Agenda packet — Imperial Beach City Council, March 6, 2024 (part 1 of 2)

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

Wednesday, March 6, 2024
Council Chambers
825 Imperial Beach Boulevard
Imperial Beach, CA 91932

THE CITY COUNCIL ALSO SITS AS THE IMPERIAL BEACH PLANNING COMMISSION, PUBLIC

FINANCING AUTHORITY, HOUSING AUTHORITY, AND IMPERIAL BEACH REDEVELOPMENT AGENCY SUCCESSOR AGENCY.

Public Comments: Members of the public can participate in-person at the City Council meeting to provide public comments. Members of the public can also submit written comments prior to the City Council meeting via e-mail at: [email protected]. Copies of the written comments received by noon on the day of the City Council meeting will be provided to the City Council and be made available to the public at the City Council meeting. They will be part of the official record of the meeting, but they will not be read aloud at the meeting. Members of the public who wish to watch City Council meetings, are encouraged to stream from the City website at: https://www.imperialbeachca.gov/council_meetings.

In compliance with the Americans with Disabilities Act, the City of Imperial Beach requests that individuals who require reasonable accommodation to fully participate in this meeting contact the City Clerk’s office at (619) 628-2347 or TTY 711 as soon as possible during regular business hours and not later than at least twelve (12) hours in advance of the meeting to discuss your accessibility needs.

Foreign language and American Sign Language interpretation services are now available for City Council meetings. Contact the City Clerk’s office at (619) 628-2347 or TTY 711 by noon on Monday prior to the meeting.

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

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. REIMBURSEMENT DISCLOSURES/REPORTS ON ASSIGNMENTS AND

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

5. COMMUNICATIONS FROM CITY STAFF

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

7. PRESENTATIONS

7.a PROCLAMATION RECOGNIZING WOMEN’S HISTORY MONTH. (0410-30) 5 Recommendation:

That the City Council approve the Proclamation.

7.b PRESENTATION ON TAXPAYER PROTECTION AND GOVERNMENT ACT BY CALCITES. (0460-20)*
*No Staff Report.

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

Recommendation:

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

8.a RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM FEBRUARY 10, 2024, TO FEBRUARY 23, 2024. (0300-25)
7 Recommendation:

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

8.b SECOND READING AND ADOPTION OF ORDINANCE NO. 2024-1242 TO

ADOPT LOCAL CAMPAIGN CONTRIBUTION LIMIT ORDINANCE
PURSUANT TO AD HOC’S RECOMMENDATION. (0430-95)
20 Recommendation:

Staff recommends that the City Council conduct the second reading and adoption of Ordinance No. 2024-1242 by title only.

Page 2 of 187 ends

8.c RESOLUTION 2024-012 CONTINUING THE PROCLAMATION OF A STATE

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

Adopt Resolution No. 2024-012 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.

8.d PROJECT APPROVAL EXTENSION REQUEST FOR DEL TACO; CUP-21- 0003; DRC-21-0016; SPR-21-0017; FOR CONSTRUCTION OF A NEW DEL

TACO RESTAURANT WITH A DRIVE-THROUGH AND OUTDOOR PATIO
SEATING AREA AT 1333 PALM AVENUE (APN 627-011-19-00). (0600-20) 42 Recommendation:

That the City Council adopt Resolution No. 2024-011 approving a six (6) month time extension for the Project Approval as set for in Resolution No. 2023-67 which included Conditional Use Permit (CUP-21-0003), Design Review Case (DRC-21-0016), Site Plan Review (SPR-21-0017), & Categorical Exemption pursuant to CEQA guidelines section 15332 (In-fill Development) for a new Del Taco restaurant with a drive-through facility and outdoor patio seating area at 1333 Palm Ave (APN 627-011-19-00) in the C/MU-1 (General Commercial and Mixed Use) Zone on the Zoning Map subject to the conditions as specified in Resolution No. 2023-67 (Attachment 4 of the staff report).

8.e AMENDED REPORT - CONSIDERATION OF A SPECIAL EVENT PERMIT APPLICATION FOR THE USE OF PIER PLAZA BY ST. JAMES CHURCH TO HOST THEIR ANNUAL EASTER SERVICE EVENT. (1040-10)
75 Recommendation:

Staff recommends the City Council consider approving a special event permit requested from the St. James Church event applicant to activate Pier Plaza as an event venue for their 2024 Annual Easter Son Rise Service on Sunday, March 31, 2024.

8.f CONSIDERATION OF A SPECIAL EVENT PERMIT APPLICATION FOR THE PADRES PEDAL THE CAUSE EVENT TO BE HELD ON SUNDAY, APRIL 7, 2024. (1040-10)
83 Recommendation:

Staff recommends the City Council consider the approval of special event permit request from the Padres Pedal the Cause event applicant to activate parts of the Bayshore Bikeway, Bikeway Village Parking Lot on 13th Street, Cypress Avenue and Florence Street for a charity ride on Saturday, April 7, 2024.

9. ORDINANCES/INTRODUCTION & FIRST READING
None.

10. PUBLIC HEARINGS

Page 3 of 187 ends

10.a PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTION 2024-009

AMENDING THE CITY OF IMPERIAL BEACH MASTER FEE SCHEDULE TO

ADOPT AND ADD THE INTERNATIONAL CODE COUNCIL BUILDING
VALUATION MULTIPLIERS FOR 2023. (0710-95)
93 Recommendation:

Staff recommends that the City Council adopt Resolution No. 2024-009 setting forth minimum building valuations for the current fiscal year.

11. REPORTS

11.a RESOLUTION NO. 2024-014 AUTHORIZING THE CITY MANAGER TO

ENTER INTO AN AGREEMENT WITH THE SAN DIEGO COUNTY AIR
POLLUTION CONTROL DISTRICT FOR AIR MONITORING SENSORS.
(0230-10)
133
Recommendation:

Staff recommends that the City Council approve Resolution No. 2024-014 authorizing the City Manager or designee to enter into an agreement with the San Diego County Air Pollution Control District for air monitoring sensors.

11.b CONSIDER POTENTIAL LOCATIONS FOR PICKLEBALL COURTS WITHIN THE CITY OF IMPERIAL BEACH. (1020-10)
154
Recommendation:

Consider potential locations for pickleball courts and provide direction to the City Manager.

11.c 2023 GENERAL PLAN ANNUAL PROGRESS REPORT (0620-90) 161 Recommendation:

That the City Council receive the 2023 annual progress report.

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

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

14. CITY COUNCIL FUTURE AGENDA REQUESTS

15. ADJOURN REGULAR MEETING

Page 4 of 187 ends

P a g e | 1
March 6, 2024
ITEM TITLE: PROCLAMATION RECOGNIZING WOMEN’S HISTORY MONTH. (0410-30) ORIGINATING DEPARTMENT:

Mayor
RECOMMENDATION:

That the City Council approve the Proclamation.

ATTACHMENTS:

ATT 1 - Proclamation

Page 5 of 187 ends

ATTACHMENT 1
WOMEN’S HISTORY MONTH
WHEREAS, March is nationally recognized as Women's History Month; and WHEREAS, Women’s History Month provides an opportunity to honor the generations of trailblazing women and girls who have built our nation, shaped our progress, and strengthened our character as a people, and
WHEREAS, throughout our history, despite hardship, exclusion, and discrimination, women have strived and sacrificed for equity and equality in communities across the country. Generations of Native American women were stewards of the land and continue to lead the fight for climate justice. Black women fought to end slavery, advocate for civil rights, and pass the Voting Rights Act. Suffragists helped pass the 19th Amendment to the Constitution so that no American could be denied a vote on the basis of sex; and
WHEREAS, the City of Imperial Beach is proud to join in the nation’s celebration of Women’s History Month and the 2024 theme “Women Who Advocate for Equity, Diversity and Inclusion,” which honors women who have devoted their lives and talents to producing art, pursuing truth, and reflecting the human condition decade after decade; and
WHEREAS, standing on the shoulders of the heroines who came before them, today’s women and girls continue to carry forward the mission of ensuring our daughters have the same opportunities as our sons; and
WHEREAS, women of the labor movement are achieving monumental reforms to help all workers secure the better pay, benefits, and the safety they deserve. LGBTQI+ women and girls are leading the fight for justice, opportunity, and equality - especially for the transgender community. Women and girls continue to lead groundbreaking civil rights movements for social justice and freedom, so that everyone can realize the full promise of America; and
WHEREAS, despite these contributions, women’s reproductive rights are under threat and women across the nation are being turned away from emergency rooms and are having their lives endangered; and
WHEREAS, nevertheless, women are strong, resilient, and capable, thus we celebrate countless pioneering women and their victories, and we continue our work to build a society where women have equal rights, and equal pay.

NOW, THEREFORE, BE IT PROCLAIMED that I, Paloma Aguirre, Mayor of the City of Imperial Beach, together with the City Council, do hereby proclaim March 2024 as “Women’s History Month” in the City of Imperial Beach.

Dated: March 6, 2023

Paloma Aguirre, Mayor Page 6 of 187
March 6, 2024
ITEM TITLE: RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM FEBRUARY 10, 2024, TO FEBRUARY 23, 2024. (0300-25)
ORIGINATING DEPARTMENT: Finance
EXECUTIVE SUMMARY:

Staff is recommending that the City Council ratify the accompanying Warrant Register for the period from February 10, 2024, to February 23, 2024, in the amount of $600,460.04.

RECOMMENDATION:

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

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

BACKGROUND/ANALYSIS:

The City of Imperial Beach issues accounts payable and payroll disbursements on a regular basis and presents it to the City Council for ratification at its next regular scheduled meeting. The attached Warrant Register containing checks and electronic funds transfers for the period from February 10, 2024, to February 23, 2024, in the amount of $600,460.04, is being presented for ratification by the City Council. Payments have been reviewed and approved by the appropriate department staff. The Finance Director or designee certifies the accuracy of the attached register and the availability of funds for payment.

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

VENDOR CHECK DESCRIPTION AMOUNT

N/A N/A N/A N/A

Page 7 of 187 ends

The following registers are submitted for Council ratification:

Accounts Payable:

DATE CHECK NUMBER AMOUNT(S)
2/15/2024 CK102484-CK102525 $ 87,701.11
2/22/2024 CK102526-CK102551 116,955.53
Sub-Total $ 204,656.64

DATE EFT/DRAFT NUMBER AMOUNT(S)
2/16/2024
DFT0007770-71; DFT0007779-97; DFT0007802-04;
DFT0007806
$ 154,683.79
2/20/2024 DFT0007801 12,327.07
Sub-Total $ 167,010.86
Total reflected in the attached Expense Approval Report: $ 371,667.50 Check Reversals/Voids:

DATE CHECK/EFT NUMBER AMOUNT(S)

N/A N/A N/A
Sub-Total $ 0.00
Payroll Checks/Direct Deposits

DATE CHECK/EFT NUMBER AMOUNT(S)
2/15/2024 CK49063-66; EFT0000178-9 $ 228,792.54
Sub-Total $ 228,792.54
TOTAL: $ 600,460.04
ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL ANALYSIS:

Warrants are issued from budgeted funds and there is no additional impact on reserves.

ATTACHMENTS:

ATT 1 - Expense Approval Report – 2.10.2024-2.23.2024

Page 8 of 187 ends

2/23/2024 2:27:56 PM Page 1 of 11
Expense Approval Report
Imperial Beach, CA By (None)
Payment Dates 2/10/2024 - 2/23/2024
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 02/15/2024 102484 AGRICULTURAL PEST CONTR… 12/21/2023 BIRD CONTROL 725662 101-6040-454.2022 240039 500.00 02/15/2024 102485 CALIFORNIA AMERICAN WAT…01/04/24-02/02/24 - 505 H… 1015-210018811916 02/06/… 101-1910-419.2702 94.67 02/15/2024 102485 CALIFORNIA AMERICAN WAT…01/06/24-02/06/24 - 814 CY… 1015-210018820255 02/08/… 101-6020-452.2702 23.19 02/15/2024 102485 CALIFORNIA AMERICAN WAT…01/03/24-02/01/24 - 400 1/2…1015-210019027905 02/05/… 101-1910-419.2702 497.19 02/15/2024 102485 CALIFORNIA AMERICAN WAT…01/06/24-02/06/24 - 495 10… 1015-210019058534 02/08/… 101-1910-419.2702 282.94 02/15/2024 102485 CALIFORNIA AMERICAN WAT…01/06/24-02/06/24 - 630 FL… 1015-210019176067 02/08/… 101-1910-419.2702 196.75 02/15/2024 102485 CALIFORNIA AMERICAN WAT…01/06/24-02/06/24 - 624 FL… 1015-210019176128 02/08/… 101-1910-419.2702 20.39 02/15/2024 102485 CALIFORNIA AMERICAN WAT…01/06/24-02/06/24 - 1250 P… 1015-210019179080 02/08/… 101-6010-451.2702 126.93 02/15/2024 102485 CALIFORNIA AMERICAN WAT…01/03/24-02/01/24 - 950 OC… 1015-210019276868 02/05/… 601-5060-436.2702 193.03 02/15/2024 102485 CALIFORNIA AMERICAN WAT…01/03/24-02/01/24 - 90 IMP… 1015-210019278093 02/05/… 101-6020-452.2702 58.75 02/15/2024 102485 CALIFORNIA AMERICAN WAT…01/03/24-02/01/24 - 1150 S… 1015-210019278895 02/05/… 101-6020-452.2702 58.75 02/15/2024 102485 CALIFORNIA AMERICAN WAT…01/03/24-02/01/24 - 1234 S… 1015-210019279782 02/05/… 101-6020-452.2702 48.24 02/15/2024 102485 CALIFORNIA AMERICAN WAT…01/03/24-02/01/24 - 1322 S… 1015-210019357057 02/05/… 601-5060-436.2702 48.24 02/15/2024 102485 CALIFORNIA AMERICAN WAT…01/03/24-02/01/24 - 90 DES… 1015-210019359015 02/01/… 101-6020-452.2702 48.24 02/15/2024 102485 CALIFORNIA AMERICAN WAT…01/03/24-02/01/24 - 90 ENC… 1015-210019360534 02/05/… 101-6020-452.2702 69.25 02/15/2024 102485 CALIFORNIA AMERICAN WAT…01/03/24-02/01/24 - 105 IM… 1015-210019482014 02/05/… 101-1910-419.2702 160.90 02/15/2024 102485 CALIFORNIA AMERICAN WAT…01/03/24-02/01/24 - 981 2N… 1015-210019600799 02/06/… 101-6020-452.2702 563.22 02/15/2024 102485 CALIFORNIA AMERICAN WAT…01/05/24-02/05/24 - IB CLE… 1015-210020125977 02/08/… 101-6020-452.2702 603.43 02/15/2024 102485 CALIFORNIA AMERICAN WAT…01/03/24-02/01/24 - 170 PA… 1015-220036553772 02/05/… 101-6020-452.2702 141.22 02/15/2024 102485 CALIFORNIA AMERICAN WAT…01/03/24-02/01/24 - 170 PA… 1015-220036553789 02/05/… 101-6020-452.2702 94.67 02/15/2024 102486 CANDELARIA RAMIREZ DEC 2023 CHAIR/FLOOR YO… 212024CR9 101-6010-451.2107 150.00 02/15/2024 102487 CHRISTOPHER HELMER TRAVEL REIMB. - DC TRAVEL 02-08-2024 101-1110-412.2804 100.89 02/15/2024 102488 CINTAS CORPORATION 02/06/24 FACILITIES MATS 4182481034 101-1910-419.2006 240042 32.94 02/15/2024 102488 CINTAS CORPORATION 02/06/24 PW UNIFORMS 4182481231 101-5020-432.2503 240017 321.51 02/15/2024 102489 CLEAN HARBORS JAN 2024 HOUSEHOLD HAZA… 1004921981 101-5040-434.2104 240011 1,189.69 02/15/2024 102490 COMPASS ROSE GIS WK STARTING 09/25/23 & 01…1431 214-6010-451.2006 630.00 02/15/2024 102491 CORODATA RECORDS MANA… NOV 2023 RECORD STORAGE…RS4965022 101-1230-413.2006 61.16 02/15/2024 102491 CORODATA RECORDS MANA… DEC 2023 RECORD STORAGE …RS4974298 101-1230-413.2006 61.16 02/15/2024 102492 CORONADO UNIFIED SCHOOL…FEB 2024 PUNCH PASS (10 S… 104585 101-3030-423.2804 800.00 02/15/2024 102493 COUNTY OF SAN DIEGO EXEMPT FEE USE-23-0051 - 1…02082024 USE-23-0051 101-0000-221.0102 50.00 02/15/2024 102494 COX COMMUNICATIONS 02/01/24-02/29/24 - 825 IB … 02-01-2024 3201 503-1923-419.2104 29.35 02/15/2024 102494 COX COMMUNICATIONS 02/01/24-02/29/24 - 825 IB … 02-01-2024 8102 503-1923-419.2104 35.32 02/15/2024 102494 COX COMMUNICATIONS 02/04/24-03/03/24 - 950 OC… 02-04-2024 7001 503-1923-419.2104 245.17 02/15/2024 102495 ECKENROTH PUBLICATIONS 01/04/24 NOTICES - ALCOHO…144830 101-1020-411.2807 240062 85.00 02/15/2024 102495 ECKENROTH PUBLICATIONS 01/18/24 AD-DISTRICT 4 CLE… 145007 101-5040-434.2904 173.00 02/15/2024 102495 ECKENROTH PUBLICATIONS 01/18/24 NOTICE - SPORTS P… 145007 420-6020-552.2006 115.00 02/15/2024 102495 ECKENROTH PUBLICATIONS 01/25/24 NOTICES - ALCOHO…145076 101-1020-411.2807 240062 95.00 02/15/2024 102495 ECKENROTH PUBLICATIONS 01/25/24 NOTICE SPORTS PA…145076 420-6020-552.2006 115.00 ATTACHMENT 1

Page 9 of 187 ends

Expense Approval Report Payment Dates: 2/10/2024 - 2/23/2024 2/23/2024 2:27:56 PM Page 2 of 11
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 02/15/2024 102496 JEFFREY SCOTT ARVESON JAN 2024 - DEAD ANIMAL R… 02012024 101-3050-425.2006 240182 347.00 02/15/2024 102497 JOANNA L. HUNTSBERGER JAN 2024- IB WALKING - SEN… 1232023JH5 101-6010-451.2107 200.00 02/15/2024 102498 LORENA ALLEN JAN 2024 - IB WALKING GR… 1232023LA5 101-6010-451.2107 200.00 02/15/2024 102499 MAINTEX, INC. TISSUE(2CS),TOWEL R(3CS),D…1072737-00 101-1910-419.3002 806.62 02/15/2024 102500 MARIA HENEDINA GARCIA REFUND - PERMIT BLDR-23-0…00012383 101-0000-322.7303 74.40 02/15/2024 102500 MARIA HENEDINA GARCIA REFUND - PERMIT BLDR-23-0…00012620 101-0000-322.7303 74.40 02/15/2024 102500 MARIA HENEDINA GARCIA REFUND - PERMIT BLDR-23-0…00013439 101-0000-322.7303 74.40 02/15/2024 102501 MARIANNA YAZMIN HAYES WINTER 2024 MINI BALLET/… 013124MH-1 101-6010-451.2107 1,020.00 02/15/2024 102501 MARIANNA YAZMIN HAYES WINTER 2024 HIP HOP (11 E… 013124MH-2 101-6010-451.2107 891.00 02/15/2024 102501 MARIANNA YAZMIN HAYES WINTER 2024 MINI HIP HOP … 013124MH-3 101-6010-451.2107 612.00 02/15/2024 102501 MARIANNA YAZMIN HAYES WINTER BEG BALLET (5 ENR… 013124MH-4 101-6010-451.2107 405.00 02/15/2024 102501 MARIANNA YAZMIN HAYES WINTER BALLET/TAP/JAZZ (3… 013124MH-5 101-6010-451.2107 243.00 02/15/2024 102502 MOST DEPENDABLE FOUNTA…SLENOID VALVE - PARK FOU… INV76850 101-6020-452.2801 460.90 02/15/2024 102503 MUNICIPAL EMERGENCY SE… MAINT ON BREATHING APA… IN2006221 101-3020-422.2104 1,130.31 02/15/2024 102504 NEXT DAY PRINTED TEES WALKING SENIORS T-SHIRTS 90202 101-6030-453.3002 620.34 02/15/2024 102505 NV5 INC AUG 2023-USE-22-0119 SOU… 352633 101-0000-221.0102 49.44 02/15/2024 102505 NV5 INC SEP 2023-USE-22-0109 176 … 358135 101-0000-221.0102 567.53 02/15/2024 102505 NV5 INC DEC 2023 - USE-22-0077 236… 371535 101-0000-221.0102 863.14 02/15/2024 102505 NV5 INC DEC 2023 - USE-23-0007 843… 371537 101-0000-221.0102 1,391.53 02/15/2024 102505 NV5 INC DEC 2023 - USE-23-0018 558… 371542 101-0000-221.0102 861.08 02/15/2024 102505 NV5 INC DEC 2023 - USE-22-0098 EB… 371544 101-0000-221.0102 443.98 02/15/2024 102505 NV5 INC DEC 2023 - 236 PALM AVE D… 371545 101-0000-221.0102 208.60 02/15/2024 102505 NV5 INC OCT 4-NOV 7 2023 - USE-23-… 371546 101-0000-221.0102 438.78 02/15/2024 102505 NV5 INC DEC 2023 - CIVIL PLAN REVI… 371552 101-0000-221.0102 285.83 02/15/2024 102505 NV5 INC DEC 2023 - USE-23-0019 575 …371554 101-0000-221.0102 24.72 02/15/2024 102505 NV5 INC DEC 2023 - USE-23-0039 247… 371556 101-0000-221.0102 49.44 02/15/2024 102505 NV5 INC DEC 2023 - USE-23-0051 124… 371565 101-0000-221.0102 512.94 02/15/2024 102505 NV5 INC DEC 2023 -USE-23-0062 243 … 371569 101-0000-221.0102 655.08 02/15/2024 102506 ODP BUSINESS SOLUTIONS, L…BUSINESS CARDS- L FLYTE 351951811001 101-1210-413.3002 55.79 02/15/2024 102507 O'REILLY AUTO PARTS #3980 TEMP SENSOR - TRUCK E-239 3980-127277 501-1921-419.2816 41.70 02/15/2024 102507 O'REILLY AUTO PARTS #3980 WHEEL SEALS AND PAINT - T… 3980-127432 501-1921-419.2816 194.83 02/15/2024 102507 O'REILLY AUTO PARTS #3980 RETURN- OIL BTH SEAS(4); … 3980-127664 501-1921-419.2816 -117.23 02/15/2024 102507 O'REILLY AUTO PARTS #3980 SOCKETS - E-239 & STARTER… 3980-128231 501-1921-419.2816 239.20 02/15/2024 102507 O'REILLY AUTO PARTS #3980 SPONGE(2),BARRIER(2),CLEA… 3980-128295 501-1921-419.2816 105.34 02/15/2024 102507 O'REILLY AUTO PARTS #3980 HYDRLOIL - FORKLIFT 3980-129470 501-1921-419.2816 163.10 02/15/2024 102507 O'REILLY AUTO PARTS #3980 A/C UNIT PARTS - TRUCK 601 3980-129518 501-1921-419.2816 963.00 02/15/2024 102507 O'REILLY AUTO PARTS #3980 OIL/AIR FILTERS - TRUCK 132 3980-129578 501-1921-419.2816 20.88 02/15/2024 102507 O'REILLY AUTO PARTS #3980 OIL/AIR FILTERS - TRUCK 132 3980-129578 501-1921-419.2816 20.88 02/15/2024 102507 O'REILLY AUTO PARTS #3980 HEADLIGHT RETAINING RING…3980-129999 501-1921-419.2816 158.21 02/15/2024 102507 O'REILLY AUTO PARTS #3980 SHOCKS-F (2), SHOCKS-R (2), …3980-130128 501-1921-419.2816 128.69 02/15/2024 102507 O'REILLY AUTO PARTS #3980 CONNECTOR, TAIL LIGHT - ST…3980-130153 501-1921-419.2816 86.98 02/15/2024 102507 O'REILLY AUTO PARTS #3980 WIPER BLADES (2) - TRUCK 1… 3980-130155 501-1921-419.2816 32.60 02/15/2024 102507 O'REILLY AUTO PARTS #3980 OIL BTH SEALS (2) - TRUCK 1… 80-127653 501-1921-419.2816 65.12 02/15/2024 102508 PACIFIC PIPELINE SUPPLY CORPORATION BALLS (2) S100454729.001 601-5060-436.2801 240098 1,140.84

Page 10 of 187 ends

Expense Approval Report Payment Dates: 2/10/2024 - 2/23/2024 2/23/2024 2:27:56 PM Page 3 of 11
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 02/15/2024 102508 PACIFIC PIPELINE SUPPLY SADDLE (2) S100454729.002 601-5060-436.2801 240098 1,068.38 02/15/2024 102508 PACIFIC PIPELINE SUPPLY APCO ARV VALVE (2) S100454741.001 601-5060-436.2801 240098 7,860.55 02/15/2024 102509 PACKARD BROTHERS LLC BACKREST PLATFORM CUSHI… 22049 101-3030-423.2801 660.00 02/15/2024 102510 PITNEY BOWES(PURCHASE P… 01/09/24 POSTAGE METER R… 02-06-2024 101-1920-419.2809 2,363.00 02/15/2024 102511 PRIDE INDUSTRIES JAN 2024 LABOR 284.5 HRS -… ARI/21300335 101-6040-454.2104 240045 6,543.50 02/15/2024 102512 ROGER TUCKER FEB 2024 PRE-EMPLOYMENT… 220 101-1130-412.2006 125.00 02/15/2024 102513 SAN DIEGO CHILDREN AND … GRANT WRITING SUPPORT - … 02-05-2024 101-6010-451.2006 2,000.00 02/15/2024 102514 SAN DIEGO ELEVATOR AND L… JAN 2024 ELEVATOR SRVC - … 4385 101-1910-419.2104 150.00 02/15/2024 102515 SAN DIEGO GAS & ELECTRIC JAN 2024 - 0056 4977 1474 9…02-26-2024 101-1910-419.2701 7,603.86 02/15/2024 102515 SAN DIEGO GAS & ELECTRIC JAN 2024 - 0056 4977 1474 9…02-26-2024 101-5010-431.2701 993.28 02/15/2024 102515 SAN DIEGO GAS & ELECTRIC JAN 2024 - 0056 4977 1474 9…02-26-2024 101-6020-452.2701 1,273.55 02/15/2024 102515 SAN DIEGO GAS & ELECTRIC JAN 2024 - 0056 4977 1474 9…02-26-2024 601-5060-436.2701 4,425.21 02/15/2024 102516 SD LUXURY LIMOS SHUTTLE BUS TO SD ZOO SA… 30802 214-6030-453.2310 1,768.00 02/15/2024 102517 SDGE 12/30/23-01/30/24 - 170 PA… 0002 6464 5267 4 02/05/24 101-1910-419.2701 403.06 02/15/2024 102517 SDGE 12/30/23-01/30/24 - 186 PA… 0008 2432 9204 1 02/05/24 101-5010-431.2701 509.75 02/15/2024 102517 SDGE 12/30/23-01/30/24 - 266 PA… 0020 8384 7903 2 02/05/24 101-6020-452.2701 27.28 02/15/2024 102517 SDGE 01/01/24-01/31/24 - PALM B…0027 4196 9935 9 02/12/24 101-5010-431.2701 345.45 02/15/2024 102517 SDGE 01/01/24-01/31/24 - PALM/… 0028 1987 1631 5 02/12/24 101-5010-431.2701 2,744.89 02/15/2024 102517 SDGE 12/30/23-01/30/24 - 852 SE… 0032 8021 3142 4 02/05/24 601-5060-436.2701 11.15 02/15/2024 102517 SDGE 12/30/23-01/30/24 - 111 PA… 0035 1619 2790 2 02/05/24 101-5010-431.2701 259.63 02/15/2024 102517 SDGE 12/30/23-01/30/24 - 120 EL… 0054 5795 0654 7 02/05/24 101-5010-431.2701 169.05 02/15/2024 102517 SDGE 12/30/23-01/30/24 - 100 1/2…0094 7600 1698 9 02/05/24 101-5010-431.2701 928.79 02/15/2024 102517 SDGE 12/30/23-01/30/24 - 425 IB … 2100 0097 9290 6 02/12/24 101-6020-452.2701 350.15 02/15/2024 102517 SDGE 12/30/23-01/30/24 - 425 IB … 2100 0097 9893 7 02/12/24 101-6020-452.2701 525.83 02/15/2024 102517 SDGE 12/30/23-01/30/24 - 425 IB … 2100 0097 9997 6 02/12/24 101-6020-452.2701 568.86 02/15/2024 102517 SDGE 12/30/23-01/30/24 - 425 IB … 2100 0098 0282 0 02/12/24 101-6010-451.2701 183.81 02/15/2024 102517 SDGE 12/30/23-01/30/24 - 425 IB … 2100 0098 0485 9 02/12/24 101-6020-452.2701 590.93 02/15/2024 102517 SDGE 12/30/23-01/30/24 - 427 IB … 2100 0098 0734 0 02/12/24 101-6020-452.2701 224.84 02/15/2024 102517 SDGE 12/30/23-01/30/24 - 425 IB … 2100 0098 1218 3 02/12/24 101-6010-451.2701 204.68 02/15/2024 102517 SDGE 12/30/23-01/30/24 - 425 IB … 2100 0098 1222 5 02/12/24 101-6010-451.2701 53.96 02/15/2024 102518 SHI INTERNATIONAL CORP 02/27/24-02/26/25 ACROBAT…B17918956 503-1923-419.2813 240174 12,167.92 02/15/2024 102519 SIGNAL HILL AUTO ENTERPRI… CAN LINER (12CS), SCRUB PA… 053082 101-6040-454.3002 240043 474.49 02/15/2024 102520 STANDARD ELECTRONICS LABOR - MS DEPT 1024 101-1910-419.2104 290.00 02/15/2024 102520 STANDARD ELECTRONICS PULL STATIONS REPLACEME… 1042 101-1910-419.2104 892.50 02/15/2024 102521 SUZANNE DUVALL JAN 2024 CHAIR/GOLD ZUM… 212024SD9 101-6010-451.2107 76.20 02/15/2024 102522 THE SHERWIN-WILLIAMS CO DRYWALL/PAINT SUPPLIES 8835-8 101-1910-419.3002 110.08 02/15/2024 102522 THE SHERWIN-WILLIAMS CO PAINT SUPPLIES 9876-3 101-1910-419.3002 51.35 02/15/2024 102523 TRAFFIC SAFETY MATERIALS, …BANDING, BAGS OR RIVETS (… 10514 101-5010-431.3002 331.82 02/15/2024 102524 US DIGITAL DESIGNS, INC. 11/01/23-11/01/24 - ALERTI… 5265485329 101-3020-422.2006 240106 2,648.77 02/15/2024 102525 ZOLL MEDICAL CORPORATION CPR TRAINING SETS (2) - FD 3901401 101-3020-422.3002 789.96 02/22/2024 102526 APCD COUNTY OF SAN DIEGO MAR2024-MAR2025 - APCD2…01373-1983-RI-2024 501-1921-419.2813 365.00 02/22/2024 102526 APCD COUNTY OF SAN DIEGO MAR2024-MAR2025 - APCD1…01373-1983-RI-2024 601-5060-436.2813 159.00 02/22/2024 102526 APCD COUNTY OF SAN DIEGO MAR2024-MAR2025 - APCD2…01373-1983-RI-2024 601-5060-436.2813 388.00 02/22/2024 102526 APCD COUNTY OF SAN DIEGO MAR2024-MAR2025 - APCD2…01373-1983-RI-2024 601-5060-436.2813 388.00

