Imperial Beach City Council
January 17, 2024

Subgrantee Agreement #: 15PJDP-22-GG-03844-MENT-NRPA-21 23 | P a g e
under this award.

The recipient has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the Government such rights, the recipient shall promptly bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in question without further authorization from the OJP program office.

38. OJJDP - Web Site Notice of Federal Funding and Disclaimer Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service:
"This Web site is funded in whole or in part through a grant from the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.

39. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS").

The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient

Subgrantee Agreement #: 15PJDP-22-GG-03844-MENT-NRPA-21 24 | P a g e
Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here.

40. The recipient shall submit semiannual performance reports. Performance reports shall be submitted within 30 days after the end of the reporting periods, which are June 30 and December 31, for the life of the award. These reports will be submitted to the Office of Justice Programs, on-line through the Internet at https://justgrants.usdoj.gov

41. Withholding of funds: Disclosure of pending applications The recipient may not obligate, expend, or draw down any award funds until: (1) it has provided to the grant manager for this OJP award either an "applicant disclosure of pending applications" for federal funding or a specific affirmative statement that no such pending applications (whether direct or indirect) exist, in accordance with the detailed instructions in the program solicitation, (2) OJP has completed its review of the information provided and of any supplemental information it may request, (3) the recipient has made any adjustments to the award that OJP may require to prevent or eliminate any inappropriate duplication of funding (e.g., budget modification, project scope adjustment), (4) if appropriate adjustments to a discretionary award cannot be made, the recipient has agreed in writing to any necessary reduction of the award amount in any amount sufficient to prevent duplication (as determined by OJP), and (5) an Award Condition Modification (ACM) has been issued to remove this condition.

42. The recipient may not obligate, expend, or draw down any award funds for indirect costs, unless and until either -- (1) the recipient submits to OJP a current, federally-approved indirect cost rate agreement, or (2) the recipient determines that it is eligible under the Part 200 Uniform Requirements to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and advises OJP in writing of both its eligibility and its election.

The financial review of the budget for this award is pending. If the OJP Office of the Chief Financial Officer (OCFO) determines as part of its financial review that the recipient already has submitted the documentation concerning indirect costs described above, this condition will be released through a Grant Award Condition Modification (ACM) upon completion of the OCFO final budget review.

If the OJP OCFO instead determines as part of its financial review that the recipient has not yet submitted the required documentation concerning indirect costs, this condition will not be released until OJP (including its OCFO) receives and reviews a satisfactory submission.

Subgrantee Agreement #: 15PJDP-22-GG-03844-MENT-NRPA-21 25 | P a g e
APPENDIX B – PROJECT DESCRIPTION
The National Recreation and Park Association (NRPA) seeks to build the capacity of park and recreation (P&R) agencies to develop, implement, and deliver evidence-based mentoring programs that increase youth academic performance and prevent, reduce, and address juvenile delinquency and other problem behaviors among at-risk youth in under-resourced communities through out-ofschool time (OST) programs in local P&R. NRPA will build upon the success of our Mentoring in Parks and Rec Initiative, currently operating in 10 states, to expand youth mentoring services into a minimum of 10 new states while integrating two core focus areas: 1) OST Programming: the proposed approach leverages the power of P&R as safe OST settings for youth to participate in extracurricular activities that foster positive youth development; and 2) Diversity, Equity, and Inclusion (DEI): intentionally advancing DEI by targeting racially diverse and historically marginalized communities while increasing the ability of P&R professionals, mentoring/program staff, and mentors to apply DEI core competencies in mentorship programs.

NRPA will provide funding and capacity building assistance to up to 20 local P&R agencies to leverage NRPA’s Youth Mentoring Framework to develop and expand evidence-based OST mentorship programs that center youth developmental assets. Through NRPA’s request for proposal process, NRPA will engage a diverse cohort of P&R agencies to provide mentoring services to youth disproportionately at risk or high risk for juvenile delinquency, victimization, and juvenile justice system involvement, and/or who have less access to quality mentoring services, specifically Black, Hispanic, American Indian and Alaska Native youth; LGBTQ+ youth; and youth from low-income communities. P&R agencies will establish one-on-one and group mentoring opportunities, plus implement family engagement activities to improve social, emotional, academic, and behavioral outcomes and reduce risk factors for juvenile delinquency.

Each grantee will serve an average of 350 youth, including 50 youth through one-on-one mentoring and 300 through group mentoring, for a total of 7,000 youth served through this project. NRPA will recruit and train 1,200 adult mentors (including OST teachers/counselors/coaches) to provide evidence-based mentoring services. NRPA will support grantees’ implementation of family engagement activities to reach at least 5,000 family members.

The cohort of P&R subgrantees will participate in NRPA’s Equity in Practice Fellowship program to build core competencies in DEI for application into their mentorship programs. NRPA will create additional resources for applying DEI in mentoring programs, and for family engagement, and program resources will be disseminated to 1,500 P&R professionals nationwide to support expansion of mentoring programs in additional communities.

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January 17, 2024
ITEM TITLE: RESOLUTION 2024-004 CONTINUING THE PROCLAMATION OF A STATE OF

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

Environmental & Natural Resources
EXECUTIVE SUMMARY:

This resolution maintains the City's declaration of a local state of emergency caused by the effects of cross-border pollution originating from the Tijuana River, including both treated and untreated wastewater. Due to contaminated flows in the river, the stretch of Imperial Beach shoreline between the southern end of Seacoast Drive and the border remains severely impacted, with closures lasting all of 2024 to date, 365 days in 2023, 365 days in 2022, 246 days in 2021, 295 days in 2020, 245 days in 2019, and 101 days in 2018. The persistent impacts of these flows continue to affect the Tijuana River Valley, Estuary, beach water quality, and present an emerging threat to air quality that is currently being monitored and studied by the County Air Pollution Control District and Scripps Institute of Oceanography.

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

RECOMMENDATION:

Adopt Resolution No. 2024-004 to maintain a state of local emergency related to the cross-border pollution impacts from the Tijuana River and authorize the City Manager, Mayor, and Council members to work with local, State, Federal, and Mexican authorities to advance binational projects to improve conditions in the Tijuana River.

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

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

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months, or even years. Furthermore, the pollution has a significant impact on recreational activities along the Imperial Beach shoreline, with beach closures causing disruption to residents and visitors alike.

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

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

None
ATTACHMENTS:

1. Resolution 2024-004

ATTACHMENT 1
RESOLUTION NO. 2024-004

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

CONTINUING THE PROCLAMATION OF A STATE OF LOCAL EMERGENCY RELATING TO

IMPACTS FROM CROSS-BORDER POLLUTION IN THE TIJUANA RIVER WHEREAS, Government Code Section 8630 and Imperial Beach Municipal Code (IBMC) Section 2.52.060 empower the City Manager, acting as the Director of Emergency Services, to request that the City Council proclaim the existence of a local emergency when the City is affected by a public calamity; and
WHEREAS, the City Manager, as Director of Emergency Services of the City of Imperial Beach, does hereby find that continued conditions of extreme peril to safety of persons, property, and environment have arisen within said City, caused by persistent impacts from cross-border pollution in the Tijuana River; and
WHEREAS, the persistent impact of cross-border flows of treated and untreated wastewater in the Tijuana River, excessive discharge of sediment into the Tijuana Estuary during storm events, and the continued impact of trash and waste tires in the Tijuana River Valley maintains a condition of extreme peril in the City; and WHEREAS, transboundary flow events in the Tijuana River impacts water quality along the Imperial Beach shoreline and result in significant beach closure days at Border Field State Park, which include 101 days in 2018; 243 days in 2019; 295 days in 2020, 246 days in 2021, 365 days in 2022, 365 days in 2023, and all of 2024; and WHEREAS, transboundary flows of pollution include untreated sewage, trash, sediment, hazardous chemicals, heavy metals, and toxins continue to impact the Tijuana River, Estuary, coastal waters of the Pacific Ocean, and tributary canyons including Stewart’s Drain, Canon del Sol, Silva Drain, Smuggler’s Gulch, Goat Canyon, and Yogurt Canyon; and WHEREAS, the presence of pollution is creating unsafe conditions for residents and visitors who live, work, or recreate in the Tijuana River Valley and may come in contact with contaminated water; and
WHEREAS, pursuant to Section 8558(c) of the California Government Code, the pollution in the Tijuana River is beyond the control of the services, personnel, equipment and facilities of the City of Imperial Beach; and
WHEREAS, pollutants in the Tijuana River are causing contamination of the Tijuana River Valley, Tijuana Estuary, and the water and beaches of the City of Imperial Beach threatening the health, safety, and welfare of the citizens of Imperial Beach as well as visitors to our beaches; and
WHEREAS, the flow of the contaminants and untreated wastewater continues to escalate due to inadequate wastewater infrastructure in the city of Tijuana and lack of sufficient operation and maintenance of existing infrastructure; and
WHEREAS, this flow is the acknowledged responsibility of the federal governments of the United States and Mexico; and

Resolution No. 2024-004

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

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

1. The above recitals are true and correct.

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

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

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

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 17th day of January 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Resolution No. 2024-004

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

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January 17, 2024
ITEM TITLE: RESOLUTION 2024-005 AUTHORIZING THE CITY MANAGER TO SIGN THE

FIFTH AMENDMENT TO THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM REGIONAL STORM WATER COPERMITTEE MEMORANDUM OF UNDERSTANDING. (0770- 70)
ORIGINATING DEPARTMENT:

Environmental & Natural Resources
EXECUTIVE SUMMARY:

This resolution asks for approval of the Fifth Amendment to the National Pollutant Discharge Elimination System Regional Storm Water Copermittee Memorandum of Understanding (Regional MOU). This amendment is necessary to continue cost sharing obligations with storm water Copermittees for regional and watershed storm water management programs required by San Diego Regional Water Quality Control Board Order R9-2013-0001 (Storm Water Permit). The Fifth Amendment to the Regional MOU will become effective when the last party executes the Regional MOU and remain effective through August 2029, or through the life of the next reissued Storm Water Permit plus twelve months, whichever is longer.

RECOMMENDATION:

Adopt Resolution 2024-005 and authorize the City Manager to execute the Fifth Amendment to the National Pollution Discharge Elimination System Regional Storm Water Copermittee MOU.

OPTIONS:
 Adopt Resolution; or
 Direct staff to return with additional information.

BACKGROUND/ANALYSIS:

The Storm Water Permit issued by the San Diego Regional Water Quality Control Board requires a Regional MOU among the permitted agencies to meet watershed and regional obligations. The 21 permitted agencies under the Storm Water Permit are collectively called Copermittees and include: the County of San Diego, the San Diego Unified Port District, the San Diego County Regional Airport Authority, and the incorporated cities of San Diego, Carlsbad, Chula Vista, Escondido, Imperial Beach, La Mesa, San Marcos, Del Mar, El Cajon, Encinitas, Lemon Grove, National City, Oceanside, Poway, Santee, Solana Beach, and Vista.

