at least one year after leaving office, State law prohibits Councilmembers from acting as an agent or attorney for any other person by appearing formally or informally, orally or in writing, before the Council or any of its commissions, or committees if the appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing any action or proceeding involving the issuance of, amendment to, award of, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property.
3.2 City Council Districts
In November of 2020, the City of Imperial Beach held the first district-based election for two members of the City Council. In November of 2022, the other two City Council seats will be elected by district. Unlike the Mayor who is elected at large by obtaining the highest vote tally in the entire City, Councilmembers are elected by obtaining the highest vote tally in a geographically defined district. Each district is formed pursuant to applicable law to ensure participation in local government by all residents.
Because district elections are new in Imperial Beach, it is appropriate to have policies established for City Council actions as they relate to the districts. Without exception, a Councilmember, once elected, represents all residents in the community. No additional authority or weighted vote is extended to a Councilmember in their district.
3.2.1 Community Size
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Both in terms of population and geography, Imperial Beach is a small community. Because State law does not provide relief or exemptions from the established conflict of interest regulations it is possible that Councilmembers will be subject to disqualification of numerous actions in their district. It is the stated intention of the City Council to adhere to all State regulations, but to recognize that Councilmembers will be active in their district. Communication between a City Councilmember and staff (City Manager and City Attorney) will be critical to allow the City Councilmember to be an active leader in the district and adhere to the conflict of interest regulations.
3.2.2 Deference to Councilmembers
When the Mayor or a member of the City Council are contacted by a business owner, resident, or other interested party in another City Council district, the Councilmember in the district should be notified and given deference on addressing the situation by working with staff, seeking legislative action by the City Council, or other appropriate solution. The provisions of the Ralph M. Brown Act are applicable and should be followed in this line of communication.
Likewise, when a Councilmember is eligible to vote on an action in the district they represent, deference in making or seconding a motion should be extended. The Mayor may choose to allow the Councilmember in the district to be the last member of the City Council to speak on the item so that they can address any items raised by the other members of the City Council.
3.2.3 Budget and Other District Considerations
The Municipal Budget is adopted for the entire community. There is not a financial or scope of work division of finances or labor determined by district. Councilmembers are able to initiate and support improvements in their district during the budget preparation and adoption process.
3.3 Financial Matters
The City Council has fiduciary responsibility of the City’s finances. The City Council adopts the budget, accepts the financial audit, and authorizes all major expenditures of the City in compliance with State law and the IBMC. Therefore, it is important to have financial policies established to ensure proper financial management.
3.3.1 Council Compensation
State law provides the process and limits for compensation of City Councilmembers. The City Council is provided a relatively small monthly salary and a modest transportation allowance that was recommended by residents in the community. State law limits how much the compensation can be increased and any increase in compensation is only effective following the next municipal election after adoption or as provided in applicable State law.
A review of the compensation for the City Council shall be performed no later than March 31st of each year. The compensation annual review shall consider the lowest cost of living increase (COLA) or salary increase provided to the labor bargaining groups, provided that it does not exceed 5% per year per Government Code Section 36516 and the increase of the labor groups. Any increase to the compensation as a result of the annual review must be approved by the City Council via an Ordinance and shall be considered by the City Council no later than May 31st of each year.
The transportation allowance in lieu of reimbursement on a mileage basis, is for actual and necessary travel expenses within San Diego County. The Travel and Expense Reimbursement Policy was adopted to fairly reimburse individuals for actual and necessary expenses associated with approved travel,
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training, and meetings.
All Councilmember travel expenditures outside of San Diego County, except northern Baja, require prior approval by the City governing body. The estimated travel expenses will be placed on the consent agenda of a City Council meeting prior to travel whenever possible. If travel is more urgent and justified, the travel expenses will be placed on the consent agenda of a City Council meeting immediately following the travel.
Individual Councilmembers may waive any or all of the compensation provided to them. The waiver shall affect only the individual choosing to waive compensation for the period of time specified by the Councilmember. An individual waiver shall not be binding on any other current or future Councilmember. At any time, the Councilmember may resume compensation by notifying staff who will process a personnel action form to effectuate the change.
