City Council Agenda
Regular Meeting - 6:00 p.m.
Tuesday, June 18, 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]. Written comments received by noon on the day of the City Council meeting, that are within the subject matter jurisdiction of the City of Imperial Beach, 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's 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=2024 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 PASTOR DOUGLAS JONES. (0410-30) 7 Recommendation:
That the City Council approve the Proclamation.
7.b PROCLAMATION RECOGNIZING JUNETEENTH. (0410-30) 9
Recommendation:
That the City Council approve the Proclamation.
7.c PROCLAMATION RECOGNIZING PARKS AND RECREATION MONTH – JULY 2024. (0410-30)
11 Recommendation:
That the City Council approve the Proclamation.
7.d INTRODUCTION AND REFUGE UPDATES BY SALLY BROWN WITH THE U.S. FISH & WILDLIFE SERVICE. (0150-40)*
*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.g.
8.a APPROVAL OF CITY COUNCIL MEETING MINUTES. 13
Recommendation:
That the City Council approves the Regular Meeting Minutes of May 1, 2024, May 15, 2024, June 5, 2024 and the Special Meeting Minutes of May 14, 2024 and May 29, 2024.
8.b RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM MAY 25, 2024, TO JUNE 7, 2024. (0300-25)
41 Recommendation:
Staff is seeking that the City Council ratify and file the Warrant Register Report.
8.c APPROVAL OF SPECIAL EVENT PERMIT APPLICATION FOR THE IMPERIAL BEACH ATHLETIC CLUB (IBAC) 2024 SUMMER SERIES AND USE OF DESIGNATED BEACH SPACE. (1040-10)
50 Recommendation:
Staff recommends the City Council approve a special event permit application requested from IBAC to host their annual event series for a cornhole tournament on July 20 - 21, a horseshoe tournament on September 14, and an over the line tournament on October 5 - 6 in designated beach locations.
Staff also recommends the City Council consider approving the fee waiver request for the special event fees that are eligible for a fee waiver for the September and October event series dates.
8.d RESOLUTION NO. 2024-048 APPROVING AND ADOPTING A SIDE LETTER
OF AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY AND SERVICE EMPLOYEES’ INTERNATIONAL
UNION (SEIU), LOCAL 221. (05840-50)
72 Recommendation:
Staff recommends that the City Council adopt Resolution No. 2024-048, which approves and adopts the Side Letter of Agreement to the MOU between the City and SEIU.
8.e RESOLUTION NO. 2024-046 AND SA-24-89 APPROVING AND ADOPTING
THE AMENDMENTS TO CITY OF IMPERIAL BEACH INVESTMENT POLICY
AND DELEGATE THE CITY TREASURER THE AUTHORITY TO INVEST AND REINVEST. (0350-95 & 0418-95)
81 Recommendation:
Approve and adopt of Resolution No. 2024-046 by the City Council and SA-24- 89 by the Successor Agency authorizing the amendments to the City of Imperial Beach Investment Policy and delegating to the City Treasurer the authority to invest and reinvest the City’s financial assets.
8.f VETERANS & MILITARY AFFAIRS COMMITTEE – APPROVAL OF NONRESIDENT APPOINTEE IN COMPLIANCE WITH IMPERIAL BEACH MUNICIPAL CODE 2.26.20(F). (0120-95)
133
Recommendation:
That the City Council determine by a four-fifths (4/5) vote that John Haythe, a non-resident, shall be appointed to the Veterans & Military Affairs Committee due to special expertise that is not available among resident candidates.
8.g ADOPTION OF RESOLUTION NO. 2024-053 AUTHORIZING RECEIPT OF
OCEAN PROTECTION COUNCIL GRANT FUNDS FOR IMPERIAL BEACH COMMUNITY RESILIENCE PLAN PROJECT & RESOLUTION NO. 2024-054
AUTHORIZING REQUISITE BUDGET ADJUSTMENTS, & AMENDMENT TO CONTRACT WITH GHD, INC.
135
Recommendation:
Adopt Resolution No. 2024-053 authorizing the City Manager, or designee thereof, to execute all documents and take any actions necessary and appropriate to carry out the intent of this resolution accepting the grant funds awarded by the Ocean Protection Council and adopt Resolution No. 2024-054 authorizing the City Manager or designee to make required budget adjustments to accommodate the grant funds and project expenditures, and authorize the City Manager, or designee to make an amendment to the contract with GHD, Inc. for consultant support to implement the project.
9. ORDINANCES/INTRODUCTION & FIRST READING
None.
10. PUBLIC HEARINGS
10.a RC COMMERCIAL HOLDINGS, LLC (OWNER); REGULAR COASTAL PERMIT (CP-24-0003), CONDITIONAL USE PERMIT (CUP-24-0002), AND CEQA CATEGORICAL EXEMPTION PER SECTION 15301 CLASS 1 FOR LIVE ENTERTAINMENT AT 951 SEACOAST DRIVE. USE-24-0029 (0600- 20).
147
Recommendation:
That the City Council continue the public hearing for Regular Coastal Permit (CP-24-0003), Conditional Use Permit (CUP-24-0002), and categorical Exemption pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities) for live entertainment at 951 Seacoast Drive (APN 625-352-23-00), to the August 7, 2024, City Council Meeting.
10.b RESOLUTION 2024-050 APPROVING ADMIN. AMEND. NO. 15 (23-15) TO 2023 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM
UPDATING PROGRAMMED FUNDS TO MATCH FUNDING IN THE
CAPITAL IMPROVEMENT PROGRAM AND ACTUAL FY23 & FY24
TRANSNET PAYMENTS RECEIVED. (0680-80)
149
Recommendation:
1. Receive this report.
2. Open the Public Hearing;
3. Receive public comment;
4. Close the Public Hearing;
Adopt Resolution 2024-050 - A Resolution of the City Council of the City of Imperial Beach, California authorizing staff to update programmed TransNet funds in the 2023 Regional Transportation Improvement Program.
5.
10.c RESOLUTION NO. 2024-051 ADOPTING THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2025
THROUGH 2029. (0680-80)
158
Recommendation:
1. Receive this report;
2. Open the Public Hearing;
3. Receive public comment;
4. Close the Public Hearing;
Approve Resolution No. 2024-051 adopting the 2025 TransNet Local Street Improvement Program of Projects for Fiscal Years 2025 through 2029.
5. 11. REPORTS
11.a RESOLUTION NO. 2024-052 AWARDING A PUBLIC WORKS CONTRACT FOR CONSTRUCTION OF THE 9TH STREET ENHANCEMENT PROJECT
(S22101) TO TRI-GROUP CONSTRUCTION AND DEVELOPMENT, INC.
AND ACCEPTING AND APPROPRIATING $2,479,000 IN STATE ACTIVE
TRANSPORTATION GRANT
165
CONSTRUCTION FUNDS TO THE PROJECT BUDGET AND
APPROPRIATING ADDITIONAL FUNDS TO THE PROJECT BUDGET.
(0720-25)
Recommendation:
Adopt Resolution No. 2024-052 awarding the construction contract for the 9th Street Enhancement Project to Tri-Group Construction and Development, Inc. in the amount of $4,289,815, and accepting and appropriating $2,479,000 in State Active Transportation Grant Construction funding to the project budget and authorizing a budget transfer in the amount of $2,031,500 to the 9th Street Enhancement Project (S22101) from available Transnet and SB1 funds.
11.b RESOLUTION NO. 2024-049 ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-2025 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017. (0390-86)
171
Recommendation:
Staff recommends that the City Council adopt Resolution No. 2024-049 approving the FY2024-2025 Project List for Senate Bill 1 (Road Repair and Accountability Act of 2017) Road Maintenance and Rehabilitation Account funding.
11.c UPDATE ON 10TH AND IRIS POCKET PARK. (0920-90) 176 Recommendation:
Staff recommends that the City Council receive the report on the 10th & Iris Pocket Park and authorize pertinent enhancements.
11.d SUMMER SAFETY MEASURES IN IMPERIAL BEACH. (0220-05 & 0260-05) 196 Recommendation:
It is recommended that the City Council receive the report.
12. I.B. REDEVELOPMENT AGENCY SUCCESSOR AGENCY REPORTS
See Consent Calendar Item No. 8.e.
13. ITEMS PULLED FROM THE CONSENT CALENDAR (IF ANY)
14. CITY COUNCIL FUTURE AGENDA REQUESTS
15. ADJOURN REGULAR MEETING
P a g e | 1
June 18, 2024
ITEM TITLE: PROCLAMATION RECOGNIZING PASTOR DOUGLAS JONES. (0410-30) ORIGINATING DEPARTMENT:
Mayor
RECOMMENDATION:
That the City Council approve the Proclamation.