The initial regional MOU was authorized by Council through Resolution No. 2007-6562 to meet the Storm Water Permit requirements under Order R9-2007-0001. The first amendment to the Regional MOU updated administrative procedures and was authorized by Council through Resolution No. 2010-6883. The Second Amendment to the Regional MOU allowed for Regional cost share of Storm Water Permit obligations under R9-2013-0001 for Fiscal Year 2014-15 and

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was authorized by Council through Resolution No. 2014-7475. The Third Amendment of the Regional MOU allowed continued collaboration and cost sharing among Copermittees for the duration of the current Storm Water Permit Order R9-2013-0001 and was authorized by Council through Resolution No. 2015-7612. The fourth amendment of the Regional MOU allowed continued collaboration and cost sharing among Copermittees for the duration of the Storm Water Permit Order R9-2013-0001 and was authorized by City Council through Resolution No. 2019- 8017. This Fifth Amendment of the Regional MOU continues the previous cost sharing among Copermittees for the upcoming Storm Water Permit renewal that is anticipated to be issued later this year.

The purpose of the Regional MOU is to establish shared program responsibilities for each Copermittee. The Regional MOU establishes regional working bodies and watershed working bodies that develop and implement work products to meet the Storm Water Permit requirements.

More importantly, the MOU establishes the cost share responsibility to implement the various storm water program requirements among the Copermittees. The City of Imperial Beach holds an approximate 1% cost share in regional work products, 14% cost share for Tijuana River watershed work products, and 2% cost share for San Diego Bay watershed work products. The City of Imperial Beach is also the lead agency developing and implementing work products for the Tijuana River and San Diego Bay watershed groups and will utilize this Regional MOU to implement the Water Quality Improvement Plans.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

The San Diego County Copermitees develop work plans and budgets each fiscal year to meet Storm Water Permit obligations. This Regional MOU establishes cumulative not to exceed limits through FY 2029 of $5,747,144 for Regional Programs, $4,490,650 for San Diego Bay watershed, and $3,254,850 for Tijuana River watershed. The Imperial Beach cost share is a proportional share of regional costs based on population and land use area. Costs for this program are budgeted under the Environmental and Natural Resources Department budget.

ATTACHMENTS:

1. Resolution No. 2024-005

2. Copermittee Fifth Amendment to Regional MOU

ATTACHMENT 1
RESOLUTION NO. 2024-005

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

AUTHORIZING THE CITY MANAGER TO SIGN THE FIFTH AMENDMENT TO THE NATIONAL

POLLUTION DISCHARGE ELIMINATION SYSTEM REGIONAL STORM WATER

COPERMITTEE MEMORANDUM OF UNDERSTANDING
WHEREAS, the City initially adopted a memorandum of understanding (MOU) with the San Diego Regional Copermittees through Resolution No. 2007-6562 to meet the program requirements of the Regional Storm Water Permit; and
WHEREAS, the Regional MOU establishes the program management responsibilities and cost sharing responsibilities among the 21 agencies of the San Diego Regional Storm Water Copermittees to meet the requirements of the Storm Water Permit issued by the San Diego Regional Water Quality Control Board; and
WHEREAS, the First Amendment to the MOU was adopted by Council through Resolution No. 2010-6883 and updated administrative procedures for Copermitees; and WHEREAS, the Second Amendment to the MOU was adopted by Council through Resolution No. 2014-7475 and extended the MOU to allow the regional cost share of Storm Water Permit obligations under Order R9-2013-0001 for fiscal year 2014-15; and WHEREAS, the Third Amendment to the MOU was adopted by Council through Resolution 2015-7612 and extended the MOU additional years to cover Storm Water Permit R9- 2013-0001; and
WHEREAS, the Fourth Amendment to the MOU was adopted by Council through Resolution 2019-8017 and extended the MOU through the life of Storm Water Permit R9-2013- 0001; and
WHEREAS, the Fifth Amendment to the MOU is necessary to meet Storm Water Permit requirements and will extend the existing MOU through August 2029, or through the life of the next reissued Storm Water Permit plus twelve months, whichever is longer.

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

1. The above recitals are true and correct.

2. The Fifth Amendment to the National Pollution Discharge Elimination System Regional Storm Water Copermittee MOU is approved.

3. The City Manager or designee is authorized and directed to sign the Fifth Amendment to the National Pollution Discharge Elimination System Regional Storm Water Copermittee MOU.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 17th day of January 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Resolution No. 2024-005

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. HALD, MMC

CITY CLERK

San Diego Regional Stormwater Copermittees MOU - 1 - Fifth Amended: [date]

Fifth Amended National Pollutant Discharge Elimination System San Diego Regional Stormwater Copermittees

MEMORANDUM OF UNDERSTANDING
2024
This Memorandum of Understanding (MOU), entered into by the County of San Diego (County), the San Diego Unified Port District (Port), the San Diego County Regional Airport Authority (Airport), and the incorporated cities of San Diego, Carlsbad, Chula Vista, Coronado, Escondido, Imperial Beach, La Mesa, San Marcos, Del Mar, El Cajon, Encinitas, Lemon Grove, National City, Oceanside, Poway, Santee, Solana Beach, and Vista (Cities), collectively called Copermittees, establishes the shared program responsibilities of each party with respect to compliance with the National Pollutant Discharge Elimination System (NPDES) stormwater permit regulations administered by the United States Environmental Protection Agency (U.S. EPA) under the authority granted by the Federal Water Pollution Control Act (Clean Water Act) 33 USCA 1251 et seq. as amended.

RECITALS
WHEREAS, in 1987 Congress amended Section 402 of the Federal Water Pollution Control Act (33 USCA §1342p) to require the U.S. EPA to promulgate regulations for applications for permits for stormwater discharges; and
WHEREAS, the U.S. EPA adopted final permit regulations on November 16, 1990; and

WHEREAS, these permit regulations require the control of pollutants from stormwater discharges by requiring an NPDES permit, which would allow the lawful discharge of stormwater into waters of the United States; and

WHEREAS, the County, the Port, the Airport, and the Cities desire to implement an integrated stormwater management program with the objective of improving surface water quality in the County of San Diego, but do so without waiving and expressly subject to any and all objections and appeals made by any Copermittee in response to any NPDES Permit; and

WHEREAS, the California State Water Resources Control Board (CSWRCB) as designee of the U.S.

EPA has delegated authority to the San Diego Regional Water Quality Control Board (Regional Board) for administration of the NPDES stormwater permit within the boundaries of its region; and

WHEREAS, on, May 8, 2013, the Regional Board issued an NPDES permit as Order No. R9-2013-0001, as amended by Order Nos. R9-2015-0001 and R9-2015-0100, NPDES No. CAS0109266, (Permit) governing waste discharge requirements for stormwater and urban runoff from the County, the Port, the Airport, and the Cities, naming these entities as Copermittees; and

WHEREAS, said Permit requires that the Copermittees cooperate in the implementation of various Water Quality Improvement Plans and watershed management strategies to comply with the Permit and any future amendments and/or reissuances thereto.

Attachment 2

San Diego Regional Stormwater Copermittees MOU - 2 - Fifth Amended: [date] NOW, THEREFORE, the parties hereto do mutually agree as follows:

I. DEFINITIONS
At Large means representing all of the Copermittees of this MOU.

Chair means presiding over and providing leadership and direction to a Working Body. This includes serving as a point of contact to external entities such as Regional Board staff, stakeholders, and industry groups, soliciting group input on and developing meeting content, facilitating meetings, and coordinating with the Secretary or Working Body Support staff to finalize work products for distribution to the Working Body. Chair responsibilities may also be divided between Co-Chairs.

Contract Administration means developing, soliciting, awarding, negotiating, and managing contracts.

Consensus means general agreement reached between the participants of a Working Body.

Copermittee, for the purposes of this agreement, means a stormwater agency located within San Diego County identified in Table 1a of the 2013 Permit, as amended.

Default Formula is the formula by which shared costs budgets for Regional General Programs or Watershed General Programs identified in Table 1 of this MOU are calculated, as described in Section II.B.1.a.(1).

Direct Costs mean those costs directly related to the development of a work product, and/or to the performance of a particular function or service. Direct Costs may include the wages of Copermittee employees engaged in an activity and the cost of materials or supplies, and/or contracts or consultants, needed to support that activity. Depreciation, equipment, and office space are not considered Direct Costs.

Fiscal Year starts on July 1 and ends on June 30 of the following year.

General Programs are collaborative urban runoff management activities which are (1) mandated by or necessary to implement requirements of the Permit, (2) necessary to anticipate the requirements, or prepare for renewal, of the Permit, (3) required to comply with Regional Board Orders or other directives required of Copermittees as point-source dischargers of urban runoff (e.g., 13267 Orders, Total Maximum Daily Loads, etc.), or (4) other stormwater and/or watershed management activities conducted with the unanimous approval of Copermittees sharing the cost or responsibility.

In-kind Contribution means a non-monetary contribution that can be used to satisfy an equivalent monetary obligation. Examples of In-kind Contributions are equipment or services provided for use.

Program Planning Subcommittee or Planning Subcommittee is composed as described in Section III.C.4 and 5.

Regional General Program(s) are activities that apply to all Copermittees, or that provide a regional benefit to Copermittees as determined by the Regional Management Committee.

Regional Principal Permittee is the County of San Diego unless another Regional Principal Permittee is selected in accordance with Section III.A. In addition to the responsibilities of all Copermittees described in Section II, the Regional Principal Permittee provides general coordination for the development and implementation of Regional General Programs, including the specific tasks and responsibilities described in Section III.A.1.b.

Regional Stormwater Management Committee or Management Committee is composed as described in Section III.B.2.

Regional Work Plan is a work plan that is one or more of the following: (1) developed and adopted annually for the purpose of conducting regional business to implement requirements of the Permit, (2) necessary to anticipate the requirements, or prepare for renewal, of the Permit, (3) required to comply with Regional Board Orders or other orders, directives, and/or regulatory mandates required of

San Diego Regional Stormwater Copermittees MOU - 3 - Fifth Amended: [date] Copermittees as dischargers of municipal stormwater (e.g., 13267 Orders, Total Maximum Daily Loads, etc.), or (4) other stormwater and/or watershed management activities conducted with the unanimous approval of Copermittees sharing the cost or responsibility.

Representative means a Copermittee staff member or consultant who serves as a point of contact and/or participant in the activities of a Working Body on behalf of the Copermittee. Except as described in Section III.B (Regional Stormwater Management Committee), Representatives are not required to attend meetings, but are expected to maintain a reasonable knowledge of, and involvement in, the activities of the Working Body. To the best of their ability each Copermittee Representative should have expertise and knowledge in the subject matter of each applicable Working Body.

Secretary means a person who takes responsibility for the records, correspondence, minutes or notes of meetings, and related affairs of a Working Body. This includes: maintaining group contact lists; preparing and sending out meeting notifications and agendas; arranging for meeting rooms and equipment; taking, preparing, and finalizing meeting minutes or notes; and, coordinating with the Chair or Working Body Support staff to organize and distribute work products to the Working Body.