3.3.2 Reimbursable Expenses
Only costs incurred by Councilmembers that are directly related to City functions are reimbursable. In almost every circumstance, a Councilmember should obtain approval from the full body of the City Council prior to the expenditure, but on occasion it is appropriate for a Councilmember to work with staff for incidental reimbursements such as parking expenses outside San Diego County. In no instance will public funds be used for private or personal expenses of a Councilmember.
3.3.3 Retirement, Medical, Dental, Vision and Life Insurance The Mayor and Council Members have the option to “elect” but are not required to participate in the City’s pension plan with the California Public Employees Retirement System (CalPERS). Additionally they have the option to participate in medical, dental, vision, and other optional benefits provided by the City. The City offers a basic Life insurance policy and Accidental Death and Dismemberment (AD&D) insurance for all City Councilmembers. Councilmembers may option out of any or all of the benefits provided. However, any unexpended amount shall not be distributed to the Councilmember.
Councilmembers may opt-in if there is a qualified event or during the City’s annual open enrollment period.
3.3.4 Professional Development
Each member of the City Council will be provided with an allocation in the municipal budget for professional development, training, and travel expenses. The allowance shall be the same amount for each member of the City Council. If a Councilmember does not have enough funding to complete desired training, the Councilmember may approach another member of the City Council and ask if they would be willing to transfer some of their allotment to the Councilmember.
On occasion, a member of the City Council, most often the Mayor, is required to travel to conduct City business not of their choosing. These activities might include providing testimony to the State legislature, or other similar City related activities. These expenses will not be attributed to the professional development allocation of the Councilmember.
Professional development travel expenses are only to be used for out-of-county expenses and each Councilmember’s transportation allowance will be used to cover travel expenses within San Diego County. Only mileage outside of San Diego County is eligible for mileage reimbursement.
3.3.5 Use of City and Office Equipment
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To enhance the service of the members of the City Council to the community and their ability to communicate with staff and the public, the City provides meeting facilities and office equipment for City business. A City laptop will be issued to each Councilmember to perform any City business related assignments. To keep cost at a minimum, the City has a standard model of laptop purchased for all City Council and staff through a government program. The Information Technology Department will ensure all appropriate software is installed and will provide an orientation in the use of computers and related software. Lost, stolen, or damaged devices should be reported to the City Manager within one working day of discovery. The City laptop must be returned to the City when the City Council term expires. It is important to note that all letters, memoranda, and interactive electronic communication involving City Councilmembers with few exceptions, specified in the Public Records Act, are likely public records.
The City’s electronic equipment and information systems are intended for professional business use by a Councilmember in the performance of their duties. Personal or political use of City equipment is prohibited. For City related business, and within reason, photocopy machines are available for use by City Councilmembers.
City Councilmembers have the option to be assigned a City cell phone intended for professional business use. The City has a standard model of cell phones purchased for all City Council and staff through the City’s cell phone provider. The use of the City cell phone for personal calls, email, text, etc. is prohibited. It is important to note that all call, texts, emails, etc. related to City business are likely subject to the Public Records Act.
The Information Technology Department will ensure cell phones are activated and functioning properly and will provide an orientation in the use of computers and related software. Lost, stolen, or damaged City electronic equipment should be reported to the City Manager within one working day of discovery. The City electronic equipment must be returned to the City when the City Council term expires. City Councilmembers may use their personal cell phone for City business use, however those communications are also likely subject to the Public Records Act. No reimbursements will be made for using personal cell phones for City business use.
The City retains the right to monitor and audit email and internet usage. The right to use these technologies does not include the right to privacy. Deleted documents, messages and data may be retrieved from a variety of points in the City’s network.