ATTACHMENTS:
ATT 1 - Proclamation
ATTACHMENT 1
Pastor Douglas Jones
WHEREAS, Pastor Jones has served the City of Imperial Beach as Pastor of St. James Lutheran Church for over seventeen years; and
WHEREAS, Pastor Jones has been an ordained minister of the Gospel for thirty-five years, and committed his life to teaching the Gospel in English and Spanish; and WHEREAS, Pastor Jones earned his Master of Divinity from Concordia Theological Seminary, and can trace his lineage of Lutheran Pastors back 500 years; and WHEREAS, Pastor Jones served as President of the Hispanic Pastors support group, Principal of St. John’s Lutheran Church School, and President of Lutheran Border Concerns Ministry; and WHEREAS, Pastor Jones served on the board of St. James Lutheran Development, Inc. which founded 100 units of low-income senior housing in Imperial Beach; and WHEREAS, Pastor Jones was elected to assist the Pacific Southwest Lutheran District President as the Circuit Counselor for six other San Diego churches; and WHEREAS, Pastor Jones has dedicated his life to improving the lives of children in our community, serving as a member of Kiwanis Club of Imperial Beac; and WHEREAS, Pastor Jones has been an integral part of the Imperial Beach community, and his work has had a positive impact on the City.
NOW, THEREFORE, BE IT PROCLAIMED that I, Paloma Aguirre, Mayor of the City of Imperial Beach, together with the City Council, do hereby honor and express its most sincere appreciation to Pastor Douglas Jones for his many years of service to St. James and the City of Imperial Beach. We wish him well in his retirement.
Dated: June 18, 2024
Paloma Aguirre, Mayor
P a g e | 1
June 18, 2024
ITEM TITLE: PROCLAMATION RECOGNIZING JUNETEENTH. (0410-30) ORIGINATING DEPARTMENT:
Mayor
RECOMMENDATION:
That the City Council approve the Proclamation.
ATTACHMENTS:
ATT 1 - Proclamation
ATTACHMENT 1
Juneteenth Day
WHEREAS, on January 1, 1863, President Abraham Lincoln issued the Emancipation Proclamation, setting in motion the end of slavery in the United States; and WHEREAS, the Civil War ended with the surrender of General Lee at Appomattox Court House on April 9,1865; and;
WHEREAS, this news reached Texas when Union General Gordon Granger arrived in Galveston Bay with Union troops. It was on June 19, 1865, that he announced: "The people of Texas are informed that, in accordance with a proclamation from the Executive of the United States, all slaves are free." and
WHEREAS, Juneteenth is a time to honor the significant contributions of African Americans to the cultural, economic, and social fabric of our nation, acknowledging the struggles and achievements that have shaped our communities; and
WHEREAS, it is essential to educate all citizens about the rich history and legacy of Juneteenth, fostering a deeper understanding and appreciation of the importance of equality, justice, and freedom for all; and
WHEREAS, by recognizing Juneteenth, we reflect on the ongoing journey towards racial equity and inclusivity, reaffirming our commitment to creating a society where everyone can thrive without discrimination or prejudice, and we remember our extraordinary capacity to heal, to hope, and to emerge as a stronger, freer, and more just country; and WHEREAS, Juneteenth officially became a federally-recognized holiday in 2021, we join together as a community to celebrate this day, reflect and honor the past while looking forward to a brighter, more inclusive future.
NOW, THEREFORE, BE IT PROCLAIMED that I, Paloma Aguirre, Mayor of the City of Imperial Beach, together with the City Council, hereby proclaim June 19th, 2024, as Juneteenth in the City of Imperial Beach, and encourage all citizens to join in honoring and celebrating this significant day in our nation’s history.
Dated: June 18, 2024
Paloma Aguirre, Mayor
P a g e | 1
June 18, 2024
ITEM TITLE: PROCLAMATION RECOGNIZING PARKS AND RECREATION MONTH – JULY 2024. (0410-30)
ORIGINATING DEPARTMENT:
Mayor
RECOMMENDATION:
That the City Council approve the Proclamation.
ATTACHMENTS:
ATT 1 - Proclamation
ATTACHMENT 1
Parks and Recreation Month
WHEREAS, Parks and Recreation is an integral part of communities throughout this country, including Imperial Beach, California; and
WHEREAS, Parks and Recreation promotes health and wellness, improving the physical and mental health of people who live near parks; and
WHEREAS, Parks and Recreation promotes time spent in nature, which positively impacts mental health by increasing cognitive performance and well-being, and alleviating illnesses such as depression, attention deficit disorders, and Alzheimer’s; and
WHEREAS, Parks and Recreation encourages physical activities by providing space for popular sports, hiking trails, swimming pools and many other activities designed to promote active lifestyles; and WHEREAS, Parks and Recreation programming and education activities, such as out-of-school time programming, youth sports and environmental education, are critical to childhood development; is a leading provider of healthy meals, nutrition services and education; and WHEREAS, Parks and Recreation increases a community’s economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and
WHEREAS, Parks and Recreation is fundamental to the environmental well-being of our community; and
WHEREAS, Parks and Recreation is essential and adaptable infrastructure that makes our communities resilient in the face of natural disasters and climate change; and WHEREAS, our Parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and WHEREAS, the U.S. House of Representatives has designated July as Parks and Recreation Month; and
WHEREAS, Imperial Beach, California recognizes the benefits derived from Parks and Recreation resources.
NOW, THEREFORE, BE IT PROCLAIMED that I, Paloma Aguirre, Mayor of the City of Imperial Beach, together with the City Council, hereby proclaim that July is recognized as Parks and Recreation Month in Imperial Beach, California.
Dated: June 05, 2024
Paloma Aguirre, Mayor
June 18, 2024
ITEM TITLE: APPROVAL OF CITY COUNCIL MEETING MINUTES.
ORIGINATING DEPARTMENT: City Clerk
RECOMMENDATION:
That the City Council approves the Regular Meeting Minutes of May 1, , 2024, May 15, 2024, June 5, 2024 and the Special Meeting Minutes of May 14, 2024 and May 29, 2024.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT:
No fiscal impact associated with this report.
ATTACHMENTS:
ATT1 05-01-2024 Regular Meeting Minutes_DRAFT
ATT2 05-15-2024 Regular Meeting Minutes_DRAFT
ATT3 06-05-2024 Regular Meeting Minutes_DRAFT
ATT4 05-14-2024 Special Meeting Minutes_DRAFT
ATT5 05-29-2024 Special Meeting Minutes_DRAFT
ATTACHMENT 1
CITY OF IMPERIAL BEACH
CITY COUNCIL
REGULAR MEETING MINUTES
May 1, 2024, 6:00 p.m.
Council Chambers
825 Imperial Beach Boulevard
Imperial Beach, CA 91932
Present: Mayor Aguirre, Mayor Pro Tem McKay, Councilmember LeybaGonzalez, Councilmember Seabury, Councilmember Fisher Staff City Manager Foltz, Chief Administrative Officer Cortez-Martinez, City Attorney Lyon, City Clerk Kelly, Parks, Recreation and Community Services Director Bullock
The City Council also sits as the Imperial Beach Planning Commission, Public Financing Authority, and Imperial Beach Redevelopment Agency Successor Agency. _____________________________________________________________________
1. CALL TO ORDER
Mayor Aguirre called the meeting to order at 6:00 p.m.
2. ROLL CALL
City Clerk Kelly took roll.
3. PLEDGE OF ALLEGIANCE
Mayor Pro Tem McKay led the Pledge of Allegiance.