Simple Majority means at least one-half (50%) of applicable Copermittees, rounded up to the nearest integer, or plus one where the number of Copermittees is even. For the purposes of this MOU, a simple majority may never be less than three Copermittees.

Shared Cost Budget is one that is agreed upon and shared by Copermittees for the purpose of conducting stormwater regulatory activities, and can be developed at a watershed, regional or other scale. The timeframe of shared cost budgets may be annual (fiscal year) or multi-year.

Special Formula means any cost share formula that differs from the Default Formula in the selection or weighting of individual factors or in the methodology used to calculate one or more of them.

Three-fourths Majority means at least three-fourths (75%) of applicable Copermittees, rounded up to the nearest integer. For the purposes of this MOU, a Three-fourths Majority may never be less than three Copermittees.

Two-thirds Majority means at least two-thirds (67%) of applicable Copermittees, rounded up to the nearest integer. For the purposes of this MOU, a Two-thirds Majority may never be less than three Copermittees.

Urbanized Land Area means the total of all SANDAG land uses within the geographic area, subject to the cost share, excepting therefrom, the following coded land uses: 1403 Military Barracks; 4102 Military Airports; 6700 Military Use; 6701 Military Use; 6702 Military Training; 6703 Military Weapons; 7209 Casinos; 7603 Open Space Reserves, Preserves; 7609 Undevelopable Natural Areas; 9200 Water; 9201 Bays, Lagoons; 9202 Inland Water; and 9300 Indian Reservations.

Voting Member means a Copermittee or Watershed Copermittee acting as an at-large representative responsible for voting on items as described in Section III.B. and Section III.C. of this MOU.

Watershed Copermittee means any Copermittee that is identified both as a Copermittee under Table 1.a of the Permit and a Responsible Copermittee under any Watershed Management Area as defined in Table B-1 of the Permit.

Watershed General Programs are activities that apply to the Copermittees comprising any individual Watershed Management Area (WMA) defined in Table B-1 of the Permit, or providing a general benefit to Copermittees within the WMA as determined by a Working Body.

Working Body means Committees, Subcommittees, and Sub-working body(s) such as Ad-Hoc Subcommittees assembled to conduct specific tasks required by, for, or in furtherance of, compliance with the Permit.

San Diego Regional Stormwater Copermittees MOU - 4 - Fifth Amended: [date] II. RESPONSIBILITIES OF ALL COPERMITTEES
The following apply to General Programs.

A. Performance and Reimbursement of Tasks

1. Any individual Copermittee performing tasks necessary to fulfill budgeted General Program responsibilities for a Working Body is entitled to reimbursement of the costs incurred in accordance with section II.B.

2. Any Copermittee performing contract administration tasks to fulfill budgeted General Program responsibilities for a Working Body is entitled to reimbursement of contract management costs at a rate of 5% of the total contract cost or as otherwise agreed on by the participating Copermittees.

3. Any Copermittee performing tasks other than contract administration or voluntarily serving as a Working Body Chair, Co-chair, or Secretary, is entitled to reimbursement of the Direct Costs of performing those services in accordance with section II.B.

4. A Copermittee shall not be obliged to conduct work, enter into any contract, continue with any work or contract, or incur any other cost on behalf of other Copermittees if each Copermittee has not contributed the funds that it is obliged to contribute toward the activity or program, or if the Copermittee has not received adequate assurances that such funds will be received before payments become due. The Copermittee shall have sole discretion to determine whether assurances that require funds will be timely received or adequate.

5. A member of a Working Body providing Working Body Support may terminate those obligations for convenience, but shall first make a good faith effort to carry out or transfer existing responsibilities to another party by providing written notification of termination to the Copermittees within the Working Body 90 days prior to the intended date of termination.

B. Fiscal Responsibilities

1. Division of Shared General Program Costs

a. Prior to the allocation of shared costs, each proposed or approved budget task or sub-task shall be identified as either a Regional General Program cost or a Watershed General Program cost, and the Copermittees sharing that cost shall be identified. The cost of any particular budget element shall be subject to the approval of only the Copermittees to which it applies. The associated costs shall be divided among participating Copermittees as described below.

(1) Default Formula. Shared costs shall be divided according to a Default Formula of 45% Urbanized Land Area, 45% Population, and 10% Equal Division unless a Special Formula is approved by the Copermittees to which the cost applies. This formula applies only to the geographic boundary of the Regional General Program or Watershed General Program being considered.

(a) Population costs shall be divided among the Copermittees as follows:

Whenever any geographic portion of the Port or Airport jurisdiction(s), respectively, lies(s) within the geographic area to which the shared program or activity is applicable, the Port or Airport, respectively, will each pay a fixed

0.5% of total Population costs. The remaining percentage of the population costs shall be divided among Copermittees by dividing the total population of each Copermittee by the combined total Copermittee population within the geographic area applicable to the shared program or activity. These percentages shall be calculated at least once every 5 years using the most recently available population data available from the San Diego

San Diego Regional Stormwater Copermittees MOU - 5 - Fifth Amended: [date] Association of Governments (SANDAG), unless more recent data are available from an equivalent source such as the U.S. Census Bureau, and are determined to be acceptable by the Copermittees sharing the cost. (b) Urbanized Land Area costs shall be divided among Copermittees by dividing the total Urbanized Land Area of each Copermittee by the combined total Urbanized Land Area of all participating Copermittees within the geographic area applicable to the shared program or activity. Urbanized Land Area shares shall be calculated using the most recently available San Diego Association of Governments (SANDAG) land use statistics. The Urbanized Land Area share for the County shall include those urbanized lands in the unincorporated portion of the County that are west of the County Water Authority (CWA) service area boundary as it exists on the date of this MOU or as formally amended by the CWA.
(c) Ten Percent (10%) of the total cost to be shared shall be divided equally amongst all of the Copermittees.
(d) Modification of the Default Formula requires the unanimous vote of all Copermittees. For cost sharing that applies only to a group that contains fewer than all Copermittees, a unanimous vote is required of all affected Copermittees.
(2) Special Formulas. Special Formulas may be applied to any shared Regional or Watershed General Program cost and require the unanimous vote of the Copermittees participating in the cost.
(3) In-kind Contributions. Subject to approval by the Copermittees participating in a particular shared General Program budget, a Copermittee may provide an In-kind contribution of equal value rather than a monetary contribution toward all or part of the cost of an activity. Copermittee In-kind contributions may include Working Body Support.

2. Work Plans and Shared Cost Budgets

a. Limitations on Cost-sharing

General Program activities that are cost-shared by all Copermittees include collaborative municipal stormwater and watershed management activities which are (1) mandated by or necessary to implement requirements of the Permit, (2) necessary to anticipate the requirements, or prepare for renewal, of the Permit, (3) required to comply with Regional Board Orders or other directives required of Copermittees as dischargers of municipal stormwater (e.g., 13267 Orders, Total Maximum Daily Loads, etc.), or
(4) other watershed management activities conducted with the unanimous approval of Copermittees sharing the cost or responsibility.

Examples of such activities include:
(1) Development or implementation of any program requirements of the MS4 Permit, such as, the BMP Design Manual, regional education and outreach, or Water Quality Improvement Plans;

San Diego Regional Stormwater Copermittees MOU - 6 - Fifth Amended: [date] (2) Public participation activities, such as facilitating public meetings and workshops;
(3) Program assessment;
(4) Plan updates;
(5) Water quality monitoring, assessment and reporting; (6) Annual reporting, including establishment and management of data and information clearinghouses;
(7) Preparation of technical analyses, recommendations and comments regarding the MS4 Permit, total maximum daily loads, and other relevant storm water quality regulations;
(8) Preparation of documents required by the MS4 Permit, such as Reports of Waste Discharge; and
(9) Special studies related to storm water quality-related pollutants, their sources, and potential best management practices.
b. Work Plans and Shared Cost Budgets
(1) No later than October 31st of each year, each Working Body shall prepare and submit to the Planning Subcommittee a proposed Work Plan and Shared Costs Budget for the upcoming Fiscal Year.
(2) Each Work Plan shall identify the parties that will serve as a Working Body Chair, Cochair, or Secretary for the upcoming Fiscal Year. These assignments will be served on a fiscal year basis and shall be for a minimum term of one year. (3) A Copermittee may not be compelled to act, or continue acting, as a Working Body Chair, Co-chair, or Secretary, and may at any time terminate an existing assignment. Before doing so, the Copermittee shall first make a good faith effort to carry out or transfer existing responsibilities.
(4) Each budget shall describe major tasks, schedules, and projected costs, which Copermittees will provide Working Body Support, Contract Administration, Inkind contributions, and any other information applicable to regional general program costs.
(5) To ensure that each Copermittee governing body has sufficient time to consider fiscal impacts, the Planning Subcommittee shall prepare a consolidated draft Regional Work Plan and Shared Costs Budget no later than December 31st of each year for the Regional General Programs. After consideration of comments and discussion, a final Regional Work Plan and Shared Costs Budget shall be prepared, approved by the Management Committee, and distributed to the Copermittees no later than January 31st of each year. The consolidated Regional Work Plan and Shared Costs Budget shall also identify the party or parties serving as Regional General Program operations fund managers.
(6) Modifications to any adopted Regional Work Plan and Shared Costs Budget that will result in an overall increase in cost require the approval of the Regional Management Committee.
(7) Copermittees from each Working Body, for which costs will be shared, shall prepare, agree upon and distribute to the participating Copermittees in that watershed, a watershed work plan and Shared Costs Budget. (8) Approval of the Shared Costs Budget for each fiscal year is subject to approval by Copermittee governing bodies as part of their regular annual budgeting process.

3. Cumulative Budget Limits

San Diego Regional Stormwater Copermittees MOU - 7 - Fifth Amended: [date]

a. The total Shared Cost Budget authorized under this MOU may not exceed the cumulative limits specified for each spending category in Table 1. These values represent the maximum amount that may be cost-shared for each spending category for the duration of this MOU. They do not represent funding commitments. Once a cumulative limit has been reached, the Copermittees must establish separate agreements for sharing additional costs for that budget category. The estimated annual limits shown for each fiscal year are for planning purposes only. Where an estimated annual limit is not reached in any fiscal year, the surplus amount may be carried over into subsequent fiscal years, so long as the cumulative limit is not exceeded. Budget limits apply only to their designated budget category. They may not be exchanged or credited across budget categories. Spending in each budget category may not exceed the applicable cumulative limit under any circumstances.