Page 11 of 187 ends

Expense Approval Report Payment Dates: 2/10/2024 - 2/23/2024 2/23/2024 2:27:56 PM Page 4 of 11
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 02/22/2024 102526 APCD COUNTY OF SAN DIEGO MAR2024-MAR2025 - APCD2…01373-1983-RI-2024 601-5060-436.2813 388.00 02/22/2024 102526 APCD COUNTY OF SAN DIEGO MAR2024-MAR2025 -APCD2… 04890-2003-RI-2024 601-5060-436.2813 565.00 02/22/2024 102527 AT&T 1/15/24-2/14/24 CITY MAN… 21272035 503-1923-419.2704 49.05 02/22/2024 102527 AT&T 1/15/24-2/14/24 PUMP STA… 21272038 503-1923-419.2704 281.44 02/22/2024 102527 AT&T 1/15/24-2/14/24 CITY OF I.B.…21272039 503-1923-419.2704 29.35 02/22/2024 102527 AT&T 1/15/24-2/14/24 SENIOR CT… 21272043 503-1923-419.2704 17.88 02/22/2024 102527 AT&T 1/15/24-2/14/24 ACCTS PAY…21272233 503-1923-419.2704 1.66 02/22/2024 102527 AT&T 1/15/24-2/14/24 LIFEGUARD…21272245 503-1923-419.2704 39.03 02/22/2024 102528 CALIFORNIA AMERICAN WAT…01/13/24-02/13/24 - 1001 IR…1015-210019176333 02/15/… 101-1910-419.2702 20.39 02/22/2024 102528 CALIFORNIA AMERICAN WAT…01/12/24-02/12/24 - 825 IM… 1015-210019335484 02/14/… 101-1910-419.2702 265.99 02/22/2024 102528 CALIFORNIA AMERICAN WAT…01/12/24-02/12/24 - 855 IM… 1015-210019335682 02/14/… 101-6020-452.2702 51.04 02/22/2024 102528 CALIFORNIA AMERICAN WAT…01/12/24-02/12/24 - 865 IM… 1015-210019335774 02/14/… 101-1910-419.2702 355.52 02/22/2024 102528 CALIFORNIA AMERICAN WAT…01/12/24-02/12/24 - 915 IB … 1015-210019335835 02/14/… 101-6020-452.2702 28.83 02/22/2024 102528 CALIFORNIA AMERICAN WAT…01/12/24-02/12/24 - 1025 9… 1015-210019401916 02/14/… 101-6020-452.2702 20.39 02/22/2024 102528 CALIFORNIA AMERICAN WAT…01/05/24-02/05/24 - HY MT … 1015-210019512885 02/14/… 101-6020-452.2702 305.57 02/22/2024 102528 CALIFORNIA AMERICAN WAT…01/13/24-02/13/24 - 942 D… 1015-210019746893 02/15/… 101-6020-452.2702 20.39 02/22/2024 102528 CALIFORNIA AMERICAN WAT…02/06/24-03/05/24 - 950 OC… 1015-210020153385 02/07/… 101-6020-452.2702 44.67 02/22/2024 102528 CALIFORNIA AMERICAN WAT…01/05/24-02/05/24 - 825 IM… 1015-210020154739 02/07/… 101-1910-419.2702 58.75 02/22/2024 102528 CALIFORNIA AMERICAN WAT…01/12/24-02/12/24 - 711 EN… 1015-210020277854 02/14/… 101-6020-452.2702 48.24 02/22/2024 102528 CALIFORNIA AMERICAN WAT…01/10/24-02/08/24 - 710 PA… 1015-210020440898 02/12/… 101-1910-419.2702 334.44 02/22/2024 102528 CALIFORNIA AMERICAN WAT…01/11/24-02/09/24 - 701 5TH…1015-210020731235 02/13/… 101-6020-452.2702 20.39 02/22/2024 102528 CALIFORNIA AMERICAN WAT…01/11/24-02/09/24 - 425 IM… 1015-210021068268 02/13/… 101-1910-419.2702 155.84 02/22/2024 102528 CALIFORNIA AMERICAN WAT…01/11/24-02/09/24 - 401 IM… 1015-210021068367 02/14/… 601-5060-436.2702 1,444.50 02/22/2024 102528 CALIFORNIA AMERICAN WAT…01/11/24-02/09/24 - 423 IB … 1015-210021068541 02/13/… 601-5060-436.2702 150.39 02/22/2024 102528 CALIFORNIA AMERICAN WAT…01/12/24-02/12/24 - 845 EN… 1015-210021082448 02/14/… 101-6020-452.2702 135.41 02/22/2024 102528 CALIFORNIA AMERICAN WAT…01/11/24-02/09/24 - 710 5TH…1015-220018914676 02/13/… 101-1910-419.2702 48.24 02/22/2024 102528 CALIFORNIA AMERICAN WAT…01/05/24-02/05/24 - HYDRA… 1015-220029776225 02/07/… 101-6010-451.2702 479.61 02/22/2024 102528 CALIFORNIA AMERICAN WAT…01/11/24-02/09/24 - 582 IB … 1015-220030150199 02/13/… 101-6020-452.2702 48.24 02/22/2024 102529 COX COMMUNICATIONS 02/09/24-03/08/24 - 1075 8… 02-09-2024 0302 503-1923-419.2104 100.00 02/22/2024 102530 DEPARTMENT OF JUSTICE JAN 2024 EMPLOYEE FINGER… 712680 101-1130-412.2006 211.00 02/22/2024 102531 ESGIL CORPORATION JAN 2024 PLAN CHECK SRVCS 210147 101-3040-424.2016 220.00 02/22/2024 102532 GRAINGER LITHIUM GREASE AEROSOL C…9000614090 601-5060-436.3002 240068 65.00 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…LIGHT BULBS (4) - DUNES PA… 1904418 101-6040-454.3002 114.05 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…DOOR WEDGE, CHEST(3)-SPE…1972289 101-6014-451.2808 420.15 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…HEART & CHAIN - FLEET SHOP…2012633 501-1921-419.3002 236.76 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…GREEN MARKING PAINT, SPR…2083094 601-5060-436.3002 94.62 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…CLEANING SUPPLIES - G. LAR…2523488 101-1910-419.3002 99.17 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…STOCK BULBS - D. COLAHAN 2523541 101-1910-419.3002 53.85 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…GRAFFITI SUPPLIES - D. MART…2523554 101-5010-431.3002 180.79 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…VACUUM - FEET DIV - A. ROD…2648090 501-1921-419.2816 206.63 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…WATER LINES - PIER PLAZA S… 3540712 101-6040-454.3002 42.83 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…TOOLS, CLEANING SUPPLIES -…4292171 101-6040-454.3002 204.91 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…FLEX CONDUIT FLEET HEATE… 4543119 101-1910-419.2801 47.25 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…SANDPAPER - D. COLAHAN 5024679 101-1910-419.3002 36.72

Page 12 of 187 ends

Expense Approval Report Payment Dates: 2/10/2024 - 2/23/2024 2/23/2024 2:27:56 PM Page 5 of 11
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…DUPLEX OUTLETS (4), DIMM… 522568 101-1910-419.3002 83.87 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…STORAGE BINS (3) - PRCS DE… 5291611 101-6010-451.3002 78.59 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…FLEET PLIERS - A. RODRIGUEZ 534320 501-1921-419.2816 114.50 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…WAX RING KIT (2) - D. COLA… 544983 101-1910-419.2801 12.89 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…CONCRETE PATCH MIX - A. G… 544988 101-5010-431.3002 53.53 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…PRIMER, KICK PLATE AND HA… 5523159 101-6040-454.3002 125.86 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…RAGS, JIGSAW BLADES, SAN… 5540341 101-6040-454.3002 34.34 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…TOOL BOX - TRUCK 104 - A. … 6460818 501-1921-419.2816 560.65 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…TAPE, SAFETY GLASSES, RAGS…6540215 101-6040-454.3002 85.68 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…TAPE, ELECTRIC FITTING - FLE…7544001 501-1921-419.2816 45.50 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…SUPPLIES - COMM RESPONSE…7971653 101-6016-451.3002 209.15 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…FLAGS STAKES, GRAPHITE - K.…8042921 101-6020-452.3002 46.24 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…EDGER BLADES - K. HENDER… 8083741 101-6020-452.3002 43.04 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…BROOM, WD-40 (2) - FD - P. … 8292560 101-3020-422.3002 34.94 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…CHAIN OIL, LOPPER AND PET… 8522806 101-5010-431.3002 96.06 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…LUMBER & GLOVES - G. LAR… 9292471 101-6020-452.3002 242.55 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…DRILL BITS,THREAD ROD,CO… 9533300 101-6040-454.3002 145.17 02/22/2024 102533 HOME DEPOT CREDIT SERVIC…HEAT VENT PRESSURE WASH …9535062 501-1921-419.2816 27.60 02/22/2024 102534 KANE, BALLMER & BERKMAN DEC 2023 LEGAL SRVCS (LWC…28315B 101-1110-412.2903 19,745.00 02/22/2024 102535 LILY FLYTE LODGING, MEALS - CSMFO C… 02-08-2024 101-1210-413.2804 678.68 02/22/2024 102536 LLOYD PEST CONTROL 02/07/24 - 950 OCEAN LN #1…8363542 101-1910-419.2022 240028 65.00 02/22/2024 102536 LLOYD PEST CONTROL 02/08/24 - 845 IB BLVD #112… 8364295 101-1910-419.2022 240028 39.00 02/22/2024 102536 LLOYD PEST CONTROL 02/08/24 - 865 IB BLVD #112… 8364313 101-1910-419.2022 240028 44.00 02/22/2024 102536 LLOYD PEST CONTROL 02/08/24 - 825 IB BLVD #112… 8365156 101-1910-419.2022 240028 39.00 02/22/2024 102536 LLOYD PEST CONTROL 02/09/24 - 1075 8TH ST #11… 8365769 101-1910-419.2022 240028 58.00 02/22/2024 102537 NEXTAFF GROUP, LLC. WE 01/21/24 HR TEMP E M… 5054160 101-1130-412.2101 900.00 02/22/2024 102537 NEXTAFF GROUP, LLC. WE 02/04/24 HR TEMP E M… 5054559 101-1130-412.2101 900.00 02/22/2024 102538 NEXUSPLAN, INC JAN 2024 - BAYSHORE BIKE… GRT076-07 214-5050-435.2006 240051 71,165.26 02/22/2024 102539 NEYENESCH PRINTERS, INC. COMMUNITY CARD MAILING …63250 101-1230-413.2807 866.31 02/22/2024 102540 O'REILLY AUTO PARTS #3980 REESE TOWPOWER (6), CON… 3980-130156 501-1921-419.2816 163.00 02/22/2024 102540 O'REILLY AUTO PARTS #3980 SHOCKS-R (2), SHOCKS-F (2) -…3980-130790 501-1921-419.2816 109.21 02/22/2024 102540 O'REILLY AUTO PARTS #3980 DIRECTIONAL SWITCH - TRU… 3980-131995 501-1921-419.2816 88.27 02/22/2024 102540 O'REILLY AUTO PARTS #3980 OIL FILTER, WIPER BLADES (2)…3980-132478 501-1921-419.2816 47.05 02/22/2024 102541 PARKHOUSE TIRE INC TIRES - TRUCK 612 & TRUCK … 3010406216 501-1921-419.2816 201.19 02/22/2024 102542 PROTECTION ONE ALARM M… FEB 2024 - 10 PUMP STATIO… 153648845 601-5060-436.2023 240014 426.71 02/22/2024 102543 SAN DIEGO FRICTION PROD… BEACON PULSE (2) - TRUCK 1…01P21021 501-1921-419.2816 367.02 02/22/2024 102544 SHERRILL FORTIN REIMB. FLOWERS - C BERNAL…01-24-2024 101-1210-413.2902 46.66 02/22/2024 102545 SITEONE LANDSCAPE SUPPLY,…T.B.S., ELBOW SOCKET, COUP…138065412-001 101-6020-452.3002 240018 285.02 02/22/2024 102546 SLOAN ELECTRIC COMPANY AC ELECTRICAL TESTING & TE…573722 601-5060-436.2006 2,991.19 02/22/2024 102547 SOUTHERN CALIFORNIA SHR… 11/13/23 PAPER SHREDDING 242574 101-1020-411.2104 240064 70.00 02/22/2024 102547 SOUTHERN CALIFORNIA SHR… 01/08/24 PAPER SHREDDING 247535 101-1020-411.2104 240064 48.00 02/22/2024 102548 TRENTMAN CORPORATION SQUARE POST (20), STOP/SL… 15483 101-5010-431.2123 1,204.50 02/22/2024 102548 TRENTMAN CORPORATION PAINT (50GA) - STOP BARS & …15488 101-5010-431.2123 1,194.54 02/22/2024 102549 VERIZON BUSINESS SERVICES JAN 2024 SV886848 - SENIOR…72836463 503-1923-419.2704 88.01

Page 13 of 187 ends

Expense Approval Report Payment Dates: 2/10/2024 - 2/23/2024 2/23/2024 2:27:56 PM Page 6 of 11
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 02/22/2024 102549 VERIZON BUSINESS SERVICES JAN 2024 SV202863 - MS 72836582 503-1923-419.2704 120.20 02/22/2024 102549 VERIZON BUSINESS SERVICES JAN 2024 SV202862 - FD 72837627 503-1923-419.2704 114.16 02/22/2024 102549 VERIZON BUSINESS SERVICES JAN 2024 SV202864 - PW 72837631 503-1923-419.2704 182.12 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 NO COST … 9956162516 101-1010-411.2705 5.18 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 CITY COU… 9956162516 101-1010-411.2705 300.25 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 CITY CLERK 9956162516 101-1020-411.2705 85.45 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 NO COST … 9956162516 101-1110-412.2705 23.59 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 HUMAN R…9956162516 101-1130-412.2705 43.76 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 FINANCE 9956162516 101-1210-413.2705 62.31 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 NO COST … 9956162516 101-1210-413.2705 23.59 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 COMM D… 9956162516 101-1230-413.2705 94.12 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 NO COST … 9956162516 101-1230-413.2705 23.59 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 FACILITIES 9956162516 101-1910-419.2705 161.96 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 NON DEPT…9956162516 101-1920-419.2705 228.06 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 FIRE 9956162516 101-3020-422.2705 177.76 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 NO COST … 9956162516 101-3020-422.2705 47.18 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 LIFEGUAR… 9956162516 101-3030-423.2705 305.53 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 NO COST … 9956162516 101-3030-423.2705 23.59 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 HOUSING 9956162516 101-3040-424.2705 42.55 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 BUILDING 9956162516 101-3040-424.2705 107.04 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 CODE 9956162516 101-3070-427.2705 99.25 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 STREETS 9956162516 101-5010-431.2705 310.68 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 NO COST … 9956162516 101-5020-432.2705 41.53 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 PUBLIC W… 9956162516 101-5020-432.2705 173.63 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 ENV SERV… 9956162516 101-5050-435.2705 23.57 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 RECREATI… 9956162516 101-6010-451.2705 275.31 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 PARKS AN… 9956162516 101-6010-451.2705 41.53 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 RANGER 9956162516 101-6010-451.2705 18.16 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 PARKS 9956162516 101-6020-452.2705 168.39 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 TIDELANDS 9956162516 101-6040-454.2705 207.93 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 FLEET 9956162516 501-1921-419.2705 27.70 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 NO COST … 9956162516 503-1923-419.2705 136.30 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 INFO TECH 9956162516 503-1923-419.2705 106.07 02/22/2024 102550 VERIZON WIRELESS 01/09/24-1/08/24 SEWER 9956162516 601-5060-436.2705 240.73 02/16/2024 DFT0007770 CALIFORNIA STATE DISBURS… SDU CHILD SUPPORT PPE 02… 47217455 101-0000-209.0107 712.56 02/16/2024 DFT0007771 COLONIAL LIFE & ACCIDENT COLONIAL PRE-TAX Feb 2024…94981140202970 101-0000-209.0113 25.00 02/16/2024 DFT0007779 CALPERS LG L2 23011 EE PPE 02/08/24 100000017409956 EE 101-0000-209.0106 402.16 02/16/2024 DFT0007780 CALPERS LG L2 23011 ER PPE 02/08/24 100000017409956 ER 101-0000-209.0106 500.36 02/16/2024 DFT0007781 CALPERS MISC L2 23012 EE PPE 02/08…100000017409995 EE 101-0000-209.0106 1,330.87 02/16/2024 DFT0007782 CALPERS MISC L2 23012 ER PPE 02/08…100000017409995 ER 101-0000-209.0106 1,663.57 02/16/2024 DFT0007783 CALPERS FIRE PEPRA 25375 EE PPE 02…100000017410041 EE 101-0000-209.0106 4,593.69 02/16/2024 DFT0007784 CALPERS FIRE PEPRA 25375 ER PPE 02…100000017410041 ER 101-0000-209.0106 4,523.54 02/16/2024 DFT0007784 CALPERS FIRE PEPRA 25375 ER PPE 02…100000017410041 ER 101-0000-209.0106 0.01 02/16/2024 DFT0007785 CALPERS LG PEPRA 25376 EE PPE 02/0…100000017410081 EE 101-0000-209.0106 2,094.15

Page 14 of 187 ends

Expense Approval Report Payment Dates: 2/10/2024 - 2/23/2024 2/23/2024 2:27:56 PM Page 7 of 11
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 02/16/2024 DFT0007786 CALPERS LG PEPRA 25376 ER PPE 02/… 100000017410081 ER 101-0000-209.0106 2,062.18 02/16/2024 DFT0007786 CALPERS LG PEPRA 25376 ER ADMIN F…100000017410081 ER 101-1210-413.2102 200.00 02/16/2024 DFT0007787 CALPERS MISC PEPRA 26352 EE PPE 0… 100000017410120 EE 101-0000-209.0106 10,742.68 02/16/2024 DFT0007788 CALPERS MISC PEPRA 26352 ER PPE 0… 100000017410120 ER 101-0000-209.0106 10,645.67 02/16/2024 DFT0007789 CALPERS FIRE L1 4625 EE PPE 02/08/… 100000017409886 EE 101-0000-209.0106 3,851.72 02/16/2024 DFT0007790 CALPERS FIRE L1 4625 ER PPE 02/08/… 100000017409886 ER 101-0000-209.0106 4,962.34 02/16/2024 DFT0007791 CALPERS LG L1 4626 EE PPE 02/08/24 100000017409920 EE 101-0000-209.0106 1,072.62 02/16/2024 DFT0007792 CALPERS LG L1 4626 ER PPE 02/08/24 100000017409920 ER 101-0000-209.0106 1,340.77 02/16/2024 DFT0007793 CALPERS MISC L1 470 EE PPE 02/08/24 100000017409858 EE 101-0000-209.0106 7,530.78 02/16/2024 DFT0007794 CALPERS MISC L1 470 ER PPE 02/08/24 100000017409858 ER 101-0000-209.0106 9,169.45 02/16/2024 DFT0007795 CALPERS SCP ARSC POST-TAX PPE 02/… PPE 02-08-2024 ARSCT 101-0000-209.0106 180.63 02/16/2024 DFT0007796 CALPERS SCP SPM PRE-TAX PPE 02/08…PPE 02-08-2024 SPMTD 101-0000-209.0106 87.85 02/16/2024 DFT0007797 CALPERS PERS SCP SPM TAXED 02/08… PPE 02-08-2024 SPMT 101-0000-209.0106 395.55 02/20/2024 DFT0007801 STATE OF CALIFORNIA STATE TAX W/H PPE 02/08/… 7633315 101-0000-209.0105 12,327.07 02/16/2024 DFT0007802 STATE OF CALIFORNIA SDI W/H PPE 02/08/24 MA… 7633327 101-0000-209.0115 4.68 02/16/2024 DFT0007802 STATE OF CALIFORNIA SDI W/H PPE 02/08/24 ADDL…7633327 101-0000-209.0115 11.00 02/16/2024 DFT0007802 STATE OF CALIFORNIA SDI W/H PPE 02/08/24 7633327 101-0000-209.0115 320.31 02/16/2024 DFT0007803 INTERNAL REVENUE SERVICE FED TAX W/H PPE 02/08/24… 30795880 FED 101-0000-209.0102 102.12 02/16/2024 DFT0007803 INTERNAL REVENUE SERVICE FED TAX W/H PPE 02/08/24 30795880 FED 101-0000-209.0102 32,574.27 02/16/2024 DFT0007804 INTERNAL REVENUE SERVICE MEDICARE W/H PPE 02/08/… 30795880 MED 101-0000-209.0104 10,554.26 02/16/2024 DFT0007804 INTERNAL REVENUE SERVICE MEDICARE W/H PPE 02/08/… 30795880 MED 101-0000-209.0104 29.00 02/16/2024 DFT0007804 INTERNAL REVENUE SERVICE MEDICARE W/H PPE 02/08/… 30795880 MED 101-0000-209.0104 12.82 02/16/2024 DFT0007806 INTERNAL REVENUE SERVICE SOCIAL SECURITY PPE 02/08… 30795880 SS 101-0000-209.0104 42,987.18 Grand Total: 371,667.50

Page 15 of 187 ends

Expense Approval Report Payment Dates: 2/10/2024 - 2/23/2024 2/23/2024 2:27:56 PM Page 8 of 11
Report Summary
Fund Summary
Fund Payment Amount
101 - GENERAL FUND 257,419.29
214 - MISCELLANEOUS GRANTS 73,563.26
420 - PARKS MAJOR MAINTENAN CIP 230.00
501 - VEHICLE REPLACEMENT/MAINT 4,663.38
503 - TECHNOLOGY/COMMUNICATIONS 13,743.03
601 - SEWER ENTERPRISE FUND 22,048.54
Grand Total: 371,667.50
Account Summary
Account Number Account Name Payment Amount
101-0000-209.0102 P/R FIT PAYABLE 32,676.39
101-0000-209.0104 P/R FICA PAYABLE 53,583.26
101-0000-209.0105 P/R STATE TAX LIABILITI… 12,327.07
101-0000-209.0106 P/R PERS RETIREMENT P… 67,150.59
101-0000-209.0107 P/R GARNISHMENT PAY… 712.56
101-0000-209.0113 P/R VOLUNTARY LIFE IN… 25.00
101-0000-209.0115 P/R STD-PART-TIME 335.99
101-0000-221.0102 DEVELOPER DEPOSITS 6,402.09
101-0000-322.7303 ELECTRICAL PERMITS 223.20
101-1010-411.2705 UTILITIES-CELL PHONES 305.43
101-1020-411.2104 TECHNICAL SERVICES 118.00
101-1020-411.2705 UTILITIES-CELL PHONES 85.45
101-1020-411.2807 ADVERTISING 180.00
101-1110-412.2705 UTILITIES-CELL PHONES 23.59
101-1110-412.2804 TRAVEL, TRAINING, MEE… 100.89
101-1110-412.2903 CONTINGENCY ACCOUNT 19,745.00
101-1130-412.2006 PROFESSIONAL SERVICES 336.00
101-1130-412.2101 TEMPORARY STAFFING 1,800.00
101-1130-412.2705 UTILITIES-CELL PHONES 43.76
101-1210-413.2102 ADMINISTRATION CHAR… 200.00
101-1210-413.2705 UTILITIES-CELL PHONES 85.90
101-1210-413.2804 TRAVEL, TRAINING, MEE… 678.68
101-1210-413.2902 EMPLOYEE RECOGNITIO… 46.66
101-1210-413.3002 OPERATING SUPPLIES 55.79
101-1230-413.2006 PROFESSIONAL SERVICES 122.32
101-1230-413.2705 UTILITIES-CELL PHONES 117.71
101-1230-413.2807 ADVERTISING 866.31
101-1910-419.2006 PROFESSIONAL SERVICES 32.94
101-1910-419.2022 PEST CONTROL SERVICE 245.00
101-1910-419.2104 TECHNICAL SERVICES 1,332.50

Page 16 of 187 ends

Expense Approval Report Payment Dates: 2/10/2024 - 2/23/2024 2/23/2024 2:27:56 PM Page 9 of 11
Account Summary
Account Number Account Name Payment Amount
101-1910-419.2701 GAS & ELECTRIC (SDG&E) 8,006.92
101-1910-419.2702 UTILITIES-WATER 2,492.01
101-1910-419.2705 UTILITIES-CELL PHONES 161.96
101-1910-419.2801 MAINTENANCE & REPAIR 60.14
101-1910-419.3002 OPERATING SUPPLIES 1,241.66
101-1920-419.2705 UTILITIES-CELL PHONES 228.06
101-1920-419.2809 POSTAGE & FREIGHT 2,363.00
101-3020-422.2006 PROFESSIONAL SERVICES 2,648.77
101-3020-422.2104 TECHNICAL SERVICES 1,130.31
101-3020-422.2705 UTILITIES-CELL PHONES 224.94
101-3020-422.3002 OPERATING SUPPLIES 824.90
101-3030-423.2705 UTILITIES-CELL PHONES 329.12
101-3030-423.2801 MAINTENANCE & REPAIR 660.00
101-3030-423.2804 TRAVEL, TRAINING, MEE… 800.00
101-3040-424.2016 PLAN CHECK SERVICES 220.00
101-3040-424.2705 UTILITIES-CELL PHONES 149.59
101-3050-425.2006 PROFESSIONAL SERVICES 347.00
101-3070-427.2705 UTILITIES-CELL PHONES 99.25
101-5010-431.2123 TRAFFIC CONTROL 2,399.04
101-5010-431.2701 GAS & ELECTRIC (SDG&E) 5,950.84
101-5010-431.2705 UTILITIES-CELL PHONES 310.68
101-5010-431.3002 OPERATING SUPPLIES 662.20
101-5020-432.2503 RENT-UNIFORMS 321.51
101-5020-432.2705 UTILITIES-CELL PHONES 215.16
101-5040-434.2104 TECHNICAL SERVICES 1,189.69
101-5040-434.2904 OTHER SERVICES & CHA… 173.00
101-5050-435.2705 UTILITIES-CELL PHONES 23.57
101-6010-451.2006 PROFESSIONAL SERVICES 2,000.00
101-6010-451.2107 CONTRACTS - RECREATI… 3,797.20
101-6010-451.2701 GAS & ELECTRIC (SDG&E) 442.45
101-6010-451.2702 UTILITIES-WATER 606.54
101-6010-451.2705 UTILITIES-CELL PHONES 335.00
101-6010-451.3002 OPERATING SUPPLIES 78.59
101-6014-451.2808 COMMUNITY PROGRAMS 420.15
101-6016-451.3002 OPERATING SUPPLIES 209.15
101-6020-452.2701 GAS & ELECTRIC (SDG&E) 3,561.44
101-6020-452.2702 UTILITIES-WATER 2,432.13
101-6020-452.2705 UTILITIES-CELL PHONES 168.39
101-6020-452.2801 MAINTENANCE & REPAIR 460.90
101-6020-452.3002 OPERATING SUPPLIES 616.85
101-6030-453.3002 OPERATING SUPPLIES 620.34
101-6040-454.2022 PEST CONTROL SERVICE 500.00

Page 17 of 187 ends

Expense Approval Report Payment Dates: 2/10/2024 - 2/23/2024 2/23/2024 2:27:56 PM Page 10 of 11
Account Summary
Account Number Account Name Payment Amount
101-6040-454.2104 TECHNICAL SERVICES 6,543.50
101-6040-454.2705 UTILITIES-CELL PHONES 207.93
101-6040-454.3002 OPERATING SUPPLIES 1,227.33
214-5050-435.2006 PROFESSIONAL SERVICES 71,165.26
214-6010-451.2006 PROFESSIONAL SERVICES 630.00
214-6030-453.2310 SENIOR PROGRAMS 1,768.00
420-6020-552.2006 PROFESSIONAL SERVICES 230.00
501-1921-419.2705 UTILITIES-CELL PHONES 27.70
501-1921-419.2813 FEES & LICENSES 365.00
501-1921-419.2816 VEHICLE OPERATE-PARTS… 4,033.92
501-1921-419.3002 OPERATING SUPPLIES 236.76
503-1923-419.2104 TECHNICAL SERVICES 409.84
503-1923-419.2704 UTILITIES-TELEPHONE 922.90
503-1923-419.2705 UTILITIES-CELL PHONES 242.37
503-1923-419.2813 FEES & LICENSES 12,167.92
601-5060-436.2006 PROFESSIONAL SERVICES 2,991.19
601-5060-436.2023 SECURITY & ALARM 426.71
601-5060-436.2701 GAS & ELECTRIC (SDG&E) 4,436.36
601-5060-436.2702 UTILITIES-WATER 1,836.16
601-5060-436.2705 UTILITIES-CELL PHONES 240.73
601-5060-436.2801 MAINTENANCE & REPAIR 10,069.77
601-5060-436.2813 FEES & LICENSES 1,888.00
601-5060-436.3002 OPERATING SUPPLIES 159.62
Grand Total: 371,667.50
Project Account Summary
Project Account Key Payment Amount
**None** 270,706.81
22-0077-DEP 1,071.74
22-0098-DEP 443.98
22-0109-DEP 567.53
22-0119-DEP 49.44
23-0007-DEP 1,391.53
23-0018-DEP 861.08
23-0019-DEP 24.72
23-0033-DEP 438.78
23-0039-DEP 49.44
23-0051-DEP 562.94
23-0062-DEP 655.08
24-0001-DEP 285.83
GRT068-EXP 1,020.34

Page 18 of 187 ends

Expense Approval Report Payment Dates: 2/10/2024 - 2/23/2024 2/23/2024 2:27:56 PM Page 11 of 11
Project Account Summary
Project Account Key Payment Amount
GRT070-EXP 630.00
GRT076-P 71,165.26
GRT077-EXP 1,768.00
LWC365-P 19,745.00
P23101-I 230.00
Grand Total: 371,667.50

Page 19 of 187 ends

P a g e | 1
March 6, 2024
ITEM TITLE: SECOND READING AND ADOPTION OF ORDINANCE NO. 2024-1242 TO ADOPT LOCAL CAMPAIGN CONTRIBUTION LIMIT ORDINANCE PURSUANT TO AD HOC’S RECOMMENDATION. (0430-95)
ORIGINATING DEPARTMENT:

Local Campaign Finance Ad Hoc Sub-Committee
EXECUTIVE SUMMARY:

The City Council may consider adopting local campaign contribution limit regulations rather than allowing the State default regulations to apply. After eight months of study and public outreach, the Ad Hoc Committee is submitting the attached draft ordinance for Council consideration and adoption.

RECOMMENDATION:

Staff recommends that the City Council conduct the second reading and adoption of Ordinance No. 2024-1242 by title only.

OPTIONS:
 Approve staff’s recommendation conducting the second reading and adoption of Ordinance No. 2024-1242 by title only; or
 Approve staff’s recommendation with alternative amendments or modifications; or  Request additional information and an additional report.

BACKGROUND/ANALYSIS:

In early 2023, Mayor Pro Tem McKay requested that there be a City Council discussion on local campaign contribution regulations. In April of 2023, the City Council had a discussion at a Council meeting on the subject and formed an Ad Hoc Committee of Mayor Aguirre and Mayor Pro Tem McKay to evaluate the subject further and possibly submit a draft local campaign contribution ordinance to the City Council prior to the 2024 election cycle.

The Ad Hoc Committee met numerous times and held four public meetings to evaluate the topic and gather public input on potential regulations. The Ad Hoc Committee studied the regulations of other jurisdictions and considered the public input which included comments on the following topics: necessity for regulations, local conditions for Imperial Beach elections, pros and cons of lower contribution limits, staff workload, enforcement process, cost of special counsel, and complaint process. An informal summary of the public sessions is available in Attachment 2. The Ad Hoc Committee also met with representatives of the District Attorney’s Office and listened to a presentation about harassment and intimidation in public office from Dr. Carl Luna, Director of the Institute for Civic Engagement who is a visiting professor at the University of San Diego.