4. REIMBURSEMENT DISCLOSURES/REPORTS ON ASSIGNMENTS AND
COMMITTEES
Councilmember Leyba-Gonzalez
MTS Board of Directors meeting
Attended the Ribbon cutting events
3rd Annual Career fair at Mar Vista High School
Councilmember Fisher
Ribbon cutting for the new multiuse field at Veterans Park Announced Mario Orso is the new CEO for SANDAG
Councilmember Seabury
Pinwheels 4 Prevention campaign to help raise awareness and prevent child abuse
Special Workshop meeting that emphasized maintenance over replacement Chamber of Commerce Mixer at the Scoreboard
South County Economic Development Council Annual Summit Ribbon cutting for the new Imperial Beach monument
Ribbon cutting for the new multiuse field at Veterans Park Announced the Kiwanis Pancake Breakfast Fundraiser is on May 4 Mayor Pro Tem McKay
Farmer’s Market City Canopy
Metro JPA Finance Committee meeting
Thanked everyone who participated in the Citywide Garage Sale Attended the ribbon cuttings for the multiuse field at Veterans Park and new Imperial Beach monument
Mayor Aguirre
California Coastal Commission (CCC) meeting in Long Beach Announced that at the upcoming CCC meeting on May 10 there will be an update on the Tijuana River Transboundary Pollution Crisis
San Diego Regional Chamber of Commerce delegation to Washington, D.C. Spoke at the California Nurses for Environmental Health and Justice Earth Day Conference
San Diego Community Power Board of Directors meeting and announced there is a vacancy on the Citizens Advisory Committee
South County Economic Development Council Economic Summit Day of the Child event
Ribbon cutting events for the new multipurpose field at Veterans Park and the new Imperial Beach monument
5. COMMUNICATIONS FROM CITY STAFF
Parks, Recreation and Community Services Director Bullock announced Art in the Park will be on June 8 and she invited artists to come and showcase their work. She also announced the Music in the Park events for the Summer of 2024.
6. PUBLIC COMMENT
Written public comments were submitted by Alan Curry, Martha Souza, Paul Henkin, Mike Brattland and Andres Wong regarding SR-125 and the SANDAG tax measure.
Martin Mattes, Chamber of Commerce President, reported on the Chamber’s events and activities.
Edward Brakmanis proposed installing a butterfly garden to improve the public perception of Imperial Beach.
7. PRESENTATIONS
7.a PRESENTATION ON TIJUANA SLOUGH DECK REPLACEMENT. (0150-40) Jill Terp, Deputy Project Leader for the US Fish and Wildlife Service, and Peter Logan, architect, gave a PowerPoint presentation.
Councilmember Leyba-Gonzalez stated that he prefers the current location of the deck due to its dual views of the estuary and the ocean.
Councilmember Seabury suggested keeping the deck in its current location and raising the height. In response to her questions, Ms. Terp stated that the proposed location is a protected area, and they will have to meet NEPA compliance.
Mr. Logan stated that looking into the future, replacing the deck in its current location would not be financially sustainable due to where the tides come in.
In response to Mayor Pro Tem McKay’s question, the trees that are being proposed to be removed are not native. Current plans do not include landscaping and there are currently no cost estimates for the project.
Mayor Pro Tem McKay expressed concern over trash being swept out into the water in the proposed new location.
Councilmember Fisher stated that Option 2 is his preferred design and that he is in support of a new deck location.
Mayor Aguirre expressed that she would like the new deck to stay in its current location.
7.b SHERIFF’S DEPARTMENT UPDATE BY SHERIFF’S LT. AL GATHINGS (0260- 80)
Lieutenant Al Gathings gave a PowerPoint presentation with updates on Imperial Beach’s crime and safety.
Written comments were submitted by:
Sandra Brillhart: Requested more officers at night and on weekends Leslie McCollum: Expressed concern about the Sheriff’s tower Rick Emilson: Expressed concern about safety after dark Public comments:
John Crumley expressed concern about the unsheltered population and increase in violence in the beach areas. He requested increased surveillance and patrol.
Jared Caswell stated that a lot of the crime is coming from the MTS buses. He requested extra patrol directly on Imperial Beach Pier.
In response to Mayor Pro Tem McKay’s questions, Lt. Gathings stated that there is no predictable reason or trend for an increase in calls for service during specific times of the year; that property owners are not required to post a notarized copy of trespassing letters; and the department is hoping to find funding to add a motorcycle officer to their team to aid in traffic citations.
In response to Councilmember Seabury’s question, Lt. Gathings confirmed that Imperial Beach does not have bicycle police and Imperial Beach would not qualify as a training city for them.
Councilmember Fisher confirmed with Lt. Gathings that the Trespassing Authorization forms can be used by both private and business owners. In response to his questions, Lt. Gathings said that an increase in rideshare programs, education and additional signage could help with traffic violations. For suspicious activities, residents should contact the sheriff’s nonemergency line.
Mayor Aguirre requested a global year-to-date chart of Imperial Beach crime trends. In response to her question, Lt. Gathings explained that any property owner or agent of a property with authority to make decisions can file a Trespassing Affidavit. She echoed Councilmember Seabury’s suggestion that there be some bicycle police officers on patrol in tourist areas as the unsheltered concerns increase.
8. CONSENT CALENDAR
No public comments.
Motion by Councilmember Fisher
Seconded by Mayor Pro Tem McKay
To approve Consent Calendar Item Nos. 8.a through 8.d.
AYES (5): Mayor Aguirre, Mayor Pro Tem McKay, Councilmember Seabury, Councilmember Fisher, Councilmember Leyba-Gonzalez
Motion Carried (5 to 0)
8.a RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM APRIL 6, 2024, TO APRIL 19, 2024. (0300-25)
City Council ratified and filed the Warrant Register Report.
8.b RECEIVE TREASURER’S REPORT FOR MARCH 2024 (0300-90).
City Council received and filed the March 2024 Treasurer’s Report.
8.c RESOLUTION NO. 2024-030 CONTINUING THE PROCLAMATION OF A STATE OF LOCAL EMERGENCY RELATING TO IMPACTS FROM CROSSBORDER POLLUTION IN THE TIJUANA RIVER. (0150-40 & 0210-26) City Council adopted Resolution No. 2024-030 to maintain the state of local emergency related to the cross-border pollution impacts from the Tijuana River and authorized City Manager, Mayor and Councilmembers to work with local, State, Federal and Mexican authorities to advance binational projects to improve conditions in the Tijuana River.
8.d RESOLUTION NO. 2024-028 RATIFYING AN AMENDMENT TO A
PROFESSIONAL SERVICES AGREEMENT WITH HINDERLITER DE LLAMAS AND ASSOCIATES COMPANIES. (0610-20)
City Council adopted Resolution No. 2024-028 ratifying the execution of a second professional services agreement amendment with HDL Companies subject to the rates as shown in Attachment 3.
9. ORDINANCES/INTRODUCTION & FIRST READING
9.a AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING CHAPTER 2.11 OF THE IMPERIAL BEACH
MUNICIPAL CODE TO INCREASE CITY COUNCIL COMPENSATION IN ACCORDANCE WITH NEWLY ENACTED STATE LAW. (0520-95)
Chief Administrative Officer Cortez-Martinez gave a PowerPoint presentation.
A written comment was submitted by Sandra Brillhart in support of the item.
Councilmembers spoke in support of the item.
Mayor Aguirre stated that the compensation is fair and hopes that it will open doors for future Councilmembers.
City Clerk Kelly read the title of Ordinance No. 2024-1244.
Motion by: Mayor Aguirre
Seconded by: Councilmember Fisher
To introduce ordinance by title only, waiving full reading, and set for adoption at the next regularly scheduled Council meeting.
AYES (5): Mayor Aguirre, Mayor Pro Tem McKay, Councilmember Seabury, Councilmember Fisher, Councilmember Leyba-Gonzalez
Motion Carried (5 to 0)
City Attorney Lyon stated that if adopted, the Ordinance would go into effect next term, after the November 2024 election.
9.b CITY COUNCIL CONSIDERATION TO INTRODUCE ORDINANCE 2024-1245 AMENDING CHAPTERS 12.56 AND 4.64 OF THE IMPERIAL BEACH
MUNICIPAL CODE RELATED TO USE OF THE MULTIPURPOSE TURF FIELD. (0920-95)
Parks, Recreation and Community Services Director Bullock gave a PowerPoint presentation.
No public comments.
In response to questions of the City Council, Director Bullock stated that the field will be open to use by the public as well as reserved use. The bleachers will be placed on the side of the field opposite the parking lot. One will be two level and one with be three levels. The latest time the field can be permitted is 9:00 p.m.
The estimated value of the donated lighting is $100,000.
City Clerk Kelly read the title of Ordinance No. 2024-045.
Motion by: Mayor Pro Tem McKay
Seconded by: Councilmember Fisher
To introduce ordinance by title only waiving the full reading of the ordinance and set adoption for the next regular meeting.
AYES (5): Mayor Aguirre, Mayor Pro Tem McKay, Councilmember Seabury, Councilmember Fisher, Councilmember Leyba-Gonzalez
Motion Carried (5 to 0)
10. PUBLIC HEARINGS
None.