3.4 City Council Travel Policy
The City of Imperial Beach travel and expense policy is intended to be consistent with all provisions of State law. Where and if discrepancies between State law and these policies exist, the provisions of State law will prevail. All Councilmember travel expenditures outside of San Diego County, except northern Baja, require prior approval by the City governing body. The estimated travel expenses will be placed on the consent agenda of a City Council meeting prior to travel whenever possible. If travel is more urgent and justified, the travel expenses will be placed on the consent agenda of a City Council meeting immediately following thetravel.
City Councilmembers are entitled to payment or reimbursement for the following:
1. Communicating with representatives of regional, state and national government on City adopted
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policy positions.
2. Attending educational seminars designed to improve skills and knowledge. Miscellaneous expenses for registration, tuition, parking, and phone are reimbursable for City authorized business.
Miscellaneous expenses must be supported with original itemized receipts.
3. Participating in regional, state and national organizations whose activities affect the City’s interests.
4. Recognizing service to the City (for example, thanking a longtime employee with a retirement gift or celebration of nominal value and cost).
5. Any costs associated with attending City events.
6. Implementing a City-approved strategy for attracting or retaining businesses to the City which will typically involve at least one staffmember.
The City of Imperial Beach will not reimburse Councilmembers for personal travel (or the personal portion of any trip); political or charitable contributions or events; family expenses including partner, children or pet expenses when accompanying a member on City business; entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf related expenses), or other cultural events; personal automobile expenses, including repairs, traffic citations, insurance or gasoline; and personal losses incurred while on City business.
3.4.1 Transportation
Councilmembers are expected to conduct City business within San Diego County through attendance at meetings of Boards and Commissions, as appointed by the City Council, as well as meetings with City staff, constituents, attendance at events, etc., during various hours of the day or night. It is determined by the City Council that their effectiveness in representing the City is dependent on frequent and availability of adequate and reliable vehicles. Therefore, the City Council has determined that in lieu of the usual transportation charges or vehicles purchased and maintained by the City and supplied to City Councilmembers, private vehicles owned or rented by Councilmembers are “actual and necessary” to the conduct of the City’s business. Effective January 1, 2018 each Councilmember shall receive a monthly transportation allowance of $300.00.
When traveling outside of San Diego County, Councilmembers will use the most economical mode and class of transportation reasonably consistent with scheduling needs and space requirements. This includes the use of the most direct and time efficient route. In the event that a more expensive transportation form or route is used, the cost borne by City will be limited to the cost of the most economical, direct, efficient, and reasonable transportation form. Government and group rates must be used when available.
Reasonable and necessary charges for public transportation, taxi, or shuttle service are reimbursable at actual cost with receipts. Car rental is allowed when it is determined it is the most economical and reasonable mode of transportation during travel. Itemized original receipts must be submitted with vehicle rental reimbursement claims.
Airfares that are equal to those available through the Enhanced Local Government Airfare Program offered through the League of California Cities (www.cacities.org/travel), the California State Association of Counties (http://www.csac.counties.org) and the State of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy. When reimbursement for parking is requested, any airport parking more than 24 hours must be in long term parking or private economy lots. Reasonable and standard baggage handling fees will be reimbursed.
If a Councilmember uses a personal car for travel outside San Diego County, the Councilmember can seek
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reimbursement for mileage at the Internal Revenue Service (IRS) rates presently in effect. Such reimbursement shall only be for mileage incurred outside of San Diego County limits. All mileage within San Diego County limits is covered by the transportation allowance.
3.4.2 Lodging
Lodging expenses will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. If such lodging is in connection with a conference or organized educational activity, lodging costs should not exceed the group rate published by the conference or activity sponsor for the meeting in question, provided that the group rate is available at the time of booking. Government and group rates offered by a provider of lodging services shall be used when available. In the event that government rates are not available at a given time or in a given area, lodging rates that do not exceed the IRS per diem rates for lodging in a given area will be the rate that is reimbursed.
Non-reimbursable lodging-related expenses include, but are not limited to, costs for an extra person staying in the room, costs related to late check out or uncancelled reservations, in-room pay-per-view movie rentals, and non-City business related phone calls. Original itemized receipts must accompany claims for lodging reimbursements.