Page 20 of 187 ends

P a g e | 2
A local jurisdiction may enact a campaign ordinance that provides for additional or different campaign contribution requirements for candidates in its jurisdiction that is different than the State law contribution limits. Currently, the City of Imperial Beach does not have its own local campaign contribution limits, so it uses the default contribution limit set by the State. Effective January 1, 2021, the State set a default campaign contribution limit that applies to city and county candidates when the city or county has not already enacted a local contribution limit. Along with the new campaign contribution limit, there are other related provisions that formerly applied only to State level candidates that will now apply to city and county candidates. Pursuant to Fair Political Practices Commission Regulation 18545(a), the State default contribution limit is $5,500 for elections occurring between 1/1/23 and 12/31/24 for city councilmembers.

Another factor in State law that the City Council could consider in evaluating this subject is the new law adopted by SB1439 that amended Government Code section 84308 and prohibits a councilmember from accepting a campaign donation of more than $250 from an applicant with a proceeding before the City Council. It also requires Council members to recuse themselves from voting on an item if they received a campaign contribution of more than $250 from an applicant as defined by the law. If the City Council were to set the campaign contributions limits at the $250 threshold, then the requirements of section 84308 would likely not impact City councilmembers very often.

Conversely, setting the limits at the $250 amount to coincide with Government Code Section 84308 would have an impact on those who wish to contribute to campaigns even though they have no proceedings before the City Council or relationship with the City. Essentially, SB1439 only applies to contributions from certain specified parties, whereas if the City Council adopts a local campaign ordinance, the monetary threshold will apply to everyone who contributes even if they would have not been impacted by the limitations in SB1439. These are all factors for the City Council to evaluate and consider as it wishes.

If the City Council wants to adopt its own campaign contribution limits to be different than the State default contribution limits, it could do so based on the City’s unique characteristics and local conditions. The draft regulations in the attached Exhibit A to Ordinance No. 2024-1242 are similar to regulations in other local jurisdictions but are tailored to the specific needs of the residents and voters of the City of Imperial Beach. Anything not included in the ordinance as a specific regulation will default to state law on the topic. For example, State law specifies the format and timeframes for when campaign statements are supposed to be filed for a candidate for an election. Format and timelines for campaign statements are not regulated in the City’s ordinance, therefore, the State rules will apply on these subjects.

The draft regulations set a maximum campaign contribution limit per candidate per election to be $250 for candidates running for the position of councilmember or the position of mayor (i.e., the same amount for all candidates running for any position on the City Council).

The purpose of the draft ordinance is to encourage participation in fair and inclusive elections because it is important to effective local government. The regulations seek to ensure all candidates and their supporters are provided with rules and guidelines that are clear, unbiased, and objective. Additionally, contribution limits may be established to ensure that qualified candidates have an opportunity to engage in the political process even if they possess different fiscal resources.

Further, the draft regulations make clear that the City disavows any illegal behavior with respect to elections and encourages residents to report any activity associated with vandalism, harassment, theft, or stalking to the City’s hotline which will be put on the City’s website.

Vandalism and theft of campaign signs are crimes under state law which will be prosecuted by the District Attorney’s Office, or appropriate public official, pursuant to state statutes and penalties.

Page 21 of 187 ends

P a g e | 3
Additionally, assault, harassment, or stalking of a candidate/public official is a crime under state law which will be prosecuted by the District Attorney’s Office, or appropriate public official, pursuant to state statutes and penalties. The City will actively communicate public information to discourage any such illegal behavior so that elections can be fair and impartial.

If the City Council does adopt its own campaign contribution limits, the City will then be responsible for the enforcement of those regulations. If an ordinance is adopted, it would take effect 30 days after its adoption and would apply to contributions received after the effective date of the Ordinance for the 2024 election cycle. City Staff informally researched other jurisdictions and found that the hiring of additional staff is not required and the impact on workload is limited.

On average, of the cities that participated in the survey, three cities indicated having enforcement costs of less than $5,000. If the City does not adopt its own regulations, then the State continues to be the one to enforce the laws related to the default State contribution limits.

The introduction and first reading of Ordinance No. 2024-1242 took place at the February 21, 2024 City Council meeting.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

If the City Council does adopt its own campaign contribution limits, special counsel will be required. Staff would return to the City Council with the approval of a Professional Services Agreement for special counsel at a future City Council meeting.

ATTACHMENTS:

1. Ordinance No. 2024-1242 (with Exhibit A)

2. Informal summary of public input sessions

3. Code of Fair Campaign Practices Statement (referenced in Section 2.55.100 of Ex. A to Ordinance No. 2024-1242)

Page 22 of 187 ends

ATTACHMENT 1
1 ORDINANCE NO. 2024-1242

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH,

CALIFORNIA, AMENDING THE IMPERIAL BEACH MUNICIPAL CODE TO ADD CHAPTER

2.55 CAMPAIGN REGULATIONS AND CONTRIBUTION LIMITS
WHEREAS, the City Council of Imperial Beach created a limited term and limited purpose ad hoc committee of two Councilmembers to study and facilitate public input on the potential adoption of campaign contribution regulations;
WHEREAS, the City Council ad hoc committee held four public outreach meetings and gathered input on the community’s specific concerns related to campaign contribution regulations and other aspects related to City elections;
WHEREAS, in order to preserve an orderly political forum in which individuals may express themselves effectively;
WHEREAS, to place realistic and enforceable limits on the amounts of contributions that may be given to political campaigns in our future City elections; WHEREAS, to prevent any undue influence or attempts to develop a broader base of political efficacy in the community by giving large campaign contributions to candidates in local elections;
WHEREAS, to provide full and fair enforcement of all provisions of this Ordinance; WHEREAS, to encourage the public to participate as candidates in elections by simplifying the local regulations; and
WHEREAS, to encourage public awareness and discourage the occurrence of the crimes of vandalism and theft of campaign signs; and violence, harassment, and stalking of candidates; and
WHEREAS, the City Council of Imperial Beach desires to adopt its own local regulations related to campaign contribution limits such that the State default contribution limits found in California Code of Regulations section 18545(a)(9), as it is amended from time to time, will not apply to elections held for City of Imperial Beach offices from and after the effective date of this Ordinance.

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

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

Section 2. Chapter 2.55 “Campaign Regulations and Contribution Limits” is hereby added to the Imperial Beach Municipal Code to read as found in Exhibit “A” to this Ordinance which is attached hereto and incorporated herein by reference.

Page 23 of 187 ends

ATTACHMENT 1
2 Section 3. This Ordinance shall become effective thirty (30) days following its passage and adoption. All provisions of this Ordinance will take effect at that time for any contribution made on or after the effective date of this Ordinance.

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

INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Imperial Beach, held on the 21st day of February 2024, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Imperial Beach, California, held on the 6th day of March 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK
APPROVED AS TO FORM:

JENNIFER M. LYON

CITY ATTORNEY

Page 24 of 187 ends

ATTACHMENT 1
3 EXHIBIT A

Page 25 of 187 ends

ATTACHMENT 1
4 Chapter 2.55 Campaign Regulations and Contribution Limits Sections:

2.55.010 Purpose and Scope.

2.55.020 Definitions.

2.55.030 Campaign Statements.

2.55.040 Limitation on Amount of Contributions.

2.55.050 Return of Prohibited Contributions.

2.55.060 Notice Regarding Personal Funds.

2.55.070 Prohibitions.

2.55.080 Appointment of Special Counsel.

2.55.090 Enforcement.

2.55.100

2.55.110

2.55.120
Penalties.

Ethics.

Severability.

2.55.010 Purpose and Scope.

Participation in fair and inclusive elections is the cornerstone to effective local government. The purpose of this chapter is to ensure all candidates and their supporters are provided with rules and guidelines that are clear, unbiased, and objective. Additionally, contribution limits have been established to ensure that qualified candidates have an opportunity to engage in the political process even if they possess different fiscal resources. The ideal is for each candidate to be motivated by community interests without even the appearance of influence from large financial contributors.

The City disavows any illegal behavior with respect to elections and encourages residents to report any activity associated with vandalism, harassment, theft, or stalking to the City’s hotline which can be found on the City’s website. Vandalism and theft of campaign signs are crimes under state law which will be prosecuted by the District Attorney’s Office, or appropriate public official, pursuant to state statutes and penalties. Additionally, assault, harassment, or stalking of a candidate/public official is a crime under state law which will be prosecuted by the District Attorney’s Office, or appropriate public official, pursuant to state statutes and penalties. The City will actively communicate public information to discourage any such illegal behavior so that elections can be fair and impartial.

The contents of this chapter are intended to be consistent with and supplement the requirements of California State law and constitutional requirements regarding election protocols. Specifically, the provisions of Article XI, Section 7 of the California Constitution and California Government Code Section 81013 support the finding that municipal elections are municipal affairs; the regulation of campaign contributions and expenditures in municipal elections is not preempted by general state law; and such activity is the proper subject of municipal regulation under the authority granted to cities by the State of California.

2.55.020 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this subsection:

Page 26 of 187 ends

ATTACHMENT 1
5 “Campaign statement” means an itemized report prepared on a form provided by the City Clerk that provides the information required by this chapter. “Candidate” means an individual listed on the ballot or qualified to receive write-in votes counted by election officials for nomination or election to the position of Mayor or member of the City Council, or who receives a financial contribution or makes an expenditure or gives his or her consent for any other person to receive a contribution or make an expenditure with the intention of bringing about his or her nomination or election to the position of Mayor or member of the City Council, whether or not the specific elective office is known at the time the contribution is received or the expenditure is made and whether or not candidacy has been declared or filed. “Candidate” also includes any Mayor or Councilmember who is the subject of a recall election. “Closing date” means the date which any report or statement filed under this chapter is required to be complete.
“Committee,” including controlled and independent committees, means any person or combination of persons who directly or indirectly receives contributions or makes expenditures or contributions for the purpose of influencing or attempting to influence the action of voters for or against the nomination or election of one or more candidates for City elective office. For purposes of this chapter, a person or combination of persons becomes a “committee” subject to the regulations of this chapter when such person or combination of persons:

1. Receives, for a City election, campaign contributions totaling $250.00 or more in a calendar year.

2. Expends for a City election a total of $250.00 or more in a calendar year. “Contribution” shall have the meaning set forth in Government Code Section 82015, as amended from time to time, and any related provisions of the California Code of Regulations including but not limited to Title 2, Division 6, Section 18215 of the California Code of Regulations. “Controlled committee” means a committee controlled directly or indirectly by a candidate or that acts jointly with or in coordination with a candidate or another controlled committee in connection with making expenditures. A candidate controls a committee if the candidate or agent or any other committee the candidate controls has significant influence on the actions or decisions of the committee, or if the committee coordinates its expenditures with the expenditures of a candidate or committee controlled by a candidate, whether or not the candidate is personally aware of the coordination.
“Elected Official” (specific to Imperial Beach) means a member of the City Council, including the Mayor.
“Election” means any City general, special, initiative, referendum or recall election. “Electronic filing” means use of a system that provides for the online or electronic transfer of data using telecommunications technology that ensures the integrity of the data transmitted and that creates safeguards against efforts to tamper with or subvert the data. “Entity” means any corporation, company, association, or other organization other than an individual or a political party.
“Expenditure” shall have the meaning set forth in Government Code Section 82025, as amended

Page 27 of 187 ends

ATTACHMENT 1
6 from time to time.
“Independent committee” means any committee which receives contributions or makes expenditures for the purpose of influencing or attempting to influence a City election which is neither controlled by a candidate nor coordinates its expenditures with the expenditures of a candidate or a committee controlled by a candidate.
“Individual” means a singular human being.
“Measure” for the purposes of this chapter, means any proposition submitted to a popular vote at a City election.
“Person” means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company corporation, association, or committee (including both controlled and independent committees), labor union, and any other organization or group of persons acting in concert. “Political party” means any organization qualified to participate in any primary election in the State of California as set forth in California Elections Code Section 5100, or such law as may replace Section 5100.

Unless otherwise provided herein, the definitions, special provisions, and interpretations of the Political Reform Act of 1974, as amended, are to be relied upon in administering this chapter.

The requirements of this chapter are in addition to and shall not be administered or interpreted to be in conflict with, the requirements of the Political Reform Act of 1974.

2.55.030 Campaign Statements.

A. Each candidate, each treasurer of a committee supporting or opposing a candidate, and each treasurer of a committee supporting or opposing a measure shall prepare an itemized statement of campaign contributions received and campaign expenditures made. The statutory provisions of the Political Reform Act of 1974 and the Elections Code Section 11500 et seq. shall be complied with.

B. Campaign statement forms shall be provided by the City Clerk and campaign statements shall be filed with the City Clerk in accordance with the deadlines established by the Political Reform Act of 1974.

C. The City Clerk shall ensure that all campaign statements, filed with the City in accordance with this chapter, are retained and available for public review at City Hall, in accordance with law. Also, the City Clerk shall ensure that copies of the campaign statements are available for public review online on the City’s website and shall remain there for no less than six months following the related election.

D. Any elected officer, candidate, committee, or other person required to file statements, reports or other documents (“statements”) as required by Chapter 4 of the Political Reform Act (California Government Code Section 84100 et seq.) (“filers”) will file such statements using the City Clerk’s online system according to procedures established by the City Clerk and Chapter

2.58 of this code.

E. Any independent expenditure reports filed with the City shall be limited to only the City of Imperial Beach candidates or ballot measures that they are supporting or opposing.

Page 28 of 187 ends

ATTACHMENT 1
7 2.55.040 Limitation on Amount of Contribution.

A. No individual, person, committee, entity, or political party shall make one or more contributions with a total value of more than $250.00, per election, to:

1. The same candidate for Mayor;

2. The same candidate for City Council; or

3. The same controlled committee of a candidate for Mayor or City Council.

B. This section does not apply to a candidate’s contribution of personal funds to his or her own campaign contribution account or prohibit a controlled committee or political party from conveying to a candidate any monies legally received as contributions. The contribution limitation of this section is not a limitation upon expenditures and shall not limit the expenditures by any candidate, person, or committee.

C. Spouses are two separate individuals for purposes of the contribution limitations of this section.

2.55.050 Return of Prohibited Contributions.

If a contribution is tendered and would be in violation of this chapter, it shall be returned by the candidate to the contributor within 60 days of receipt by the candidate.

2.55.060 Notice Regarding Personal Funds.

If a candidate contributes personal funds to his or her own campaign contribution account of more than $5,000 aggregate, in connection with a campaign for a single election, a candidate shall do all of the following:

A. Prior to contributing the personal funds, the candidate shall provide written notice of the candidate’s intent to contribute more than $5,000 of personal funds to the City Clerk and all opponent candidates. The notice shall be delivered personally or sent by registered mail to the last known address of the opponent candidates as shown in the records of the City Clerk and shall specify the amount of personal funds intended to be contributed. The notice shall also provide the date the personal funds shall be deposited into the candidate’s campaign contribution account. Separate notice is also required for every separate deposit of personal funds of any amount that is a contribution from a candidate to his or her campaign once the candidate has contributed more than $5,000 in personal funds in connection with the campaign for a single election contest.

B. The required notice shall be given no later than 21 days prior to the election, unless the contribution occurs during the 21 days preceding the election, in which case the required notice shall be provided 24 hours prior to deposit into the candidate’s campaign contribution account.

2.55.070 Prohibitions.

A. It is unlawful for any contributor to make, knowingly or willfully, a contribution which is prohibited by this chapter.

B. It is unlawful for any candidate, agent for a candidate, committee, or agent for a committee to solicit, knowingly or willfully, a contribution which is prohibited by this chapter.

Page 29 of 187 ends

ATTACHMENT 1
8 C. It shall be unlawful for any candidate, agent for a candidate, committee, or agent for a committee to accept, knowingly or willfully, a campaign contribution which is prohibited by this chapter.

D. It is unlawful for any person to aid, abet, advise or participate in, knowingly or willfully, a violation of this chapter.

E. No committee shall make any expenditures to influence or attempt to influence the voters in a City election if such committee has not complied with the contribution limitations imposed by this chapter upon such committee’s receipt of funds.

2.55.080 Appointment of Special Counsel.

A. At least 90 days prior to a City election, the City Council shall appoint a special counsel for that election and such additional special counsel as may be required, on such terms and conditions as the City Council deems appropriate.

B. The special counsel shall be the District Attorney, the Attorney General, or such other qualified and independent special counsel or combination of the foregoing as may be appointed by the City Council.

2.55.090 Enforcement.

A. The City’s review and investigation of complaints of alleged violations of this chapter shall be commenced and carried out only by an appointed special counsel. If the special counsel determines that there is a reason to believe that a violation of this chapter has occurred, special counsel shall conduct an investigation as it deems necessary for the enforcement of this chapter.

The special counsel shall have such investigative powers as are necessary for the performance of duties described in this chapter and may demand and shall be furnished records of campaign contributions and expenditures of any person or committee subject to this chapter. In the event production of records is refused, the special counsel may commence civil litigation to complete the production.

B. Persons residing in the City who believe that a violation of this chapter has occurred may file a written complaint for review by the special counsel. If the complaint presents probable cause to believe that a violation has occurred, the special counsel will initiate an investigation of such violation.

C. Review, investigation, enforcement, litigation, and prosecution under this chapter shall be commenced and carried out only by an appointed special counsel. If the special counsel determines that there is good reason to believe that a violation of this chapter has occurred, special counsel may commence such administrative, civil, or criminal legal action as it deems necessary for the enforcement of this chapter.

D. Activity by special counsel in accordance with this chapter shall not be subject to review or control by the City Council or City Attorney. The City Attorney shall not review, investigate, prosecute or otherwise deal with any alleged violation of this chapter, but may defend the constitutionality and legality of this chapter in any civil proceeding in which the City or the City Council is a party.

E. Any action alleging a violation of this chapter must be commenced no later than six months from the date of the related election.

2.55.100 Penalties.

A. Any person who knowingly or willfully violates any provision of this chapter is guilty of a

Page 30 of 187 ends

ATTACHMENT 1
9 misdemeanor.

B. Any person who violates any provision of this chapter shall be liable in a civil action for damages in the amount of $1,000 per violation. In addition, such person shall be liable for the reasonable attorney’s fees and costs incurred by the City in any civil proceeding filed to enforce the provisions of this chapter. Upon collection, the monies shall be deposited into the general fund of the City, earmarked to be used for the purpose of defraying the costs of municipal elections, including but not limited to enforcement of this chapter.

2.55.110 Ethics.

The City Clerk will include a copy of this chapter and a Code of Fair Campaign Practices Statement in the candidate campaign materials.

2.55.120 Severability.

If any provision of this chapter, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this chapter to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this chapter are severable.

Page 31 of 187 ends

ATTACHMENT 2
Ad Hoc on Local Campaign Contribution Limit Regulations Meeting Summary Notes
June 28, 2023 - City Council Chambers (Hybrid Meeting)
Attendance: Mayor Aguirre, Councilmember McKay, Jacque Kelly, Erika Cortez, Reyna Ayala, and Jennifer Lyon
 On April 19, 2023, staff provided a sample Ordinance on local campaign contribution regulations using City of Coronado as an example
 At the same meeting in April, the City Council appointed an Ad Hoc to evaluate and bring back to the City Council an Ordinance for consideration  Staff provided an introduction and background on the appointment of the Ad Hoc to discuss and review local campaign contribution regulations for Imperial Beach  Imperial Beach does not have an Ordinance on campaign contributions limits; therefore, it defaults to the State limit regulated under the FPPC  A general overview of SB1439 – new rule on campaign contributions disclosure, was provided
 A list of all current cities that have an Ordinance and their amounts was provided for general discussion. La Mesa, Oceanside and Imperial Beach are the only agencies that currently default to the state limits because they don’t have an ordinance  Those agencies with an ordinance become the enforcement authority  Staff provided a general overview of the district’s elections  Staff provided a general overview of the timeline and next steps to consider adopting an Ordinance
 In summary, the following public comments were received (approximately 10 verbal and written comments):
o The city of El Cajon has a broad amount as part of their ordinance o Don’t like seeing endorsement of candidates
o Not in favor of large organizations contributing to candidates o Consider a city-wide survey
o What is the cost for special counsel?
o Consider higher limits
o What is the issue and what’s being accomplished? It’s a complicated subject.

What is the cost of regulations?
o State the compelling reason for establishing new regulations; consider experiences of the cities that have an ordinance; cost of special counsel and enforcement, time limits for erection of campaign signs and staff time o Support contribution limits
o Opposed to contributions from outside the city
o Campaign material is a first amendment right
o Consider harassment during the campaign and bullying; survey the community; consider PAC caps
o $250 contribution limit acceptable

Page 32 of 187 ends

ATTACHMENT 2
September 19, 2023 - Dempsey Safety Center (In-Person)
Attendance: Mayor Aguirre, Councilmember McKay, Jacque Kelly, Erika Cortez, Reyna Ayala, and Jennifer Lyon
 Staff provided the same general overview as the June 28th meeting and updated contribution limits based on additional staff research
 Staff provided a general overview of workload and enforcement, cost of special counsel, and compliant process based on an informal survey conducted with other cities that have an ordinance
 Results of the informal survey indicate that the hiring of additional staff is not required, and that the workload increase was limited
 An informal survey showed that the cost of special counsel ranged between $10k-$17k among 3 agencies and varied between less than $5k up to $10k per agency based on 3 agencies
 No agencies have completed a city-wide survey
 Staff provided a general overview of campaign signs and first amendment protections  Written complaints are sent to the City Clerk’s office or Special Counsel  In 2020 – 3 agencies received a total of 6 complaints  In 2022 – 3 agencies received a total of 4 complaints  In summary, the following public comments were received (approximately 16 verbal and written comments):
o Consider theft of campaign signs
o Compare the contribution limits to small agencies similar to Imperial Beach o The cost of complaints may be significant. Consider what problems Imperial Beach has had related to campaigns that we are trying to fix o Why have an Ordinance?
o Support campaign ordinance: what is the purpose of the money and interest to IB, like large unions; include a CPI index. The city council needs to put reasonable contribution restrictions
o Question about how many complaints received by all agencies related to contributions specifically
o Vandalism of signs is a problem; DA will not regulate. Covering up signs should be a violation. Supports CPI
o $250 and CPI is reasonable, no PAC, church, or corporation. Only allow contributions from people who live in the city
o Support having campaign limits; obtain contributions local by knocking on doors; control campaign spending
o Appreciates what the committee is doing
o Has seen elections grow and be contentious over the years. Supports campaign limits and thank you for everything you do for the city o Right track for campaign reform; not fair for campaign that are from outside. o No compelling need; time consuming; establish rules for civility and campaign signs and literature
o Requested copies of the presentations; proposes to wait past this election cycle, would like to a full election cycle for districts; each candidate to make a small contribution for special counsel. Were complaints all from the same agency? o The Union office may be outside Imperial Beach, but union employees live in Imperial Beach and want to have a voice

Page 33 of 187 ends

ATTACHMENT 2
o Smaller amounts are harder for candidates; higher contributions easier for candidates; skipping a cycle is a wise idea
o Union employees living in the city can write a check to their candidates. o The size of campaign sign should be limited and when they can go up October 10, 2023 - City Council Chambers (Hybrid Meeting) Attendance: Mayor Aguirre, Councilmember McKay, Jacque Kelly, Erika Cortez, and Jennifer Lyon  Dr. Carl Luna with the University of San Diego provided a presentation about harassment and intimidation in public office.
 Staff provided the same general overview as the September 19th meeting.  Out of the 15 cities that were informally surveyed for two cycles (2020 and 2022), 6 complaints were received in 2020 for 3 agencies, and 4 complaints were received in 2022 for 3 agencies. In average there were less than $5k in cost for special counsel for these complaints.
 In summary, the following public comments were received (approximately 8 verbal and written comments):
o This is a broader discussion between school board members o There are online threats and fake accounts
o Is paid time off considered for purposes of campaigning o How long can campaign signs stay up; what is the public right-a-way October 21, 2023 - IB Farmer’s Market Veterans Park (In-person) Attendance: Councilmember McKay, Jacque Kelly, Erika Cortez, and Reyna Ayala  Ad hoc and staff attended the IB Farmer’s Market at Veterans Park to obtain additional feedback related to local campaign regulations.
 In summary, the following public comments were received (approximately 3 verbal comments):
o No outside influence for local campaigns reform and no outside money from PAC
o Concern with the cost of enforcement and staff time; what are we trying to correct; okay with union contributions and no ordinance o Concern that the contribution limits are being researched in response to specific candidates

Page 34 of 187 ends

CODE OF FAIR CAMPAIGN PRACTICES
(Division 20, Chapter 5, Elections Code.)
Chapter 5. Fair Campaign Practices
ARTICLE 1. General Intent [20400- 20400.]
20400.

The Legislature declares that the purpose of this chapter is to encourage every candidate for public office in this state to subscribe to the Code of Fair Campaign Practices.

It is the ultimate intent of the Legislature that every candidate for public office in this state who subscribes to the Code of Fair Campaign Practices will follow the basic principles of decency, honesty, and fair play in order that, after vigorously contested, but fairly conducted campaigns, the citizens of this state may exercise their constitutional right to vote, free from dishonest and unethical practices which tend to prevent the full and free expression of the will of the voters.

The purpose in creating the Code of Fair Campaign Practices is to give voters guidelines in determining fair play and to encourage candidates to discuss issues instead of untruths or distortions.

ARTICLE 2. Definitions [20420- 20420.]
20420.

As used in this chapter, “Code” means the Code of Fair Campaign Practices.

ARTICLE 3. Code of Fair Campaign Practices [20440 - 20444] 20440.

At the time an individual is issued his or her declaration of candidacy, nomination papers, or any other paper evidencing an intention to be a candidate for public office, the elections official shall give the individual a blank form of the code and a copy of this chapter. The elections official shall inform each candidate for public office that subscription to the code is voluntary.

In the case of a committee making an independent expenditure, as defined in Section 82031 of the Government Code, the Secretary of State shall provide a blank form and a copy of this chapter to the individual filing, in accordance with Title 9 (commencing with Section 81000) of the Government Code, an initial campaign statement on behalf of the committee.

The text of the Code shall read, as follows: (See “CODE OF FAIR CAMPAIGN PRACTICES” on reverse side).
20442.

The elections official shall accept, at all times prior to the election, all completed forms that are properly subscribed to by a candidate for public office and shall retain them for public inspection until 30 days after the election. 20443.

Every code subscribed to by a candidate for public office pursuant to this chapter is a public record open for public inspection.
20444.

In no event shall a candidate for public office be required to subscribe to or endorse the code.

ATTACHMENT 3

Page 35 of 187 ends

CODE OF FAIR CAMPAIGN PRACTICES
There are basic principles of decency, honesty, and fair play which every candidate for public office in the State of California has a moral obligation to observe and uphold in order that, after vigorously contested but fairly conducted campaigns, our citizens may exercise their constitutional right to a free and untrammeled choice and the will of the people may be fully and clearly expressed on the issues.

THEREFORE:
(1) I SHALL CONDUCT my campaign openly and publicly, discussing the issues as I see them, presenting my record and policies with sincerity and frankness, and criticizing without fear or favor the record and policies of my opponents or political parties that merit this criticism.
(2) I SHALL NOT USE OR PERMIT the use of character defamation, whispering campaigns, libel, slander, or scurrilous attacks on any candidate or his or her personal or family life.
(3) I SHALL NOT USE OR PERMIT any appeal to negative prejudice based on a candidate’s actual or perceived race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age, sexual orientation, sex, including gender identity, or any other characteristic set forth in Section 12940 of the Government Code, or association with another person who has any of the actual or perceived characteristics set forth in Section 12940 of the Government Code.
(4) I SHALL NOT USE OR PERMIT any dishonest or unethical practice that tends to corrupt or undermine our American system of free elections, or that hampers or prevents the full and free expression of the will of the voters including acts intended to hinder or prevent any eligible person from registering to vote, enrolling to vote, or voting.
(5) I SHALL NOT coerce election help or campaign contributions for myself or for any other candidate from my employees.
(6) I SHALL IMMEDIATELY AND PUBLICLY REPUDIATE support deriving from any individual or group that resorts, on behalf of my candidacy or in opposition to that of my opponent, to the methods and tactics that I condemn. I shall accept responsibility to take firm action against any subordinate who violates any provision of this code or the laws governing elections. (7) I SHALL DEFEND AND UPHOLD the right of every qualified American voter to full and equal participation in the electoral process.

I, the undersigned, candidate for election to public office in the State of California or treasurer or chairperson of a committee making any independent expenditures, hereby voluntarily endorse, subscribe to, and solemnly pledge myself to conduct my campaign in accordance with the above principles and practices.” November 8, 2022
Date Signature Date of Election
(Amended by Stats. 2006, Ch. 551, Sec. 2. Effective January 1, 2007.)

Page 36 of 187 ends

P a g e | 1
March 6, 2024
ITEM TITLE: RESOLUTION 2024-012 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:

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

Page 37 of 187 ends

P a g e | 2
impact on the surrounding ecosystem, leading to poor water quality that can persist for days, 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 2024-012

Page 38 of 187 ends

ATTACHMENT 1
RESOLUTION NO. 2024-012

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

Page 39 of 187 ends

Resolution No. 2024-012

Page 2 of 3 ends

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 6th day of March 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Page 40 of 187 ends

Resolution No. 2024-012

Page 3 of 3 ends

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

Page 41 of 187 ends

P a g e | 1
March 6, 2024
ITEM TITLE: PROJECT APPROVAL EXTENSION REQUEST FOR DEL TACO; CUP-21-0003; DRC-21-0016; SPR-21-0017; FOR CONSTRUCTION OF A NEW DEL TACO RESTAURANT WITH A DRIVE-THROUGH AND OUTDOOR PATIO SEATING AREA AT 1333 PALM AVENUE (APN 627-011-19-00). (0600-20)
ORIGINATING DEPARTMENT:

Community Development
EXECUTIVE SUMMARY:

On August 17, 2022, the City Council of the City of Imperial Beach adopted Resolution No. 2022- 66 authorizing the construction of a new Del Taco restaurant with a drive-through facility and outdoor patio seating area at 1333 Palm Avenue (APN 627-011-19-00) in the C/MU-1 (General Commercial and Mixed Use) Zone on the Zoning Map. Project approval was set to expire at the end of business on September 1, 2023, unless vested with substantial construction or if an extension is authorized. On August 16, 2023, the City Council of the City of Imperial Beach adopted Resolution No. 2023-66 approving a six-month time extension for a previously approved application for Conditional Use Permit (CUP-21-0003), Design Review Case (DRC-21-0016), Site Plan Review (SPR-21-0017), & Categorical Exemption pursuant to CEQA guidelines section 15332 (In-fill Development) for a new Del Taco restaurant with a drive-through facility and outdoor patio seating area at 1333 Palm Ave (APN 627-011-19-00) in the C/MU-1 (General Commercial and Mixed Use) Zone on the Zoning Map.

The applicant is requesting a six (6) month extension for the Project Approval by the City Council, which is set to expire on September 23, 2024.

RECOMMENDATION:

OPTIONS:
 Adopt Resolution No. 2024-011 approving a six (6) month time extension for the Project Approval; or
 Deny the extension request: or
 Continue review of the extension request to a future meeting where additional information can be provided, and a decision can be rendered.

Page 42 of 187 ends

P a g e | 2
BACKGROUND/ANALYSIS:

On August 17, 2022, the City
Council of the City of Imperial Beach
adopted Resolution No. 2022-66
authorizing the construction of a new
Del Taco restaurant with a drivethrough facility and outdoor patio seating area at 1333 Palm Avenue
(APN 627-011-19-00) in the C/MU-1
(General Commercial and Mixed
Use) Zone on the Zoning Map.