11. REPORTS
11.a CONSIDERATION OF A SPECIAL EVENT APPLICATION FOR THE USE OF PIER PLAZA BY MIKE HESS BREWING COMPANY TO HOST THE 2024 HESSFEST XIV EVENT. (1040-10)
Parks, Recreation and Community Services Director gave a PowerPoint presentation.
A written comment was submitted by Sandra Brillhart in opposition to the item.
Jared Caswell spoke in support of the event.
Lynne Fisher spoke in support of the of the event and requested that the majority of Pier Plaza stay open to the public and just the beer garden be a closed off, ticketed area.
Councilmember Fisher suggested a shorter, more aesthetic fence for the event.
He also suggested supporting a charity specific to Imperial Beach.
Mike Hess stated that he is open to suggestions, but a reasonable barrier needs to be provided to prevent illegal transfer of alcohol.
In response to Councilmember Seabury’s question, Mr. Hess stated that approximately 1,100 people attended the event last year. He is unsure if the ticket receipt could be tax deductible for attendees. The vendors donate a minimum of 10% of their revenue to the charity as well.
Mayor Aguirre requested a detailed financial statement as a condition of the permit.
She stated that she is in support of the event, but not the six-foot fences blocking the beach.
Motion by: Councilmember Seabury
Seconded by: Councilmember Leyba-Gonzalez
To approve the request from the HessFest XIV event applicant to activate Pier Plaza as an event venue on Saturday, August 10, 2024.
AYES (4): Mayor Pro Tem McKay, Councilmember Seabury, Councilmember Fisher, Councilmember Leyba-Gonzalez
NOES (1): Mayor Aguirre
Motion Carried (4 to 1)
11.b RESOLUTION NO. 2024-033 APPROVING EIGHTH AMENDMENT TO
AGREEMENT BETWEEN THE SAN DIEGO METROPOLITAN TRANSIT
SYSTEM (MTS) AND THE CITY OF IMPERIAL BEACH FOR ADMINISTRATION OF FOR-HIRE VEHICLE REGULATIONS. (0680-70 & 0680-75)
City Manager Foltz gave a PowerPoint presentation.
A written comment was submitted by Sandra Brillhart in support of the item.
Jared Caswell spoke in opposition of the Resolution.
City Council discussion ensued.
City Manager Foltz clarified that the current discussion is considering the staff recommendation without a carve out.
Mayor Aguirre confirmed that the option to create a carve out in the future is possible. She emphasized that if a future carve out were to happen, additional research and discussion would be necessary.
Motion by: Mayor Pro Tem McKay
Seconded by: Councilmember Fisher
To adopt Resolution No. 2024-033 approving an eighth amendment to an Agreement for the administration of For-Hire Vehicle Regulations between San Diego Metropolitan Transit System (MTS) and the City of Imperial Beach and authorize the City Manager to execute the agreement.
AYES (5): Mayor Aguirre, Mayor Pro Tem McKay, Councilmember Seabury, Councilmember Fisher, Councilmember Leyba-Gonzalez
Motion Carried (5 to 0)
Mayor Aguirre closed the public hearing.
12. I.B. REDEVELOPMENT AGENCY SUCCESSOR AGENCY REPORTS
None.
13. ITEMS PULLED FROM THE CONSENT CALENDAR
None.
14. CITY COUNCIL FUTURE AGENDA REQUESTS
Councilmember Leyba-Gonzalez requested that the butterfly garden proposed by Mr.
Brackmanis be placed in District 4.
Councilmember Fisher requested a report from staff about current measures and funding needs that would be needed to protect Imperial Beach Pier.
Councilmember Seabury requested an update on if pickleball courts are going to be built in Veterans Park as she is interested in donating a Moreton Bay Fig Tree to the area.
Mayor Aguirre requested a discussion about CUP’s and conditions and looking at its inventory.
15. ADJOURN REGULAR MEETING
Mayor Aguirre adjourned the Regular Meeting at 9:19 p.m. ______________________________ _______________________________ Jacqueline M. Kelly, MMC Paloma Aguirre, Mayor
City Clerk
ATTACHMENT 2
CITY OF IMPERIAL BEACH
CITY COUNCIL
REGULAR MEETING MINUTES
May 15, 2024, 6:00 p.m.
Council Chambers
825 Imperial Beach Boulevard
Imperial Beach, CA 91932
Present: Mayor Aguirre, Mayor Pro Tem McKay, Councilmember LeybaGonzalez, Councilmember Seabury, Councilmember Fisher Staff City Manager Foltz, Chief Administrative Officer Cortez-Martinez, City Attorney Lyon, City Clerk Kelly, Parks, Recreation and Community Services Director Bullock
The City Council also sits as the Imperial Beach Planning Commission, Public Financing Authority, and Imperial Beach Redevelopment Agency Successor Agency. _____________________________________________________________________
1. CALL TO ORDER
Mayor Aguirre called the Regular meeting to order at 6:00 p.m.
2. ROLL CALL
City Clerk Kelly took roll.
3. PLEDGE OF ALLEGIANCE
Girl Scout Troop 6003 led the Pledge of Allegiance.
4. REIMBURSEMENT DISCLOSURES/REPORTS ON ASSIGNMENTS AND
COMMITTEES
Councilmember Leyba-Gonzalez
Participated in the City-wide cleanup
Toured the March and Ash facility
Participated in the Day of Action at the Post Office
Attended the SANDAG Board of Directors meeting
Participated in the Job Corps Career Fair
Councilmember Fisher
Participated in the City-wide cleanup
Attended the SANDAG Board of Directors meeting. He commented that SANDAG should have had prior negotiations to provide funds to help fix the Tijuana River crisis
Commented on SANDAG being investigated by the Department of Justice.
Mayor Aguirre spoke about the need to make the Otay Border Crossing more efficient and to address the negative externalities caused by it. She also spoke about the need for SANDAG to do more on the sewage crisis issue and to make sure that resources are distributed equitably.
Councilmember Seabury
Attended the Citywide cleanup
Attended the San Diego Working Waterfront 35th Anniversary Dinner Attended the South County Economic Development Council Meeting Announced the Imperial Beach South Bay Kiwanis Student of the Month was Fabian Flores
Toured the March and Ash facility
Attended the SANDAG Mobility Working Group meeting
Attended the League of California City’s Zoom meeting Attended the Magnolia Project Luncheon
Attended the Special City Council Meeting to interview for the new Veterans & Military Affairs Committee
Mayor Pro Tem McKay
Attended the Metro Wastewater JPA meeting
He encouraged everyone to participate in the annual Citywide cleanup to avoid having to pay dump fees
Attended the League of California City’s Zoom meeting Attended the Magnolia Project Luncheon
Mayor Aguirre
Attended the San Diego Working Waterfront 35th Anniversary Dinner Attended the California Coastal Commission meeting in Crescent City, CA Attended the Southern California Coastal Ocean Observing System & Cal Coffee Joint meeting
Attended the Magnolia Project Luncheon
Announced a Fentanyl Forum presented in Spanish on May 31 from 5:00 p.m. – 8:00 p.m. at the Boys & Girls Club
The Mayor read a statement about what is being done to address the Tijuana River sewage crisis
5. COMMUNICATIONS FROM CITY STAFF
Parks, Recreation and Community Services Supervisor Malo Lutu announced the Resource Fair on Saturday, May 18 at the Senior Center.
City Manager Tyler Foltz announced the following: Bike Anywhere Day is Thursday, May 16 and there will be a pit stop at the Fire Station; there will be a Cannabis Ad Hoc Subcommittee Outreach Event at the Farmers Market on Saturday, there will be a Coffee
with the Mayor and Sheriff on May 18; and there will be a City Council Sea Level Rise Adaptation Workshop on May 22; May 29 at 5:00 p.m.
6. PUBLIC COMMENTS
Jose Lopez Eguino, Director of ACCE San Diego, Maria Hirneisen, Anna Villadolid, Robert Lucas, Stephanie Montano, Brenda Bautista, Gwendolyn Kesler, Teri Monte, Mico Miranda, John Monte, Michael Harrelson, Clarissa Esparza, Patti Ringel, Ruben Rivera, Paulina Olvera Canez and Ana Luisa Preciado asked for support in protecting local renters from rent increases and no-fault evictions.
Meredith Munger requested that the City of Imperial Beach adopt state legislation AB 1033.
Mark Williams proposed a vice tax to provide additional funding for the police department to hire more officers to improve safety, as well as garbage maintenance in the city.