San Diego Regional Stormwater Copermittees MOU - 8 - Fifth Amended: [date] Table 1: Not-to-exceed Limits by Budget Category
FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 Cumulative Limit
Regional Budgets $1,082,501 $1,114,976 $1,148,425 $1,182,878 $1,218,364 $5,747,144

San Luis Rey, SLR $753,250 $1,740,123 $1,153,722 $843,838 $1,287,738 $5,778,671 Carlsbad, CAR $572,785 $1,129,049 $1,159,676 $1,052,999 $1,055,576 $4,970,085 San Dieguito, SDG $755,662 $564,235 $481,502 $428,530 $438,369 $2,668,298 Los Penasquitos,
LPQ $843,685 $674,499 $584,117 $617,617 $632,619 $3,352,537 San Diego River,
SDR $1,783,600 $2,795,208 $2,260,918 $1,839,693 $2,926,208 $11,605,627 San Diego Bay,
SDBay $952,200 $855,500 $910,800 $936,100 $836,050 $4,490,650 Tijuana, TJ $691,200 $626,400 $635,850 $681,750 $619,650 $3,254,850 Bacteria TMDL
(Cities of Carlsbad,
Del Mar, El Cajon,
Encinitas, Escondido,
La Mesa, Lemon
Grove, Oceanside,
Port of San Diego,
Poway, San Diego, San
Marcos, Santee, Solana
Beach, Vista and the
County of San Diego. $20,000 $20,000 $20,000 $20,000 $20,000 $100,000 Total Watershed
Management Area
(WMA) Budgets $6,372,382 $8,405,014 $7,206,585 $6,420,527 $7,816,210 $36,220,718 Total WMAs +
Regional Budgets $7,454,883 $9,519,990 $8,355,010 $7,603,405 $9,034,574 $41,967,862

San Diego Regional Stormwater Copermittees MOU - 9 - Fifth Amended: [date]

4. Management and Payment of Funds
a. For Regional General Programs, the Copermittees shall each pay a yearly assessment into one or more Regional General Program operations funds for their respective portion of any Regional Shared Costs Budget approved pursuant to this MOU and based on the Default Formula. The Regional General Program operations fund shall be managed by the Regional Principal Permittee, or any other Permittee on approval of the Copermittees. b. For Watershed General Programs, the applicable watershed Copermittees shall each pay an assessment into one or more Watershed General Program operations funds for their assigned portion of any watershed shared costs budget approved pursuant to this MOU and based on the Special Formula applicable to that watershed. Each Watershed General Program operations fund shall be managed by the watershed lead permittee, or any other watershed permittee on approval of the participating Copermittees. c. The Copermittee managing each General Program operations fund shall provide budget balance and expenditure status reports following the end of each fiscal year. This shall include a detailed accounting of all costs and expenses in accordance with the accepted work plan and Shared Costs Budget, including those incurred by Copermittees providing Working Body Support, contracting services, In-kind services, or other applicable costs. d. Each Copermittee shall pay invoices within 60 days of receipt from the Copermittee managing the applicable General Program operations fund. e. Funds collected and not expended in any fiscal year shall be credited to the Copermittees’ share of the next fiscal year’s costs in accordance with the Copermittees’ defined shared costs.
f. Copermittees providing Working Body Support, Contract Administration, In-kind services, or incurring other budgeted costs on behalf of other Copermittees shall provide documentation of those expenses as requested by the Copermittee managing the applicable General Program operations fund. They shall only receive credit for those expenses if a detailed accounting of all costs and expenses meeting the minimum standards agreed upon by the Copermittees has been provided. g. Differences in the approved actual cost of expenses from those budgeted shall be either credited or added as appropriate to the amount of the Copermittees’ share. In the event that any Copermittees' share of the next fiscal year's costs is less than the amount to be credited, the difference shall be refunded to the Copermittee. Refunds shall be provided to Copermittees no later than 90 days after final accounting.

At its discretion, a Copermittee managing a General Program operations fund may, prior to the completion of a fiscal year, make payment to any Copermittee providing Working Body Support, Contract Administration, In-kind services, or incurring other budgeted expenditures on behalf of other Copermittees so long as all of the conditions of Section II B.4.f above have been satisfied and there are sufficient funds available to make a payment without requiring additional contributions or jeopardizing program objectives. If for some reason excess payment is made, the Copermittee receiving the payment agrees to return the additional payment without any recourse against the managing Copermittee.

III. REGIONAL GENERAL PROGRAMS
In addition to the requirements of Section II, the following apply to Regional General Programs.

A. Regional Principal Permittee

1. The County is hereby designated Regional Principal Permittee (Principal Permittee).

San Diego Regional Stormwater Copermittees MOU - 10 - Fifth Amended: [date] a. The County or any other Copermittee may not be compelled to act, or continue acting, as Principal Permittee. A Copermittee may at any time terminate its assignment as Principal Permittee but shall first make a good faith effort to carry out or transfer existing responsibilities.
b. In addition to the responsibilities of all Copermittees described in Section II, the Principal Permittee shall provide general coordination for the development and implementation of Regional General Programs, including the following tasks and responsibilities:
(1) Establish, chair, and provide overall coordination and leadership of the Regional Stormwater Management Committee (Management Committee) and the Regional Program Planning Subcommittee (Planning Subcommittee).
(2) Maintain a current contact list of Copermittees and interested parties. (3) Maintain knowledge of and advise the Copermittees regarding current and proposed state and federal policies, regulations, and other NPDES programs; assist the Copermittees in the development and presentation of positions on these issues before local, state, and federal agencies.

B. Regional Stormwater Management Committee

1. The purpose of the Regional Stormwater Management Committee (Management Committee) is to develop, approve, and coordinate municipal stormwater and watershed management, and to explore issues of regional significance.

2. The Management Committee shall consist of one Representative of each Copermittee. Each Copermittee shall have one vote.

3. The Management Committee shall meet at least annually.

4. At a minimum, the Management Committee shall have the following responsibilities:
a. Address common issues, promote consistency among jurisdictional and watershed programs, and plan and coordinate activities required under the Permit; b. Develop, implement, and arrange for implementation of Regional General Programs; c. Provide a general forum for informing and receiving input from stakeholders and interested parties;
d. Provide a forum for public participation in the development and implementation of regional urban runoff management programs and activities; e. Review specific issues pertaining to Working Bodies, make recommendations, or conduct work in support of shared regional priorities or objectives; f. Formally approve the recommendations, work products, and deliverables of Working Bodies presented for consideration;
g. Adopt an Annual Regional Work Plan and Shared Costs Budget in accordance with the budgetary limits set forth in Table 1;
h. Approve an Annual Regional Work Plan and Shared Costs Budget; and i. Approve year-end Budget Balance and Expenditure Status Reports.

5. The Management Committee shall be chaired by the Principal Permittee or may alternatively be chaired or co-chaired by any other Copermittee. A reassignment or change in the responsibilities of the Principal Permittee requires a three-fourths majority approval of all Copermittees.

6. Voting Requirements for the Management Committee

San Diego Regional Stormwater Copermittees MOU - 11 - Fifth Amended: [date] a. For a meeting or a vote to be held, a quorum of a Two-thirds Majority of voting representatives of the Management Committee must either be present or participate remotely via legally acceptable electronic communication (telephone, voice over internet protocol, etc.).
b. Management Committee voting shall not be conducted outside of meetings (e.g., by email).
c. For a motion to be approved, an affirmative vote of a Simple Majority of the Management Committee is needed.
d. On approval of the Management Committee, activities undertaken by a subset of Copermittees, but providing a regional benefit to Copermittees, may be considered Regional General Programs.
e. Approval of any shared cost requires a unanimous vote of all Copermittees participating in the cost.

C. Regional Program Planning Subcommittee

1. The purposes of the Planning Subcommittee shall be to provide regional coordination of urban runoff management activities, to develop and implement Regional General Programs, and to coordinate the activities of Working Bodies.

2. At a minimum, the Planning Subcommittee shall have the following responsibilities:
a. Serve as an intermediary between the Management Committee and other Copermittee Working Body(s);
b. Plan and coordinate Management Committee meetings;
c. Review specific issues pertaining to Regional Working Body(s), make recommendations, or conduct work in support of shared regional priorities or objectives; d. Oversee, coordinate, and track the progress of As-Needed Regional Working Body(s) in developing specific work products, responding to information requests, and completing tasks;
e. Establish and maintain a calendar of Copermittee meetings and events; f. Conduct regional program planning including developing an Annual Regional Work Plan and Shared Costs Budget for Management Committee consideration and approval; g. Review and recommend Management Committee approval of work products, recommendations, and requests of Regional Working Body(s) for consideration and approval;
h. Annually receive, review, comment on, and consolidate the recommended Work Plans and Shared Costs Budgets of each Regional Working Body(s); i. Coordinate and liaise with Regional Board staff, stakeholders, regulated parties, and other interested parties to identify and explore key regional issues and concerns. j. Provide Representation to the California Stormwater Quality Association (CASQA); k. Provide representation or participation for other professional organizations and societies as appropriate and feasible;
l. Provide regular updates to Copermittees and interested parties via Management Committee meetings or other appropriate means (e-mail, etc.); and m. Provide subject area input as needed for the development, implementation, review, and revision of General Programs, and the development of associated reports and work products.

3. The Planning Subcommittee shall be chaired by the Principal Permittee or may alternatively be chaired or co-chaired by any other Copermittee upon approval of the Management Committee.

San Diego Regional Stormwater Copermittees MOU - 12 - Fifth Amended: [date]

4. Planning Subcommittee meetings shall be open to all Copermittees; however, voting membership in any year shall be limited to one representative of each Watershed Management Area (WMA) listed in Permit Table B-1 except the South Orange County WMA. Any Copermittee may only represent one WMA as a voting member of the Planning Subcommittee. For each fiscal year, each WMA will designate a Copermittee as a voting member of the Planning Subcommittee prior to the beginning of that fiscal year. Each WMA may also designate an alternate voting member.

5. Each voting member shall be considered an at-large member. Their purpose is to represent the interests of all Copermittees of this MOU rather than those of their specific WMAs.

6. The Planning Subcommittee may not alter the responsibilities of, or impose new fiscal obligations on, any Copermittee or Working Body, except as approved by the Management Committee.

However, the Planning Subcommittee may approve changes to approved Annual Regional Work Plans and Shared Costs Budgets within approved annual budget limits.

7. Voting Requirements for the Planning Subcommittee:
a. The Planning Subcommittee shall only make advisory recommendations for items requiring Management Committee approval.
b. The Planning Subcommittee may use any voting methodology it deems appropriate to develop advisory recommendations or conduct other business, and, shall present minority or dissenting recommendations for consideration by the Management Committee as applicable.

IV. DISPUTE RESOLUTION
Should a dispute arise among any of the parties regarding any matter related to this MOU, the parties agree to first meet and confer in good faith to attempt to resolve the dispute. If that fails to resolve the dispute, they shall submit the matter to mediation.

1. Mandatory Non-binding Mediation. If a dispute arises out of, or relates to this MOU, or the breach thereof, and if the dispute cannot be settled through the meet and confer process as described above, the Parties agree to attempt to settle the dispute in an amicable manner, using mediation under the Mediation Rules of the American Arbitration Association [AAA] or any other neutral organization agreed to by the parties. A mediation session is required before having recourse in a court of law. The cost of mediation shall be borne by the parties equally.

2. Selection of Mediator. A single Mediator that is acceptable to all Parties shall be used to mediate the dispute. The Mediator may be selected from lists furnished by the AAA or any other agreed upon Mediator. To initiate mediation, the initiating Party shall serve a Request for Mediation on the opposing Party.