Project approval is set to expire at
the end of business on September 1,
2023, unless vested with substantial construction or if an extension is authorized. On August 16, 2023, the City Council of the City of Imperial Beach adopted Resolution No. 2023-67 approving a six-month time extension for a previously approved application for Conditional Use Permit (CUP21-0003), Design Review Case (DRC-21-0016), Site Plan Review (SPR-21-0017), & Categorical Exemption pursuant to CEQA guidelines section 15332 (In-fill Development) for a new Del Taco restaurant with a drive-through facility and outdoor patio seating area at 1333 Palm Ave (APN 627-011-19-00) in the C/MU-1 (General Commercial and Mixed Use) Zone on the Zoning Map (Attachment 4). There have been no changes to the zoning code and no change in circumstances where the site plan would conflict with development regulations. The original analysis and first permit extension can be reviewed in the staff report from August 16, 2023 (Attachment 3).

The applicant is requesting a six (6) month time extension for project approvals pursuant to Resolution No. 2024-011, which is set to expire on September 23, 2024. The city has been informed that the contractor has been working diligently on all on-site and off-site street improvements. The demolition and grading has been completed, as well as some public improvements in the Right of Way. However, due to the continuous rain, the contractor has been unable to prepare the foundation for a footing inspection.

Attachment 2 of this staff report provides a summary from the applicant with an explanation of why the extension is being requested, next steps, and an estimated timeline to initiate construction and completion of the project.

ENVIRONMENTAL DETERMINATION:

A California Environmental Quality Act (CEQA) Exemption (Section 15332, Class 32, In-Fill Development Projects) was previously adopted with the City of Imperial Beach and filed with the San Diego County Assessor/Recorder/County Clerk on February 8, 2023.

Page 43 of 187 ends

P a g e | 3
FISCAL IMPACT:

The applicant is proposing to use its remaining deposited balance of $518.31 to process this application
ATTACHMENTS:

1. ATT 1 – Resolution 2024-011

2. ATT 2 – Applicant Extension Request and Timetable

3. ATT 3 – 1st Permit Extension Staff Report from August 16, 2023 (attachments available at the City Clerk)

4. ATT 4 – Resolution No. 2023-67
c: MF 1428

Page 44 of 187 ends

Attachment 1
RESOLUTION NO. 2024-011

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP-21-0003), DESIGN REVIEW CASE (DRC-21-0016), SITE PLAN REVIEW (SPR-21-0017), & CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES SECTION 15332 (IN-FILL DEVELOPMENT PROJECTS)

FOR A NEW DEL TACO RESTAURANT WITH A DRIVE-THROUGH FACILITY AND OUTDOOR PATIO SEATING AREA AT 1333 PALM AVE (APN 627-011-19-00) SUBJECT TO SPECIFIED CONDITIONS OF APPROVAL. USE-21-0049/MF 1428.

APPLICANT: DEL TACO / IRFAN BOUKAI, COASTLINE DESIGN & CONSTRUCTION WHEREAS, on March 6, 2024, the City Council of the City of Imperial Beach held a public meeting consider the merits of approving or denying a six-month time extension for a previously approved application for Conditional Use Permit (CUP-21-0003), Design Review Case (DRC-21-0016), Site Plan Review (SPR-21-0017), & Categorical Exemption pursuant to CEQA guidelines section 15332 (In-fill Development) for a new Del Taco restaurant with a drivethrough facility and outdoor patio seating area at 1333 Palm Ave (APN 627-011-19-00) in the C/MU-1 (General Commercial and Mixed Use) Zone on the Zoning Map; and WHEREAS, on August 16, 2023, the City Council of the City of Imperial Beach held a public meeting consider the merits of approving or denying a six-month time extension for a previously approved application for Conditional Use Permit (CUP-21-0003), Design Review Case (DRC-21-0016), Site Plan Review (SPR-21-0017), & Categorical Exemption pursuant to CEQA guidelines section 15332 (In-fill Development) for a new Del Taco restaurant with a drivethrough facility and outdoor patio seating area at 1333 Palm Ave (APN 627-011-19-00) in the C/MU-1 (General Commercial and Mixed Use) Zone on the Zoning Map; and WHEREAS, on August 17, 2022, the City Council of the City of Imperial Beach adopted Resolution No. 2022-66 approving an application for a Conditional Use Permit (CUP-21-0003), Design Review Case (DRC-21-0016), Site Plan Review (SPR-21-0017), & Categorical Exemption pursuant to CEQA guidelines section 15332 (In-fill Development) for a new Del Taco restaurant with a drive-through facility and outdoor patio seating area at 1333 Palm Ave (APN 627-011-19-00) in the C/MU-1 (General Commercial and Mixed Use) Zone on the Zoning Map; and
WHEREAS, on June 16, 2022, the Design Review Board recommended approval of the project with a vote of 4-0; and
WHEREAS, the project is demolishing an existing building and constructing a new Del Taco restaurant with a drive-through facility and outdoor patio seating area is compatible in use with other developments in the vicinity which consist of commercial buildings and retail and is consistent with Policy D-8 (Project Design) of the Design Element of the General Plan; and, WHEREAS, the City Council finds that the project is in substantial compliance with Policy L-4c of the Land Use Element of the General Plan, which promotes commercial uses that provide goods and services to residents and visitors that will increase the City’s tax base in the C/MU-1 Zone (General Commercial and Mixed Use) Zone; and WHEREAS, the City Council finds that the project is consistent with the C/MU-1 (General Commercial and Mixed Use) Zone of the Zoning Ordinance, to provide areas for businesses to meet the local demand for commercial goods and services; and

Page 45 of 187 ends

Resolution No. 2024-011

Page 2 of 13 ends

WHEREAS, the City Council finds that the project complies with the requirements of the California Environmental Quality (CEQA) as the project is categorically exempt pursuant to CEQA Guidelines 15332 (In-Fill Development Projects); and WHEREAS, the City Council further offers the following findings in support of its decision to conditionally approve the project:

CONDITIONAL USE PERMIT (IBMC § 19.82.040):

1. That the proposed use is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or community; The C/MU-1 (General Commercial and Mixed Use) Zone is to provide areas for mixeduse development, multiple-family dwellings, and for businesses to meet the local demand for commercial goods and services. It is intended that the dominant type of commercial activity in the C/MU-1 zone will be community and neighborhood serving retail and office uses. The proposed use provides a new Del Taco restaurant with a drive-through facility and outdoor patio seating area, which would be consistent with the Local Coastal Plan/General Plan with approval of a Conditional Use Permit. The use is similar to the existing use, necessary and desirable as it will provide a restaurant establishment that would generate income for the community, and there are similar uses in the vicinity.

2. That the use will not, under the circumstances of the particular use, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; The proposed Del Taco restaurant with a drive-through facility and outdoor patio seating area in the C/MU-1 (General Commercial and Mixed Use) Zone will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity because specific conditions have been set forth by the Community Development Department, Public Works Department, Building Department, and Public Safety Department to mitigate public safety and welfare concerns such a development project may raise in the Conditions of Approval. In addition, the use is similar to other establishments in the vicinity.

3. That the proposed use will comply with the regulations and conditions specified in this title for the use and for other permitted uses in the same zone; and The proposed use will comply with the regulations and conditions specified in the title for such use and for other permitted uses in C/MU-1 (General Commercial and Mixed Use) Zone because the conceptual plans for the discretionary entitlements have been reviewed for compliance with zoning regulations.

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

The granting of the Conditional Use Permit for the proposed use will be in harmony with the purpose and intent of the zoning code, General Plan, and Local Coastal Program because the C/MU-1 (General Commercial and Mixed Use) Zone provides for restaurant establishments consistent with the purposes of General Commercial Zone and drivethrough establishments subject to a Conditional Use Permit. In addition, the project would be considered a substantial improvement to the area that would serve to increase the City’s tax base, which serves Land Use Element Policy L-4c of the adopted General

Page 46 of 187 ends

Resolution No. 2024-011

Page 3 of 13 ends

Plan and Local Coastal Program.

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

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

The proposed Del Taco restaurant with a drive-through facility and outdoor patio seating area in the C/MU-1 (General Commercial and Mixed Use) Zone will not be detrimental to the health, safety or convenience of persons residing or working in the neighborhood, or detrimental or injurious to the property and improvements in the neighborhood because it is consistent with the development standards and zoning designation of the site as well as provides improvements to the project site and public right-of-way. Specific conditions have been set forth by the Community Development Department, Public Works Department, Building Department, and Public Safety Department to mitigate public safety and welfare concerns such a development project may raise in the Conditions of Approval.

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

The proposed use will not adversely affect the General Plan or Local Coastal Plan because the C/MU-1 (General Commercial and Mixed Use) Zone provides for restaurant uses and drive-through establishments subject to a Conditional Use Permit. In addition, the project would be considered a substantial improvement to the area that would increase the City’s tax base, which serves Land Use Element Policy L-4c of the adopted General Plan and Local Coastal Program.

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

The proposed Del Taco restaurant with a drive-through facility and outdoor patio seating area is compatible in use with established uses in the neighborhood which consist of a mix of commercial businesses, retail shops, some of which have drive-through services.

The subject site is in the C/MU-1 (General Commercial and Mixed Use) Zone, which provides uses similar in character and scale.

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

The proposed new Del Taco restaurant with a drive-through facility and outdoor patio seating area would be replacing an existing commercial building. The surrounding uses consist of a mix of other commercial businesses, retail shops, gas stations, and a drivethrough restaurant. The primary building elevation would face Palm Avenue, which is consistent with the surrounding commercial and mixed-use uses along the Palm Avenue Corridor. There is a 7’ paved sidewalk on Palm Avenue that connects to two paved pedestrian pathways which lead directly into the businesses two main entrances.

Landscaping including trees, shrubs, and hedges are adjacent to the pathways and provide relief from traffic along Palm Avenue. Additionally, the project also proposes to install an additional 2,065 square feet of landscaping in the right-of-way surrounding the project site. The design of the proposed use orients the proposed structures to streets,

Page 47 of 187 ends

Resolution No. 2024-011

Page 4 of 13 ends

driveways, sunlight, wind and other adjacent structures and uses in a harmonious manner promoting pedestrian access to the business from Palm Avenue.

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

The Del Taco restaurant with a drive-through facility and outdoor patio seating area is properly integrated so that the entrance to the Del Taco is provided on Palm Avenue.

Direct pedestrian access is provided to the restaurant from Palm Avenue with two paved pedestrian pathways that lead to the restaurant’s two main entrances. Adjacent to the pathways are trees, shrubs, and hedges that would provide relief from traffic along Palm Avenue. The drive-through queue entrance is located on the western portion of the lot with the drive-through lane directly adjacent to the southern elevation of the building.

Vehicles would travel east, exiting on the eastern portion of the lot to a two-way drive aisle, allowing for vehicles to exit the site off of the alley on the western portion of the lot or off of a curb cut on the eastern portion of the lot on to Georgia Street. The proposed site improvements, right of way improvements, and building design style and materials properly integrate the building with surrounding uses.

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

The parking design will not create any undue traffic problems as the required amount of parking is provided and the drive-through queue can accommodate eight vehicles which, based on the applicant’s queuing analysis, would be maintained on site with no overflow on the street. Vehicular ingress and egress occurs through a public alley entrance west of the property as well as a curb cut on Georgia Street. The drive-through queue entrance is located on the western portion of the lot with the drive-through lane directly adjacent to the southern elevation of the building. Vehicles would travel east, exiting on the eastern portion of the lot to a two-way drive aisle, allowing for vehicles to exit the site off of the alley on the western portion of the lot or off of a curb cut on the eastern portion of the lot on to Georgia Street. The project proposes a total of 734 square feet of net floor area which consists of 480 square feet of dining room & standing area inside the restaurant and a 254 square foot outdoor patio requiring 15 parking spaces. Drivethrough facilities require one parking space for each 50 square feet of net floor area, plus one space per two employees at the largest work shift. The restaurant would have 8 employees at the largest work shift requiring 4 parking spaces. The project proposes a total of 19 parking spaces (17 standard, 1 ADA accessible, and 1 EV Charging Station).

The applicant would be required to show conformance with the off-street parking requirements per IBMC Section 19.48.050.

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

The project complies with all other criteria set forth in the City of Imperial Beach Zoning ordinance.

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

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

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

Page 48 of 187 ends

Resolution No. 2024-011

Page 5 of 13 ends

The project description and the date of the City Council public hearing were sent to property owners within 300 feet and occupants within 100 feet of the subject site on August 1, 2022, and a public hearing notice was published in the Imperial Beach Eagle & Times newspaper on August 4, 2022.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach that the above-listed findings and recitals are true and correct and are incorporated by reference; and
BE IT FURTHER RESOLVED by the City Council of the City of Imperial Beach that Conditional Use Permit (CUP-21-0003), Design Review Case (DRC-21-0016), Site Plan Review (SPR-21-0017), and categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 (In-Fill Development Projects) proposing to demolish an existing building and construct a new Del Taco restaurant with a drive-through facility at 1333 Palm Ave (APN 627-011-19-00) in the C/MU-1 (General Commercial and Mixed Use) Zone are hereby approved subject to the following:

CONDITIONS OF APPROVAL:

1. Approval Conditional Use Permit (CUP-21-0003), Design Review Case (DRC-21-0016), Site Plan Review (SPR-21-0017), and categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 (In-Fill Development Projects) is valid for one year six months from the effective date following final action by the City Council (10 working days following final action) and shall expire at the end of business on September 1, 2023, August 31, 2024, September 23, 2024 unless vested with substantial construction pursuant to an approved building permit. Approvals of the Conditional Use Permit (CUP-21-0003), Design Review Case (DRC-21-0016), Site Plan Review (SPR-21-0017), and categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 (In-Fill Development Projects) shall run coterminous.

2. The site shall be developed in substantial compliance with the plans dated August 1, 2022, on file at the Community Development Department, or as otherwise amended and approved, and the conditions contained herein.

3. The property owner or authorized designee shall sign/notarize a lot tie agreement with the City of Imperial Beach prior to the issuance of all building permits for the project.

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

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

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

7. All landscaped areas on site and within the public right-of-way adjacent to the property shall be drought tolerant and shall be permanently irrigated and maintained by the applicant/owner in a healthy condition, free from weeds, trash, and debris.

Page 49 of 187 ends

Resolution No. 2024-011

Page 6 of 13 ends

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

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

10. Obtain all required building permits (Building, Plumbing, Mechanical, Electrical, Grading etc.) for this project. All construction shall comply with the adopted 2019 California Building Standards Codes; Residential, Building, Electrical, Mechanical, Plumbing, Energy, Fire, Green Building, Historic Building, Existing Building, as amended by City Ordinance 2019-1190 and other applicable Municipal Codes in effect at the time of plan submittal for building permits.

11. Provide a note on plans: Prior to Foundation Inspection a survey of the property shall be conducted from a California Licensed Surveyor or Engineer and survey pins shall be in placed to identify the corners.

A setback certification prepared by the responsible licensed Land Surveyor or Engineer shall be submitted to the City Building Inspector prior to inspection or approval of the foundation.

12. All projects greater than or equal to twenty-five thousand dollars ($25,000), or which involve the construction and/or demolition of two-hundred-fifty (250) square feet or more of floor space shall comply with Imperial Beach Municipal Code Chapter 8.38. A completed Waste Management Plan shall be submitted with the building permit application.

13. Any development of property other than single-family residence(s) or duplex(es) with a valuation in excess of fifty thousand dollars ($50,000) will be required to underground all utility services on-site, adjacent thereto and those which traverse the site. IBMC 13.08

14. Plans deviating from conventional wood frame construction shall have the structural portions signed and sealed by the California state licensed engineer or architect responsible for their preparation, along with structural calculations. (California Business and Professions Code).

15. No work for which a building permit is required shall be performed within the hours of 7:00 P.M. - 7:00 A.M. Monday - Friday, nor prior to 8:00 A.M. or after 5:00 P.M. on Saturday nor anytime on Sundays. A sign shall be posted at a conspicuous location near the main entry to the site, prominently displaying these hour restrictions.

16. Per Table 5.106.5.3.3 of the California Green Building Code, a minimum of two electric vehicle (EV) chargers are required to be installed when there is a total number of parking spaces between 10-25. The proposed plans only show a single EV charger.

17. Per Table 5.106.5.2 of the California Green Building Code, a minimum of three parking spaces shall be designated for clean air vehicles when there is a total number of parking spaces between 10-25. The proposed plans only show a single clean air vehicle space.

18. Construction plans shall include the following specifications for the EV chargers:

A. The type and location of the electric vehicle supply equipment (EVSE).

B. The raceway(s) shall originate at a service panel or a subpanel(s) serving the area and shall terminate in close proximity to the proposed location of the chagrining equipment and into listed suitable cabinet(s), box(es), enclosure(s), or equivalent.

Page 50 of 187 ends

Resolution No. 2024-011

Page 7 of 13 ends

C. Plan design shall be based upon 40-ampere minimum branch circuits.

D. Electrical calculations shall substantiate the design of the electrical system, to include the rating of equipment and any on-site distribution transformers and have sufficient capacity to simultaneously charge all required EVs at its full rated amperage.

E. The service panel or subpanel(s) shall have sufficient capacity to accommodate the required number of dedicated branch circuit(s) for the future installation of the EVSE.

19. Ensure that the proposed ADA parking spaces and access aisle meet the minimum width requirements per section 11B-502 of the California Building Code. The minimums shall be specified on the plans when submitted for the building permit.

20. A soils report must be provided with the building permit application. The report shall include foundation design recommendations based on the engineer's findings and shall comply with Section R401.4.

Should the soils engineer recommend that he/she review the foundation excavations, provide a note on the foundation plan that "Prior to the contractor requesting a Building Department foundation inspection, the soils engineer shall advise the building official in writing that:

A. The building pad was prepared in accordance with the soils report, B. The utility trenches have been properly backfilled and compacted, and C. The foundation excavations, the soils expansive characteristics and bearing capacity conform to the soils report."
A letter will need to be provided from the soils engineer confirming that the foundation plan, grading plan and specifications have been reviewed and that it has been determined that the recommendations in the soils report are properly incorporated into the construction documents (when required by the soil report).

21. This project will be required to provide an energy design detailing compliance with the Mandatory Measures and either the Performance or Prescriptive methods of compliance.

22. The mandatory Green Building requirements for non-residential construction must be included on your plans. Green Building Standards are applicable to newly constructed buildings, additions of 1,000 square feet or greater and/or alterations with a permit valuation of $200,000 or above.

23. Contact California American Water at 619-446-5713 should the existing water meter need to be replaced or upgraded as part of this project.

24. Please contact the San Diego Gas & Electric Project Planning Team (Metro Service Order Team) at 619-230-7800 to confirm that the proposed service locations detailed on your site plan are in compliance with their service standards.

25. The west elevation shows the gas meter and riser in close proximity to other equipment.

Ensure that the equipment placement meets the clear zone and source of ignition clearances required by SDGE. Refer to Service and Standards Guide SG 1007.1 for additional information.

Page 51 of 187 ends

Resolution No. 2024-011

Page 8 of 13 ends

26. Fire would like to discuss with the developer the opportunity of conducting some ventilation and forced entry training on the structure immediately prior to demolition.

Contact Tom Santos at to coordinate: [email protected] or 619.628.1392

27. Customer will need to contact Cal American Water to identify current water source and what will be needed. Contact Matthew Schuler, California American Water, Operations Specialist, San Diego Operations. Phone: (619) 446-5713.

28. New sewer connection(s) to the main line shall be coordinated with the Public Works Sewer Department.

29. Prior to approval of these plans the sewer lateral locations shall be drawn on the plans and submitted to the City for review and approval. If applicable, new buildings cannot be constructed on top of existing sewer lateral, rerouting is required.

30. (If Applicable) The applicant is required to demonstrate that existing sewer laterals conform to all City standards, specifications and codes. In order to determine the existing condition of the lateral, the applicant must provide an in-line closed-circuit video (CCTV) inspection of the lateral from the building to the City's sewer main. Any damaged sections of pipe found during the video inspection must be repaired before approval of the lateral for use.

31. For new installations, all sewer laterals shall be installed per Regional Standards SS-01 through SS-04, SP-01 through SP-03 & SC-01. Prior to sewer tap, the applicant shall contact the Public Works Department for an inspection of the tie to the Main by calling the Public Works Inspector (619) 551-8005.

32. If an existing sewer lateral servicing the site will not be utilized and is to be abandoned, it shall be abandoned per the Greenbook standards or other approved building standards.

Include the abandonment procedures on the building plans for City approval.

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

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

35. The owner of private property adjoining the public right-of-way shall be responsible to maintain the proposed bio retention landscaping in the area between the sidewalk and private property line for the entire frontage of the property. Such maintenance shall include watering and clearing of weeds.

36. The proposed driveways shall be constructed in a manner so as to:

D. Maintain existing stormwater runoff flows:

E. Avoid the flow of stormwater across the new driveway (or associated sidewalk); and
F. Include the installation of an expansion joint between the paved surface on the private property and the paved surface of the public right-of-way.

37. If it is necessary to cut into the alley pavement as part of this project, all concrete cuts in the alley must be replaced with #4 rebar dowels positioned every 2 feet on center.

Concrete specification must be 560-C-3250. Concrete cuts must also comply with

Page 52 of 187 ends

Resolution No. 2024-011

Page 9 of 13 ends

Condition #15 and cuts parallel to the alley drainage must be at least 1-foot from the alley drain line.

38. Proposed driveway approaches on Georgia Street shall be constructed in compliance with San Diego Regional Standard Drawings G-14F (Concrete Driveway- Type B, Contiguous Sidewalk), G-15 (Driveway Location – Adjacent to Curb Returns and Street Lines), and G-16 (Driveway Location and Width Requirements). New curb and gutter shall be constructed in compliance with San Diego Regional Standard Drawing G-2 (Curbs and Gutter – Combined).

39. Proposed driveway approach in alleyway shall be constructed in compliance with San Diego Regional Standard Drawings G-14E (Concrete Driveway-Alley Type), G-15 (Driveway Location – Adjacent to Curb Returns and Street Lines), and G-16 (Driveway Location and Width Requirements). New curb and gutter shall be constructed in compliance with San Diego Regional Standard Drawing G-2 (Curbs and Gutter – Combined).

40. Existing pedestrian ramp on southwest corner of Palm Ave. & Georgia St. shall be removed and reconstructed to meet current ADA standards per SDRSD G-27, G-30, G32A & G-32B.

41. For alley, sidewalk or curb & gutter replacement ensure compliance with San Diego Regional Standard Drawing G-11 (Concrete Curb, Gutter, Sidewalk & Pavement Removal and Replacement) in that, the “Area to be removed [must be] 5’ or from joint to joint in panel, whichever is less.” The distance between joints or score marks must be a minimum of 5-feet. Where the distance from “Area to be removed”, to existing joint, edge or score mark is less than the minimum shown, “Area to be removed” shall be extended to that joint, edge or score mark.

42. All existing sidewalk abutting the property on Palm Ave. & Georgia St. that does not conform to current ADA standards shall be reconstructed and replaced per SDRSD G-7, with sidewalk joint locations per SDRSD G-9 and concrete joint details per SDRSD G10.

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

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

45. All trench resurfacing shall be performed in accordance with the standards shown below and shall be subject to inspection by the City’s Public Works Inspector. The permittee shall be responsible for calling for an inspection at (619) 551-8005. Trenches and improvements in streets shall conform to regional standards as follows:

Page 53 of 187 ends

Resolution No. 2024-011

Page 10 of 13 ends

A. Trenches wider than six (6) inches: Use Regional Standard G-24A type C.

The base shall be compacted with twelve (12) inch maximum lifts to 95% modified proctor and test reports.

B. Trenches six (6) inches or less: Use regional standard G-33 Type B. Call for an inspection prior to the Asphalt repair at (619) 423-8311.

C. Traffic Control plans shall be followed per approved plans and adjusted by the contractor for changing conditions.\
D. Trench plates used for a SDG&E gas connection (which can take several weeks), or on downhill road sections, need to be ground down so plates are flush with roadway. All plates are to be slip resistant. All open trenches in roadway shall be plated and secured at the end of the work day. All other open trenches shall be plated or covered in heavy plywood.

E. Where a curb exists, the applicant shall bore under curb or saw cut a minimum of the width of the asphalt patch and replace with same construction.

F. No trench shall be opened in any street for the purpose of laying pipes, conduits or ducts except when the prior written consent of the Director of Public Works has been obtained. Construction shall include restoration of all speed controls (bumps or humps) and all striping and/or any signage that may be disturbed as the result of project implementation. Restoration of disturbed speed humps shall include a double coat of speed hump paint with glass crystals. No open trench shall be allowed across any street or within 10 ft. of any travel way.

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

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

48. For any project that proposes work within the public right-of-way (i.e., driveway removal/construction, sidewalk removal/construction, street or alley demolition/reconstruction, sewer lateral trenching and installation, landscaping and irrigation, fences, walls within the public right-of-way, etc.), a Temporary Encroachment Permit (TEP) shall be applied for and approved either prior to or concurrent with issuance of the building permit required for the project. Application for a Temporary Encroachment Permit shall be made on forms available at the Community Development Department.

49. Permittee shall schedule inspections with the Public Works Department (619) 551-8005 at least 24 hours prior to need as follows:

Page 54 of 187 ends

Resolution No. 2024-011

Page 11 of 13 ends

A. Sidewalk, Driveway, Curb and Gutter and other Concrete Work Pre-pour and Final
B. Street Excavation T-Cut and Final
C. Sewer Lateral Capping during Demolition and New Lateral Connection to Main
D. All Other Encroachment Activity Final

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

51. Any disposal/transportation of solid/construction waste in roll off containers must be contracted through EDCO Disposal Corporation unless the hauling capability exists integral to the prime contractor performing the work.

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

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

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

55. Property owner must institute “Best Management Practices” to prevent contamination of storm drains, ground water and receiving waters during both construction and post construction. The property owner or applicant BMP practices shall include but are not limited to:

A. Contain all construction water used in conjunction with the construction.

Contained construction water is to be properly disposed in accordance with Federal, State, and City statutes, regulations and ordinances.

B. All recyclable construction waste must be properly recycled and not disposed in the landfill.

C. Water used on site must be prevented from entering the storm drain conveyance system (i.e. streets, gutters, alley, storm drain ditches, storm drain pipes).

D. All wastewater resulting from cleaning construction tools and equipment must be contained on site and properly disposed in accordance with Federal, State, and City statutes, regulations, and ordinances.

E. Erosion control - All sediment on the construction site must be contained on the construction site and not permitted to enter the storm drain conveyance system. Applicant is to cover disturbed and exposed soil areas of the project with plastic–like material (or equivalent product) to prevent sediment removal

Page 55 of 187 ends

Resolution No. 2024-011

Page 12 of 13 ends

into the storm drain system. See CASQA’s (California Stormwater Quality Association) Construction Best Management Practices Handbook for other alternative erosion and sediment control BMPs.

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

57. Applicant must underground all utilities in accordance with I.B.M.C. 13.08.060.C as noted below, applicability to new structures:

A. For any development which requires a building permit but is of a valuation of fifty thousand dollars or less, the applicant will be required either to underground the utilities or to sign a deferral agreement pertaining thereto.

B. For any development of single-family residence(s) or duplex(es) which exceeds a valuation of fifty thousand dollars, the applicant will be required to sign a deferral agreement with, and pay a recording fee to, the City.

C. Any development of property other than as described in subsection A or B of this section in excess of fifty thousand dollars valuation will be required to underground all utility services on-site, adjacent thereto and those which traverse the site.”

58. The applicant/property owner shall read, understand, and accept the conditions listed herein and shall, within 30 days, return a signed statement to the Community Development Department accepting said conditions.

59. The applicant/property owner shall pay off any deficits in his project account (21-0049- DEP) prior to building permit issuance and prior to final inspection.

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

1.18 of the Imperial Beach Municipal Code.

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

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

1. That the foregoing recitals are true and correct.

2. That a six (6) month time extension for Conditional Use Permit (CUP-21-0003), Design Review Case (DRC-21-0016), and Site Plan Review (SPR-21-0017) and Categorical Exemption pursuant to CEQA guidelines 15332 (In-Fill Development Projects) is approved for the demolition of an existing building and construct a new Del Taco restaurant with a drive-through facility and outdoor patio seating area at 1333 Palm Ave (APN 627-011-19-00), subject to the conditions set forth in this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 6
th day of March 2024, by the following vote:

Page 56 of 187 ends

Resolution No. 2024-011

Page 13 of 13 ends

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

Page 57 of 187 ends

B & T Global, LLC.
32 Edelman, Irvine, CA 92618, Phone: (949) 701-4962
February 26, 2024
Mr. Ryan Pua
Community Development/Planning
City of Imperial Beach
825 Imperial Beach Blvd.

Imperial Beach, CA 91932
RE: Request for time extension USE-21-0049 1333 PALM AVE IMPERIAL BEACH.

The purpose of this letter is to request a time extension of six months from the date of expiration of the approved entitlement under the following planning cases:

USE-21-0049, DRC-21-0016, CUP-21-003 & SPR-21-0017.

We have been working diligently on all on site and off site street improvement and have gotten most of the work completed including all demolition and grading work plus most of the work in the public right of way. We have the building pad certified and we excavated the footings of the building but unfortunately due to the continuous rain we have not been able to prepare the foundation for a footing inspection.

We expect to call for footing inspection in the third week of March 2024 weather permitting and then pour concrete footings and slab a week after.

We hope to get the City approval of this request for time extension soon.

We appreciate your help and cooperation.

Sincerely,
Irfan Boukai
Manager
IrfanBoukai
Attachment 2 Page 58 of 187
P a g e | 1
August 16, 2023
ITEM TITLE: PROJECT APPROVAL EXTENSION REQUEST FOR DEL TACO; CUP-21-0003; DRC-21-0016; SPR-21-0017; FOR CONSTRUCTION OF A NEW DEL TACO RESTAURANT WITH A DRIVE-THROUGH AND OUTDOOR PATIO SEATING AREA AT 1333 PALM AVENUE (APN 627-011-19-00). (0600-20)
ORIGINATING DEPARTMENT:

Community Development
EXECUTIVE SUMMARY:

On August 17, 2022, the City Council of the City of Imperial Beach adopted Resolution 2022-66 authorizing the construction of a new Del Taco restaurant with a drive-through facility and outdoor patio seating area at 1333 Palm Avenue (APN 627-011-19-00) in the C/MU-1 (General Commercial and Mixed Use) Zone on the Zoning Map. Project approval was set to expire at the end of business on September 1, 2023, unless vested with substantial construction or if an extension is authorized. The applicant is requesting a six (6) month extension for the Project Approval by the City Council, which is set to expire on September 1, 2023.

RECOMMENDATION:

That the City Council adopt Resolution No. 2023-67 approving a six (6) month time extension for the Project Approval as set for in Resolution No. 2022-66 which included Conditional Use Permit (CUP-21-0003), Design Review Case (DRC-21-0016), Site Plan Review (SPR-21-0017), & Categorical Exemption pursuant to CEQA guidelines section 15332 (In-fill Development) for a new Del Taco restaurant with a drive-through facility and outdoor patio seating area at 1333 Palm Ave (APN 627-011-19-00) in the C/MU-1 (General Commercial and Mixed Use) Zone on the Zoning Map subject to the conditions as specified in Resolution No. 2022-66 (Attachment 4).

OPTIONS:
 Adopt Resolution No. 2023-67 approving a six (6) month time extension for the Project Approval; or
 Deny the extension request: or
 Continue review of the extension request to a future meeting where additional information can be provided, and a decision can be rendered.

Attachment 3 Page 59 of 187
P a g e | 2
BACKGROUND/ANALYSIS:

Project approval is set to expire at
the end of business on September 1,
2023, unless vested with substantial construction or if an extension is authorized. The applicant is requesting a six (6) month time extension for project approvals pursuant to Resolution No. 2022-66, which is set to expire on September 1, 2023. The City has been informed that the applicant has been working with San Diego Gas & Electric (SDG&E) for many months to have the power and gas disconnected in order to start demolition and prepare for construction. The processing time for the Letter of Disconnect from SDG&E has delayed the applicant from receiving building permits from the City. Attachment 2 of this staff report provides a summary from the applicant with an explanation of why the extension is being requested, next steps, and an estimated timeline to initiate construction and completion of the project.