Augustina Gil stated that the basketball hoops on the public streets are unsafe at times and disruptive to the neighborhood.
7. PRESENTATIONS
7.a PROCLAMATION RECOGNIZING OLDER AMERICANS MONTH – MAY 2024. (0410-30)
Motion By Councilmember Fisher
Seconded By Mayor Pro Tem McKay
To approve the Proclamation.
AYES (5): Mayor Aguirre, Mayor Pro Tem McKay, Councilmember Seabury, Councilmember Fisher, Councilmember Leyba-Gonzalez
Motion Carried (5 to 0)
Councilmember Fisher read the Proclamation.
No public comments.
7.b PROCLAMATION RECOGNIZING ASIAN AMERICAN, NATIVE HAWAIIAN, AND PACIFIC ISLANDER HERITAGE MONTH – MAY 2024 (0410-30) Motion By Mayor Pro Tem McKay
Seconded By Councilmember Fisher
To approve the Proclamation.
AYES (5): Mayor Aguirre, Mayor Pro Tem McKay, Councilmember Seabury, Councilmember Fisher, Councilmember Leyba-Gonzalez
Motion Carried (5 to 0)
Mayor Aguirre read the Proclamation.
No public comments.
Councilmember Fisher stated that he appreciates having Native Hawaiians recognized in Imperial Beach.
7.c PROCLAMATION RECOGNIZING PUBLIC WORKS WEEK – MAY 19-25, 2024. (0410-30)
Motion By Councilmember Fisher
Seconded By Councilmember Leyba-Gonzalez
To approve the Proclamation.
AYES (5): Mayor Aguirre, Mayor Pro Tem McKay, Councilmember Seabury, Councilmember Fisher, Councilmember Leyba-Gonzalez
Motion Carried (5 to 0)
No public comments.
Councilmember Leyba-Gonzlez read the Proclamation.
Mayor Pro Tem McKay expressed his gratefulness to Public Works.
Councilmember Seabury commended the Public Works Department for their hard work and dedication.
8. CONSENT CALENDAR
No public comments.
Motion by Councilmember Seabury
Seconded by Councilmember Fisher
To approve Consent Calendar Item Nos. 8.a through 8.e.
AYES (5): Mayor Aguirre, Mayor Pro Team McKay, Councilmember Seabury, Councilmember Fisher, Councilmember Leyba-Gonzalez
Motion Carried (5 to 0)
8.a APPROVAL OF CITY COUNCIL MEETING MINUTES.
City Council approved the City Council Meeting Minutes of April 3, 2024 and April 17, 2024 and the Special Workshop Meeting Minutes of April 24, 2024.
8.b RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM APRIL 20, 2024 TO MAY 3, 2024. (0300-25
City Council ratified and filed the Warrant Register Report.
8.c RESOLUTION NO. 2024-036 SCHEDULING A REGULAR CITY COUNCIL MEETING ON TUESDAY, JUNE 18, 2024 AT 6:00 P.M. (0410-95) Adopted Resolution No. 2024-036 to schedule a Regular City Council Meeting on June 18, 2024 at 6:00 p.m.
8.d SECOND READING AND ADOPTION OF ORDINANCE 2024-1244, AMENDING CHAPTER 2.11 OF THE IMPERIAL BEACH MUNICIPAL CODE
TO INCREASE CITY COUNCIL COMPENSATION IN ACCORDANCE WITH NEWLY ENACTED STATE LAW. (0520-95)
Conducted a second reading and adopted Ordinance No. 2024-1244 by title only, waiving full reading.
8.e SECOND READING AND ADOPTION OF ORDINANCE 2024-1245 AMENDING CHAPTERS 12.56 AND 4.64 OF THE IMPERIAL BEACH MUNICIPAL CODE RELATED TO USE OF THE MULTIPURPOSE TURF FIELD. (0920-95) City Council conducted a second reading and adopted Ordinance No. 2024-1245 by title only.
9. ORDINANCES/INTRODUCTION & FIRST READING
None.
10. PUBLIC HEARINGS
None.
11. REPORTS
11.a CONSIDERATION OF A SPECIAL EVENT APPLICATION TO INCLUDE A STREET CLOSURE TO HOST THE 2024 CHANGING OF THE GUARD
SUMMER KICK OFF PARTY HOSTED BY YE OLDE PLANK INN. (1040-10) City Manager Tyler Foltz gave a PowerPoint presentation.
Councilmembers Fisher, Leyba-Gonzalez and Seabury spoke in support of the event.
City Manager Foltz confirmed that these event applications are usually presented at least 90 days before the event, but there was internal staff miscommunication.
In response to Mayor Aguirre’s question, Martin Mattes confirmed that he will place the picnic tables around the fencing in the front yard to make the area look nicer.
The City Council requested a financial report for the event.
Motion by: Councilmember Leyba-Gonzalez
Seconded by: Mayor Aguirre
To approve the request from the Ye Olde Plank Inn event applicant to host an event with street closure on Saturday, June 1, 2024.
AYES (5): Mayor Aguirre, Mayor Pro Tem McKay, Councilmember Seabury, Councilmember Fisher, Councilmember Leyba-Gonzalez
Motion Carried (5 to 0)
11.b AWARD PUBLIC WORKS CONTRACTS TO A. PREMAN ROOFING, INC., THE GARLAND COMPANY, INC., LOGHMANI & ASSOCIATES DESIGN GROUP, INC. FOR VARIUS SPORTS PARK BUILDING IMPROVEMENTS PROJECTS; AND AUTHORIZE THE APPROPRIATION OF AN ADDITIONAL $1,500,000 TO THE PROJECT City Manager Tyler Foltz gave a PowerPoint presentation.
Mark Williams requested that measures be taken to make sure that the project does not go overtime and budget.
In response to Councilmember Seabury’s questions, City Manager Foltz stated that the pop-out wall material will be made of tile that looks like wood. The rooms inside the building could be rented or used for meetings eventually.
In response to questions of City Council, Assistant Public Works Director Eric Minicilli stated that the timeline for completion of the project would be early 2025; that there should not be any disruption to surrounding facilities during construction; and that if the contract is approved, construction would begin almost immediately.
Councilmember Leyba-Gonzalez stated that it is important to keep project contractors accountable for timing.
Mayor Aguirre stated that she is very excited about all the new and improved projects coming into Imperial Beach. She recommended that the mural on the project be as colorful as possible.
Motion by: Mayor Pro Tem McKay
Seconded by: Councilmember Fisher
To adopt Resolution No. 2024-034 and Resolution No. 2024-035.
AYES (5): Mayor Aguirre, Mayor Pro Tem McKay, Councilmember Seabury, Councilmember Fisher, Councilmember Leyba-Gonzalez
Motion Carried (5 to 0)
12. I.B. REDEVELOPMENT AGENCY SUCCESSOR AGENCY REPORTS
None.
13. ITEMS PULLED FROM THE CONSENT CALENDAR
None.
14. CITY COUNCIL FUTURE AGENDA REQUESTS
Councilmember Leyba-Gonzalez requested the construction of the Butterfly Garden in Districts 3 and 4 be agendized.
15. ADJOURN REGULAR MEETING
Mayor Aguirre adjourned the Regular Meeting at 8:15 p.m. ______________________________ _______________________________ Jacqueline M. Kelly, MMC Paloma Aguirre, Mayor
City Clerk
ATTACHMENT 3
1 CITY OF IMPERIAL BEACH
CITY COUNCIL
REGULAR MEETING MINUTES
June 5, 2024, 6:00 p.m.
Council Chambers
825 Imperial Beach Boulevard
Imperial Beach, CA 91932
Present: Mayor Aguirre, Councilmember Leyba-Gonzalez, Mayor Pro Tem McKay, Councilmember Seabury, Councilmember Fisher
Staff: City Manager Foltz, Chief Administrative Officer Cortez-Martinez, City Attorney Lyon, City Clerk Kelly, Fire Chief French, IT Manager Santos, Finance Director Flyte, Parks and Recreation Director Shannon Bullock The City Council also sits as the Imperial Beach Planning Commission, Public Financing Authority, and Imperial Beach Redevelopment Agency Successor Agency. _____________________________________________________________________
1. CALL TO ORDER
Mayor Aguirre called the Regular and Closed Session Meetings to order at 6:00 p.m.
2. ROLL CALL
City Clerk Kelly took roll.
3. PLEDGE OF ALLEGIANCE
Fire Chief French led the Pledge of Allegiance.