3.4.3 Meals and Incidental Expenses
Meal expenses and associated gratuities should be moderate, considering community standards and the prevailing restaurant costs of the area. The City will not pay for or reimburse for alcohol/personal bar expenses. The City will use the IRS per diem rates as a guide for reimbursement.
For any overnight trip, a Councilmember may receive a per diem or be reimbursed for actual expenses for meals and incidentals each day or fraction thereof while traveling. The per diem rate will be based upon the IRS per diem rates for meals and incidental expenses in the area to which the Councilmember is traveling. Per diem rates will be deducted for applicable meals included in conference or seminar registration and program fees. The time calculations for per diem starts when the Councilmember begins travel. The first and last calendar day of travel are eligible for reimbursement at 75% of the per diem rate, and the Councilmember can claim the full per diem amount for each 24-hour period thereafter. Receipts are not required to claim the meal and incidental expenses per diem. However, a travel expense report indicating time, date, place, and business purpose must be completed upon return.
3.4.4 Fax and Internet while Traveling
Councilmembers will be reimbursed for actual cost of fax and internet charges when the member is away from City Hall and performing City business. City hot spots are also available on a first-come first-serve basis for the Councilmember to “check-out” from the IT department.
3.4.5 Credit Card Use and Cash Advancements
City Councilmembers may use a City issued credit card (procurement card) instead of seeking reimbursements for City business related travel expenses. Receipts documenting expenses incurred on a City issued credit card must be submitted within thirty (15) business days of use. City issued credit cards may not be used for personal expenses, even if the member subsequently reimburses the City.
From time to time, it may be necessary for a member to request a cash advance to cover anticipated expenses while traveling or conducting City business. A request for a cash advance should be submitted to the City Manager fourteen (15) days prior to the need for the advance and include the purpose of the expenditure and why cash is necessary, the benefits of the expenditure to the residents of City, and the
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anticipated amount of the expenditure. Any unused advance must be returned to the City treasury within thirty (15) days of the member’s return, along with an expense report and receipts documenting how the advance was used in compliance with this policy.
In the event the City Manager is uncertain whether use of a credit card or a request for cash advancement complies with this Policy, the City Manager will ask the Councilmember seek authorization from the City Council.
3.5 Expense Reports
Expense reports must document that the expense in question satisfies the provisions of these policies.
For example, if a Councilmember is meeting with another party, the Councilmember should explain whose meals were purchased, what issues were discussed, and how those relate to the City’s adopted legislative positions and priorities.
Members must submit their expense reports within thirty (15) days of an expense being incurred, accompanied by receipts documenting each expense. Restaurant receipts, in addition to any credit card receipts, are also part of the necessary documentation, unless per diem was issued in advance for meal and incidental expenses. Inability to provide such documentation or to provide it in a timely fashion will result in the expense being borne by the Councilmember.
3.5.1 Audits and Reports for Councilmember Expenses
All expenses are subject to verification for compliance with these policies. If upon review by appropriate staff there is any inconsistencies with these policies, a report will be prepared and presented to the City Council at the next meeting of the City Council.
Councilmembers recognize that some expenditures may be subject to reporting under the Political Reform Act and other laws. All documents related to reimbursable agency expenditures are public records subject to disclosure under the California Public Records Act.
Misuse of public resources or falsifying expense reports in violation of these policies may result in the loss of reimbursement privileges, a demand for restitution to the City, reporting the expenses as income for the elected official to state and federal tax authorities, civil penalties of up to $1,000 per day and three times the value of the resources used, or prosecution for misuse of public resources.
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Chapter 4 COUNCIL AND STAFF RELATIONSHIPS AND CONDUCT
The City Council and City Manager work together as a solution-oriented team. As the legislative body of the City, the City Council considers and adopts all local Ordinances, Resolutions, and regulations. The implementation of legislative actions is vested in the City Manager who will use the financial, physical, and human resources of the City to implement local laws and regulations. The City Council as a body retains full power to accept, reject, amend, influence, or otherwise guide and direct the City Manager’s actions, decisions, recommendations, workloads and schedules, departmental priorities, and the conduct of City business.