On July 26, 2023, the applicant
received the Letter of Disconnect
from SDG&E, resolving the
delay, and has provided the
document to city staff. The
demolition permit for the project
was issued to the applicant and
contractor on July 26, 2023, and
as of August 8, 2023, the existing
commercial building at 1333
Palm Avenue has been
demolished. This is the first
extension request for the project
and the original project approval shall not expire until the time when the extension application has been acted upon by the City Council.

There have been no changes to the zoning code and no change in circumstances where the site plan would conflict with development regulations. The original analysis for the project can be reviewed in the staff report from August 17, 2022 (Attachment 3).

ENVIRONMENTAL DETERMINATION:

FISCAL IMPACT:

The applicant deposited $10,380.50 to process the application.

Page 60 of 187 ends

P a g e | 3
ATTACHMENTS:

1. ATT 1 – Resolution 2023-67

2. ATT 2 – Applicant Extension Request and Timetable

3. ATT 3 – Original staff report from August 17, 2022 (attachments available at the City Clerk)

4. ATT 4 – Resolution No. 2022-66
c: MF 1428

Page 61 of 187 ends

Attachment 4 Page 62 of 187

Page 63 of 187 ends

Page 64 of 187 ends

Page 65 of 187 ends

Page 66 of 187 ends

Page 67 of 187 ends

Page 68 of 187 ends

Page 69 of 187 ends

Page 70 of 187 ends

Page 71 of 187 ends

Page 72 of 187 ends

Page 73 of 187 ends

Page 74 of 187 ends

P a g e | 1
March 6, 2024
ITEM TITLE: AMENDED REPORT - CONSIDERATION OF A SPECIAL EVENT PERMIT APPLICATION FOR THE USE OF PIER PLAZA BY ST. JAMES CHURCH TO HOST THEIR ANNUAL EASTER SERVICE EVENT. (1040-10)
ORIGINATING DEPARTMENT:

Parks & Recreation
EXECUTIVE SUMMARY:

As part of the Special Event Policies and Procedures, the City Council may approve special events under the condition that a complete application is submitted by the applicant and reviewed and deemed complete by the City of Imperial Beach staff. All permissions and other agency permits must also be obtained before a Special Event Permit is issued. Staff is bringing forward an application from St. James Church to hold their annual Easter Service in Pier Plaza on Sunday, March 31st for City Council consideration.

RECOMMENDATION:

OPTIONS:
 Approval of staff recommendation for the special event permit  Modification to the proposed event and fee waiver amount  Request additional information and an additional report BACKGROUND/ANALYSIS:

Imperial Beach is Classic Southern California, and a natural tourist destination for visitors coming to enjoy our parks and beach. The City of Imperial Beach strives to attract events to our community for both residents and visitors to enjoy year-round. The City strives to host events that align with our mission to enhance and maintain Imperial Beach as a beach-oriented community with a safe, small town, family atmosphere, rich in natural and cultural resources.

St. James Church has hosted their annual Easter Son Rise Service event in Pier Plaza for several years to bring our culturally diverse community of all ages together in one of our most beautiful venues. Staff has received the special event permit application requesting use of Pier Plaza with amplified sound which would require access to electricity provided by staff. The event would be held on Sunday, March 31, 2024 from 6:00 a.m. – 9:00 a.m., pending the conditions of approval.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

Page 75 of 187 ends

P a g e | 2
FISCAL IMPACT:

No fiscal impact. All fees for special event permit application should be paid by the applicant before the permit is issued.

ATTACHMENTS:

Att 1 – St James Church Easter Service Special Event Application Att 2 – St James Church Pier Plaza Map Layout

Page 76 of 187 ends

Page 77 of 187 ends

Submission ID: 579fb23f-fc96-41d0-9892-d4124666191b Page 2/5 Event Day Contact Information

TREVOR BARTLETT

Easter Service at Pier Plaza. Require Electrical Box turned on at 08:00 AM for sound checks and service to follow.

Pier Plaza Seacoast Drive Imperial Beach CA
120
1 Yes

Electrical Connections
Sanitation and Recycling Information
Applicants are responsible for leaving the venue clean with no trash, or empty boxes left behind. A fee will be incurred if the area is not left in good condition. You are required to provide portable restrooms at your event unless you can substantiate the sufficient availability of ADA accessible and non-accessible facilities in the immediate area of the event which will be available to the public during the event.

Trash & Recycling
0 0
0 Portable Restrooms, Handwashing Stations, & 3-Compartment Sinks 0 0
0

Page 78 of 187 ends

Submission ID: 579fb23f-fc96-41d0-9892-d4124666191b Page 3/5 Medical Plan
Events that involve competitions/fitness, high risk activity, or with an estimated attendance of 1000 or more people as indicated above must provide licensed medical services at the event. If you plan to use City public safety resources (Fire-Rescue or Lifeguards) additional fees will apply.

No
City public safety is required to maintain a high level of service to the community at all times. Events that require services beyond what the City can provide while still maintaining a high level of service to the community will need to contract with other public safety agencies.

Electricity
If you plan to use electricity, please use a licensed electrician to ensure the correct equipment is being utilized. We will not provide electricity to events if it is raining for the safety of participants and attendees. The City of Imperial Beach does not guarantee the reliability of electrical power in public spaces, therefore it is recommended applicants provide alternative sources should failure occur.

Alcohol
We strive to keep events in our community in line with our mission of a family friendly, classic southern California beach atmosphere, and do not permit designated alcohol areas for events in Pier Plaza. We bring events into the community that support our local businesses, so if you wish to have alcohol as part of your event please use one of our local establishments. If you desire to apply for approval, please submit an ABC 221 form for review by San Diego County Sheriff and the City Manager. If approved, licensed security and a San Diego County Sheriff contract are required.

You will need to provide the approved ABC permit a Special Event Permit will be issued.

No
Amplified Sound
The City of Imperial Beach discourages the use of amplified sound for special events, unless deemed necessary.

Yes

Church Service and will follow sound guidelines

Yes
Utility Setup

Need electrical turn on at 08:00 AM to comply with noise abatement requirements. The Service will have speakers for music and microphones.

Special Requests

Page 79 of 187 ends

Page 80 of 187 ends

Page 81 of 187 ends

ATTACHMENT 2

Page 82 of 187 ends

P a g e | 1
March 6, 2024
ITEM TITLE: CONSIDERATION OF A SPECIAL EVENT PERMIT APPLICATION FOR THE PADRES PEDAL THE CAUSE EVENT TO BE HELD ON SUNDAY, APRIL 7, 2024. (1040-10) ORIGINATING DEPARTMENT:

Parks & Recreation
EXECUTIVE SUMMARY:

As part of the Special Event Policies and Procedures, the City Council will approve special events under the condition that a complete application is submitted by the applicant, reviewed, and approved by the City of Imperial Beach staff. All permissions and other agency permits must also be obtained before a Special Event Permit is issued. Staff is bringing forward 2024 Padres Pedal the Cause special event requests for City Council consideration.

RECOMMENDATION:

OPTIONS:
 Approval of staff recommendation.
 Modification to the proposed event.
 Request additional information and an additional report.

BACKGROUND/ANALYSIS:

Imperial Beach is Classic Southern California City, and a natural tourist destination for visitors coming to enjoy our city parks and beach. The City of Imperial Beach strives to attract both annual and one-time events to our community for both residents and visitors to enjoy. Events held in the city aim to align with our mission to enhance and maintain Imperial Beach as a beach-oriented community with a safe, small town, family atmosphere, rich in natural and cultural resources.

Cureband Inc. has applied to host their annual Padres Pedal the Cause Event for cancer which crosses through Imperial Beach with bike riders choosing to ride a 25, 40, 55, or 75 mile course.

The course enters and exits the City of Imperial Beach by Bikeway Village using 13th Street to Cypress Avenue and then Florence Street before riders return to the course. The event footprint will include Bikeway Village for canopies that will disperse hydration and nutrition to riders as needed. The Cureband Inc. event producer is working directly with property tenants at Bikeway Village to not impact any businesses within the event footprint during the four-hour ride.

Padres Pedal the Cause event will begin setup at 4:00 a.m. with a start time of riders being in Imperial Beach at 8:00 a.m. The event will conclude at 12:00 p.m. and be offsite by 1:00 p.m.

Page 83 of 187 ends

P a g e | 2
Imperial Beach residents in the immediate area surrounding the one-day event will be notified by mailer of the increased biking traffic on that Sunday between the hours of 8:00 a.m. – 12:00 p.m.

City staff departments will work with event the producer on all event requirements including Public Works staff who will provide detailed information on event street closure procedure and signage required. The event requires the Fire-Rescue Department to provide paramedic staff for any medical needs that may arise. Fees will be charged for these services in accordance with the city fee schedule.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

No fiscal impacts associated with this report.

ATTACHMENTS:

ATT 1 – Padres Pedal the Cause Event Application
ATT 2 – Padres Pedal the Cause Layout Map
ATT 3 – Padres Pedal the Cause Resident Mailer/Event Flyer

Page 84 of 187 ends

Page 85 of 187 ends

Submission ID: b82fd0fd-be35-4f87-969a-05295a64411b Page 2/5 Event Day Contact Information
Hannah Smith

Charity cycling event, following rules of the road.

Padres Pedal the Cause is Curebound’s largest signature event, bringing together thousands of participants each year to raise money for collaborative cancer research. Hosted in partnership with the Padres, "Pedal" is San Diego’s most impactful fundraising experience with over $25 million raised to date to fund 80+ innovative research grants in all types of cancer. 535 FLORENCE ST
450
25 Yes

Pop-up Canopies
Street Closure
6 10x10
Sanitation and Recycling Information
Applicants are responsible for leaving the venue clean with no trash, or empty boxes left behind. A fee will be incurred if the area is not left in good condition. You are required to provide portable restrooms at your event unless you can substantiate the sufficient availability of ADA accessible and non-accessible facilities in the immediate area of the event which will be available to the public during the event.

Trash & Recycling
10 10
0

Page 86 of 187 ends

Submission ID: b82fd0fd-be35-4f87-969a-05295a64411b Page 3/5 04/07/2024 12:00 PM (PDT)
04/07/2024 12:00 PM (PDT)
Portable Restrooms, Handwashing Stations, & 3-Compartment Sinks 10 2
04/07/2024
04/07/2024
2 04/07/2024
04/07/2024
Traffic and Parking Plan
Road Closure
Road closures require a contract for services with the San Diego County Sheriff Department. Staffing costs are determined by the San Diego County Sheriff Department.

NA
NA
Any traffic control equipment and personnel will be the responsibility of the applicant to acquire, maintain, and remove. Signage is required to be placed 72 hours prior to event.

All events in Pier Plaza require licensed security at designated areas for parking management.

Medical Plan
Events that involve competitions/fitness, high risk activity, or with an estimated attendance of 1000 or more people as indicated above must provide licensed medical services at the event. If you plan to use City public safety resources (Fire-Rescue or Lifeguards) additional fees will apply.

Page 87 of 187 ends

Page 88 of 187 ends

Page 89 of 187 ends

S
S
Storage Unit
(Delivered Sat)
Porta Potties
Bike Racks
X
X
Rider seating
& Chairs
Nutrition
& Hydration
Bikeway Village/ NOVA + RAD Power Bikes
535 Florence St., Imperial Beach, CA 91932
Volunteer Captain Arrive
Time: 5:00
Estimated set up time 2:00
Estimated breakdown time 1:00
Volunteer arrival 5:15
Volunteers leave 12:15
Estimate Number of Riders 1000
Earliest Rider 7:21
Latest Rider 10:46
Aid station close 11:16
Ride Distances Going
Through ALL
Mile Marker on courses 12.9
Food & Bev tents (10x10) 6
Medical tent (10x10) 1
Mechanic Tent (10x10) Bringing Own
Gear check tent (10 x 10) 1
Tent - DJ/ Radio Station 1
Tables - food, hydration, mech, medic, radio 17
Tables- 8 ft (seating for riders) 4
Chairs for riders 54
25 mile
Back to path
55,88, 100 mile
right onto 13th
Medic Tent
Mechanic
Cones/Signage:

Closed to traffic Gear
Check Tent
Speakers
ATTACHMENT 2

Page 90 of 187 ends

ATTENTION!
CYCLING & 5K EVENT IN YOUR AREA
- APRIL 7, 2024 -
Padres Pedal the Cause, a cycling and 5K event raising funds for cancer research, is passing through your neighborhood on Sunday, April 7. Florence St will be closed north of Cypress from 6:00am to 12:00pm on April, 7. Please plan parking appropriately. Visit curebound.org/ padrespedal/resources for specific routes and areas of impact on April 7.

Padres Pedal the Cause, un evento de ciclismo y 5 km para recaudar fondos para la investigación del cáncer, pasará por su vecindario el domingo 7 de abril. Florence St estará cerrada al norte de Cypress de 6:00 am a 12:00 pm el 7 de abril. Por favor planifique estacionarse adecuadamente.

Visite curebound.org/padrespedal/resources para conocer rutas específicas y áreas de impacto el 7 de abril.

Call 619.314.5878 to contact an event representative.

ATTACHMENT 3

Page 91 of 187 ends

Every dollar raised funds life-saving cancer
research.

APRIL 9, 2022 AT PETCO PARK
RIDE. RUN. SPIN. CURE >>
To learn more about Padres Pedal the Cause
and how you can help create a world without
cancer, please visit www.curebound.org
Padres Pedal the Cause
9191 Towne Centre Drive, Suite 300
San Diego, CA 92122

Page 92 of 187 ends

P a g e | 1
March 6, 2024
ITEM TITLE: PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTION 2024-009

AMENDING THE CITY OF IMPERIAL BEACH MASTER FEE SCHEDULE TO ADOPT AND

ADD THE INTERNATIONAL CODE COUNCIL BUILDING VALUATION MULTIPLIERS FOR 2023. (0710-95)
ORIGINATING DEPARTMENT:

Community Development
EXECUTIVE SUMMARY:

The City’s Master Fee Schedule is a compilation of fees for City services provided to members of the public. On October 4, 2023 the City Council adopted the new Master Fee Schedule which took effect on January 1, 2024 for all fees related to Parks, Recreation, and Community Services and on March 1, 2024 for all other related fees. While many of the fees were accounted for in the recent Master Fee schedule update, the Building Valuation table with building valuation multipliers had not been reviewed or updated since 2002. Construction costs in the San Diego area have increased since the City of Imperial Beach last established the 2001 International Conference of Building Officials (ICBO) cost per square foot schedule as the basis for calculating building valuation and permit fees for new construction in 2002.

This item is a public hearing for the City Council to receive public input and consider amending the Master Fee Schedule to adopt and add the International Code Council Building Valuation multipliers for 2023. If adopted, the new building valuation multipliers would take effect May 6, 2024. The adoption of the 2023 valuation table would facilitate cost recovery for building related services which would in turn serve to meet the service level expectations of the community provided by the Building Division in the Community Development Department.

RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 2024-009 setting forth minimum building valuations for the current fiscal year.

OPTIONS:
 Provide further input and direction to City staff.

BACKGROUND/ANALYSIS:

On October 4, 2023 the City Council adopted the new Master Fee Schedule which took effect on January 1, 2024 for all fees related to Parks, Recreation, and Community Services and on March 1, 2024 for all other related fees. While many of the fees were accounted for in the recent Master Fee schedule update, the Building Valuation table with building valuation multipliers for 2001 had not been reviewed or updated since 2002. The San Diego Chapter of the ICC typically update the valuation multiplier table on an annual basis. However, the City of Imperial Beach last established

Page 93 of 187 ends

P a g e | 2
the 2001 International Conference of Building Officials (ICBO) cost per square foot schedule as the basis for calculating building valuation and permit fees for new construction in 2002. Since then, construction costs in the San Diego area have increased, creating a gap between what has been charged for services versus the actual cost of providing services.

The task of determining the value of construction is mandated to be the responsibility of the Building Official by Section 109.3 in Chapter 1, Division II of the 2022 California Building Code.

Since 1987, the San Diego Chapter of the International Code Council (ICC) has developed and published building valuation data that is widely used and accepted by Building Departments within the San Diego County area. The project valuations are not only used by Building Departments, but are used by various other agencies, newspapers, magazines, and the County Tax Assessor, as well as the design and construction industries.

The valuation schedule presented to the San Diego Chapter of ICC was last amended in 2022.

To calculate the 2023 building valuation multipliers for 2023, the ICC utilized the “US 20 Cities” data from the Engineering News Journal, published by McGraw Hill. This method has been used for many years and is recognized as a national source of current construction costs. As the City of Imperial Beach is currently using the 2001 valuation schedule, there has been a gap in the calculated fees charged for services that is lower than the actual cost of providing services. The building valuation multiplier table is used to calculate fees associated with building permits, which provides for the building permit and inspection services to the developers and residents of Imperial Beach. It is, therefore, recommended that the City Council adopt the current valuation schedule as set forth by the ICC Building Valuation multipliers for 2023.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

Adoption of Resolution 2024-009 amending the Master Fee Schedule to adopt and add the ICC building valuation multipliers for 2023 will allow the City to recover the costs of providing building related services and increases the availability of General Fund revenues to be used for City services and activities available to residents.

ATTACHMENTS:

Attachment 1 – Resolution 2024-009
Attachment 2 – Master Fee Schedule_ FINAL

Page 94 of 187 ends

ATTACHMENT 1
RESOLUTION NO. 2024-009

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

AMENDING THE CITY OF IMPERIAL BEACH MASTER FEE SCHEDULE TO ADOPT AND

ADD THE INTERNATIONAL CODE COUNCIL BUILDING VALUATION DATA WHEREAS, construction costs in the San Diego area have increased since the City of Imperial Beach last established the 2001 International Conference of Building Officials (ICBO) cost per square foot schedule as the basis for calculating building valuation and permit fees for new construction; and
WHEREAS, the building valuation data published by the International Code Council (ICC) is widely used and accepted by other jurisdictions in the San Diego County area; and WHEREAS, the City Council has determined that City staff provides many types of services involving requests by City customers (“Applicants”), and the City charges service fees, user fees, regulatory fees, and development-related fees upon Applicants to recover the costs of staff time, and other expenses related to providing these services; and WHEREAS, the City Council finds that providing these services is of special benefit to Applicants both separate and apart from the general benefit to the public; and therefore, in the interests of fairness to the general public, the City desires to better recover the costs of providing these services from Applicants who have sought the City’s services by amending its Master Fee Schedule; and
WHEREAS, California cities may impose user and regulatory fees for services and activities they provide through provisions set forth in the State Constitution, Article XIII C § 1.

Under this legal framework, a fee may not exceed the reasonable cost of providing the service or performing the activity. In this instance, the service or underlying action causing the City to perform the service is either discretionary and/or is subject to regulation. As a discretionary service or regulatory activity, the fees fall outside of the definition and statutory requirement to impose general taxes, special taxes, and fees as a result of property ownership; and WHEREAS, notice of this public hearing has been given pursuant to State law, and written notice has been provided to interested parties who filed written requests for mailed notice of meetings on new or increased development-related fees or service charges; and WHEREAS, the City Council conducted a duly noticed public hearing on March 6, 2024 at which time the public was invited to make oral and written presentations as part of the meeting prior to the adoption of this Resolution; and WHEREAS, not less than ten (10) days prior to the public hearing referenced above, the City made available for public inspection information required under Government Code Section 66000, et seq.; and
WHEREAS, the City published notice of the public hearing as described above in accordance with State law for the various fees specified in this Resolution.

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

1. The above recitals are true and correct and are included herein as findings.

Page 95 of 187 ends

Resolution No. 2024-009

Page 2 of 2 ends

2. The City Council hereby approves and adopts the values determined by the San Diego Area Chapter International Code Council building valuation data as shown in the San Diego Area Chapter International Code Council Building Valuation Multipliers Table for 2023 attached hereto as Exhibit A to apply to building permit fees in the City’s Master User Fee Schedule. Specifically, the building permit fees are charged to provide building inspection services. The City’s Master User Fee Schedule shall be amended as necessary to reflect this adoption.

3. That this valuation table will be evaluated and updated annually when the City Council updates its Master Fee Schedule.

4. That the San Diego Area Chapter International Code Council Building Valuation Multipliers Table for 2023 and subsequent changes to building related fees shall be effective no sooner than 60 days following the adoption of this resolution in compliance with State of California, Government Code Section 66017(a). The effective date for application of the updated San Diego Area Chapter International Code Council Building Valuation Multipliers Table for 2023 shall be May 6, 2024.

5. The City Council hereby directs the City Manager or designee to take all actions necessary to amend the City’s Master User Fee Schedule as necessary to reflect the actions in this Resolution.

6. The City Council finds and determines that the existing, new or increased fees, rates, and charges established in Exhibit “A” to this Resolution are in an amount reasonably necessary to recover the costs of providing the service for which such fee, rate, or charge is levied or authorized to be levied. The fees proposed in Exhibit “A” will not exceed the estimated cost to provide the services.

7. The City Council hereby repeals all prior enactments of fees that reflect different building valuation data that are inconsistent with those as stated in Exhibit “A” as of May 6, 2024. As of May 6, 2024, the data as listed in Exhibit “A” will supersede and replace the prior adoption of the same or similar valuation data.

8. The City Manager or designee is authorized to carry out all actions necessary to implement and collect the fees under the amended Master Fee Schedule.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 6th day of March 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

Page 96 of 187 ends

Occ Use Type of
Construction Valuation Occ Use Type of Construction Valuation R-2 Apartment Houses *Type I or I B. 218.38 B/R/S Fire Stations Type I or I B 228.40 Apartment Houses Type V or Ill
(Masonry) 178.31 Fire Stations Type II A 150.26
Apartment Houses Type V Wood
Frame 164.29 Fire Stations Type II B 142.25
Apartment Houses Type I Basement
Garage 76.13 Fire Stations Type Ill A 164.29
B Banks Type I or I B 296.52 Fire Stations Type Ill B 158.28 Banks Type II A 218.38 Fire Stations Type V A 154.27
Banks Type II B 212.37 Fire Stations Type V B 146.26
Banks Type Ill A 240.43 A-3 Fitness Centers Same values as Office Bu ildings 0.00
Banks Type Ill B 232.41 I-2 Hospitals Type I A or I B 326.57 Banks Type V A 218.38 Hospitals Type Ill A 270.48
Banks Type V B 210.38 Hospitals Type V A 258.45
B Car Washes Type Ill A 140.24 R-1 Hotels & Motels Type I A or I B 202.36 Car Washes Type Ill B 134.23 Hotels & Motels Type Ill A 176.31 Car Washes Type V A 120.21 Hotels & Motels Type Ill B 166.30 Car Washes Type V B 112.20 Hotels & Motels Type V A 152.27 A-3 Churches Type I or I B 198.35 Hotels & Motels Type V B 150.26 Churches Type II A 150.26 F Industrial Plants Type I A or I B 114.20 Churches Type II B 142.25 Industrial Plants Type II A 80.14 Churches Type Ill A 162.29 Industrial Plants Type II B (Stock) 74.13 Churches Type Ill B 154.27 Industrial Plants Type Ill A 88.16 Churches Type V A 152.27 Industrial Plants Type Ill B 82.15 Churches Type V B 142.25 Industrial Plants Tilt-up 60.10 I-2 Convalescent
Hospitals Type I or I B 278.49 Industrial Plants Type V A 82.15 Convalescent
Hospitals Type II A 194.34 Industrial Plants Type V B 76.13 Convalescent
Hospitals Type Ill A 198.35 B Medical Offices Type I A or I B 240.43 Convalescent
Hospitals Type V A 186.33 Medical Offices Type II A 184.32 R- 3 Dwellings *** Type V Adobe 244.44 Medical Offices Type II B 176.31 Dwellings *** Type V Masonry 194.34 Medical Offices Type Ill A 200.36 Dwellings •••
Type V Wood
Frame 184.32 Medical Offices Type Ill B 186.33
Dwellings *** Basements (semifinished) 46.08 Medical Offices Type V A 180.32 Dwellings *** Additions - Wood
Frame
220.39 Medical Offices Type V B 174.30
Dwellings *** Solariums 186.33
Dwellings *** Cabana - Pool
House (Type V) 172.31

SAN DIEGO AREA CHAPTER INTERNATIONAL CODE COUNCIL

INTERNATIONAL CODE COUNCIL
BUILDING VALUATION MULTIPLIERS FOR 2023
Exhibit A

Page 97 of 187 ends

Occ Use Type of
Construction Valuation Occ Use Type of Construction Valuation B Offices *Type I or I B 214.37 M Service Stations Type II B 134.23 Offices Type II A 144.25 Service Stations Type Ill A 140.24 Offices Type II B 136.25 Service Stations Type V A 120.21 Offices Type Ill A 154.27 Service Stations Pump Island
Canopies 56.09
Offices Type Ill B 148.26 M Stores *Type I or I B 164.29 Offices Type V A 144.25 Stores Type II A 100.17
Offices Type V B 136.25 Stores Type II B 98.17
U Private Garages Wood Frame -
Finished 48.09 Stores Type Ill A 122.22
Private Garages Wood Frame -
Unfinished 48.09 Stores Type Ill B 116.21
Private Garages Masonry 56.09 Stores Type V A 104.18
Private Garages Open Carports 34.06 Stores Type V B 96.16 B Public Buildings *Type I or I B 246.44 Stores Retail Garden Center (Type V B) 79.70
Public Buildings Type II A 200.36 A-1 Theatres Type I or I B 220.39 Public Buildings Type II B 192.34 Theatres Type Ill A 160.28 Public Buildings Type Ill A 208.37 Theatres Type Ill B 152.27 Public Buildings Type Ill B 200.36 Theatres Type V A 150.26 Public Buildings Type V A 190.34 Theatres Type V B 142.25 Public Buildings Type V B 184.32 s Warehouses ** Type I or I B 98.17 S-2 Public Garages *Type I or IB 98.17 Warehouses ** Type II A 58.11 Public Garages *Type I or II Open
Parking

74.13 Warehouses ** Type II B 56.09
Public Garages Type II B 56.09 Warehouses ** Type Ill A 66.11 Public Garages Type Ill A 74.13 Warehouses ** Type Ill B 64.11 Public Garages Type Ill B 66.11 Warehouses ** Type V A 58.11 Public Garages Type V A 68.12 Warehouses ** Type V B 56.09 A-2 Restaurants Type Ill A 196.35
Restaurants Type Ill B 188.33 *
Restaurants Type V A 178.31 **
Restaurants Type V B 172.31 ***
E Schools Type I or I B 222.39
Schools Type II A 152.27
Schools Type Ill A 162.29
Schools Type Ill B 156.28
Schools Type V A 152.27
Schools Type V B 146.26

SAN DIEGO AREA CHAPTER INTERNATIONAL CODE COUNCIL

INTERNATIONAL CODE COUNCIL
BUILDING VALUATION MULTIPLIERS FOR 2023
Note:

Add 0.5 percent to the total cost for each story over three.

Deduct 11percent for mini-warehouse.

For subdivisions with 10 or more single family dwellings which have plan check and building permit issuances in
groups of 10 or more, the valuation or the plan check and building permit fees may be increased by 10 percent.