4. REIMBURSEMENT DISCLOSURES/REPORTS ON ASSIGNMENTS AND COMMITTEES Councilmember Leyba-Gonzalez
Farmer's Market
MTS Board of Directors Meeting
SANDAG Board of Directors Meeting
Memorial Day Ceremony
City Council Workshop
Start of Summer event at Ye Olde Plank Inn
Councilmember Fisher
SANDAG Board of Directors meeting
Memorial Day Service
ATTACHMENT 3
2 Councilmember Seabury
Farmer's Market
IB Chamber of Commerce
Memorial Day Ceremony
IB Chamber Board Meeting
City Council Sea Level Rise Workshop
Start of Summer event at Ye Olde Plank Inn
Garden of Innocence 25th Anniversary
South County Economic Development Council meeting
Mayor's Press Conference
South Bay Kiwanis Club meeting
Raising of the Pride Flag
Councilmember McKay
City Council Sea Level Workshop
Memorial Day Ceremony
Mayor Aguirre
Memorial Day Service
Thanked presenters who participated in the Sea Level Rise Workshop San Diego Community Power Board of Directors meeting
Announced Assemblymember David Alvarez’s Woman of the Year is Josie Hamada Fentanyl Forum
South County Economic Development Council meeting
Announced the Join-on Letter by all 18 Mayors for a renewed call to the Governor to call a State of Emergency
Board of Supervisors Meeting to comment in opposition to the Gateway project Encouraged the public to attend the June 25 Board of Supervisors meeting to provide input as it relates to pubic health protection
5. COMMUNICATIONS FROM CITY STAFF
Parks and Recreation Director Bullock announced Art in the Park on June 8.
City Manager Foltz recommended City Council move Item 11.c to a future meeting.
Motion by Councilmember Fisher
Seconded by Councilmember Seabury
To move Item 11.c to a future meeting.
AYES (5): Mayor Aguirre, Councilmember Leyba-Gonzalez, Mayor Pro Tem McKay, Councilmember Seabury, and Councilmember Fisher
Motion Carried (5 to 0)
6. PUBLIC COMMENT
Martin Mattes gave an update on Chamber of Commerce of Activities and thanked Director Bullock for her assistance on the Ye Olde Plank Inn event.
ATTACHMENT 3
3 Peter Honan spoke about the music studio/recording room that used to be at the Sports Park Facility, asked that City Council consider repairing the Adult Education Center roof, and suggested having a makerspace in Imperial Beach.
Brenda Bautista, John Monte, Robert Lucas and Clarissa Esparza thanked Mayor Pro Tem McKay for attending the meeting with Sussex Gardens management, spoke about roof construction concerns and requested stronger protection against rent control and no-fault evictions.
J.P. Cruz stated that he has insight on beach communities and said that he would like to see which direction Imperial Beach is going.
7. PRESENTATIONS
7.a PROCLAMATION RECOGNIZING MEN’S HEALTH WEEK – JUNE 10-16, 2024. (0410- 30)
Mayor Aguirre announced a revised proclamation was submitted as Last Minute Agenda information.
Motion by Councilmember Fisher
Seconded by Mayor Aguirre
To approve the Proclamation.
AYES (5): Mayor Aguirre, Mayor Pro Tem McKay, Councilmember Seabury, Councilmember Fisher, and Councilmember Leyba-Gonzalez
Motion Carried (5 to 0)
Councilmember Fisher read the proclamation. He announced that he, Martin Mattes, and John Haythe will be at the upcoming June 15 Farmer's Market to discuss Men's Mental Health.
No public comments.
Councilmember Seabury spoke in support of men seeking help.
Mayor Pro Tem McKay and Mayor Aguirre commended Councilmember Fisher for bringing the item forward.
7.b PROCLAMATION RECOGNIZING LGBTQIA + PRIDE MONTH – JUNE 2024. (0410- 30)
Councilmember Seabury left Council Chambers at 6:51 p.m. and returned at 6:54 p.m.
Motion by Mayor Pro Tem McKay
Seconded by Councilmember Fisher
To approve the Proclamation.
ATTACHMENT 3
4 AYES (4): Mayor Aguirre, Mayor Pro Tem McKay, Councilmember Fisher, and Councilmember Leyba-Gonzalez
ABSENT (1): Councilmember Seabury
Motion Carried (4 to 0)
Mayor Aguirre read the proclamation.
Written comment in support of the item submitted by Sandra Brillhart.
Patty Bowman spoke in support of the item.
Councilmember Fisher and Mayor Aguirre expressed their appreciation and support of the item.
8. CONSENT CALENDAR
Rebecca Garcia Vado asked City Council to remove Item 8.g from the Consent calendar, expressing concern on if this item is a good idea for the City.
Allen Wiseley spoke in opposition to Item 8.g.
Mayor Pro Tem McKay asked that Item 8.g. to be pulled for discussion at a future meeting.
City Manager Foltz stated that additional research can be done and the item can be looked into further.
Motion by Mayor Aguirre
Seconded by Mayor Pro Tem McKay
To remove Item 8.g from the Consent Calendar.
AYES (5): Mayor Aguirre, Mayor Pro Tem McKay, Councilmember Seabury, Councilmember Fisher, and Councilmember Leyba-Gonzalez
Motion Carried (5 to 0)
Motion by Mayor Aguirre
Seconded by Mayor Pro Tem McKay
To approve Consent Calendar Item Nos. 8.a through 8.f and Item No. 8.h.
AYES (5): Mayor Aguirre, Mayor Pro Tem McKay, Councilmember Seabury, Councilmember Fisher, and Councilmember Leyba-Gonzalez
Motion Carried (5 to 0)
ATTACHMENT 3
5 Motion by Mayor Pro Tem McKay
Seconded by Councilmember Seabury
To trail Item No. 8.g. to the next City Council meeting with a report from staff.
AYES (5): Mayor Aguirre, Mayor Pro Tem McKay, Councilmember Seabury, Councilmember Fisher, and Councilmember Leyba-Gonzalez, Motion Carried (5 to 0)
8.a RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM MAY 4, 2024, TO MAY 24, 2024. (0300-25)
City Council ratified and filed the Warrant Register Report.
8.b RECEIVE TREASURER’S REPORT FOR APRIL 2024 (0300-90).
City Council received and filed the April 2024 Treasurer's Report.
8.c RESOLUTION NO. 2024-043 ADOPTING THE GANN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-25. (0300-95)
City Council adopted Resolution No. 2024-043 adopting the Gann Appropriations Limit for Fiscal Year 2024-25.
8.d RESOLUTION NO. 2024-044 CONTINUING THE PROCLAMATION OF A STATE OF
LOCAL EMERGENCY RELATING TO IMPACTS FROM CROSS-BORDER POLLUTION IN THE TIJUANA RIVER. (0150-40 & 0210-26)
City Council adopted Resolution No. 2024-044 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.e APPROVAL OF NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION RESOLUTION NOS. 2024-40, 2024-41, & 2024-42 TO COMMENCE THE ELECTION PROCESS. (0430-40)
City Council adopted the following resolutions:
1. Resolution No. 2024-40 calling for the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law Cities;
2. Resolution No. 2024-41 requesting the Board of Supervisors of the County of San Diego to conduct and consolidate a General Municipal Election to be held on Tuesday, November 5, 2024, with the Statewide General Election to be held on the same date pursuant to §10403 of the Elections Code; and
ATTACHMENT 3
6 3. Resolution No. 2024-42 adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an election to be held on Tuesday, November 5, 2024.
8.f RESOLUTION NO. 2024-037 OF THE CITY COUNCIL, AUTHORIZING THE CITY MANAGER TO AMEND AN AGREEMENT WITH 4LEAF, INC. (0710-05) City Council adopted Resolution No. 2024-037 authorizing the City Manager or designee to amend the Agreement for Professional Services with 4LEAF, Inc.
8.g WAKELAND HOUSING AND DEVELOPMENT CO.; TIME EXTENSION FOR CP-22- 0013; CUP-22-0013; DRC-22-0025; SPR-22-0026; & CEQA EXEMPTION 15332 FOR 50 AFFORDABLE SENIOR UNITS & NEIGHBORHOOD CENTER AT 455 PALM AVENUE (APN 625-230-23-00). USE-22-0095/MF1467. (0600-20) Item trailed to the next City Council meeting with a report from staff.
8.h RESOLUTION NO. 2024-039 APPROVING AND ADOPTING A SIDE LETTER OF
AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE IMPERIAL BEACH FIREFIGHTERS’ ASSOCIATION, LOCAL 4692. (0540-50) City Council adopted Resolution No. 2024-039, which approves and adopts the Side Letter of Agreement to the MOU between the City and IBFA.