3. Conduct of Mediation Sessions. Mediation hearings will be conducted in an informal manner and discovery will not be allowed. All discussions, statements, or admissions in the mediation process will be confidential settlement negotiations under Ca. Evidence Code section 1152. The Parties may agree to exchange any information they deem necessary. a. Both Parties must have an authorized representative attend the mediation. Each representative must have the authority to recommend entering into a settlement. Either Party may have attorney(s) or expert(s) present.
b. Any agreements resulting from mediation shall be documented in writing. All mediation results and documentation, by themselves, shall be “non-binding” and inadmissible for any purpose in any legal proceeding, unless such admission is otherwise agreed upon, in

San Diego Regional Stormwater Copermittees MOU - 13 - Fifth Amended: [date] writing, by both Parties. Mediators shall not be subject to any subpoena or liability and their actions shall not be subject to discovery.

V. GENERAL PROVISIONS
A. Term of Agreement

1. This MOU shall become effective on the date the last party executes the MOU.

2. The life of the MOU shall be effective through August 2029, or with the life of the current Permit plus twelve months, whichever is longer. For purposes of this paragraph, any Permit renewal or replacement after May 2024 shall be considered a new permit; any earlier amendment of the Permit increasing the obligations of the Regional Principal Permittee or a Watershed Lead Permittee may at that Copermittee’s sole option, be declared to be a new permit; and the Management Committee shall determine whether any other earlier amendment to the Permit is of such significance as to effectively be a new Permit.

B. Withdrawal of Copermittee

1. Participation in this MOU may be withdrawn by any Copermittee for any reason only after the Copermittee complies with all of the following conditions of withdrawal:
a. The Copermittee shall notify all of the other Copermittees in writing 90 days prior to its intended date of withdrawal.
b. Any expenses associated with withdrawal, including but not limited to, filing and obtaining the withdrawing Copermittee’s individual NPDES permit and the amendment of the Permit will be solely the responsibility of the withdrawing Copermittee. c. The withdrawing Copermittee shall be responsible for their portion of any shared costs incurred according to the conditions of this MOU up to the time that each of the conditions in Section V.B.1.a. has been met.
d. Any monies paid by withdrawing Copermittee in excess of the amount due under the terms of the MOU shall be refunded to the Copermittee at the time the withdrawal becomes final as set forth in Section V.B.1.a.
e. The withdrawing Copermittee shall not be entitled to participate in the division of proceeds in any reserve fund account when the MOU is dissolved.

C. Non-Compliance with MOU Requirements

1. Any participant to this MOU found to be in non-compliance with the conditions of this MOU shall be solely liable for any lawfully assessed penalties resulting from such non-compliance.

Failure to comply with MOU conditions within specified or agreed upon timelines shall constitute non-compliance with the MOU.

2. Limitations on Use of Funds. Notwithstanding the rights and obligations of the Parties created by this MOU, no Party may be found in breach of this MOU where compliance would require that Party to violate any law or grant assurance, including but not limited to provisions of the Federal Aviation Administration 1999 Policy and Procedure Concerning the Use of Airport Revenue [64Fed. Reg. 7696, dated Feb. 16, 1999]; the Airport and Airway Improvement Act of 1982 codified at 49 U.S.C. § 47107(b); the Federal Aviation Administration Authorization Act of 1994, P.L. 103-305 (Aug. 23, 1994); the Airport Revenue Protection Act of 1996, Title VIII of the Federal Aviation Administration Act of 1996, P.L. 104-264 (Oct. 9, 1996), 110 Stat. 3269 (Oct. 9, 1996); 49 U.S.C. § 46301(n)(5); and 49 U.S.C. § 47133. The Parties recognize that the Authority has received federal Airport Improvement Project (“AIP”) grants containing grant assurance 25,

San Diego Regional Stormwater Copermittees MOU - 14 - Fifth Amended: [date] which provides: “All revenues generated by the airport will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport.”
D. Amendments to the Memorandum of Understanding
This MOU may be amended only by unanimous vote of approval of all 21 Copermittees at a meeting of the Regional Management Committee. No amendment shall be effective unless it is in writing and signed by the duly authorized representatives of the Copermittees.

E. Governing Law
This MOU shall be governed and construed in accordance with the laws of the State of California. If any provision or provisions shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

F. Headings
The headings used throughout this MOU are for convenience only and do not in any way limit or amplify the terms or provisions of the MOU.

G. Consent and Breach Not Waiver
No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Copermittee to have waived or consented. Any consent by any Copermittee to, or waiver of, a breach by the other, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach.

H. No Indemnification

1. Each Copermittee shall have the sole responsibility to comply with the Permit.

2. Each Copermittee shall pay all fines, penalties, and costs which may arise out of such Copermittee’s non-compliance with the Permit.

3. By entering into this MOU, no Copermittee assumes liability for claims or actions arising out of the performance of any work or actions or omissions, by any other Copermittee, its agents, officers, and employees under this MOU.

4. By entering into this MOU, each Copermittee agrees to defend itself from any claim, action or proceeding arising out of the acts or omissions of itself and retain its own legal counsel and bear its own defense costs.

I. Application of Prior Agreements
This MOU constitutes the entire Agreement between the parties with respect to the subject matter; all prior agreements, representations, statements, negotiations, and undertakings are superseded hereby.

J. Right to Audit
Each Party retains the right to review and audit, and the reasonable right of access to other Parties’ respective premises to review and audit the other Parties’ compliance with the provisions of this MOU (Party’s Right). The Party’s Right includes the right to inspect and photocopy same, and to retain copies, outside of the Parties’ premises, of any and all records, including any and all books, records, and documents, related to this MOU with appropriate safeguards, if such retention is deemed necessary by the

San Diego Regional Stormwater Copermittees MOU - 15 - Fifth Amended: [date] auditing Party in its sole discretion. This information shall be kept by the auditing Party in the strictest confidence allowed by law.

K. Execution of Agreement
This MOU may be executed in counterpart and the signed counterparts shall constitute a single instrument. In the event that any Copermittee is unable to execute this amendment prior to August 31, 2024, execution of this amendment after that date shall constitute ratification of this amendment, and the MOU and extensions shall be in effect once all signatures are obtained.

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January 17, 2024
ITEM TITLE: RESOLUTION 2024-003 AUTHORIZE CITY MANAGER TO ENTER INTO A

CONTRACT WITH WILLDAN ENERGY SOLUTIONS TO COMPLETE SERVICES FOR ENERGY MODERNIZATION EFFORTS AT CITY FACILITIES. (0230-20 & 0910-90) ORIGINATING DEPARTMENT:

Environmental & Natural Resources
EXECUTIVE SUMMARY:

State law empowers local agencies to engage energy services consultants to oversee the entire lifecycle of energy efficiency and generation projects, from design and engineering to procurement, construction, and installation, provided they yield operational cost savings. This proposed contract will allow the City to initiate work with an energy services consultant.

The City advertised a Request for Qualifications (“RFQ”) on December 12, 2023 to obtain a consultant. The RFQ's objective was to seek a highly qualified firm with the ability and experience to provide assessment and turnkey design-build energy services.

The City sought to partner with an entity that has demonstrated experience and capabilities to provide holistic, turnkey savings projects, renewable generation and energy storage projects, and ability to arrange for and/or self-finance projects. The City received two proposals from qualified energy services consultants. After reviewing the proposals and interviewing the applicants, staff recommends that the City proceed with Willdan Energy Solutions to provide services for the development of energy efficiency and generation related projects at city facilities.

The first step in this work is to complete what is called an investment grade audit of potential projects to identify costs, scope of work, and cost savings associated with each energy related project. The potential projects include: a solar system for City Hall, solar system for Sports Park, new electric vehicle charging at various public facilities, and LED replacement of ballfield lighting at Sports Park. It will take approximately 6 months to complete an investment grade audit for these projects, at which time the City in its sole and absolute discretion will review the results and decide if it wishes to move forward with the implementation of any of the proposed projects.

RECOMMENDATION:

Staff is recommending that the City Council approve Resolution 2024-003 authorizing the City Manager or designee to enter into a professional services agreement with Willdan Energy Solutions to complete services for energy modernization efforts at city facilities.

P a g e | 2
OPTIONS:
 Approve Resolution No. 2024-003 to authorize the City Manager or designee to enter into a contract with Willdan Energy Solutions;
 Request additional information from staff; or
 Reject Resolution No. 2024-003 and hold off on implementation of energy efficiency and energy generation projects at this time
BACKGROUND/ANALYSIS:

The City of Imperial Beach has worked with various energy service consultants over the years to evaluate energy use and cost saving measures at City facilities, including the installation of solar panels. While the City has successfully completed several small maintenance-related energy efficiency projects, such as LED lighting upgrades and HVAC unit improvements, larger capital projects have remained unaddressed due to financial constraints and competing priorities within the Public Works Department. However, with the City's recent adoption of a Climate Action Plan and the availability of state and federal incentive programs, there is an opportunity to reconsider large-scale energy efficiency and generation projects within the City.

Federal funding provided through the Inflation Reduction Act and the potential for matching state grant funds offer promising prospects for capitalizing on energy-related projects. State law (Government Code sections 4217.10- 4217.18) also presents a unique contracting method, allowing local municipalities to collaborate directly with energy services consultants, streamlining project development and procurement processes, which can expedite the implementation of energy efficiency and energy generation projects while ensuring operational cost savings. The primary objective of these contracts is to accelerate the execution of projects aimed at reducing carbon emissions.

Recognizing the need for specialized assistance in the City to develop energy efficiency and electrification projects aligned with Climate Action Plan goals, several initiatives are currently under consideration. These include potentially implementing a solar system for City Hall, installing a solar system at the Sports Park, introducing new electric vehicle charging stations at various public facilities, and replacing ballfield lighting at the Sports Park with LED fixtures. To identify the most suitable partner for these projects, the City issued a Request for Qualifications on December 12, 2023, and received two proposals from qualified Energy Services consultants. After thorough evaluation of the proposals and interviews with the applicants, staff recommends Willdan Energy Solutions to assist the City in developing energy efficiency and generation-related projects at its facilities.

The next step to get these projects moving is to start a formal contract with Willdan to conduct an investment grade audit to identify costs, scope of work, and cost savings associated with each energy-related project. During this process Willdan will also help the City identify and help apply for state and federal funding programs that support implementation of projects. If the audit and assessment conclude that the cost to implement energy efficiency improvements can be entirely paid through energy cost savings, the City could enter into a single source contract with Willdan to implement improvements determined and approved by the City to be viable on both a short and long-term basis. Under this scenario, the City would negotiate an energy services contract with Willdan. With approval and authorization from the City Council, Willdan will prepare design plans and specifications, identify financing options, bid the project and hire contractors to construct energy improvements for the City. All project design, construction administration, and profit would be built into the total project costs to the City and paid for through energy cost savings.

The following project phases are anticipated:

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1. Facility Building Audits: Willdan will conduct an investment-grade audit, identify costsaving measures and define the project scope, cost, savings, and cash flow over the financing term. A project proposal aggregating measures for guaranteed savings financing will be presented.