Page 98 of 187 ends

Occ Use Type of
Construction Valuation Occ Use Type of Construction Valuation MISC Mobile Home 44.08
Agricultural Building 34.06 Patio Wood Frame with
Cover

16.03 Aluminum Siding 10.02 Patio Metal Frame with
Cover 20.03
Antennas Radio over 30 ft .
high 6451.40 Patio Wood Frame
Cover & Walls 22.03
Antennas Dish, 10 ft.
dia.w/decoder 7843.85 Patio Metal Frame
Cover & Walls 26.04

38.07 Patio Screen or Plastic
Walls 6.01
Plastering Inside 6.01

16.03 Plastering Outside 6.01
Retaining Wall Concrete or
Masonry 32.05
Balcony 26.04
Reroofing (1
square = 100
square feet)
Built-up 244.44
Decks (wood) 26.04
Reroofing (1
square = 100 sq.
ft.)
Composition
Shingles 228.40
Demolition of Building 8.02 Reroofing (1 square
= 100 sq. ft .)
Fiberglass
Shingles 228.40
Fence or Freestanding
Wall
Wood or Chain
Link 4.01 Reroofing (1 square
= 100 sq. ft .)
Asbestos Cement
Shingles 542.96
Fence or Freestanding
Wall
Wood Frame with
Stucco 10.02 Reroofing (1 square
= 100 sq. ft .)
Wood Shingles
(Class C min) 542.96
Fence or Freestanding
Wall
Wire 4.01 Reroofing (1 square
= 100 sq. ft.)
Wood Shakes
(Class C min) 542.96
Fence or Freestanding
Wall
Masonry 16.03 Reroofing (1 square
= 100 sq. ft.)
Aluminum
Shingles
819.45
Fence or Freestanding
Wall Wrought Iron 10.02 Reroofing (1 square
= 100 sq. ft .) Clay Tile 687.21
Foundation Only (25%
of value of whole
building). Remainder
of building will be va
lued at 75% of the
building
Reroofing (1 square
= 100 sq. ft.)
Concrete Tile 581.03
Greenhouse 10.02 Roof Structure
Replacement 26.04
Saunas (Steam) 16102.44
Spa or Hot Tub
("Jacuzzi®") 13211.34

SAN DIEGO AREA CHAPTER INTERNATIONAL CODE COUNCIL

INTERNATIONAL CODE COUNCIL
BUILDING VALUATION MULTIPLIERS FOR 2023
Awning or Canopy
(Supported by
Building)
Canvas
Aluminum
Manufactured Housing
(25% of value of "site
built" house)

44.08 Awning or Canopy
(Supported by
Building)

Page 99 of 187 ends

Occ Use Type of
Construction Valuation Occ Use Type of Construction Valuation Stairs 26.04 Shell Buildings
Stone and Brick
Veneer 16.03 B Banks 'Type I or I B 237.22
Storage Racks per cubic feet 2.00 Banks Type II A 174.70 Swimming Pool (per sf
surface area) Vinyl-lined 62.11 Banks Type II B 169.89
Swimming Pool (per sf
surface area) Gunite 68.12 Banks Type Ill A 192.34
Swimming Pool (per sf
surface area) Fiberglass 74.13 Banks Type Ill B 185.93
Banks Type V A 174.70
Banks Type V B 168.30
Medical offices,
restaurants,
B Medical Offices *Type I or IB 192.34
hazardous 'h'
occupancies Medical Offices Type II A 147.46
Tenant Improvements Other such as
stores & offices 60.48 Medical Offices Type II B 141.05 General Additions
and Modifiers Medical Offices Type Ill A 160.28
Fire Sprinkler System 5.21 Medical Offices Type Ill B 149.06 Air ConditioningCommercial 8.42 Medical Offices Type V A 144.25 Air ConditioningResidential 7.01 Medical Offices Type V B 139.44 Fireplace-Concrete or
masonry
6451.40 B Offices *Type I or IB 171.51
Fireplaceprefabricated metal 4385.75 Offices Type II A 115.40 Pile Foundations Cast-in-place
concrete piles 42.08 Offices Type II B 108.99
Pile Foundations Steel piles 104.18 Offices Type Ill A 123.42 Offices Type Ill B 118.61
Alterations to Existing
Structures Offices Type V A 115.40
(with no additional
F loor Area or Roof
Cover )
Offices Type V B 108.99
Interior Partition 96.16 A-2 Restaurants Type Ill A 157.08 Install Windows or
Sliding Glass Doors 30.05 Restaurants Type Ill B 150.67 Close Exterior Wall
Opening 28.05 Restaurants Type V A 142.65
Restaurants Type V B 137.84
Stores *Type I or IB 131.44
Stores Type II A 80.14
Stores Type II B 78.54
Stores Type Ill A 97.77
Stores Type Ill B 92.97
Stores Type V A 83.35
Stores Type V B 76.94
Tenant Improvements 84.15

SAN DIEGO AREA CHAPTER INTERNATIONAL CODE COUNCIL

INTERNATIONAL CODE COUNCIL
BUILDING VALUATION MULTIPLIERS FOR 2023

Page 100 of 187 ends

CITY OF IMPERIAL BEACH

MASTER FEE SCHEDULE
FY 23/24
Adopted by Resolu�on No. 2023-78
Amended by Resolution No. 2024-009
Attachment 2
Parks, Recreation, and Community Services effective January 1, 2024 Other listed fees effective March 1, 2024
2023 Building Valuation Table effective May 6, 2024 Page 101 of 187 Fee
Unit/Type
Fee /
Deposit
Amount
1 Background Checks [2]
Solicitor/Peddler flat $ 96.00
Massage Parlors - Owner flat $ 96.00
Massage Parlors - Technician flat $ 96.00
Teenage Dances (incl. Private Use of Facilities) flat $ 96.00 Security Patrol Officer flat $ 96.00
All Others flat $ 96.00
2 Alarm Permits bi-annual $ 50.00
3 Animal Licenses bi-annual
See Provider
Schedule
4 False Alarms
More than 2 in 30 Days each $ 100.00
More than 3 in 90 Days each $ 150.00
Each additional false alarm each $ 150.00
5 Business License Processing Fee [3]
New
Commercial flat $ 50.00
Home Based flat $ 50.00
Regulatory flat $ 50.00
Rentals flat $ 50.00
Temporary - For Special Events flat
See
Recreation Fee
Schedule
Out of City flat $ 50.00
Renewal
Commercial flat $ 30.00
Home Based flat $ 30.00
Regulatory flat $ 30.00
Rentals flat $ 30.00

ADMINISTRATIVE SERVICES
Fee Name

CITY OF IMPERIAL BEACH MASTER FEE SCHEDULE
FY 2023-2024

Page 102 of 187 ends

Fee
Unit/Type
Fee /
Deposit
Amount

ADMINISTRATIVE SERVICES
Fee Name
Temporary - For Special Events flat
See
Recreation Fee
Schedule
Out of City flat $ 30.00
Change of Location each $ 30.00
Duplicate License Fee each $ 30.00
Concession Stands, Hawkers, Transient Sales
Concession Stand daily $ 30.00
Hawkers daily $ 30.00
6 City Clerk Fees [4]
Copy fee
Less than 10 pages flat No Charge
10 pages and greater per page $ 0.10
Documents provided on USB flash drive (applicant provides flash drive) flat No Charge Documents provided on USB flash drive (City provides flash drive) actual cost of
USB
Actual Cost of
USB
Filing Fee for Initiative Petitions (CEC 9202(b)) flat $ 200.00 7 Credit Card Fees/Service Charges [5]
NTE actual cost
of 3rd Party
Vendor
NTE Actual
Cost
8 For services requested of City staff which have no fee listed in this fee schedule hourly $ 191.00 [1] Sourced from "City of Imperial Beach Master Fee Schedule.pdf" provided by City [2] City processing fee only. Other fees may apply from outside agencies. [3] Finance processing fees only. Fees from other City departments may apply. [4] Fees set by State. NBS did not evaluate
[5] Service provided by third party consultant
Notes

Page 103 of 187 ends

Fee
Unit/Type
Fee /
Deposit
Amount
A. ANNUAL OCCUPANCY INSPECTIONS
1 Group A - Assembly related occupancies
A-2 flat 315.00$
A-3 flat 105.00$
2 Group B - Business flat $ 84.00
3 Group C - Camps flat 315.00$
4 Group E - Education flat 210.00$
5 Group F - Factory
F-1 flat $ 348.00
F-2 flat $ 315.00
6 Group H - High-Hazard flat $ 493.00
7 Group I - Institutional
I-1 flat $ 370.00
I-2 flat $ 370.00
I-3 flat $ 493.00
8 Group L - Occupancies Located above the 10th Story flat $ 493.00 9 Group M - Merchantile flat $ 327.00
10 Group R-1 - Hotels flat $ 507.00
11 Group R-2.1 - Residential Care Facility flat $ 407.00 12 Group S - Storage
S-1 flat $ 218.00
S-2 flat $ 218.00
S-3 flat $ 218.00

FIRE INSPECTION SERVICES
Fee Name

Page 104 of 187 ends

Fee
Unit/Type
Fee /
Deposit
Amount

FIRE INSPECTION SERVICES
Fee Name
S-4 flat $ 218.00
S-5 flat $ 218.00
13 Residential Rental Fire Inspections
Processing Fee
New License flat $ 14.00
Renewal flat $ 14.00
Inspection
Single Family(CFC Classification R-3) flat $ 65.00
Duplex Dwelings (CFC Classification R-2) flat $ 130.00
Multifamily Properties (CFC Classification R-2 and R-4) Each Additional Unit Beyond 2 per unit $ 14.00
14 Pyrotechnic flat $ 433.00
15 Business License Review - New License flat $ 50.00
B. DEVELOPMENT PLAN REVIEW AND INSPECTION
16 Planning Review hourly $ 173.00
17 Building Review hourly $ 173.00
18 Fire Sprinklers
NFPA 13 & 13-R [2]
Base review: 1-100 heads flat $ 1,384.00
Each additional 100 heads, or fraction thereof flat $ 346.00 Minor alteration of an existing system (3 heads or less) [3] flat $ 519.00 NFPA 13-D [2]
Base review: 1-50 heads flat $ 692.00
Each additional 50 heads, or fraction thereof flat $ 346.00 Minor alteration of an existing system (2 heads or less) [4] flat $ 346.00 19 Automatic Extinguishing System Review (A.E.S.) [5]

Page 105 of 187 ends

Fee
Unit/Type
Fee /
Deposit
Amount

FIRE INSPECTION SERVICES
Fee Name
Base review flat $ 692.00
Each additional system or multi-system operations flat $ 346.00 20 NFPA 72 Fire Alarm System [6]
Base review: 1-25 devices flat $ 1,038.00
Each additional 25 devices or fraction thereof flat $ 173.00 Minor alteration of an existing system (4 devices or less, no panel change) flat $ 346.00 21 Emergency Response
Command Vehicle - chief per hour
Engine - 4 person per hour $ 220.00
Squad Vehicle - 2 person (captain & firefighter) per hour Fire Marshal per hour $ 100.00
22 During Business Hours hourly $ 173.00
After Business Hours hourly $ 173.00
[1] Sourced from "City of Imperial Beach Master Fee Schedule.pdf" provided by City [2] Per riser. Inspection fee is included with review.
[3] Any alteration exceeding 3 heads requires a new submittal [4] Any alteration exceeding 2 heads requires a new submittal [5] Includes commercial kitchen, clean agent, paint booth, etc. Inspection fee is included with review. Any alteration require [6] Any alteration exceeing 4 devices requires a new submittal. Inspection fee is inlcuded with review.

Notes
For additional plan reviews past 2nd submittal, for additional inspections beyond 2, or for services requested of City staff which have no fee listed in this fee schedule

Page 106 of 187 ends

Fee
Unit/Type
Fee /
Deposit
Amount
1 ABC Permit Review flat $ 146.00
2 Appeals
Applicant Initiated flat $ 500.00
Other than Applicant Initiated flat $ 500.00
3 Boundary Adjustment
City Administrative Fee
minimum
fee $ 1,161.00
Consultant Costs actual cost Actual Cost
4 Business License Review [6] flat $ 50.00
5 Cannabis (annual) minimum fee
See
Resolution
2021-83
6 Certificate of Compliance [2]
City Administrative Fee
minimum
fee $ 1,161.00
Consultant Costs actual cost Actual Cost
7 Coastal Permit
Administrative minimum fee $ 2,323.00
Regular minimum fee $ 5,807.00
Coastal Commission Local Agency Review minimum fee $ 774.00 8 Conditional Use Permit minimum fee $ 5,807.00
9 Design Review
Administrative minimum fee $ 2,323.00
Design Review Board/Planning Commission/Council minimum fee $ 5,807.00 10 Environmental Review [3]
COMMUNITY DEVELOPMENT - PLANNING DIVISION [4]
Fee Name

Page 107 of 187 ends

Fee
Unit/Type
Fee /
Deposit
Amount
COMMUNITY DEVELOPMENT - PLANNING DIVISION [4]
Fee Name
Initial Assessment hourly $ 194.00
Negative Declaration / Mitigated Negative Declaration
City Administrative Fee minimum fee $ 5,807.00
Consultant Costs [2] actual cost Actual Cost
Environmental Impact Report
City Administrative Fee minimum fee $ 10,646.00
Consultant Costs [2] actual cost Actual Cost
11 General Plan Amendment minimum fee $ 10,646.00
12 Grading Plan
City Administrative Fee minimum fee $ 581.00
Consultant actual cost Actual Cost
13 Maps
Tentative Map
Parcel Map (1-4 lots)
City Administrative Fee minimum fee $ 3,484.00
Consultant Costs [2] actual cost Actual Cost
Subdivision Map (5+ lots)
City Administrative Fee minimum fee $ 5,807.00
Consultant Costs [2] actual cost Actual Cost
Final Map
Parcel Map (1-4 lots)
City Administrative Fee minimum fee $ 3,484.00
Consultant Costs [2] actual cost Actual Cost
County Surveyor Fee actual cost Actual Cost
Subdivision Map (5+ lots)
City Administrative Fee minimum fee $ 5,807.00
Consultant Costs [2] actual cost Actual Cost
County Surveyor Fee [2] actual cost Actual Cost

Page 108 of 187 ends

Fee
Unit/Type
Fee /
Deposit
Amount
COMMUNITY DEVELOPMENT - PLANNING DIVISION [4]
Fee Name
Condo Conversion
4 Units or Less
City Administrative Fee minimum fee $ 3,484.00
Consultant Costs [2] actual cost Actual Cost
5+ Units
City Administrative Fee minimum fee $ 5,807.00
Consultant Costs [2] actual cost Actual Cost
Time Extension
Parcel Map (1-4 lots) minimum fee $ 968.00
Subdivision Map (5+ lots) minimum fee $ 1,549.00
14 Outdoor Sales Permit
No Inspection Required flat $ 97.00
Fire Inspection Required [5] flat $ 200.00
15 Planning Commission Interpretation minimum fee $ 2,323.00 16 Pre-application Conference minimum fee $ 387.00
17 Preliminary Review
First 30 minutes flat No Charge
Additional Review Time per hour $ 194.00
18 Review of Building
Residential Alteration each $ 387.00
Residential Addition each $ 387.00
Residential New each $ 387.00
Commercial T.I. each $ 387.00
Commercial Addition each $ 387.00
New Commercial or Mixed-Use each $ 387.00
19 Rezone minimum fee $ 10,646.00

Page 109 of 187 ends

Fee
Unit/Type
Fee /
Deposit
Amount
COMMUNITY DEVELOPMENT - PLANNING DIVISION [4]
Fee Name
20 Sign Permit / Admin minimum fee $ 300.00
21 Sign Program minimum fee $ 1,161.00
22 Site Plan Review
Administrative minimum fee $ 2,323.00
Regular minimum fee $ 5,807.00
23 Temporary Outdoor Sales Permit flat $ 97.00
24 Variance minimum fee $ 5,807.00
25 Zoning and Code Review flat $ 194.00
26 Zoning Verification Letter flat $ 194.00
27 For services requested of City staff which have no fee listed in this fee schedule hourly $ 194.00 [1] Sourced from "City of Imperial Beach Master Fee Schedule.pdf" provided by City [2] Service provided by third party consultant
[3] See CA Fish & Wildlife websites for additional applicable fees [4]
[5] Finance processing fees only. Fees from other City departments may apply. [6] Applies to new business license application
The Community Development Director may waive portions of any minimum fee if certain aspects of a permit may be inapplicable or if there may be multiple permits being processed concurrently.

Notes

Page 110 of 187 ends

Fee
Unit/Type
Fee /
Deposit
Amount
A. ABUILDING PERMIT AND PLAN CHECK FEES [1] [2]
1 Building Permit/Inspection
base fee up
to $500 $ 181.00
each additional $100 or fraction thereof
each add'l
$100 $ 8.50
base fee @
2,000 $ 242.00
each additional $1,000 or fraction thereof
each add'l
$1,000 $ 10.50
base fee @
$25,000 $ 725.00
each additional $1,000 or fraction thereof
each add'l
$1,000 $ 24.16
base fee @
$50,000 $ 1,329.00
each additional $1,000 or fraction thereof
each add'l
$1,000 $ 19.33
base fee @
$100,000 $ 2,295.00
each additional $1,000 or fraction thereof
each add'l
$1,000 $ 14.80
base fee @
$500,000 $ 8,215.00
each additional $1,000 or fraction thereof
each add'l
$1,000 $ 15.46
base fee @
1,000,000 $ 15,946.00
each additional $1,000 or fraction thereof
each add'l
$1,000 $ 15.95
2 Building Plan Check
base fee up
to $500 $ 242.00
each additional $100 or fraction thereof
each add'l
$100 $ 16.11
base fee @
2,000 $ 363.00
each additional $1,000 or fraction thereof
each add'l
$1,000 $ 21.01
$500
$2,000

BUILDING, SAFETY & INSPECTION
Fee Name
$500,000
$1,000,000
$500
$25,000
$50,000
$100,000
$2,000

Page 111 of 187 ends

Fee
Unit/Type
Fee /
Deposit
Amount

BUILDING, SAFETY & INSPECTION
Fee Name
base fee @
$25,000 $ 1,208.00
each additional $1,000 or fraction thereof
each add'l
$1,000 $ 9.66
base fee @
$50,000 $ 1,450.00
each additional $1,000 or fraction thereof
each add'l
$1,000 $ 4.83
base fee @
$100,000 $ 1,691.00
each additional $1,000 or fraction thereof
each add'l
$1,000 $ 2.11
base fee @
$500,000 $ 2,537.00
each additional $1,000 or fraction thereof
each add'l
$1,000 $ 1.21
base fee @
1,000,000 $ 3,141.00
each additional $1,000 or fraction thereof
each add'l
$1,000 $ 3.14
B. MISCELLANEOUS FEES - FLAT RATE PERMITS [3]
3 Above Ground Storage Tank per permit $ 483.00
4 Awning or Canopy per permit $ 212.00
5 Battery Storage System
Residential per permit $ 423.00
Commercial per permit $ 1,450.00
6 Bollards (up to 4 pieces) per permit $ 242.00
7 Cell Site
New Tower each $ 1,812.00
Rooftop Installation each $ 1,570.00
Antenna/Equipment Replacement each $ 1,450.00
8 Decks/Balcony [5]
Engineered - Special Design
First 300 s.f. flat $ 785.00
Each additional 100 s.f. each $ 252.00
$100,000
$500,000
$1,000,000
$25,000
$50,000

Page 112 of 187 ends

Fee
Unit/Type
Fee /
Deposit
Amount

BUILDING, SAFETY & INSPECTION
Fee Name
Non-Engineered - City Standard
First 300 s.f. flat $ 302.00
Each additional 100 s.f. each $ 35.00
9 Demolition of Building
Residential each $ 725.00
Commercial each $ 725.00
10 Electric Vehicle Charging Station
Residential each $ 121.00
Commercial, first each $ 272.00
Commercial, each additional each $ 136.00
11 Fence or Free Standing Wall
First 100 l.f. flat $ 302.00
Each additional 100 l.f. each $ 15.00
12 Fire Damage Repair per permit $ 544.00
13 Fireplace Repair/Replace per permit $ 272.00
14 Flagpole each $ 50.00
15 Foundation Repair
Residential per permit $ 332.00
Commercial per permit $ 665.00
16 Greenhouse per permit $ 363.00
17 Manufactured House/Building
Residential per permit $ 2,295.00
Commercial per permit $ 2,295.00
18 Partition/Wall - Interior/Non-Structural < 100' per permit $ 1,208.00 19 Patio Cover [5]
Engineered - Special Design
Frame with Cover flat $ 363.00
Frame with Cover & Walls each $ 363.00
Non-Engineered - City Standard
Frame with Cover flat $ 302.00

Page 113 of 187 ends

Fee
Unit/Type
Fee /
Deposit
Amount

BUILDING, SAFETY & INSPECTION
Fee Name
Frame with Cover & Walls each $ 302.00
20 Remodel - Residential
Kitchen/Bath each $ 483.00
Other - up to 500 s.f. each $ 483.00
Other - each additional 100 s.f. each $ 76.00
21 Repairs - Miscellaneous
Residential per permit $ 302.00
Commercial per permit $ 302.00
22 Retaining Wall [5]
Engineered - Special Design
First 100 l.f. flat $ 665.00
Each additional 100 l.f. each $ 30.00
Non-Engineered - City Standard
First 100 l.f. flat $ 302.00
Each additional 100 l.f. each $ 15.00
23 Reroofing
First 10 squares per permit $ 151.00
Each additional 10 squares per permit $ 15.00
24 Roof Structure Repair/Reinforcement
Residential each $ 483.00
Commercial each $ 725.00
25 Saunas (Steam) per permit $ 151.00
26 Shed per permit $ 393.00
27 Siding/Stucco
First 100 l.f. flat $ 151.00
Each additional 100 l.f. each $ 15.00
28 Sign
Wall - Illuminated per permit $ 181.00
Wall - Non-illuminated per permit $ 181.00
Monument - illuminated per permit $ 272.00
Monument - Non-illuminated per permit $ 272.00

Page 114 of 187 ends

Fee
Unit/Type
Fee /
Deposit
Amount

BUILDING, SAFETY & INSPECTION
Fee Name
29 Up to 1 acre per permit $ 483.00
2-10 acres per permit $ 755.00
Over 10 acres per permit $ 1,933.00
Each additional 10 acres or fraction thereof per permit $ 332.00 30 Skylight
Residential each $ 242.00
Commercial each $ 604.00
31 Solar Systems [5]
Residential Roof Mount (Up to 15 kW) flat $ 450.00
Per kW over 15 kW per kW $ 15.00
Add Residential Battery Back-Up each $ 483.00
Add Residential Panel Upgrade each $ 483.00
Add Reverse Tilt System/Ground Mount each $ 725.00
Commercial (Up to 50 kW) flat $ 1,000.00
Per kW between 51kW - 250kW per kW $ 7.00
Per kW above 250kW per kW $ 5.00
32 Spa or Hot Tub per permit $ 242.00
33 Spray Booth Install/Clean Room per permit $ 1,450.00 34 Stairs
New/Replace First Story per permit $ 665.00
Additional Story per permit $ 212.00
Repair per permit $ 423.00
35 Storage Racks
< 8 ft, first 100 l.f. per permit $ 846.00
< 8 ft, each additional 100 l.f. per permit $ 60.00
> 8 ft, first 100 l.f. per permit $ 1,208.00
> 8 ft, each additional 100 l.f. per permit $ 60.00
36 Swimming Pool
Residential per permit $ 1,812.00
Commercial per permit $ 2,054.00
Site Improvements - This includes substantial development of private parking lots which are processed separate of the structure and include any combination of the following:

Underground utilities, parking lot lighting, accessible path of travel analysis and compliance with the City's parking and driveway standards.

Page 115 of 187 ends

Fee
Unit/Type
Fee /
Deposit
Amount

BUILDING, SAFETY & INSPECTION
Fee Name
37 Temporary Structures
Seating or Bleachers per permit $ 544.00
Stages per permit $ 544.00
Tents per permit $ 544.00
Other per permit $ 544.00
38 Trash Enclosure Install per permit $ 846.00
39 Windows/Door (per 10 units)
Residential per permit -
First 10 $ 302.00
Each additional 10 $ 30.00
Commercial per permit $ 1,450.00
C. MECHANICAL, ELECTRICAL, PLUMBING PERMIT AND PLAN CHECK FEES (WHEN ASSOCIATED WITH A BUILDING PERMIT) 40 Mechanical Permit
base fee up
to 500 s.f. $ 282.00
each additional 100 s.f. or fraction thereof
each add'l
100 s.f. $ 4.00
base fee @
2,000 s.f. $ 342.00
each additional 1,000 s.f. or fraction thereof
each add'l
1,000 s.f. $ 40.00
base fee @
5,000 s.f. $ 463.00
each additional 1,000 s.f. or fraction thereof
each add'l
1,000 s.f. $ 52.00
base fee @
10,000 s.f. $ 725.00
each additional 1,000 s.f. or fraction thereof
each add'l
1,000 s.f. $ 12.00
base fee @
20,000 s.f. $ 846.00
each additional 1,000 s.f. or fraction thereof
each add'l
1,000 s.f. $ 8.00
base fee @
50,000 s.f. $ 1,087.00
each additional 1,000 s.f. or fraction thereof
each add'l
1,000 s.f. $ 2.00
500
2000
5000
10000
20000
50000

Page 116 of 187 ends

Fee
Unit/Type
Fee /
Deposit
Amount

BUILDING, SAFETY & INSPECTION
Fee Name
base fee @
100,000 s.f. $ 1,208.00
each additional 1,000 s.f. or fraction thereof
each add'l
1,000 s.f. $ 12.00
41 Electrical Permit
base fee up
to 500 s.f. $ 282.00
each additional 100 s.f. or fraction thereof
each add'l
100 s.f. $ 6.00
base fee @
2,000 s.f. $ 372.00
each additional 1,000 s.f. or fraction thereof
each add'l
1,000 s.f. $ 50.00
base fee @
5,000 s.f. $ 523.00
each additional 1,000 s.f. or fraction thereof
each add'l
1,000 s.f. $ 40.00
base fee @
10,000 s.f. $ 725.00
each additional 1,000 s.f. or fraction thereof
each add'l
1,000 s.f. $ 18.00
base fee @
20,000 s.f. $ 906.00
each additional 1,000 s.f. or fraction thereof
each add'l
1,000 s.f. $ 6.00
base fee @
50,000 s.f. $ 1,087.00
each additional 1,000 s.f. or fraction thereof
each add'l
1,000 s.f. $ 6.00
base fee @
100,000 s.f. $ 1,389.00
each additional 1,000 s.f. or fraction thereof
each add'l
1,000 s.f. $ 14.00
42 Plumbing Permit
base fee up
to 500 s.f. $ 282.00
each additional 100 s.f. or fraction thereof
each add'l
100 s.f. $ 6.00
base fee @
2,000 s.f. $ 372.00
20000
100000
500
2000
5000
10000
50000
100000
500
2000

Page 117 of 187 ends

Fee
Unit/Type
Fee /
Deposit
Amount

BUILDING, SAFETY & INSPECTION
Fee Name
each additional 1,000 s.f. or fraction thereof
each add'l
1,000 s.f. $ 50.00
base fee @
5,000 s.f. $ 523.00
each additional 1,000 s.f. or fraction thereof
each add'l
1,000 s.f. $ 40.00
base fee @
10,000 s.f. $ 725.00
each additional 1,000 s.f. or fraction thereof
each add'l
1,000 s.f. $ 18.00
base fee @
20,000 s.f. $ 906.00
each additional 1,000 s.f. or fraction thereof
each add'l
1,000 s.f. $ 6.00
base fee @
50,000 s.f. $ 1,087.00
each additional 1,000 s.f. or fraction thereof
each add'l
1,000 s.f. $ 6.00
base fee @
100,000 s.f. $ 1,389.00
each additional 1,000 s.f. or fraction thereof
each add'l
1,000 s.f. $ 14.00
D. MECHANICAL, ELECTRICAL, PLUMBING PERMIT AND PLAN CHECK FEES (WHEN NOT ASSOCIATED WITH A BUILDING PERMIT) 43 Combination Stand Alone MPE Permit
Tier 1: 2 - 3 items from the list below per permit $ 664.00 Tier 2: 4 - 6 items per permit $ 1,087.00
Tier 3: Greater than 6 items - please see Valuation Tables per permit See
Valuation
44 Singular Mechanical Permits
FAU less than 100,000 Btu/h each $ 242.00
FAU greater than 100,000 Btu/h each $ 604.00
Mechanical Alteration / Repair Minor (1 inspection assumed) each $ 483.00 Mechanical Alteration / Repair Major (2 or more inspection assumed) each $ 725.00 Hood/Vent System each $ 1,208.00
45 Singular Electrical Permits
Generator each $ 604.00
Services of 600 volts or less and over 400 amperes to 1000 amperes in rating each $ 966.00 Services over 600 volts or over 1000 amperes in rating each $ 1,087.00 Services under 600 volts, 400 amps or less each $ 604.00 20000
50000
100000
5000
10000

Page 118 of 187 ends

Fee
Unit/Type
Fee /
Deposit
Amount

BUILDING, SAFETY & INSPECTION
Fee Name
Electric Meter Reset each $ 604.00
Subpanel each $ 604.00
Temporary Power each $ 604.00
Lighting Poles
First pole each $ 846.00
Each additional each $ 242.00
Other Minor Electrical Alteration/Repair (1 inspection assumed) each $ 483.00 Other Major Electrical Alteration/Repair (2 or more inspections assumed) each $ 846.00 46 Singular Plumbing Permits
Water Heater each $ 242.00
Water Service each $ 846.00
Sewer/Septic each $ 604.00
Trap/Interceptor each $ 966.00
Gas Line Air Test each $ 604.00
Other Minor Plumbing Alteration/Repair (1 inspection assumed) each $ 483.00 Other Major Plumbing Alteration/Repair (2 or more inspections assumed) each $ 846.00 RECON
Mechanical $ 100.00
Plumbing $ 189.00
Electrical $ 151.00
E. ADDITIONAL SERVICES
47 Additional plan review required by changes, additions, or revisions to plans During Business Hours hourly $ 242.00
After Business Hours
hourly -
2 hr min $ 242.00
48 Additional inspections / Re-inspections
During Business Hours hourly $ 242.00
After Business Hours hourly $ 242.00
49 Building Moving flat $ 1,450.00
50 Imaging Fee each $ 4.00
51 Temporary Certificate of Occupancy each $ 242.00
52 Duplication of Plans each $ 242.00
53 Review of Alternative Materials each $ 242.00

Page 119 of 187 ends

Fee
Unit/Type
Fee /
Deposit
Amount

BUILDING, SAFETY & INSPECTION
Fee Name
54 Permit Extension Request each $ 242.00
55 Investigation Fee [4] each
2x Permit
Fee
56 Refund Processing each
20% of
permit fee
57 California Building Standards[4] each
$1 - $25,000 flat $ 1.00
$25,001 - $50,000 flat $ 2.00
$50,001 - $75,000 flat $ 3.00
$75,001 - $100,000 flat $ 4.00
Every $25,000 or fraction thereof above $100,000 flat $ 1.00 58 SMIP Fee [4]
Single Family Residential each
.01% of
valuation
Commercial/Multi-Family/Industrial each
.021 % of
valuation
59 For services requested of City staff which have no fee listed in this fee schedule During Business Hours hourly $ 242.00
After Business Hours hourly $ 242.00
[1] Sourced from "City of Imperial Beach Master Fee Schedule.pdf" provided by City [2] MEP's charged separately
[3] MEP's included
[4] Fee Set By State
[5] Fees set by GC 66015
[6] Building Valuation is calculated based on the San Diego Area Chapter International Code Council building valuation multipliers for 2023 as shown in Exhibit A of Resolution 2024-009 Notes

Page 120 of 187 ends

Fee
Unit/Type
Fee /
Deposit
Amount
1 Release of Lien each $ 100.00
2 Short Term Rental [3] each $ 150.00
3 SB 721 each $ 100.00
4 Lien Search each $ 50.00
5 Hearing Officer [2] actual cost actual cost
4 For services requested of City staff which have no fee listed in this fee schedule hourly $ 100.00 [1] Sourced from "City of Imperial Beach Master Fee Schedule.pdf" provided by City [2] Service provided by third party consultant
[3] Applies to new short-term business license application.