9. ORDINANCES/INTRODUCTION & FIRST READING
None.
10. PUBLIC HEARINGS
None.
11. REPORTS
11.a APPOINTMENTS TO THE VETERANS & MILITARY AFFAIRS COMMITTEE. (0120-95) Mayor Aguirre & Mayor Pro Tem expressed their gratefulness to everyone that applied for the Committee. Mayor Aguirre presented the names of the five committee members for appointment.
Motion by Mayor Pro Tem McKay
Seconded by Councilmember Fisher
To approve the Mayor’s appointments to the Veterans & Military Affairs Committee to serve staggered terms as follows:
Two terms of office shall expire on December 31, 2027:
o John Haythe
o Madeline Foley
Three terms of office shall expire on December 31, 2025:
o Frank Martin
o Thomas Pochedly
o Pan Phyu
Motion Carried (5 to 0)
ATTACHMENT 3
7 11.b INVESTMENT UPDATE PRESENTED BY CHANDLER ASSET MANAGEMENT. (0350-90)
Finance Director Flyte introduced the item.
Genny Lynkiewicz of Chandler Asset Management gave a PowerPoint Presentation.
In response to Councilmember Fisher's questions, Ms. Lynkiewicz stated that the City's portfolio is slightly higher than inflation at this time. She also stated that it is prohibited for the City to purchase certain fossil fuel investments.
In response to Councilmember Seabury's question, Ms. Lynkiewicz stated that the City is exempt from paying taxes on capital gains.
City Council received and filed the investment update report.
11.c SUMMER SAFETY MEASURES IN IMPERIAL BEACH. (0220-05 & 0260-05) This item was moved to a future meeting by prior City Council action.
11.d RESOLUTION NO. 2024-045 AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT WITH TPX COMMUNICATIONS FOR A COMPREHENSIVE NETWORK REFRESH. (0180-20)
IT Manager Santos gave a PowerPoint presentation.
No public comments.
In response to questions of City Council IT Manager Santos stated that this program is both software and hardware based; that the proposed project should not need another full refresh for at least seven years. The refresh will include every department except the Sheriff's Department; that they will be working on having other City staff members available as a backup in case of emergency and his absence. Chief Administrative Office Cortez-Martinez also stated that the City has cybersecurity insurance and they are working on mitigation with the contractor.
Motion by Councilmember Seabury
Seconded by Mayor Aguirre
To approve Resolution No. 2024-045 authorizing the City Manager or designee to execute a Professional Services Agreement with TPx Communications for $186,065 and a $30,035 contingency to the project (T24101) for a comprehensive network refresh.
AYES (5): Mayor Aguirre, Mayor Pro Tem McKay, Councilmember Seabury, Councilmember Fisher, and Councilmember Leyba-Gonzalez, Motion Carried (5 to 0)
ATTACHMENT 3
8 12. I.B. REDEVELOPMENT AGENCY SUCCESSOR AGENCY REPORTS None.
13. ITEMS PULLED FROM THE CONSENT CALENDAR (IF ANY)
None.
14. CITY COUNCIL FUTURE AGENDA REQUESTS
Councilmember Seabury suggested that City Council honor Pastor Douglas Jones with a Proclamation due to his upcoming retirement. Mayor Aguirre seconded the request.
15. ADJOURN REGULAR MEETING
Mayor Aguirre adjourned the Regular Meeting at 7:57 p.m.
16. CLOSED SESSION
Mayor Aguirre called the Closed Session meeting to order at 7:58 p.m.
16.a CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code section 54956.9(d)(1)
Case No.: CJC-24-005310
16.b CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) (1 case)
Existing facts and circumstances pursuant to Government Code Section 54956.9(e)(1) City Attorney Lyon reported out of Closed Session that direction was given and no reportable action was taken.
17. ADJOURN CLOSED SESSION
Mayor Aguirre adjourned the Closed Session at 8:52 p.m.
Jacqueline M. Kelly, MMC
City Clerk
Paloma Aguirre
Mayor
ATTACHMENT 4
1 CITY OF IMPERIAL BEACH
CITY COUNCIL
SPECIAL MEETING MINUTES
May 14, 2024, 5:00 p.m.
Community Room (Behind City Hall)
825 Imperial Beach Blvd.
Imperial Beach, CA 91932
Present: Mayor Aguirre, Mayor Pro Tem McKay, Councilmember Seabury, Councilmember Fisher, Councilmember Leyba-Gonzalez
Staff City Clerk Kelly
The City Council also sits as the Imperial Beach Planning Commission, Public Financing Authority, Housing Authority, And Imperial Beach Redevelopment Agency Successor Agency. _____________________________________________________________________
1. CALL TO ORDER
Mayor Aguirre called the Special Meeting to order at 5:01 p.m.
2. ROLL CALL
City Clerk Kelly took roll.
3. PUBLIC COMMENT
No public comments.
4. INTERVIEWS
4.a INTERVIEW APPLICANTS TO FILL VACANCIES ON THE VETERANS & MILITARY AFFAIRS COMMITTEE. (0120-85)
The Mayor and City Council interviewed the applicants for the Veterans & Military Affairs Committee.
5. ADJOURN SPECIAL MEETING
Mayor Aguirre adjourned the Special meeting at 7:23 p.m.
ATTACHMENT 4
2 Jacqueline M. Kelly, MMC
City Clerk
Paloma Aguirre
Mayor
ATTACHMENT 5
1 CITY OF IMPERIAL BEACH
CITY COUNCIL
SPECIAL MEETING MINUTES
May 29, 2024, 5:00 p.m.
Council Chambers
825 Imperial Beach Boulevard
Imperial Beach, CA 91932
Present: Mayor Aguirre, Mayor Pro Tem McKay, Councilmember Seabury, Councilmember Fisher, Councilmember Leyba-Gonzalez (arrived at 6:02 p.m.)
Staff City Manager Foltz, City Attorney Lyon, Environmental & Natural Resources Director Helmer, Community Development Director Openshaw
The City Council also sits as the Imperial Beach Planning Commission, Public Financing Authority, Housing Authority, And Imperial Beach Redevelopment Agency Successor Agency. _____________________________________________________________________
1. CALL TO ORDER
Mayor Aguirre called the Special Meeting to order at 6:00 p.m.
2. ROLL CALL
City Manager Foltz took the roll.
Mayor Aguirre announced Council discussion and Public Comments will be taken at the end of the meeting to allow for better flow of the presentations.
3. PUBLIC COMMENT
Public Comments were taken at the end of the meeting.
Elsie Sleeter commented on the rise of the ocean over the years.
Jennifer Jackson questioned the short and long term goals of Pond 20.
4. PRESENTATIONS
Community Development Director Openshaw, Dr. Mark Merrifield with Scripps Institution of Oceanography, Brian Leslie Senior Coastal Scientist with GHD, Inc., Dennis Larson Principal with Nexus Planning & Research, and Environmental and Natural Resources Director Helmer
ATTACHMENT 5
2 presented PowerPoint presentations on the topics listed below and responded to questions of City Council.
4.a SCRIPPS INSTITUTION OF OCEANOGRAPHY AT UC SAN DIEGO ON SEA LEVEL RISE PROJECTIONS AND RESEARCH.
4.b SAND NOURISHMENT FOR THE IMPERIAL BEACH SHORELINE.
4.c IMPERIAL BEACH COMMUNITY RESILIENCE PLAN: DISCUSSION ON ADAPTATION STRATEGIES.
4.d BAYSHORE BIKEWAY RESILIENCE PROJECT.
5. ADJOURN SPECIAL MEETING
Mayor Aguirre adjourned the Special meeting at 8:18 p.m.
Tyler Foltz
City Manager
Paloma Aguirre
Mayor
June 18, 2024
ITEM TITLE: RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM MAY 25, 2024, TO JUNE 7, 2024. (0300-25)
ORIGINATING DEPARTMENT: Finance
EXECUTIVE SUMMARY:
Staff is recommending that the City Council ratify the accompanying Warrant Register for the period from May 25, 2024, to June 7, 2024, in the amount of $5,435,086.24.
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 May 25, 2024, to June 7, 2024, in the amount of $5,435,086.24, is being presented for ratification by the City Council. Payments have been reviewed and approved by the appropriate department staff. The Finance Director or designee certifies the accuracy of the attached register and the availability of funds for payment.