This intent of this chapter is to affirm that governing of the City of Imperial Beach is at the will of the collective Council, not individual Councilmembers, and to establish guidelines for Councilmembers and staff to ensure orderly, consistent, and open City government.
4.1 Dissemination of Information
The primary function of staff is to execute City Council policy and actions taken by the City Council, and to keep the City Council informed. Individual Councilmembers and the full body of the City Council have access to any information requested of staff and shall receive the full cooperation and candor of staff in the provision of any requested information.
If the information is obtained from records already in existence, the information will be provided directly to the City Councilmember making the request. If a new record or new information is created in relation to the request, the information will be provided to all members of the City Council. Furthermore, if in the judgement of the City Manager the information being requested would be of interest to the other members of the City Council, is timely in relation to an upcoming decision by the City Council, or the member of the City Council requests that the information be shared, the City Manager will share the information with the full body of the City Council.
Information provided by staff is not intended to give any member of the City Council an advantage over another member or to help a Councilmember take a different position that a fellow member of the City Council. Likewise, staff will not provide information that could be used by a member of the City Council to undermine a decision or policy already decided by the full body of the City Council.
4.2 Direction to Staff
Generally, Councilmembers will submit requests for assistance from City staff through the City Manager.
Individual members of the City Council will not attempt to pressure or influence staff decisions, recommendations, workloads, schedules, or departmental priorities without the prior knowledge and approval of the full body of the City Council.
Staff is obligated to take guidance and direction only from the full body of the City Council or from appropriate management superiors. Staff is directed to reject any attempts by individual members of the City Council to unduly influence or otherwise pressure them into making, changing, or otherwise suppressing staff decisions or recommendations, or changing departmental work schedules and priorities.
Staff shall report such attempts to influence them in confidence to the City Manager, who will address the concern with the member of the City Council, or the full body of the City Council, if necessary.
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4.3 No Interference by Individual Councilmembers
The City Council will work through the City Manager when dealing with administrative functions of the City. In no manner, either directly or indirectly, shall a Councilmember become involved in, or by suggestion or otherwise, attempt to influence or coerce the City Manager concerning appointments to City offices or employment. Nor shall the City Council be involved in, or influence, the purchase of any supplies beyond the requirements of the City’s procurement code or procedures. The full body of the City Council requests and directs the City Manager to discuss with any Councilmember, on behalf of the full City Council, any perceived or inappropriate interference or encroachment of administrative services. In short, individual Councilmembers must not be given preference over other members of the City Council.
If inappropriate action continues after a discussion, the City Manager is expected to report the concern to the full body of the City Council for further direction.
4.3.1 Complaints and Feedback
Upon receiving a complaint or feedback from the public, Councilmembers will direct the complaint to the City Manager for appropriate staff action and follow-up. Councilmembers should attempt to ensure they are in possession of all of the facts and both sides of the story before making any statements to the press or to the complaining party regarding what action, if any, the City should take.
The City Council allows staff to handle resident complaints and does not attempt to pursue a unilateral solution or provide direction to resolve the problem.
4.4 City Council Censure
A censure is a formal Resolution of City Council reprimanding one of its own members for specified conduct, generally a violation of City policy where the violation of policy is considered to be a serious offense. Censure should not follow an occasional error in judgment, which occurs in good faith and is unintentional. Censure carries no fine or suspension of the rights of the member as an elected official, but a censure is a punitive action that serves as a punishment for wrongdoing.
An item for censure may be placed on the agenda by a Councilmember or the Mayor in accordance with Section 1.9 for discussion of a City Council Censure.
If the City Council determines that a censure is appropriate, a majority of the City Council may adopt a Resolution. Any illegal activity that is punishable by law shall be investigated and prosecuted independent of the censure process by the appropriate officials.