2. Project Development: This stage involves an engineering assessment, design, project budgeting, financial options exploration, City Council consideration for project selection and financing instruments, and the establishment of performance guarantees through an Energy Savings Performance Contract.

3. Project Implementation: If projects are approved by the City, this phase encompasses procurement, construction, commissioning, and construction management.

4. Ongoing Operation & Maintenance: If projects are approved by the City, Willdan will identify management strategy options for ongoing operations, maintenance, and performance guarantees
ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

The contract will be structured such that the costs for Willdan’s services to perform the investment grade audit ($25,000) will only be charged to the City if the City decides not to proceed with the implementation of any of the potential projects. Otherwise, if the City does eventually enter into a performance contract for the energy services project implementation, then the investment grade audit fee with be incorporated into the future performance contract costs.

ATTACHMENTS:

1. Resolution No. 2024-003

ATTACHMENT 1
RESOLUTION NO. 2024-003

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

TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH WILLDAN

ENERGY SOLUTIONS FOR SERVICES RELATED TO ENERGY MODERNIZATION EFFORTS

AT CITY FACILITIES
WHEREAS, the City intends to initiate work with an energy services consultant to develop scopes of work, costs, and financing options for energy efficiency and generation projects at City facilities including new solar at City Hall and Sports Park Recreation Center; and WHEREAS, State law empowers local agencies to exclusively engage energy services consultants to oversee the entire lifecycle of energy efficiency and generation projects, from design and engineering to procurement, construction, and installation, provided they yield operational cost savings; and
WHEREAS, the City completed a preliminary assessment of energy use and equipment at City facilities and identified a list of projects to evaluate through a process called an investment grade audit of potential projects, which will identify costs, scope of work, and cost savings associated with each energy related project; and
WHEREAS, the City advertised a Request for Qualifications on December 12, 2023 and received two proposals from qualified energy services consultants; and WHEREAS, after a thorough evaluation of the proposals and interview of the applicants, staff is recommending that the City select Willdan Energy Solutions to assist the City in developing energy efficiency and generation related projects; and
WHEREAS, if the results of the investment grade audit done by Willdan shows that the City can achieve sufficient cost savings to pay for the implementation of the projects, in compliance with California Government Code Sections 4217.10 through 4217.18, then the City may continue working with Willdan Energy Solutions to construct these projects through compliance with applicable laws and procedures.

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

1. The above recitals are true and correct.

2. The City Manager or designee is authorized to negotiate and sign a contract with Willdan Energy Solutions to perform the services.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 17th day of January 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Resolution No. 2024-003

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

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January 17, 2024
ITEM TITLE: RESOLUTION NO. 2024-02 APPROVING AND ADOPTING A TENTATIVE

AGREEMENT FOR A SUCCESSOR MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF IMPERIAL BEACH AND THE SERVICE EMPLOYEE INTERNATIONAL UNION (SEIU), LOCAL 221. (0540-50)
ORIGINATING DEPARTMENT:

Human Resources
EXECUTIVE SUMMARY:

Staff is recommending that the City Council adopt Resolution No. 2024-02 which would approve a tentative agreement (TA) for a successor Memorandum of Understanding between the City of Imperial Beach and Service Employees’ International Union (SEIU), Local 221 for a two-year period starting July 1, 2023, and ending on June 30, 2025. Prior to presenting this resolution to City Council for consideration, the City’s Labor Negotiation Team met and confer in good faith with SEIU to discuss the terms of the Tentative Agreements.

RECOMMENDATION:

Staff recommends approval of Resolution No. 2024-02 that would approve a tentative agreement (TA) for a successor Memorandum of Understanding between the City of Imperial Beach and Service Employees International Union (SEIU), Local 221 for a two-year period starting July 1, 2023, and ending on June 30, 2025.

OPTIONS:
 Adopt Resolution No. 2024-02 as proposed.
 Provide direction to the City Manager to take a specific action.

BACKGROUND/ANALYSIS:

In 2021, the City of Imperial Beach (“City”) and Service Employees International Union (“SEIU”), Local 221, entered a two-year Memorandum of Understanding (“MOU”). Accordingly, the duration of the contract was July 1, 2021, to June 30, 2023. As the contract expired on June 30, 2023, the City of Imperial Beach and SEIU met and confer in good faith in accordance with the MeyersMillas-Brown Act and have reached a tentative agreement (TA) on a fair and equitable package of total compensation for a successor agreement for a new two-year MOU beginning July 1, 2023, and ending on June 30, 2025.

As negotiated, the parties agreed to the following proposed Tentative Agreement for a successor MOU to include, in summary, the following terms:

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1) A new MOU for the period of July 1, 2023, through June 30, 2025; and 2) General language clean-up; and
3) The City agreed to the following salary adjustments:
a. Effective, and retroactive to, July 1, 2023, all miscellaneous full-time and part-time employees in permanent, probationary, seasonal, and variable employees will receive a 5% Cost of Living Adjustment (COLA).
b. Upon the MOU ratification, all full-time employees in the miscellaneous permanent, probationary, seasonal, and variable employees will receive a one-time retention stipend of $2,000.
c. Upon the MOU ratification, all part-time employees in the miscellaneous permanent, probationary, seasonal, and variable employees will receive a onetime retention stipend of up to $1,000. d. Effective July 1, 2024, all miscellaneous full-time and part-time employees in permanent, probationary, seasonal, and variable employees will receive a 3% Cost of Living Adjustment (COLA).
4) A $500 per year pay differential benefit for certain job classifications under the Public Works Department for possessing a valid California Driver’s License Class A or B; and 5) Per California’s expansion on the paid sick leave law requirements, part-time employees will receive 40 hours of paid sick leave per fiscal year; and 6) The addition of the Juneteenth holiday as part of the City recognized holidays and the addition of nine hours (9) of floating holiday to full-time employees; double pay for working on three designated holidays for part-time and full-time employees; and time and a half (1.5) pay for part-time employees for working on five (5) designated holidays; and 7) The ability for full-time employees to sell back up to 40 hours of vacation accruals per fiscal year; and
8) An $75 increase in safety shoe allowance for full-time Public Works employees for a total of $250 per fiscal year; and
9) A 2% increase in education reimbursement benefits for employees working towards obtaining a degree; and
All items were voted on by the organization membership, known as ratification, and subsequently must be approved by the City Council. Once approved by the City Council, the terms of the tentative agreement for the successor agreement will be memorialized in a Memorandum of Understanding and brought back to the City Council in February for approval.

A fully executed copy of the Tentative Agreement is attached to the Resolution as Exhibit A.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

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FISCAL IMPACT:

All terms in the Tentative Agreement, except those contingent on budget performance, have been calculated to include all applicable employee salary and benefits. Staff will monitor funding in in the fiscal year 2023-2024 and 2024-2025 to determine whether it is sufficient to cover the increased cost in employe salary and benefits for the two-year period. Management will also continue to monitor operating expenditures and evaluate spending. Staff will perform the necessary budget amendments during year-end budget review.

ATTACHMENTS:

1. Resolution No. 2024-02

2. Tentative Agreement

ATTACHMENT 1
RESOLUTION NO. 2024-02

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

ADOPTING A TENTATIVE AGREEMENT FOR A SUCCESSOR MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF IMPERIAL BEACH AND THE SERVICE EMPLOYEES’ INTERNATIONAL UNION (SEIU), LOCAL 221
WHEREAS, the City of Imperial Beach (“City”) endeavors to recruit and retain the most qualified and talented employees to serve its citizens; and WHEREAS, the salaries and benefits offered by the City to its employees are designated to aid in the City’s recruitment and retention efforts; and WHEREAS, the past Memorandum of Understanding (“MOU”) between the City and the Service Employees’ International Union (SEIU), Local 22, adopted by the City Council Resolution No. 2021-68 covering period July 1, 2021, through June 30, 2023; and
WHEREAS, the City and SEIU have met and confer in good faith and have come to a Tentative Agreement on a fair and equitable package of total compensation for a successor SEIU MOU for the period of Jul 1, 2023, through June 30, 2025, pursuant to the Meyers-Millias-Brown Act (“MMBA”); and
WHEREAS, the members of SEIU have voted to ratify the Tentative Agreement and the labor representatives of the City and SEIU have executed the Tentative Agreement; and
WHEREAS, the MMBA provides in Section 3505.1:
“If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filling of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding.”
WHEREAS, once the City Council adopts the Tentative Agreement, the parties are required to jointly prepare a written MOU to present to City Council at a later date for consideration and adoption consistent with the Tentative Agreement; and WHEREAS, once approved by the city Council, the Tentative Agreement and the successor SEIU MOU 2023-2025 become biding agreements between the parties, each in their own right; and

ATTACHMENT 1
WHEREAS, upon City Council approval of the Tentative Agreement, the salary and benefit changes outlined therein shall be incorporated into the annual operating budget for Fiscal Year 2023-2024 and 2024-2025; and
WHEREAS, the City Council desires to approve the Tentative Agreement for the successor SEIU MOU 2023-2025.

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

1. The recitals set forth above are true and correct and incorporated herein by this reference.

2. The executed Tentative Agreement for a successor SEIU MOU for the period of July 1, 2023 – June 30, 2025, a fully executed copy of which is attached hereto as Exhibit A, is accepted, approved, and adopted.

3. The labor representatives of the City and SEIU are directed to jointly prepare a written MOU in accordance with the Tentative Agreement and present same to City Council at a future date for its consideration and approval.

4. The Fiscal Year 2023-2024 and 2024-2025 operating budget shall be amended as necessary to reflect the increased compensation and benefits authorized by the adoption of the Tentative Agreement for a successor SEIU MOU 2023-2025 and any needed appropriations shall be brought back to City Council for formal approval and adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at is meeting held on the 17th day of January 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

TENTATIVE AGREEMENT

FOR A SUCCESSOR MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF IMPERIAL BEACH AND
SERVICE EMPLOYEES’ INTERNATIONAL UNION, LOCAL 221
JANUARY 3, 2024
The Memorandum of Understanding (MOU) between the City of Imperial Beach (City) and the Service Employees’ International Union (SEIU), local 221, adopted by City Council Resolution No. 2021-68 covering period July 1, 2021, through June 30, 2023 (SEIU MOU 2021-23) expired on June 30, 2023.

Pursuant to the Meyer-Millas-Brown Act (MMBA) the City and SEIU commenced labor negotiations for a successor MOU with their first meeting on July 5, 2023. The City and SEIU have reached a Tentative Agreement on the deal terms for a successor SEIU MOU, which is represented by this document.

All items affecting compensation within the current SEIU MOU 2021-23 not addressed herein are proposed to remain unchanged. The following deal terms were ratified by the members of SEIU, but remain subject to formal approval/adoption by the City Council per the MMBA and specifically Government Code Section 3505.1, which provides:
“If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filling of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding.” Attachments 1 through 25 are herein incorporated in this exhibit.