Notes

CODE COMPLIANCE
Fee Name

Page 121 of 187 ends

Fee
Unit/Type
Fee /
Deposit
Amount
1 Enroachment Permits
Tier 1A: (Storage Pod/Trash Containers) each $ 45.00
Tier 1A: (Landscaping) each $ 45.00
Tier 1B: (Fencing) each $ 190.00
Tier 1B: (Driveways) each $ 253.00
Tier 2: (Sidewalk/Approaches/Alley & Street Utility Connections) each $ 615.00 Tier 3: (Major Projects, Review of Building)
$50,000 - $500,000 each $ 904.00
$500,001+ per hour $ 72.00
2 Transporation Permit [2]
Single Trip flat $ 16.00
Annual Permit flat $ 90.00
3 Engineering Review of Planning Application per review $ 54.00 4 For services requested of City staff which have no fee listed in this fee schedule hourly $ 72.00 [1] Sourced from "City of Imperial Beach Master Fee Schedule.pdf" provided by City [2] Fee set by State
[3] Service provided by third party consultant

ENGINEERING & PUBLIC WORKS
Fee Name
Notes

Page 122 of 187 ends

Fee
Unit/Type

RESIDENT
Fee /
Deposit
Amount
NONRESIDENT Fee
/ Deposit
Amount
1 IB T-Shirts [2]
City Employees each Discount Discount
All Others each Actual Cost Actual Cost
A. Special Event Fees
2 Special Event Application Fee (excludes Wedding) [1] [3] [7] Tier I Event flat $ 100.00 $ 120.00
Booked 60+ days in advance (includes $25 late fee) $ 125.00 $ 145.00 Booked <60 days in advance (includes $50 late fee) $ 150.00 $ 170.00 Tier II Event flat $ 500.00 $ 520.00
Booked 60+ days in advance (includes $25 late fee) $ 525.00 $ 545.00 Booked <60 days in advance (includes $50 late fee) $ 550.00 $ 570.00 Tier III Event flat $ 1,000.00 $ 1,200.00
Booked 60+ days in advance (includes $25 late fee) $ 1,025.00 $ 1,225.00 Booked <60 days in advance (includes $50 late fee) $ 1,050.00 $ 1,250.00 Application Amendments All Tiers flat $ 25.00 $ 25.00
3 Wedding
Park Use Permit (Processing) Fee
Non-Commercial flat $ 316.00 $ 380.00
Commercial flat $ 350.00 $ 420.00
4 Park and Beach Venue
Park Venue
50 or less guests flat $ 500.00 $ 600.00
More than 50 guests flat $ 800.00 $ 960.00
Premier Beach Venue
50 or less guests flat $ 750.00 $ 900.00
More than 50 guests flat $ 900.00 $ 1,080.00
5 Special Event Vendor Booth Fee (day)
Food Booth (does not include business license fee) flat $ 20.00 $ 24.00 Sales Booth (does not include business license fee) flat $ 15.00 $ 18.00 Non-Profit Info Booth flat $ 10.00 $ 12.00
Special Event Business License Fee Daily (Per Vendor) daily $ 10.00 $ 10.00 Annual for Business License See Finance See Finance See Finance 6 Commercial Vendor for Special Events
Parks/Beach Application (Processing) Fee flat $ 316.00 $ 379.00 Park Space Rental Fee
First hour flat $ 158.00 $ 190.00
Each additional hour per hour $ 79.00 $ 95.00
Beach Area Rental Fee
First hour flat $ 158.00 $ 190.00
Each additional hour per hour $ 79.00 $ 95.00

RECREATION
Fee Name

Page 123 of 187 ends

Fee
Unit/Type

RESIDENT
Fee /
Deposit
Amount
NONRESIDENT Fee
/ Deposit
Amount

RECREATION
Fee Name
Snack Bar Rental Fee per day $ 237.00 $ 284.00
Amendments to application flat $ 25.00 $ 25.00
7 Commercial Filming & Photography Permit
Application (Processing) Fee $ 500.00 $ 600.00
Submitted 7 -10 + days in advance flat $ 800.00 $ 960.00 Submitted 4-6 days in advance flat $ 1,400.00 $ 1,680.00 Submitted 3 days or less in advance flat $ 1,700.00 $ 2,040.00 Site Use Fee (+ application fee)
Pier Plaza/Dunes/Beach (Premier Downtown Venue Space) per day $ 2,000.00 $ 2,400.00 Street/Street Closures per day $ 2,000.00 $ 2,400.00
Park per day $ 1,500.00 $ 1,800.00
Amendments to application flat $ 25.00 $ 25.00
8 Block Party Permit (Processing) Fee flat $ 150.00 $ 180.00 Block Party Fee flat $ 337.00 $ 404.00
9 Park Rental Fee
Weekday
Pier Plaza/Dunes/Beach (Premier Venue Space)
< 50 per day $ 175.00 $ 210.00
50 to 100 per day $ 275.00 $ 330.00
Regular Park (Teeple / Reama/ other)
< 50 per day $ 75.00 $ 90.00
50 to 100 per day $ 125.00 $ 150.00
101 to 500 per day $ 250.00 $ 300.00
Sports/Veterans Park
< 50 per day $ 125.00 $ 150.00
50 to 100 per day $ 200.00 $ 240.00
101 to 500 per day $ 275.00 $ 330.00
Weekend
Pier Plaza/Dunes/Beach (Premier Venue Space)
< 50 per day $ 200.00 $ 240.00
50 to 100 per day $ 300.00 $ 360.00
Regular Park (Teeple / Reama/ other)
< 50 per day $ 100.00 $ 120.00
50 to 100 per day $ 150.00 $ 180.00
101 to 500 per day $ 275.00 $ 330.00
Sports/Veterans Park
< 50 per day $ 150.00 $ 180.00
50 to 100 per day $ 175.00 $ 210.00
101 to 500 per day $ 300.00 $ 360.00
10 Air Jump

Page 124 of 187 ends

Fee
Unit/Type

RESIDENT
Fee /
Deposit
Amount
NONRESIDENT Fee
/ Deposit
Amount

RECREATION
Fee Name
Fee per Inflatable (10x10 or <) flat $ 50.00 $ 60.00
Fee per Inflatable (15x15 or >) flat $ 75.00 $ 85.00
11 Special Event Deposit [4]
Special Event I deposit $ 500.00 $ 600.00
Special Event II $ 750.00 $ 900.00
Special Event III $ 1,000.00 $ 1,200.00
Park Use deposit $ 500.00 $ 600.00
12 Sound Amplification Permit per day $ 100.00 $ 120.00 13 Generator Use Fee (each) flat $ 60.00 $ 72.00
14 Tent/Canopy Fee flat $ 50.00 $ 60.00
15 Multiple Day Special Event [7] [8]
Day 2 flat $ 325.00 $ 390.00
Each Additional Day each $ 250.00 $ 300.00
16 Special Event Series (each) flat $ 475.00 $ 570.00
17 Bollard/Barricade Installation Fee
per bollard
segment $ 45.00 $ 54.00
18 Reserved Parking Closure Fee (Street Parking) flat $ 120.00 $ 144.00 19 Parking Lot Rental (entire City owned lot) flat $ 250.00 $ 300.00 20 Electrical Fee
Processing Fee Per Pedastal flat $ 88.00 $ 105.00
Twist lock rental (each) flat $ 55.00 $ 83.00
21 Cleaning Fee
Special Event flat $ 175.00 $ 210.00
Park Use flat $ 150.00 $ 180.00
Commercial Cleaning Fee flat $ 210.00 $ 210.00
22 Park Use Deposit deposit $ 200.00 $ 240.00
23 Alcohol Fee [6]
< 100 guests per event $ 316.00 $ 316.00
100+ guests per event $ 421.00 $ 421.00
Security Guard Fee [6] actual cost actual cost actual cost

Page 125 of 187 ends

Fee
Unit/Type

RESIDENT
Fee /
Deposit
Amount
NONRESIDENT Fee
/ Deposit
Amount

RECREATION
Fee Name
24 Parks & Events Staffing Fees (during event)
Lifeguards per hour $ 105.00 $ 105.00
Fire - Medical aid per hour $ 173.00 $ 173.00
Fire Marshal per hour $ 173.00 $ 173.00
Park Ranger per hour $ 105.00 $ 105.00
Tidelands/Public Works per hour $ 110.00 $ 110.00
Recreation Staff per hour $ 105.00 $ 105.00
25 Banner in Right-of-Way flat $ 25.00 $ 30.00
26 Light Pole Banner
First 2 flat $ 210.00 $ 252.00
Each Additional per hour $ 52.00 $ 62.00
Application fee flat $ 25.00 $ 30.00
27 Overnight Reservation Fee (Early Setup) flat $ 175.00 $ 210.00 28 Signage/Barricade Rental Fees (< 200 attendance) flat $ 150.00 $ 180.00 29 Race Fee flat $ 700.00 $ 840.00
30 Animal Fee flat $ 100.00 $ 120.00
B. Market Fees
31 Markets (Farmers/Artisan/Craft Market) Fees
Monthly Market Fee monthly $ 150.00 $ 180.00
Market Vendor Food Booth (day - does not include business license) day $ 15.00 $ 18.00 Market Vendor Sales Booth (day - does not include business license) day $ 10.00 $ 12.00 Market Vendor Non-Profit / Info Booth (day - does not include business license) day $ 5.00 $ 6.00 Deposit [4] day $ 500.00 $ 500.00
Market Business License Fee Annual (per booth) annual $ 39.00 $ 39.00 Market Business License Daily Fee (per booth) daily $ 6.00 $ 6.00 C. Facility Rental Fees
32 Dempsey Center (Government & Education)
During Work Hours - minimum of 2 hour rental
Meeting Room - First 2 hours flat $ 60.00 $ 72.00
Meeting Room - Each additional hour per hour $ 30.00 $ 36.00 After Work Hours - minimum of 4 hour rental
Meeting Room - First 4 hours flat $ 184.00 $ 221.00
Meeting Room - Each additional hour per hour $ 46.00 $ 55.00 Weekend Hours - minimum of 4 hour rental flat $ 240.00 $ 288.00 Meeting Room - Each additional hour per hour $ 60.00 $ 72.00

Page 126 of 187 ends

Fee
Unit/Type

RESIDENT
Fee /
Deposit
Amount
NONRESIDENT Fee
/ Deposit
Amount

RECREATION
Fee Name
33 Sports Park Community Center
During Work Hours - minimum of 2 hour rental
Meeting Room - First 2 hours flat $ 75.00 $ 90.00
Meeting Room with Kickenet - First 2 hours flat $ 85.00 $ 102.00 Full Court Sports Gym - First 2 hours flat $ 130.00 $ 156.00 Meeting Space / Assembly Gym - First 2 hours flat $ 75.00 $ 90.00 Outdoor Court - First 2 hours flat $ 40.00 $ 48.00
All Rooms - Each additional hour per hour $ 30.00 $ 36.00 After Work/Weekend Hours - minimum of 4 hour rental
Meeting Room - First 4 hours flat $ 125.00 $ 150.00
Meeting Room with Kickenet - First 4 hours flat $ 150.00 $ 180.00 Full Court Sports Gym - First 4 hours flat $ 260.00 $ 312.00 Meeting Space / Assembly Gym - First 4 hours flat $ 125.00 $ 150.00 Outdoor Court - First 4 hours flat $ 80.00 $ 96.00
All Rooms - Each additional hour per hour $ 60.00 $ 72.00 34 Community Room - City Hall Rentals (Government & Education) During Work Hours - minimum of 2 hour rental flat $ 60.00 $ 72.00 Each additional hour per hour $ 46.00 $ 55.00
After Work/Weekend Hours - minimum of 4 hour rental flat $ 72.00 $ 85.00 Each additional hour per hour $ 55.00 $ 66.00
Weekend Hours - minimum of 4 hour rental flat $ 240.00 $ 288.00 Meeting Room - Each additional hour per hour $ 60.00 $ 72.00 35 Senior Center
During Work Hours - minimum of 2 hour rental
Room #1 (Large Room & Kitchen) - First 2 hours flat $ 100.00 $ 120.00 Room #2 (No Kitchen) - First 2 hours flat $ 80.00 $ 96.00 Patio - First 2 hours flat $ 70.00 $ 84.00
All Rooms - Each additional hour per hour $ 35.00 $ 42.00 After Work/Weekend Hours - minimum of 4 hour rental
Room #1 (Large Room & Kitchen) - First 4 hours flat $ 150.00 $ 180.00 Room #2 (No Kitchen) - First 4 hours flat $ 125.00 $ 150.00 Patio - First 4 hours flat $ 120.00 $ 120.00
All Rooms - Each additional hour per hour $ 60.00 $ 60.00 36 Other Community Center
During Work Hours - minimum of 2 hour rental
Meeting Room
Meeting Room - First 2 hours flat $ 95.00 $ 114.00
Meeting Room 1 & 2 - First 2 hours flat $ 175.00 $ 210.00 Meeting Room 2 & 3 - First 2 hours flat $ 175.00 $ 210.00 All Meeting Rooms (1, 2 & 3) - First 2 hours flat $ 230.00 $ 276.00 Classrooms

Page 127 of 187 ends

Fee
Unit/Type

RESIDENT
Fee /
Deposit
Amount
NONRESIDENT Fee
/ Deposit
Amount

RECREATION
Fee Name
Classroom 1 - First 2 hours flat $ 95.00 $ 114.00
Classroom 2 - First 2 hours flat $ 95.00 $ 114.00
Outdoor Courtyard - First 2 hours flat $ 55.00 $ 66.00
All Rooms - Each additional hour per hour $ 45.00 $ 54.00 After Work/Weekend Hours - minimum of 4 hour rental
Meeting Room
Meeting Room - First 2 hours flat $ 145.00 $ 174.00
Meeting Room 1 & 2 - First 4 hours flat $ 225.00 $ 270.00 Meeting Room 2 & 3 - First 4 hours flat $ 225.00 $ 270.00 All Meeting Rooms (1, 2 & 3) - First 4 hours flat $ 280.00 $ 336.00 Classrooms
Classroom 1 - First 4 hours flat $ 145.00 $ 174.00
Classroom 2 - First 4 hours flat $ 145.00 $ 174.00
Outdoor Courtyard - First 4 hours flat $ 105.00 $ 126.00 All Rooms - Each additional hour per hour $ 90.00 $ 108.00 D. Facility Fees
37 Application (Processing) Fee flat $ 75.00 $ 90.00
Amendments to application flat $ 10.00 $ 10.00
38 Birthday Party Package
Weekday Packages per hour $ 150.00 $ 180.00
Weekend/Holidays/Evenings Packages per hour $ 225.00 $ 270.00 39 Annual Membership Card
Under 3 flat $ 5.00 $ 6.00
Youth 3-17 flat $ 10.00 $ 12.00
Adult 18-60 flat $ 15.00 $ 18.00
Senior (Over 50) flat $ 5.00 $ 6.00
Replacement Card flat $ 4.00 $ 4.00
40 Staffing Fees for Room Rentals and Special Event Assistance Park Rangers per hour $ 35.00 $ 42.00
Parks & Rec Staff per hour $ 35.00 $ 42.00
41 Damage Deposit [4] deposit $ 500.00 $ 600.00
42 Audio Visual Equipment flat $ 175.00 $ 210.00
43 Stage/Riser Fee flat $ 60.00 $ 72.00
44 Patio Heater Fee flat $ 40.00 $ 48.00
45 Dance Floor Rental Fee flat $ 80.00 $ 96.00

Page 128 of 187 ends

Fee
Unit/Type

RESIDENT
Fee /
Deposit
Amount
NONRESIDENT Fee
/ Deposit
Amount

RECREATION
Fee Name
E. Commercial Park & Beach Use Vendors Fees
46 Commercial Facility Use for Commercial Vendors [5]
Application (Processing) Fee flat $ 40.00 $ 50.00
Amendments to application flat $ 10.00 $ 10.00
City Park per hour $ 25.00 $ 35.00
One (1) Hour $ 25.00 $ 35.00
Two (2) Hours $ 50.00 $ 70.00
Three (3) Hours $ 75.00 $ 90.00
Four (4) Hours $ 100.00 $ 120.00
Pier Plaza / Beach per hour $ 35.00 $ 45.00
One (1) Hour $ 35.00 $ 45.00
Two (2) Hours $ 70.00 $ 90.00
Three (3) Hours $ 105.00 $ 135.00
Four (4) Hours $ 140.00 $ 180.00
F. Aquatics Joint Use
47 Swimming Fees
Day pass per session $ 15.00 $ 18.00
Senior/Youth per session $ 15.00 $ 18.00
Family Pass per session $ 44.00 $ 53.00
Month Pass per month $ 44.00 $ 53.00
Private Swim Lessons per session $ 130.00 $ 158.00
Group Swim Lessons (per lesson)
per
participant $ 130.00 $ 158.00
Aquatic Fitness Classes
per
participant $ 130.00 $ 158.00
Aquatic Classes
per
participant $ 130.00 $ 158.00
G. Field & Park
48 Other Fields, Parks, Beach Use Fees
Application (Processing) Fee flat $ 40.00 $ 50.00
Amendments to application flat $ 10.00 $ 10.00
Staffing Fees for Room Rentals and Special Event Assistance Park Rangers per hour $ 35.00 $ 42.00
Parks & Rec Staff per hour $ 35.00 $ 42.00
Softball Field per hour $ 40.00 $ 48.00
Little League Field per hour $ 20.00 $ 24.00
Skate Park per hour $ 105.00 $ 102.00

Page 129 of 187 ends

Fee
Unit/Type

RESIDENT
Fee /
Deposit
Amount
NONRESIDENT Fee
/ Deposit
Amount

RECREATION
Fee Name
49 Field Rental Fee Turf (Sports)
Weekday
Commercial
per hour -
min 3 hours $ 230.00 $ 276.00
Non-Commercial
per hour -
min 3 hours $ 105.00 $ 126.00
Weekend
Commercial
per hour -
min 4 hours $ 360.00 $ 432.00
Non-Commercial
per hour -
min 4 hours $ 150.00 $ 180.00
50 Field Rental Fee (Events)
Weekday
Commercial
per hour -
min 3 hours $ 230.00 $ 276.00
Non-Commercial
per hour -
min 3 hours $ 105.00 $ 180.00
Weekend
per hour -
min 4 hours
Commercial
per hour -
min 4 hours $ 360.00 $ 423.00
Non-Commercial
per hour -
min 4 hours $ 105.00 $ 126.00
51 Field Rental Fee Grass (Sports)
Weekday
Commercial
per hour -
min 3 hours $ 85.00 $ 102.00
Non-Commercial
per hour -
min 3 hours $ 65.00 $ 78.00
Weekend
Commercial
per hour -
min 4 hours $ 95.00 $ 114.00
Non-Commercial
per hour -
min 4 hours $ 75.00 $ 90.00
52 Field Lights
per hour -
min 3 hours $ 50.00 $ 60.00
H. Youth Field Fees
53 Multi-Purpose Soccer Field Use Fee
Weekday per hour
Youth Tournament (IB League 75% resident on team for resident status) $ 30.00 $ 36.00

Page 130 of 187 ends

Fee
Unit/Type

RESIDENT
Fee /
Deposit
Amount
NONRESIDENT Fee
/ Deposit
Amount

RECREATION
Fee Name
Youth League Play (IB League 75% resident on team for resident status) $ 25.00 $ 30.00 Youth League Practice (IB League 75% resident on team for resident status half field) $ 16.00 $ 19.00 Youth Non-Sport Activities (camps and etc.) $ 35.00 $ 42.00 Commercial $ 70.00 $ 85.00
Weekend per hour
Youth Tournament (IB League 75% resident on team for resident status) $ 36.00 $ 43.00 Youth League Play (IB League 75% resident on team for resident status) $ 30.00 $ 36.00 Youth League Practice (IB League 75% resident on team for resident status) $ 20.00 $ 24.00 Youth Non-Sport Activities (camps and etc.) $ 42.00 $ 50.00 Commercial $ 84.00 $ 100.00
Field Lights $ 15.00 $ 18.00
54 Natural Grass Field for Veterans Park
Weekday per hour
Youth League Play (IB League 75% resident on team for resident status) $ 15.00 $ 18.00 Youth League Practice (IB League 75% resident on team for resident status) $ 15.00 $ 18.00 Youth Non-Sport Activities (camps and etc.) $ 20.00 $ 24.00 Commercial $ 25.00 $ 30.00
Weekend per hour
Youth League Play (IB League 75% resident on team for resident status) $ 18.00 $ 21.00 Youth League Practice (IB League 75% resident on team for resident status) $ 18.00 $ 21.00 Youth Non-Sport Activities (camps and etc.) $ 24.00 $ 28.00 Commercial $ 65.00 $ 78.00
55 Softball Field / Little League Field
Weekday per hour
Youth Tournament (IB League 75% resident on team for resident status) $ 65.00 $ 78.00 Youth League Play (IB League 75% resident on team for resident status) $ 25.00 $ 30.00 Youth League Practice (IB League 75% resident on team for resident status half field) $ 16.00 $ 19.00 Youth Non-Sport Activities (camps and etc.) $ 35.00 $ 42.00 Commercial $ 50.00 $ 60.00
Weekend per hour
Youth Tournament (IB League 75% resident on team for resident status) $ 30.00 $ 36.00 Youth League Play (IB League 75% resident on team for resident status) $ 30.00 $ 36.00 Youth League Practice (IB League 75% resident on team for resident status) $ 20.00 $ 24.00 Youth Non-Sport Activities (camps and etc.) $ 42.00 $ 50.00 Commercial $ 60.00 $ 10.00
Field Lights $ 15.00 $ 18.00
I. Community Garden
56 Community Garden Plot Fee (annual) flat $ 350.00 $ 420.00 J. Other Fees

Page 131 of 187 ends

Fee
Unit/Type

RESIDENT
Fee /
Deposit
Amount
NONRESIDENT Fee
/ Deposit
Amount

RECREATION
Fee Name
57 Beach Cleanup (Application Processing Fee) flat $ 25.00 $ 30.00 Amendments to application flat $ 5.00 $ 5.00
58 BBQ Rental (Under 25 attendees) per hour $ 25.00 $ 30.00 59 Food Trucks/Food Vendor Fee per hour $ 50.00 $ 60.00 60 Game Trucks Fee per hour $ 50.00 $ 60.00
61 Fitness Center
Monthly per hour $ 25.00 $ 30.00
Daily Drop-In per day $ 5.00 $ 6.00
62 Recreation Class/Camp Fees
Classes
Programs
Camps
63 For services requested of City staff which have no fee listed in this fee schedule During Business Hours per hour $ 105.00
After Business Hours per hour $ 121.00
[1] Additional fees from other City departments may apply [2] Includes sales tax; Employees will receive discount [3] Processing fee only. Additional charges for time on site will apply. [4] Set by City Policy. NBS did not evaluate.
[5] Fees for Commercial Vendor to teach classes/programs/activities in beach/park spaces. [6] Service provided by third party consultant
[7] In addition to Special Event application fee
[8] Additional fees apply to Commercial Vendors
Notes
e Based on Actual Cost and Number of Participan
e Based on Actual Cost and Number of Participan
e Based on Actual Cost and Number of Participan

Page 132 of 187 ends

P a g e | 1
March 6, 2024
ITEM TITLE: RESOLUTION NO. 2024-014 AUTHORIZING THE CITY MANAGER TO ENTER

INTO AN AGREEMENT WITH THE SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT FOR AIR MONITORING SENSORS. (0230-10)
ORIGINATING DEPARTMENT:

City Manager
EXECUTIVE SUMMARY:

The San Diego County Air Pollution Control District (SDAPCD) is a government agency that strives to reduce air pollution within San Diego County. Their mission is to improve air quality to protect public health and the environment. Currently, SDAPCD has an agreement with the City of San Diego to place six sensors located at their San Ysidro Fire Station. The sensors monitor the air in the area as it relates to the cross-border pollution in the Tijuana River such as hydrogen sulfide. The sensors also collect data on other chemicals as well as some meteorological data.

City staff met with SDAPCD and there is interest from both parties to enter into an agreement to have air monitoring equipment installed in Imperial Beach. Resolution No. 2024-014 would authorize the City Manager or designee to execute an agreement with SDAPCD to install monitoring sensors and supporting equipment.

RECOMMENDATION:

OPTIONS:
 Approve Resolution No. 2024-014
 Request additional information and return to a future City Council meeting  Provide direction to the City Manager
BACKGROUND/ANALYSIS:

The San Diego County Air Pollution Control District (SDAPCD) is a government agency that strives to reduce air pollution within San Diego County. Their mission is to improve air quality to protect public health and the environment. SDAPCD monitors air quality to assess how the region compares with established state and federal standards, designed to protect public health and the environment.  Air pollution can create short and long-term health effects, for this reason clean air is important to everyone's quality of life.

The SDAPCD is installing AQMesh sensors near the Tijuana River Valley and in the surrounding communities after hearing concerns from nearby residents regarding odor impacts from sewage spills into the Tijuana River. The wireless sensors measure air quality by quantifying the levels of various compounds that are being emitted into the ambient air. The sensors will measure

Page 133 of 187 ends

P a g e | 2
hydrogen sulfide (H2S), sulfur dioxide (SO2), total volatile organic compounds (TVOCs), carbon monoxide (CO), and nitrogen dioxide (NO2). All these compounds contribute to poor air quality.

However, the gasses that are of most concern in the Tijuana River Valley are sulfur dioxide and hydrogen sulfide, with hydrogen sulfide being the main culprit that causes the pungent odor associated with sewage and wastewater. The SDAPCD will track and make available to the public the data that is collected with these sensors as well as with other government agencies.

City staff met with SDAPCD and there is interest from both parties to enter into an agreement to have similar air monitoring equipment installed on City of Imperial Beach owned buildings. Both parties coordinated a site visit and identified the City’s fire department roof top as the area to install the equipment. Through the approval of Resolution No. 2024-014, the City Council authorizes the City Manager or designee to execute an agreement with SDAPCD to install monitoring sensors and supporting equipment, including a tripod for mounting and a solar panel.

The equipment will be free of nuisance and noise disturbances. SDAPCD will be responsible for the maintenance, cleanup, and ensure security and safety of the area where the equipment will be installed. Upon reasonable notice, SDAPCD staff will be able to access the equipment in the roof top to inspect and maintain.

The proposed term of the agreement is for five (5) years with a ninety (90) day termination written notice. A copy of the draft agreement has been made available under attachment 2.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT: None.

ATTACHMENTS:

ATT 1 – Resolution No. 2024-014
ATT 2 – Draft Agreement

Page 134 of 187 ends

ATTACHMENT 1
RESOLUTION NO. 2024-014

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE SAN

DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT FOR AIR MONITORING SENSORS WHEREAS, the San Diego County Air Pollution Control District (SDAPCD) is a government agency that strives to reduce air pollution within San Diego County; and WHEREAS, SDAPCD monitors air quality to assess how the region compares with established state and federal standards, designed to protect public health and the environment; and
WHEREAS, the SDAPCD is installing AQMesh sensors near the Tijuana River Valley and in the surrounding communities after hearing concerns from nearby residents regarding odor impacts from sewage spills into the Tijuana River; and
WHEREAS, SDAPCD and the City have an interest in installing similar sensors on City of Imperial Beach owned buildings.

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

1. The foregoing recitals are true and correct.

2. The City Council of the City of Imperial Beach hereby authorizes the City Manager or designee to execute a five-year agreement with the San Diego County Air Pollution Control District to install air monitoring sensors on the roof top of the City’s fire department.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 6th day of March 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

Page 135 of 187 ends

Attachment 2
1 CITY OF IMPERIAL BEACH

USE AND OCCUPANCY PERMIT
THIS CITY OF IMPERIAL BEACH USE AND OCCUPANCY PERMIT ("Permit") is entered into by and between THE CITY OF IMPERIAL BEACH, a California municipal corporation ("CITY"), and SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT, a county air pollution control district continued in existence pursuant to Health and Safety Code Section 40000, et seq. ("PERMITTEE"), to be effective the first day of the following month as of the date the Permit is signed by the parties and approved by the San Diego City Attorney (the "Effective Date").

RECITALS
A. CITY is the owner of real property located at 865 Imperial Beach Blvd, Imperial Beach, CA 91932 (the "Property"), and more particularly depicted by the green outlined area on Exhibit A: Property & Permit Area, attached hereto.

B. PERMITTEE wishes to enter upon and use a portion of the Property to accommodate air monitoring sensors and supporting equipment, including a tripod for mounting and a solar panel, which will be located on the roof of the Property (the "Permit Area") labelled as "PROP APCD AREA"' on Exhibit A: Property & Permit Area, attached hereto.

NOW THEREFORE, based upon the forgoing Recitals, which are incorporated into this Permit by this reference, and for valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows:

1. Right to Enter. Subject to the terms and conditions of this Permit, CITY hereby grants permission to PERMITTEE to enter upon and occupy the Permit Area solely for the Permitted Use, defined below.

2. Revocable License. This Permit is not a lease. It is a non-exclusive license to access and use the Permit Area for the purposes stated herein and may be revoked at will by CITY pursuant to requirements of Paragraph 38, in its sole discretion. CITY shall not be obligated for any loss, financial or otherwise, which may be incurred by PERMITTEE as a result of such revocation or the termination of this Permit. PERMITTEE expressly waives any claim for expense or loss which PERMITTEE might incur as a result of CITY' S revocation or termination of this Permit. CITY may at all times enter upon the Permit Area.

3. Term. The term of this Permit ("Term") shall be five years (5), commencing on the Effective Date.

4. Permit Fee. PERMITTEE shall pay CITY a one-time, non-refundable permit processing fee in the amount of X Dollars ($ X) payable to City Treasurer.

Page 136 of 187 ends

Attachment 2
2 5. Holdover. Any hold over by PERMITTEE after the expiration or earlier termination of this Pemit shall not be considered a renewal or extension of this Pemit, nor give PERMITTEE any rights in or to the Permit Area. The occupancy of the Permit Area after the expiration or earlier termination of this Permit shall constitute a month-to-month at will revocable license, and all other terms and conditions of this Permit shall continue in full force and effect, except that PERMITTEE shall then pay to CITY fair market rent as determined by CITY.

6. Use of Permit Area. PERMITTEE may utilize the Property only for ingress and egress to the Permit Area, which PERMITTEE shall coordinate with CITY. PERMITTEE may use and control access to the Permit Area for placement and maintenance of air quality monitoring equipment (referred to hereinafter as the "Permitted Use"). Air monitoring equipment will include a tripod for mounting, up to two sensor housing units, up to two wind speed and direction sensors, and one solar panel, which will be operated on the Permit Area. PERMITTEE shall install the appropriate fall protection system on the rooftop prior to installing the air quality equipment.

PERMITTEE shall have access to the Permit Area during normal business hours, i.e.

Monday-Friday from 5 am to 5 pm, subject to the following conditions:
a. PERMITTEE shall provide a list of all personnel who will be accessing the Permit Area, which PERMITTEE shall update as necessary.
b. All PERMITTEE personnel shall wear visible identification while on the Property.

C. PERMITTEE shall have access to the Permit Area outside of normal business hours (Monday through Friday, 5:00 a.m. to 5:00 p.m.) for emergencies or suspected emergencies only and shall coordinate emergency building access with the CITY. d. PERMITTEE shall perform all routine maintenance in the Permit Area during normal business hours (Monday through Friday, 5:00 a.m. to 5:00 p.m.).

7. Superior Interests. This Permit is subject to all liens, encumbrances, covenants, conditions, restrictions, reservations, contracts, permits and licenses, easements, and rights of way pertaining to the Property, whether or not of record. PERMITTEE shall obtain all licenses, permits, and agreements from such third parties as may be or become necessary or reasonably advisable to allow its use of the Permit Area for the Permitted Use, relative to any such superior interest. If PERMITTEE's use of the Permit Area is or becomes inconsistent or incompatible with a preexisting, superior interest, PERMITTEE shall take such actions and pay all costs and expenses necessary to remove such inconsistency or incompatibility to the satisfaction of the holder of the superior interest.

8. Restoration of the Permit Area. Upon thirty (30) days after the expiration or earlier termination of this Permit, PERMITTEE shall restore the Permit Area to the same condition as existed immediately prior to the Term's commencement, subject to the satisfaction of the City.

Page 137 of 187 ends

Attachment 2
3 9. CITY's Consent, Discretion. CITY's consent or approval under this Permit shall mean the written consent or approval of the City Manager of Imperial Beach or his or her designee ("City Manager"), unless otherwise required by law or expressly provided herein, and shall be made in the City Manager's discretion, subject to all applicable laws, rules, regulations, and directives of competent governmental authorities.

10. Unauthorized Activities. PERMITTEE shall not engage in any activity on the Property other than the Permitted Use. Any use of the Property that was not previously approved in writing by the CITY or otherwise authorized by this Permit, shall subject PERMITTEE to being liable for all costs and damages associated with inspecting, remediating, and/or taking other actions to ensure that the Property and the Permit Area shall be returned to its condition on the Effective Date, at PERMITTEE's sole cost and expense and subject to the CITY's satisfaction, as well as being a basis for immediate termination of this Permit, all of which shall be subject to the sole discretion of the CITY.

11. Improvements/A1terations. PERMITTEE shall not construct any improvements, structures, or installations on the Permit Area, and shall not alter the Permit Area except as otherwise permitted hereunder. Except as required by law, CITY shall not be obligated to make any repair or assume any expense for any improvements or alterations to the Permit Area.

12. Insurance. PERMITTEE shall not enter or come onto the Property, nor begin any use of the Property under this Permit until it has done all of the following: (a) obtained, and provided to the CITY, insurance certificates reflecting evidence of all insurance required below, however, the CITY reserves the right to request, and the PERMITTEE shall submit, copies of any policy upon reasonable request by the CITY; (b) obtained CITY approval of each insurance company or companies; and (c) confirmed that all policies contain the specific provisions required below. PERMITTEE's liabilities, including but not limited to PERMITTEE's indemnity obligations, under this Permit, shall not be deemed limited in any way to the insurance coverage required herein. Except as provided for under California law, all policies of insurance required hereunder must provide that CITY is entitled to thirty (30) days prior written notice (10 days for cancellation due to non-payment of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Permit and PERMITTEE's failure to maintain or renew coverage or to provide evidence of renewal during the term of this Permit may be treated as a material breach of contract by the CITY. The PERMITTEE shall not modify any policy or endorsement thereto which increases the CITY's exposure to loss for the duration of this Permit.

12.1 Types of Insurance. At all times during the term of this Permit, the PERMITTEE shall maintain insurance coverage as follows:
a. Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or an equivalent form providing coverage at least as broad which shall cover liability arising from any and all personal

Page 138 of 187 ends

Attachment 2
4 injury or property damage in the amount of $2 million per occurrence and subject to an annual aggregate of $4 million. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
b. Commercial Automobile Liability. For all of the PERMITTEE's automobiles including owned, hired, and non-owned automobiles, the PERMITTEE shall keep in full force and effect, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $1 million per occurrence.

Insurance certificate shall reflect coverage for any automobile (any auto). c. Causes of Loss-Special Form Property Insurance. PERMITTEE shall obtain and maintain, at its sole cost, Causes of Loss-Special Form Property Insurance on all of PERMITTEE's insurable property related to the Permitted Use of the Permit Area under this Permit or the Permit Area in an amount to cover 100 percent (100%) of the replacement cost. PERMITTEE shall deliver a certificate of such insurance to the CITY' s Real Estate Assets Department.
d. Workers' Compensation. For all of the PERMITTEE's employees who are subject to this Permit and to the extent required by the applicable state or federal law, the PERMITTEE shall keep in full force and effect, a Workers' Compensation policy. That policy shall provide a minimum of $1 million of employer's liability coverage, and the PERMITTEE shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents, and representatives.

12.1.2 Deductibles. All deductibles on any policy shall be the responsibility of the PERMITTEE and shall be disclosed to the CITY at the time the evidence of insurance is provided.