Attachment 2

IT IS SO AGREED:

City of Imperial Beach Service Employees International
Union, Local 221
Tyler Foltz Crystal Celis
City Manager President
Nadia Smith Roslyn Cassidy
Human Resources Director Organizing Representative

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January 17, 2024
ITEM TITLE: SAN DIEGO METROPOLITAN TRANSIT SYSTEM RAPID ROUTE 227 UPDATE. (0680-35)
ORIGINATING DEPARTMENT:

City Manager
EXECUTIVE SUMMARY:

Rapid 227 is a new electric rapid route operated by the San Diego Metropolitan Transit System (MTS) that connects Otay Mesa, Nestor, and Imperial Beach, with service to the UC San Diego Blue Line Trolley at the Iris Avenue Transit Center. The route provides limited-stop bus service that currently operates on Imperial Beach Boulevard, 3rd Street, Palm Avenue, and Seacoast Drive. Following concerns from the community, City and MTS representatives met to discuss alternatives and it was recognized by all parties that the rapid route should be moved away from 3rd Street and queuing at Pier Plaza would be eliminated to minimize impacts to businesses.

MTS is considering rerouting the rapid route from 3rd Street to 9th Street, a collector roadway with an existing bus route (Route 901). The rapid route would only operate northbound on 9th Street from Imperial Beach Boulevard to Palm Avenue and no new bus stops are proposed and parking is not anticipated to be impacted. MTS will be sending notices along 9th Street informing residents of the proposed rerouting and inviting comment.

RECOMMENDATION:

That the City Council receive the Metropolitan Transit System Rapid Route 227 update.

OPTIONS:
 Receive the MTS Rapid Route 227 update
 Provide direction to the City Manager
BACKGROUND/ANALYSIS:

San Diego Metropolitan
Transit System (MTS)
provides bus and rail
services directly or by
contract with private
operators throughout San
Diego County. MTS
coordinates all its
services and determines
the routing, stops,
frequencies and hours of
operation. Recent

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operations include providing rapid bus services throughout portions of its network. Rapid services are high-frequency, limited-stop routes that are intended to provide faster transportation by providing less frequent stops than traditional local bus services. Rapid 227 is a new rapid route that launched on October 15, 2023 and connects the communities of Otay Mesa, Nestor, and Imperial Beach with the Iris Avenue Transit Center. The Rapid 227 provides 60-foot electric articulated buses and currently operates within the City of Imperial Beach along Imperial Beach Boulevard, 3rd Street, Palm Avenue, and Seacoast Drive. According to the MTS website, the new limited-stop bus service brings passengers from the border to the Trolley in 15 minutes and runs every 7.5 to 15 minutes throughout peak travel times, seven days a week.

Community concerns were expressed upon notification of the route before launch. It was soon discovered that residents along the impacted route segments did not receive notification of the route, particularly along 3rd Street where no bus route segment previously existed.

On November 8, 2023, City and MTS representatives held a neighborhood meeting at the intersection of 3rd Street and Imperial Beach Boulevard to discuss the issues occurring related to the new rapid route. Concerns related to inadequate outreach, noise, lighting, safety, infrastructure impacts, high frequency of buses, limited ridership, obstruction of businesses in Pier Plaza, coastal views, and driveways (see Attachment 1). Ultimately residents requested that the route be eliminated or moved away from the 3rd Street segment.

Following the neighborhood meeting, the City’s MTS Board representative expressed community concerns at the November 9 MTS Board meeting. City and MTS representatives met on December 19, 2023 to discuss community impacts and it was recognized by all parties that the rapid route should be moved away from 3rd Street. In addition, queuing at Pier Plaza will be eliminated to minimize impacts to businesses.

MTS is considering rerouting the rapid route from 3rd Street to 9th Street. 9th Street is a collector roadway with an existing bus route (Route 901). The rapid route would only operate northbound on 9th Street from Imperial Beach Boulevard to Palm Avenue and no new bus stops are proposed and parking is not anticipated to be impacted. MTS will be sending notices along 9th Street informing residents of the proposed rerouting and inviting comment. The City Council, acting as Planning Commission, may be requested to review the route and any modifications.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

This update has no fiscal impact.

ATTACHMENTS:

Attachment 1 - MTS Rapid Route 227 Neighborhood Meeting Summary

MTS RAPID ROUTE 227 NEIGHBORHOOD MEETING-UNOFFICIAL NOTES SUMMARY Date: November 8, 2023
Time: 6 PM – 7:30 PM
Location: Southwest corner of the Imperial Beach Blvd. and 3rd Street intersection Purpose: On October 15, 2023 MTS launched the new Rapid 227 route, which connects the communities of Otay Mesa, Nestor, and Imperial Beach with the Iris Avenue Transit Center. The Rapid 227 route includes 12 new 60’ electric articulated buses and is intended to offer residents and visitors new transit options to access coastal destinations, regional employment and activity centers, and the UC San Diego Blue Line.

The posted map of this route and stops can be found here.

The Rapid 227 route enters Imperial Beach from Coronado Avenue/Imperial Beach Boulevard (westbound), heads north on 3rd Street, west on Palm Avenue, south on Seacoast Drive, and exits Imperial Beach from Imperial Beach Boulevard/Coronado Avenue (eastbound). Residents expressed concern with impacts from the new route, particularly residents on 3rd Street where a bus route did not previously exist.

MTS staff presented an update on the Rapid 227 route to the City Council on October 18, 2023 and various concerns from the public were noted. The City Council directed staff to conduct a neighborhood meeting and obtain comments regarding the route.

Approximately 60 members of the community attended the November 8 neighborhood meeting, and a variety of comments were received and summarized below. This document does not provide official meeting minutes and is therefore considered unofficial meeting notes.

Overarching concerns/asks from participants at meeting:
• Outreach inadequate and did not include affected residents • Noise, Sound, and Lighting are big issues on 3rd Street caused by the buses • The bus route should not be on a residential road
• Buses are driving by on too frequent intervals (7.5 – 15 minutes) • Safety is a large concern (children, families, and unsafe driving (speeding and driving in bike lanes)) • Buses are parking and stopping in front of some businesses impacting business/tourism • Want future meeting dates/times available to participate and vocalize opinions Additional details from participants at meeting:
• Initial outreach was inadequate and did not include the Imperial Beach residents that are directly affected/impacted by this change
• Questions from participants at meeting:
o Can there be any changes before January to the route? o Can the City have any role in effecting these changes? o Why were the residents not informed of this bus/route? o Was an EIR completed for this route?
• Bus route should not go through/on 3rd Street
• A rapid bus route is not needed in Imperial Beach – the existing buses are sufficient • 3
rd Street is a residential street with family and children • No riders are on the bus; no demand
• Buses run too frequently (sometimes in 7.5-15 minute intervals) o Example: a resident counted 8 buses within 1 hour, nearly all buses empty Attachment 1

• Buses are running back to back – sometimes stacking since they are on the same route • Significant lighting and noise impacts from the consistent buses o Anecdote provided of families with babies that are being kept awake/woken up in the middle of the night by the lighting and noise
• Buses bottom out at every dip in the road causing road damages, bus damages, and create a loud banging noise
• Bus drivers are not driving safely – speeding, running over curbs o A resident’s son had been run off the road into vehicles and was injured • Large concerns about safety
o Pedestrian safety and children safety
o Concerns that children will be hit before any changes occur • More MTS and City data is needed – data on metrics of ridership (location, frequency, use) • Concerns about emissions and impacts as not all buses are electric • Concerns with the planning (are there other motives?) • Conflict with the information on the MTS website (clean vehicles) and that there are gas buses on the 227 route
• Concerns with the large number of training buses driving through the City • Need to reroute the bus route (consider 9th Street instead) • Concerns about impacts to density and zoning
• Do not want a bus shelter at 3rd street
• Impacting the Brigantine/local business with customers complaining • Buses are stopping/parking in front of Pier Plaza for extended periods of time • Buses are breaking down
• Concerns about roadway damage
• Concerns if anything will actually happen/change
• Frustrations with lack of available information on the MTS website o In 2019 the proposed route was not made available, but this is the year the route was determined to go on 3rd Street
• Issues with turning radius of buses (unable to safely make turns) Following the meeting, notes were relayed to the City’s MTS Board representative who expressed community concerns at the November 9 MTS Board meeting. MTS staff also received comments. Followup meetings are being scheduled to determine next-steps.

Any questions can be directed to Tyler Foltz, City Manager, City of Imperial Beach, 825 Imperial Beach Blvd., Imperial Beach, CA 91932, Phone: (619) 423-0314, E-Mail: [email protected].

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January 17, 2024
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 inundation and flooding that will be further exacerbated in the future due to Sea Level Rise.

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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 2) 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, presentations, pop-ups, and surveys: Intended to inform and collect 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 eight 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 participants

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provided feedback, although more focused on water quality in the ocean.  The Project team participated in the monthly Farmer’s Market in Veteran’s Park on December 16th, 2023.
 The project team provided a presentation of the project to the Design Review Board on December 21st, 2023.

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, complete additional outreach with pop up events, and to complete three 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

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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 December 20, 2023 6:00:46 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 231 of 239

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January 17, 2024
ITEM TITLE: RESOLUTION 2024-007 AUTHORIZING THE SOLICITATION OF BIDS FOR THE

IMPERIAL BEACH SPORTS PARK COMMUNITY RECREATION CENTER PROJECT (SP221001-SP). (0920-40)
ORIGINATING DEPARTMENT:

Parks & Recreation
EXECUTIVE SUMMARY:

On March 11, 2021, the American Rescue Plan Act (ARPA) was enacted that in part provided funding to municipalities to address the local impacts of the COVID-19 Pandemic. The City of Imperial Beach created the ARPA Mitigation Program identifying projects to be financed by ARPA funding. One of the projects identified included improvements to the existing Imperial Beach Sports Park facility, also referred to as the Sports Park Community Recreation Center. The project primarily focuses on facility repairs/maintenance, necessary upgrades for ADA requirements, HVAC improvements, building safety improvements, and enhancements to increase available recreational opportunities. The project also includes improvements to the exterior of the structure including new paint, new siding on the western elevation, and provision of a new mural.

RECOMMENDATION:

Receive the report provided by staff, provide comments on the design, and Adopt Resolution 2024-007 authorizing the solicitation of bids for the Imperial Beach Sports Park Community Recreation Center Project.

OPTIONS:
 Adopt Resolution 2024-007 with staff’s recommendations; or  Adopt Resolution 2024-007 with design modifications;
 Or request additional information and an additional report.

BACKGROUND/ANALYSIS:

On March 11, 2021, the American Rescue Plan Act (ARPA) was enacted that provides funding to municipalities to address the local impacts of the COVID-19 Pandemic. The City of Imperial Beach has received $6,564,213 in two separate annual cycles from the Federal Government.

On August 18, 2021, the City Council adopted Resolution 2021-48 creating the ARPA Mitigation Program for the City of Imperial Beach. The program was originally updated through the adoption of Resolution 2021-73 on November 3, 2021, and again updated through the adoption of Resolution 2022-95 on November 2, 2022.