12.1.3 Acceptability of Insurers. Except for the State Compensation Insurance Fund, all insurance required by this Permit shall only be carried by insurance companies with a rating of at least "A-, VI" by A.M. Best Company, that are authorized by the California Insurance Commissioner to do business in the State of California, and that have been approved by the CITY. The CITY will accept insurance provided by non-admitted, “surplus lines” carriers on if the carrier is authorized to do business in the State of California and is included on the list of Eligible Surplus Lines Insurers (LESLI list). All policies of insurance carried by non-admitted carriers are subject to all of the requirements for policies of insurance provided by admitted carriers described herein.

Page 139 of 187 ends

Attachment 2
5 12.1.4 Modification. To assure protection from and against the kind and extent of risk existing with the Permitted Use, CITY, at its reasonable discretion, may require the revision of amounts and coverage at any time by giving PERMITTEE thirty (30) days prior written notice. PERMITTEE shall also obtain any additional insurance required by CITY for new improvements, changed circumstances, or CITY's reasonable re-evaluation of risk levels related to the Permitted Use.

12.1.5 Accident Reports. PERMITTEE shall immediately report to CITY any accident causing property damage or injury to persons on the Property or otherwise related to the Permitted Uses. Such report shall contain the names and addresses of the involved parties, a statement of the circumstances, the date and hour of the accident, the names and addresses of any witnesses, photos or video, if any, and other pertinent information.

12.1.6 Severability of Interest. Each policy (except Workers' Compensation and Employers Liability) shall provide that PERMITTEE'S insurance shall apply separately to each insured against whom claim is made or suit is bought, except with respect to the limits of the insurer's liability and shall provide cross-liability coverage.

12.1.7 Continuity of Coverage. All policies shall be in effect on or before the first day of the Term, except "course of construction fire insurance" shall be in force on commencement of all authorized construction, and full applicable fire insurance coverage shall be effective upon completion of each insurable improvement. The policies shall be kept in force for the duration of the Term. At least thirty (30) days prior to the expiration of each insurance policy, PERMITTEE shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the requirements of this Permit. PERMITTEE shall provide proof of continuing insurance at least annually during the Term. If insurance lapses or is discontinued for any reason, PERMITTEE shall immediately notify CITY and obtain replacement insurance as soon as possible.

12.1.8 Required Endorsements. The following endorsements to the policies of insurance are required to be provided to the CITY before entering onto the Property or initiating any of the Permitted Use under this Permit.

Commercial General Liability Insurance Endorsements.
i. Additional Insured. To the fullest extent allowed by law including but not limited to California Insurance Code Section 11580.04, the policy or policies must be endorsed to include as an Insured the City of Imperial Beach and its respective elected officials, officers, employees, agents, and representatives with respect to liability arising out of (a) ongoing operations performed by PERMITTEE or on PERMITTEE's behalf, (b) PERMITTEE's products, (c) PERMITTEE's work, including but not limited to PERMITTEE's completed

Page 140 of 187 ends

Attachment 2
6 operations performed by PERMITTEE or on PERMITTEE's behalf, or (d) premises owned, leased, controlled or used by PERMITTEE. ii. Primary and Non-Contributory Coverage, The policy or policies must be endorsed to provide that the insurance afforded by the Commercial General Liability policy or policies is primary to any insurance or self-insurance of the City of Imperial Beach and its elected officials, officers, employees, agents, and representatives as respects operations of the Named Insured. Any insurance maintained by the City of Imperial Beach and its elected officials, officers, employees, agents, and representatives shall be in excess of PERMITTEE's insurance and shall not contribute to it.
iii. Severability of Interest. The policy or policies must be endorsed to provide that the PERMITTEE's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability and shall provide cross-liability coverage.

Automobile Liability Insurance Endorsements.
iv. Additional Insured. To the fullest extent allowed by law including but not limited to California Insurance Code Section 11580.04, the policy or policies must be endorsed to include as an insured the City of Imperial Beach and its respective elected officials, officers, employees, agents, and representatives with respect to liability arising out of automobile owned, leased, hired, or borrowed by or on behalf of the PERMITTEE.
v. Severability of Interest. The policy or policies must be endorsed to provide that PERMITTEE’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability and shall provide cross-liability coverage.

Worker’s Compensation Insurance Endorsements
vi. Waiver of Subrogation. The Worker’s Compensation policy or policies must be endorsed to provide that the insurer will waive all rights of subrogation against the CITY and its respective elected officials, officers, employees, agents, and representatives for losses paid under the terms of this policy or these policies which arise from work performed by the Named Insured for the CITY.

12.2 PERMITTEE shall have the right to self-insure with respect to any of the insurance required in this section, PERMITTEE shall provide to CITY evidence of selfinsurance satisfying the requirements in this section and indicating PERMITTEE's self-insured status. Insurance or equivalent risk management

Page 141 of 187 ends

Attachment 2
7 covered by a joint powers' insurance authority may also satisfy the provisions of this section.

13. Indemnification. PERMITTEE shall protect, defend, indemnify, and hold CITY, its elected officials, officers, representatives, agents, and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to PERMITTEE's officers, employees, agents, contractors, invitees and guests, which arise out of or are in any manner directly or indirectly connected with this Permit or PERMITTEE's occupancy, use, development, maintenance, or restoration of the Permit Area, including damages arising out of release of hazardous materials, and all expenses of investigating and defending against same, including without limitation reasonable attorney fees and costs; provided, however, that PERMITTEE's duty to indemnify and hold harmless shall not include any established liability arising from the sole negligence or willful misconduct of CITY, its elected officials, officers, representatives, agents, and employees. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, PERMITTEE shall pay all reasonable costs related thereto, including without limitation reasonable attorney fees and costs.

14. Subcontractors' Insurance and Indemnification of CITY. Unless PERMITTEE's insurance covers work performed by all of PERMITTEE's subcontractors working on or in the Permit Area, PERMITTEE shall require PERMITTEE's subcontractors to indemnify the CITY and to maintain insurance coverage to the same extent that PERMITTEE is required to indemnify the CITY and maintain insurance coverage pursuant to Sections 12 and 13 herein, including all obligations to provide documentation and all of the endorsements set forth in Section 12, including naming the City of Imperial Beach and its respective elected officials, officers, employees, agents, and representatives as an Additional Insured in each insurance policy.

15. No Discrimination. PERMITTEE shall not discriminate in any manner against any person or persons on account of race, color, religion, gender, gender identity, gender expression, sexual orientation, medical status, national origin, age, marital status, or physical disability in PERMITTEE'S use of the Permit Area, including but not limited to the providing of goods, services, facilities, privileges, advantages, and accommodations, and the obtaining and holding of employment.

16. PERMITTEE's Risk. PERMITTEE shall bear all risks and liability out of or in any manner directly or indirectly connected with the Permitted Use and any damages to the improvements on, under, or in the vicinity of the Permit Area resulting directly or indirectly thereby.

17. Nuisance and Noise Disturbances. PERMITTEE shall not use the Permit Area in any manner which, in the opinion of the CITY creates a nuisance or disturbs the quiet

Page 142 of 187 ends

Attachment 2
8 enjoyment of persons in the surrounding area or that violates the CITY's Municipal Code (Chapter 9.32of the Imperial Beach Municipal Code, as amended from time to time).

18. No Assignment. PERMITTEE shall not assign or sublicense any rights granted by this Permit nor any interest therein without the prior written approval of the CITY. Approval of any such proposed assignment may be withheld at the sole and absolute discretion of the CITY. Any assignment by operation of law shall automatically terminate this Permit.

19. Signs. PERMITTEE shall not erect or display any banners, pennants, flags, posters, signs, decorations, marquees, awnings, or similar devices or advertising in the Permit Area without CITY's prior written consent. If any such unauthorized item is found on the Permit Area, PERMITTEE shall remove the item at its expense within twenty-four (24) hours after notice by CITY, or CITY may thereafter summarily remove the item at PERMITTEE's cost.

20. Security and Safety of Permit Area. PERMITTEE shall bear sole responsibility for the security and safety of the Permit Area during the Term relating to any work performed as authorized by this Permit or under the direction of PERMITTEE. PERMITTEE shall be responsible for the maintenance, cleanup, and securing of the Permit Area, as appropriate, immediately following each day's work to ensure security and safety.

PERMITTEE shall comply with all applicable laws, rules, regulations, and directives of competent governmental authorities, at PERMITTEE's sole cost and expense, with respect to maintaining the Permit Area in a safe and secure manner during the Term.

CITY has no obligation to provide oversight of the Permitted Use or staffing -or resources for the maintenance of the Permit Area during the Term.

21. Maintenance of Permit Area. PERMITTEE shall, at PERMITTEE's sole cost and expense, maintain the Permit Area and all improvements, fixtures, structures, or installations thereon in a decent, safe, healthy, and sanitary condition reasonably satisfactory to CITY. PERMITTEE shall keep the Permit Area free and clear of rubbish, debris, litter, weeds, and brush to CITY's reasonable satisfaction. CITY shall have no obligation or responsibility to remove debris, or to construct, maintain, repair, or replace improvements, fixtures, structures, or installations on the Permit Area.

22. Entry and Inspection. CITY, upon reasonable notice to PERMITTEE, may enter upon the Permit Area to inspect and maintain the Permit Area as CITY deems necessary.

23. Encumbrances. PERMITTEE shall keep the Permit Area free from all encumbrances and liens of any nature which arise out of or are in any manner directly or indirectly connected with this Permit or the Permitted Use. PERMITTEE shall protect, defend, indemnify, and hold CITY harmless from and against any and all such encumbrances and/or liens, and from and against any claim, liability, cost, or expense, including without limitation reasonable attorney fees and costs, relating to or charged against the Permit Area, including without limitation PERMITTEE'S failure or the failure of any

Page 143 of 187 ends

Attachment 2
9 contractor or subcontractor hired by PERMITTEE to pay any person or persons entitled to lien or encumber the Permit Area pursuant to the California Civil Code.

24. Compliance with Laws. PERMITTEE shall, at all times in its use, occupancy, and maintenance of the Permit Area, at its sole cost and expense, comply with all the requirements of all rules, regulations, ordinances, laws, and direction of competent governing authorities now in effect or which may hereafter be in effect, which pertain to the Permitted Use.

25. Hazardous Materials. PERMITTEE shall not allow the illegal installation, storage, utilization, generation, sale, or release of any Hazardous Substance or otherwise regulated substances in, on, under, or from the Permit Area. PERMITTEE and PERMITTEE's agents and contractors shall not install, store, utilize, generate or sell any Hazardous Substance on the Permit Area without CITY's prior written consent.

PERMITTEE shall, prior to initiating any operations, obtain all required permits from applicable regulatory agencies, including without limitation the San Diego County Department of Environmental Health, local fire agencies, the San Diego County Department of Weights and Measures, the San Diego County Air Pollution Control District, and the San Diego Regional Water Quality Control Board. Installing, utilizing, storing, or any other presence of a Hazardous Substance includes boxes, bags, bottles, drums, cylinders, above or below ground tanks, equipment with tanks, or any other type of container, equipment, or device which holds or incorporates a Hazardous Substance or hazardous waste.

25.1 Release. For all purposes of this Permit, a "release" shall include without limitation any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or otherwise disposing of a Hazardous Substance.

25.2 Hazardous Substance. For all purposes of this Permit, "Hazardous Substance" shall mean any substance listed by the Environmental Protection Agency or the State of California as a hazardous substance, and all types of petroleum-related substances and their chemical constituents.

25.3 Remediation. If PERMITTEE's occupancy, use, development, maintenance, or restoration of the Permit Area results in a release of a Hazardous Substance, PERMITTEE shall pay all costs of remediation and removal to the CITY's satisfaction for unrestricted reuse of the Permit Area, and in accordance with all applicable laws, rules, and regulations of governmental authorities.

25.4 Removal. If PERMITTEE or PERMITTEE's agent has received approval and permits to store, utilize, generate, or install, or otherwise bring Hazardous Substances to the Permit Area, PERMITTEE or PERMITTEE's contractor or agent shall remove all Hazardous Substances in any type of container, equipment or device from the Permit Area immediately upon or prior to the expiration or earlier termination of this Permit. CITY reserves the right to conduct inspections

Page 144 of 187 ends

Attachment 2
10 of the Permit Area and/or request documentation demonstrating the legal removal and/or disposal of the hazardous materials, wastes or other containers, equipment, or devices from the Permit Area, PERMITTEE shall be responsible for any and all costs incurred by CITY to remove any container, equipment, or device requiring disposal or removal as required by this provision.

25.5 Indemnity. PERMITTEE shall protect, defend, indemnify, and hold CITY harmless from any and all claims, costs, and expenses related to environmental liabilities resulting from PERMITTEE's occupancy, use, development, maintenance, or restoration of the Permit Area, including without limitation: (i) costs of environmental assessments; (ii) costs of regulatory remediation oversight; (iii) costs of remediation and removal; (iv) any necessary CITY response costs; (v) all fines, penalties or fees assessed by any regulatory agency; (vi) damages for injury to natural resources, PERMITTEE's officers, employees, invitees, guests, agents or contractors, or the public; and (vii) all costs of any health assessments or health effect studies.

25.6 Notice of Release. If PERMITTEE knows or has reasonable cause to believe that a Hazardous Substance has been released on, from or beneath the Permit Area, PERMITTEE shall immediately notify CITY and any appropriate regulatory or reporting agency pursuant to California Code of Regulations Title 19 and any other applicable laws or regulations. PERMITTEE shall deliver a written report thereof to CITY within three (3) days after receipt of the knowledge or cause for belief and submit any required written reports to regulatory or reporting agencies as required by regulation or law. If PERMITTEE knows or has reasonable cause to believe that such substance is an imminent release or is an imminent substantial danger to public health and safety, PERMITTEE shall take all actions necessary to alleviate the danger. PERMITTEE shall immediately notify CITY in writing of any violation, notice to comply, or notice of violation received or the initiation of environmental actions or private suits related to the Permit Area.

25.7 Environmental Assessment. Upon reasonable cause to believe that PERMITTEE's occupancy, use, development, maintenance, or restoration of the Permit Area resulted in any Hazardous Substance being released on, from or beneath the Permit Area, CITY may cause an environmental assessment under regulatory oversight of the suspect area to be performed by a professional environmental consultant registered with the State of California as a Professional Engineer, Certified Engineering Geologist, or Registered Civil Engineer. The environmental assessment shall be obtained at PERMITTEE's sole cost and expense, and shall establish what, if any, Hazardous Substances have more likely than not been caused by PERMITTEE's occupancy, use, development, maintenance, or restoration of the Permit Area, and in what quantities. If any such Hazardous Substances exist in quantities greater than allowed by CITY, county, state, or federal laws, statutes, ordinances or regulations, or require future restricted re-use of the Permit Area, then the environmental assessment shall include a discussion of such substances with recommendations for remediation and removal necessary

Page 145 of 187 ends

Attachment 2
11 to effect unrestricted re-use and in compliance with those laws or statutes, and estimates of the cost of such remediation or removal. PERMITTEE shall cause, or if PERMITTEE fails to do so within a reasonable period of time, as determined by CITY in its sole discretion, then CITY may cause, the remediation and/or removal recommended in the environmental assessment such that unrestricted reuse of the Permit Area and compliance with environmental laws and regulations are achieved, and PERMITTEE shall pay all costs and expenses therefor.

26. Repair. PERMITTEE shall be responsible, at its sole cost and expense, for the repair or replacement of any damage to the Property caused directly or indirectly by PERMITTEE's use of the Property, including items that CITY staff has determined to be damaged. PERMITTEE shall comply with the direction of with respect to the method of any repairs or replacement arising under this Permit.

27. Vehicular Traffic. All vehicular traffic shall be confined to concrete, asphalt or decomposed aggregate surfaces unless otherwise approved in writing by CITY prior to the commencement of the Permit.

28. Utilities. PERMITTEE shall order, obtain, and pay for all utilities and service charges in connection with its use of the Permit Area.

29. Liability for Loss, Injury or Damage. In addition to any other assumption of liability set forth herein, and excluding any loss or damage to the extent resulting from the CITY's sole negligence or willful misconduct, PERMITTEE agrees that it assumes the sole risk and responsibility for any damage, destruction or theft of PERMITTEE' s equipment, materials, or personal property placed on the Permit Area and for any injury to persons which occurs on the Permit Area as a result of the Permitted Use.

30. Subcontractors. PERMITTEE shall provide a list of any and all contractors and subcontractors to CITY, including name, address, email, facsimile and phone number.

All construction work requiring a licensed contractor pursuant to the Contractors' State Licensing Laws (California Business & Professions Code sections 7000-7191) shall be done by contractors licensed within the State of California.

31. Storm Water Pollution Prevention Program: PERMITTEE shall comply with the CITY's Storm Water Management and Discharge Control requirements and any and all applicable Minimum Best Management Practice requirements, as required by CITY in performing or delivering services at City owned, leased, or managed property, or in performance of services and activities on behalf of CITY regardless of location.

PERMITTEE shall comply with the CITY's Jurisdictional Runoff Management Plan encompassing Citywide programs and activities designed to prevent and reduce storm water pollution within CITY boundaries as adopted by the CITY.

Page 146 of 187 ends

Attachment 2
12 PERMITTEE shall comply with each CITY facility or work site's Storm Water Pollution Prevention Plan, as applicable, and institute all controls needed while completing the services to minimize any negative impact to the storm water collection system and environment.

32. Prevailing Wages. PERMITTEE acknowledges that PERMITTEE is the awarding body pursuant to California Labor Code section 1722, for any contracts related to PERMITTEE's use of the Permit Area that may require the payment of prevailing wages pursuant to State law. PERMITTEE agrees to comply with all laws related to the payment of prevailing wages on public works contracts, including without limitation the requirements contained in California Labor Code sections 1720-1861.

PERMITTEE shall deliver to City, upon request, evidence of compliance with the State prevailing wage laws in form and content reasonably satisfactory to CITY.

33. Grading and Barriers. PERMITTEE shall not change the surface grade or construct any permanent barriers within the Permit Area. Any violations shall be corrected by PERMITTEE at its sole expense to the satisfaction of the CITY and are grounds, at the CITY's option, for immediate termination of this Permit.

34. Waiver. CITY'S failure to insist upon the strict performance of any of PERMITTEE'S obligations under this Permit, in one or more instance, shall not be construed as a waiver of any such obligation, and the same shall remain in full force and effect. The property constituting the Permit Area is CITY-owned and held in trust for the benefit of CITY'S citizens. CITY's waiver of a default shall not be a waiver of any other default. Any waiver of a default must be in a writing executed by CITY to constitute a valid and binding waiver. CITY's delay or failure to exercise a right or seek a remedy shall not be deemed a waiver of that or any other right or remedy under this Permit, at law, or in equity. The exercise of any particular right or the use of any particular remedy for any default shall not waive the use of any other right or remedy for the same default or for another or later default. CITY' S failure to discover a breach of any obligation of this Permit or take prompt action to require the cure of any such breach shall not result in an equitable estoppel, but CITY may at any and all times require the cure of any such breach.

35. Acceptance of Permit Area. By signing this Permit, PERMITTEE represents and warrants that it has independently inspected the Permit Area and made all tests, investigations, and observations necessary to satisfy itself as to the condition of the Permit Area. PERMITTEE further represents and warrants that it is not relying on any representation by CITY as to the condition of the Permit Area or its suitability for the Permitted Use, and that PERMITTEE is relying solely on its own and independent inspections, tests, investigations, and observations of the Permit Area in entering into this Permit. PERMITTEE accepts the Permit Area in its current condition.

PERMITTEE acknowledges and agrees that unless set forth in this Permit, CITY has no obligation to improve, modify, repair, replace, alter, secure, or otherwise develop the Permit Area at any time either prior to, on or after the Effective Date. PERMITTEE shall not hold CITY responsible for any defects in the Permit Area. PERMITTEE

Page 147 of 187 ends

Attachment 2
13 accepts and assumes all risk of harm to all persons and property from any defects in the Permit Area or any improvements thereon and shall be solely responsible therefor.

36. No Affiliation. Nothing contained in this Permit shall be deemed or construed to create a partnership, joint venture, or other affiliation between CITY and PERMITTEE or between
CITY and any other entity or party, or cause CITY to be responsible in any way for the debts or obligations of PERMITTEE or any other party or entity.

37. Termination. CITY may terminate this Permit for any reason upon ninety (90) days prior written notice delivered to PERMITTEE by CITY; however, in the event of a default or emergency during which the CITY in its sole discretion determines it necessary to terminate the Permit, termination may occur upon 24 hours prior written notice. PERMITTEE may terminate this Permit for any reason upon ninety (90) days prior written notice delivered to CITY by PERMITTEE.

38. PERMITTEE's Waiver. PERMITTEE expressly waives any claim against CITY and its elected officials, officers, employees, representatives, and agents for any burden, expense, or loss which PERMITTEE incurs as a result of CITY's revocation or termination of this Permit.

39. California Public Records Act. CITY shall determine, in its sole discretion, whether this Permit or information provided to CITY by PERMITTEE pursuant to this Permit is or is not a public record subject to disclosure under the California Public Records Act ("CPRA"). PERMITTEE shall hold CITY, its elected officials, officers, employees, agents, and representatives harmless for CITY's disclosure of any such information in response to a request for information under the CPRA.

39.1 CITY shall not be liable or obligated for any burden or loss (financial or otherwise) incurred by PERMITTEE as a result of CITY's disclosure or nondisclosure of this Permit or PERMITTEE information requested pursuant to the CPRA. PERMITTEE EXPRESSLY WAIVES ANY CLAIM AGAINST CITY

AND ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES,

REPRESENTATIVES, AND AGENTS FOR ANY BURDEN, EXPENSE OR

LOSS WHICH PERMITTEE INCURS AS A RESULT OF CITY'S

DISCLOSURE OR NON-DISCLOSURE OF THIS PERMIT OR ANY
PERMITTEE INFORMATION REQUESTED PURSUANT TO THE CPRA.

40. Cumulative Remedies. CITY's rights and remedies under this Permit are cumulative and shall not limit or otherwise waive or deny any of CITY's rights or remedies at law or in equity.

41. Survival. Any obligation which accrues under this Permit prior to its expiration or termination shall survive such expiration or termination.

Page 148 of 187 ends

Attachment 2
14 42. Entire Agreement. This Permit constitutes the entire agreement between the parties and supersedes any and all prior understandings, representations, warranties, and agreements between them and pertaining to this Permit and the Permitted Use. Any modification, alteration, or amendment of this Permit shall be in writing and signed by all the parties hereto.

43. Notices. Any notice required or permitted to be given under this Permit shall be in writing and may be served personally or delivered by United States mail, postage prepaid, and addressed to CITY (referred to herein as the "CITY Contact") or PERMITTEE, respectively, as follows:

THE CITY OF IMPERIAL BEACH
Attention: Erika N. Cortez,
Chief Administrative Officer
825 Imperial Beach Blvd.

Imperial Beach, CA 91932

SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
Attention: Domingo Vigil, Deputy Director
10124 Old Grove Road
San Diego, CA 92131

44. Governmental Approvals. By entering into this Permit, neither CITY nor CITY's City Council is obligating itself to PERMITTEE or to any governmental agent, board, commission or agency with regard to any other discretionary action relating to PERMITTEE's occupancy, use, development, maintenance, or restoration of the Permit Area. "Discretionary action" includes without limitation re-zonings, variances, environmental clearances, and all other required governmental approvals.

45. Permits & Approvals. PERMITTEE, at PERMITTEE's sole cost and expense, shall obtain all required permits, licenses, and approvals from the applicable local, state, and federal authorities, including without limitation from CITY.

46. Disabled Access Compliance. PERMITTEE shall, as applicable to the Permit Area and PERMITTEE's possession, use, and occupancy of the Permit Area, comply with all accessibility requirements under all applicable state and federal laws, rules, and regulations of competent governmental authority enacted protecting the rights of people with disabilities. When a conflict exists between any federal or state accessibility requirements, PERMITTEE will follow the most restrictive accessibility requirement (i.e., that which provides the most access). PERMITTEE's compliance shall include without limitation the following:

46.1 PERMITTEE shall not discriminate against qualified persons with disabilities in any aspects of employment, including recruitment, hiring, promotions, conditions

Page 149 of 187 ends

Attachment 2
15 and privileges of employment, training, compensation, benefits, discipline, layoffs, and termination of employment;

46.2 No qualified individual with a disability may be excluded on the basis of disability from participation in, or be denied the benefits of, services, programs, or activities of PERMITTEE;

46.3 PERMITTEE shall post a statement addressing the requirements of the ADA in a prominent place at the work site;

46.4 Where required by law, all improvements, fixtures, structures, or installations on the Permit Area will comply with municipal, state, and federal accessibility requirements by bringing up to code and making accessible any areas of the Permit Area which deny access to individuals with disabilities. All improvements and alterations will be at PERMITTEE's sole expense. PERMITTEE shall, at PERMITTEE's sole cost and in conformance with all applicable building codes and accessibility regulations, comply with applicable disabled-access requirements by making accessible any areas of the Permit Area which deny access to disabled persons; and

46.5 PERMITTEE shall include language in each sublicense agreement, if any, indicating the sublicensee's agreement to abide by the provisions of this section.

46.6 PERMITTEE's failure to comply with the accessibility requirements of this section or submitting false information in response to these accessibility requirements, or both, will be a default of this Permit.

46.7 PERMITTEE and each of its sublicensees, if any, shall be individually responsible for their own ADA compliance program.

47. Taxes. PERMITTEE shall pay, before delinquency, all taxes, assessments, and fees assessed or levied upon PERMITTEE or the Permit Area during the Term, including the land and any buildings, structures, machinery, equipment, appliances, or other improvements or property of any nature whatsoever erected, installed, or maintained by PERMITTEE, or levied by reason of PERMITTEE's occupancy, use, development, maintenance, or restoration of the Permit Area, including without limitation licensing and permitting costs and fees. PERMITTEE acknowledges that this Permit may create a possessory interest subject to property taxation, and that PERMITTEE may be subject to the payment of taxes levied on that interest. PERMITTEE shall pay all such possessory interest taxes. PERMITTEE's payment for such taxes, fees, and assessments shall not reduce any payment due CITY. CITY shall not assume any responsibility for any taxes whatsoever resulting from PERMITTEE's possession, use, or occupancy of the Permit Area.

Page 150 of 187 ends

Attachment 2
16 48. Performance and Payment Bonds: If PERMITTEE constructs any type of improvements or alterations on the Permit Area, CITY may require PERMITTEE to provide CITY with a performance bond in the amount of one hundred percent (100%) of the estimated construction cost of the work to be performed and a payment bond in the amount of one hundred percent (100%) of the total amount payable under the contract for construction of the improvement/alteration. The bonds shall be corporate surety bonds or other security satisfactory to CITY. The bonds shall insure that the construction be completed in accordance with this PERMIT and all applicable laws and regulations. At the option of CITY, in the event the construction is not completed in full satisfaction of the CITY and this Permit, CITY may use the performance bond to remove the uncompleted improvements/alterations and restore the Permit Area to a condition satisfactory to CITY. The bond shall be held in trust by CITY for the purpose specified above, or at CITY's option may be placed in an escrow approved by CITY.

49. Partial Invalidity. If any term, covenant, condition, or provision of this Permit is found invalid, void, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

50. Joint and Several Liability. If PERMITTEE is comprised of more than one person or legal entity, such persons and entities, and each of them, shall be jointly and severally liable for the performance of each and every obligation of PERMITTEE under this Permit.

51. Exhibits. All exhibits referenced in this Permit are incorporated into this Permit by this reference. In the event of a conflict between this Permit and any exhibit to this Permit, the terms, conditions, and obligations of this Permit shall control.

52. Counterparts. This Permit may be executed in one or more counterparts, each of which shall be deemed to constitute an original, but all of which, when taken together, shall constitute one and the same instrument.

53. Authority to Contract. Each individual executing this Permit on behalf of another person or legal entity represents and warrants that he/she is authorized to execute and deliver this Permit on behalf of such person or entity in accordance with duly adopted resolutions or other authorizing actions which are necessary and proper and under such legal entity's articles, charter, bylaws, or other written rules of conduct or governing agreement, and that this Permit is binding upon such person or entity in accordance with its terms. Each person executing this Permit on behalf of another person or legal entity shall provide CITY with evidence, satisfactory to CITY, that such authority is valid and that such entity is a valid, qualified corporation, limited liability company, partnership, or other unincorporated association in good standing in its home state and that such entity is qualified to do business in California.

Page 151 of 187 ends

Attachment 2
17 IN WITNESS WHEREOF, this Permit is executed to be effective as of the Effective Date.

THE CITY OF IMPERIAL BEACH, a
California municipal corporation
By: _______________________________
Tyler Foltz, City Manager

SAN DIEGO COUNTY AIR POLLUTION
CONTROL DISTRICT, a county air
pollution control district continued in
existence pursuant to Health and Safety code
section 40000
By:________________________________
Domingo Vigil, Deputy Director
Approved as to form this _____ day of _________, 2024.
[Jennifer Lyon, City Attorney]
By: ____________________________
Name: _________________________
Title: __________________________

Page 152 of 187 ends

Attachment 2
18 EXHIBIT A: Property & Permit Area

Page 153 of 187 ends

P a g e | 1
March 6, 2024
ITEM TITLE: CONSIDER POTENTIAL LOCATIONS FOR PICKLEBALL COURTS WITHIN THE CITY OF IMPERIAL BEACH. (1020-10)
ORIGINATING DEPARTMENT:

City Manager
EXECUTIVE SUMMARY:

The City Council has directed City staff to explore the possibility of bringing the sport of pickleball to the City of Imperial Beach and report back to the Council on possible locations. This report is intended to assist the City Council in its discussions. Should the City Council recommend that the City proceed with the addition of a pickleball to the City’s recreational options, City staff would proceed with planning and costing estimates.

RECOMMENDATION:

Consider potential locations for pickleball courts and provide direction to the City Manager.

OPTIONS:
 Consider potential locations for pickleball courts and provide direction to the City Manager.

BACKGROUND/ANALYSIS:

Pickleball is a sport that combines many
elements of tennis, badminton, and pingpong. Pickleball can be played both indoors or outdoors on a hard surface court and a
slightly modified tennis net. Pickleball is
played with a paddle and a plastic ball with
holes and may be played as doubles or
singles. The sport can be enjoyed by all ages
and skill levels.

In pickleball, the same court is used for both
singles and doubles play. The net height is
36 inches at the sidelines and 34 inches in
the middle. The court is striped similar to a
tennis court with right and left service courts
and a 7-foot non-volley zone in front of the
net. Depending on its design, courts can be
constructed specifically for pickleball, or they
can be converted for other activities (i.e.
badminton, volleyball, tennis, etc.).

Page 154 of 187 ends

P a g e | 2
In recent months the request to possibly bring pickleball to the City of Imperial Beach has increased. Currently there is no location within the City to play pickleball, though there are pickleball courts in surrounding communities. The City Council has directed City staff to explore the possibility of bringing the sport of pickleball to the City of Imperial Beach and report back to the Council on possible locations.

Below are potential locations identified by staff that may be considered for pickleball courts within the City, inclusive of siting opportunities and constraints.

Sports Park – North Turf Area
Site Opportunities:
o City staff will be present when Sports Park Recreation Center is completed o Synergy with theme of park and other athletic uses
o May consider multi-use court project, inclusive of the basketball court Site Constraints:
o Site will require significant grading
o Consider residences to the west

Page 155 of 187 ends

P a g e | 3
Sports Park – South Turf Area
Site Opportunities:
o City staff will be present when Sports Park Recreation Center is completed o Synergy with theme of park and other athletic uses
o May consider multi-use court project, inclusive of the basketball court Site Constraints:
o Consider residences to the west
o May require relocation of fence for the softball field o May require tree removal

Page 156 of 187 ends

Imperial Beach City CouncilMarch 6, 2024

Imperial Beach City Council
March 6, 2024