One of the projects identified within the City’s ARPA Mitigation Program included improvements to the Imperial Beach Sports Park facility. Both the State of California and the County of San Diego utilized the recreation center of the Imperial Beach Sports Park as a COVID-19 testing

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center. The recreation center had largely been used to test thousands of people for the presence of the COVID-19 virus. The inability of residents to gather in a safe environment and participate in recreational activities was one of the most pronounced impacts of COVID-19. As the City expands its recreation program offerings through the Parks, Recreation, and Community Services Department, it is important to have an updated and safe Imperial Beach Sports Park Community Recreation Center to allow residents, including the young and the young at heart, to re-engage in communal recreational activities.

The proposed improvements to the Imperial Beach Sports Park Community Recreation Center are as follows:
 Interior remodel of the existing building
o Upgrades to the facilities
 Multi-use Court
o ADA-compliant restrooms
o Installation of a new HVAC system
o Construction of a multi-purpose room for expanded recreational opportunities o Lighting upgrades
o Building safety updates (Egress windows and doors)
 Aesthetic enhancements to the exterior of the structure Design Improvements:

While the project primarily focuses on internal facility upgrades to meet current ADA standards, HVAC upgrades, building safety improvements, and enhancements to increase recreational opportunities, improvements to the exterior of the structure have been proposed including new paint, a mural, and a dark wooden colored tile to locate on the western elevation of the building.

Design Review Board Recommendations
The following recommendations for the project were received at the November 16, 2023 Design Review Board meeting:
 Utilize the dark tile for the building’s west elevation.  Explore different color options for the standing seam metal roof.  Provide an enclosure for the SDGE electrical transformer located along the roadway fronting the building.
 Future DRB review of any proposed mural art and implementation of a more permanent medium such as a mosaic.

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It is recommended that the City Council consider the proposed design improvements.

ENVIRONMENTAL DETERMINATION:

The project is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301 Class 1 (Existing Facilities).

FISCAL IMPACT:

There is $2,074,322 of ARPA funds currently budgeted for this project. After the construction bids are received, they will be evaluated and compared against the current project budget. Any budget amendment, if necessary, will accompany the staff report recommending the bid award.

FISCAL YEAR: 2024
BUDGETED: Yes
BUDGET AMENDMENT No
ACCOUNT NO(S).: 214-5000-532.2006
PROJECT NO(S).: SP22101-SP
FISCAL ANALYSIS:

CURRENT BUDGET: $2,074,322

ANTICIPATED
EXPENDITURE:
$2,074,322
ATTACHMENTS:

ATT 1 Resolution 2024-007

ATTACHMENT 1
RESOLUTION NO. 2024-007

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

AUTHORIZING THE SOLICITATION OF BIDS FOR THE IMPERIAL BEACH SPORTS PARK COMMUNITY RECREATION CENTER PROJECT (SP221001-SP)
WHEREAS, the City received American Rescue Plan Act (ARPA) funding from the Federal Government; and
WHEREAS, on August 18, 2021, the City Council adopted Resolution 2021-48 creating the ARPA Mitigation Program for the City of Imperial Beach; and WHEREAS, one of the projects identified within the City’s ARPA Mitigation Program included improvements to the Imperial Beach Sports Park facility; and WHEREAS, as the City implements expands its recreation program through the Parks, Recreation, and Community Services Department, it is important to have an updated and safe Imperial beach Sports Park Community Recreation Center; and WHEREAS, while the project primarily focuses on facility repairs/maintenance, necessary upgrades for ADA requirements, HVAC improvements, building safety improvements, and enhancements; and
WHEREAS, the project was presented to the Design Review Board on November 16, 2023.

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

1. The above recitals are true and correct.

2. City Staff is authorized to advertise a request for proposal for the Imperial Beach Sports Park Community Recreation Center Project (Project #SP221001-SP) PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 17th day of January 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

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January 17, 2024
ITEM TITLE: UPDATE ON COMMUNITY SWIM PROGRAM AT MAR VISTA AQUATIC FACILITY PROVIDED BY THE CITY IMPERIAL BEACH. (0930-15 & 1010-20) ORIGINATING DEPARTMENT:

Parks & Recreation
EXECUTIVE SUMMARY:

Staff is providing City Council with an update on the community swim program provided by the City’s Park & Recreation Department at the Mar Vista High School Aquatic Facility located at 505 Elm Avenue.

RECOMMENDATION:

Staff is recommending that the City Council receive the update related to the community swim program provided by the City’s Parks & Recreation Department taken place at the Mar Vista High School Aquatic Facility.

OPTIONS:
 Receive and accept the report
 Request additional information and return to a future City Council meeting  Provide direction to City Manager
BACKGROUND/ANALYSIS:

On November 2, 2022, the City Council authorized a Memorandum of Understanding (MOU) between the City of Imperial Beach and Sweetwater Union High School District (SUHSD) for the use of the Mar Vista High School Aquatic Facility. The joint use agreement includes access to the pool by the community for lap swims and programs at various hours during the week and weekends which is being managed by the Parks, Recreation, and Community Services Department.

The City of Imperial Beach, SUHSD, and the South Bay Union School District (SDUSD) have been partnering since the original pool at Mar Vista High School was built in 1965. The parties formalized the use of the pool through the execution of a Joint Powers Agreement for community swim lessons and programs, lifeguard training, and 4th grade swim lessons. The pool was decommissioned on June 7, 2021 due to age and deferred maintenance. In December 2022 the school held a ribbon cutting for the new pool. The pool includes a 10,000 SF Olympic sized, measuring 62-meter with various amenities. Some of the amenities of the new pool include 21 swim lanes, 3 shallow lanes for swim lessons, a new pool deck that can host two water polo matches at a time, LED scoreboard, bleachers, shade structures, and restrooms with showers.

The new MOU between the City of Imperial Beach and SUHSD includes open community swim time, youth and adult swim lessons, water fitness classes, and public safety personnel training.

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The term of the proposed MOU commences from January 1, 2023, to June 30, 2024 with the option to renew the agreement for three (3) consecutive one (1) year renewal periods.

Representatives from SUHSD and the City will meet at least every six (6) months to review the administration of the MOU. The MOU requires that the City contract with the County of San Diego to pay for the full costs of one full time School Resource Officer (SRO), who began work on April 7, 2023. The cost of the School Resource Officer is approximately $270,000 per year with an annual escalation of based on the City’s contract for law enforcement services.

Additionally, the City is responsible for providing lifeguard services during its use of the pool.

Since the City did not employ pool lifeguards, the City attempted to recruit pool lifeguards to operate the pool, but the recruitment was unsuccessful due to availability and general qualifications. Therefore, staff recommended contracting for this specialized service to operate and manage the pool during the times that the City is allowed access to use the pool through the MOU. At the City Council meeting on June 21, 2023, the City Council voted to approve a 3-year agreement with EXOS to become a contractor and operate the community swim program with lifeguards, learn to swim instructors, and aquatic fitness instructors at the Mar Vista High School Aquatic Facility. The initial term of the agreement is for two years with an additional one-year automatic renewal with mutual consent, though either party could terminate the agreement with 90 days written notice. The total estimated monthly cost would begin at approximately $15,500 a month with a 5% annual increase, though expenses would change depending on programming and operation modifications.

The Imperial Beach Parks, Recreation and Community Services (PRCS) Department operates the registration, marketing, and collection of fees for the community swim program. The PRCS Department also opens and closes the aquatic facility and has staff onsite during all programming per the City’s agreement with SUHSD. SUHSD is responsible for the daily maintenance, utilities, pool chemicals and repairs of the aquatic facility.

The community swim program began on Thursday, October 19, 2023 with adult lap swim hours.

Adult lap swim pool lane rentals are currently held on Tuesday, Thursday and Friday from 5:30 am – 7:00 am, Saturday from 6:30 am – 8:00 am and Sunday during the open facility time from 9:00 am – 3:00 pm.

On Sunday, October 26, 2023 EXOS and the City were able to increase programming to offer swim lessons for ages six-months to adults on Sundays between the hours of 9:00 am – 3:00 pm.

The Winter 2023 learn to swim program was very popular during this first session of enrollment at the Mar Vista Aquatic Facility. During the registration period for swim lessons all youth classes filled to capacity resulting in a waitlist. EXOS was able to add additional learn to swim lessons to accommodate some of those on the waitlist. During the first Winter learn to swim program in Imperial Beach a total of eight learn to swim classes were offered to forty-four participants aged six-months to adult. Unfortunately, there were an additional twenty-two youth on the waitlist that were unable to take swim lessons.

The lap swim registered participant totals were four hundred and forty for the months of October through December 2023. The busiest days for lap swim participants were Tuesday and Thursday during the 5:30 am – 7:00 am time frame with an average of fourteen participants each day.

This first season of community swim programs has not come without some challenges and learning lessons. The community swim programs offered, including both lap swim and swimming lessons, had cancelations with participants being credited or refunded for the day use fee of six dollars ($6). The closures were due to chemical issues and/or scheduling conflicts. The closures for pool chemical imbalances occurred on Tuesday, October 31st, Sunday, November 5th, and Sunday, November 26th. Additionally, we had scheduling conflicts with the high school sport teams and were unable to hold lap swim on Friday, November 10th and Friday, November 17th.

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All closures require approximately two staff hours to contact participants. SUHSD is working with their vendor to have fewer closures for chemical imbalances in the 2024 year as this also affects the high school students swim programs.

For the upcoming swimming lessons in January 2024 staff has worked with EXOS to increase the number of youth swimming lessons offered, add private swim lessons, and also add an adult water aerobics class. There will also be adult and child lap swim hours added per request by community during the Sunday lap swim time frame.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

The City of Imperial Beach does not own the Mar Vista Aquatic Facility but has a Memorandum of Understanding (MOU) with the Sweetwater Union High School District for use of the pool during the non-school operational times. Per the MOU, the City provides a full time Student Resource Officer (SRO) at Mar Vista High School.

The community swim program is not a cost-neutral program but does provide the opportunity for residents of all ages and abilities in Imperial Beach to take learn to swim classes and have opportunities for low impact physical activity. Staff has applied for a USA Swimming Grant in the amount of $10,254.00 to offer free swim lessons for youth in second to fourth grade. Staff will have notice if grant is awarded by Summer 2024.

Below is a chart of expenditures and revenues for the months of October – December 2023.

October 2023 November 2023 December 2023
Expenditures
Supplies (Operating
and Subscriptions)*
$9,540.94 $3,691.84 $0
Expenditures
Staffing Lifeguard
Services (EXOS)
$15,347.75 $15,347.75 $15,347.75
Expenditures
Staffing City
$1,821.21 $3,475.41 $1,821.21
Total Expenditures $26,709.90 $22,515.00 $17,168.96
Revenue from
enrolled
participants $2,820.00 $1,098.83 $1,646.94
Net Cost to City ($23,889.90)** ($21,416.17)** ($15,522.02)** *Supplies: First aid, cleaning supplies, shelves, oxygen tank, safety cones, equipment, signage, pool testing kits, uniforms, hydrorack, hydrobouy, kickboards, pool noodles, aqua jogger, etc.; subscription: Hydroapp membership for operation management and Councilman Hunsaker membership for operations report.
**Amount does not include the cost of the SRO (budgeted cost = $18,216 a month or $218,592 annually).