Warrants above $100,000 have been highlighted and explained in the table below:
VENDOR CHECK DESCRIPTION AMOUNT
SAN DIEGO COUNTY SHERIFF 103168 APR 2024 SHERIFF SERVICES $ 700,024.87
The following registers are submitted for Council ratification:
Accounts Payable:
DATE CHECK NUMBER AMOUNT(S)
5/30/2024 CK103101-CK103136 $ 381,339.18
6/6/2024 CK103137-CK103181 805,032.00
Sub-Total $ 1,186,371.18
DATE EFT/DRAFT NUMBER AMOUNT(S)
N/A
Sub-Total $
Total reflected in the attached Expense Approval Report: $ 1,186,371.18 Check Reversals/Voids:
DATE CHECK/EFT NUMBER AMOUNT(S)
N/A
Sub-Total $
Payroll Checks/Direct Deposits
DATE CHECK/EFT NUMBER AMOUNT(S)
6/6/2024 CK49103-109; EFT0000191 $ 248,715.06
Sub-Total $ 248,715.06
TOTAL: $ 1,435,086.24
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 – 05.25.2024-06.07.2024
6/7/2024 3:48:01 PM Page 1 of 7
Expense Approval Report
Imperial Beach, CA By (None)
Payment Dates 5/25/2024 - 6/7/2024
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 05/30/2024 103101 4LEAF INC 04/01-04/30 DAN HORBERT J4252A 101-1230-413.2006 5,880.00 05/30/2024 103102 ADVANCED IMAGING SOLUT… 02/20/24-05/19/24 COPIER … 36647983 101-1920-419.2017 1,547.00 05/30/2024 103102 ADVANCED IMAGING SOLUT… 04/20/24-05/19/24 COPIER L…36647983 101-1920-419.2017 2,913.02 05/30/2024 103103 ASCAP PREVIOUS BALANCE LICENSE …04-20-2024 101-6014-451.2814 437.50 05/30/2024 103104 CANDELARIA RAMIREZ APR 2024 CHAIR/FLOOR YO… 562024CR12 101-6010-451.2107 148.80 05/30/2024 103105 CASTLE BY DESIGN 2024 MAY- EDWARD ROEDER…5624ED2 101-6010-451.2107 180.00 05/30/2024 103106 CHULA VISTA ELECTRIC CO SENIOR CENTER DATA INVEST…6672001 214-5000-532.2006 1,856.00 05/30/2024 103107 CINTAS CORPORATION 5/21/24 FACILITIES MATS 4193299559 101-1910-419.2006 240042 33.99 05/30/2024 103107 CINTAS CORPORATION 05/21/24 PUBLIC WORKS UN…4193299932 101-5020-432.2503 332.82 05/30/2024 103108 CONNIE GATLIN APR 2024 - FIT 4 DRUMS (5 C… 5624CG3 101-6030-453.2310 225.00 05/30/2024 103109 CORODATA RECORDS MANA… APR 2024 RECORD STORAGE …RS5011744 101-1230-413.2006 63.81 05/30/2024 103110 FLYERS ENERGY LLC 05/02/24- FUEL DELIVERY 24-085880 501-1921-419.2815 4,890.41 05/30/2024 103110 FLYERS ENERGY LLC 05/09/24- FUEL DELIVERY 24-089821 501-1921-419.2815 5,322.48 05/30/2024 103110 FLYERS ENERGY LLC 05/23/2024- FUEL DELIVERY 24-100752 501-1921-419.2815 4,946.24 05/30/2024 103111 GHD INC. SRVCS THROUGH 03/31/2024…380-0049231 214-1230-413.2006 6,473.40 05/30/2024 103111 GHD INC. SRVCS THROUGH 04/30/2024…380-0050763 214-1230-413.2006 28,772.75 05/30/2024 103112 GO-STAFF, INC. WE 05/05/24 PARKS TEMP S… 318824 101-6020-452.2101 240191 1,034.69 05/30/2024 103112 GO-STAFF, INC. WE 5/19/24 PARKS TEMP ST… 319281 101-6020-452.2101 240191 1,293.36 05/30/2024 103113 GRAINGER PADLOCKS 3/4 (12) - PADLO… 9127133248 101-6040-454.3002 240036 220.50 05/30/2024 103114 KIMLEY-HORN AND ASSOCIA… MAR 2024 - SPORTS PARK RE…27843963 420-6020-552.2006 230314-R1 483.85 05/30/2024 103114 KIMLEY-HORN AND ASSOCIA… MAR 2024 - SPORTS PARK RE…27843963 420-6020-552.2006 230314-R1 1,094.30 05/30/2024 103114 KIMLEY-HORN AND ASSOCIA… MAR 2024 - SPORTS PARK RE…27843963 420-6020-552.2006 230314-R1 1,128.97 05/30/2024 103114 KIMLEY-HORN AND ASSOCIA… MAR 2024 - SPORTS PARK RE…27843963 420-6020-552.2006 230314-R1 1,091.82 05/30/2024 103114 KIMLEY-HORN AND ASSOCIA… APR 2024 - SPORTS PARK RE… 28150669 420-6020-552.2006 230314-R1 1,575.42 05/30/2024 103114 KIMLEY-HORN AND ASSOCIA… APR 2024 - SPORTS PARK RE… 28150669 420-6020-552.2006 230314-R1 1,579.00 05/30/2024 103115 LORENA ALLEN MAY 2024 IB WALKING - SEN… 51324LA9 101-6030-453.2310 200.00 05/30/2024 103116 MELINDA EVERETT 04/10/24 & 05/11/24 - USA … 41124ME1 214-6010-451.2808 675.00 05/30/2024 103117 MICHAEL BAKER INTERNATI… THROUGH 04/28/24 - 9TH ST …1212641 202-5016-531.2006 240115 2,077.30 05/30/2024 103117 MICHAEL BAKER INTERNATI… THROUGH 04/28/24 - 9TH ST …1212641 214-5000-532.2006 240115 18,695.71 05/30/2024 103117 MICHAEL BAKER INTERNATI… PS-8 EMERGENCY REPAIRS T… 1213451 601-5060-536.2006 240100 4,000.00 05/30/2024 103118 ODP BUSINESS SOLUTIONS, L…COMPOSITION BOOK (2), ST… 36091247001 101-6030-453.3002 52.19 05/30/2024 103118 ODP BUSINESS SOLUTIONS, L…SHEET (3 ), BINDER (3), LEGAL…360952153001 101-6010-451.3001 89.95 05/30/2024 103119 O'REILLY AUTO PARTS #3980 TRUCK A-8 OIL LIGHT SWITCH 3980-149237 501-1921-419.2816 13.13 05/30/2024 103119 O'REILLY AUTO PARTS #3980 KNOCK SENSOR (2), IGN WIR… 3980-149471 501-1921-419.2816 -521.66 05/30/2024 103119 O'REILLY AUTO PARTS #3980 WASH SOAP AND PAINT 3980-149472 501-1921-419.2816 53.59 05/30/2024 103119 O'REILLY AUTO PARTS #3980 BRAKE PADS, BRAKE ROTOR,… 3980-150874 501-1921-419.2816 599.04 05/30/2024 103119 O'REILLY AUTO PARTS #3980 DRUM HDW KIT 3980-151773 501-1921-419.2816 27.19 05/30/2024 103119 O'REILLY AUTO PARTS #3980 STARTER, BRAKE BOLT KIT (2) 3980-151784 501-1921-419.2816 136.49 ATTACHMENT 1
Expense Approval Report Payment Dates: 5/25/2024 - 6/7/2024 6/7/2024 3:48:01 PM Page 2 of 7
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 05/30/2024 103119 O'REILLY AUTO PARTS #3980 BATTERY, CORE CHARGE, BA… 3980-152054 501-1921-419.2816 180.77 05/30/2024 103119 O'REILLY AUTO PARTS #3980 EPOXY PAINT, SEAM SEALER,… 3980-152392 501-1921-419.2816 43.29 05/30/2024 103120 PLUMBERS DEPOT INC. GINCH SCOOP & POLE PD-56162 601-5060-436.3002 240186 499.33 05/30/2024 103121 PRIME SPORTS SALES & DESI… GOALS AND EQUIPMENT - P… 56398 214-5000-532.2006 240221 9,753.67 05/30/2024 103122 PUBLIC RESTROOM COMPANY MAY 2024 RESTROOM REPL… 25370 420-6020-552.2006 230248-R1 33,885.00 05/30/2024 103123 ROGER TUCKER APR 2024 PRE-EMPLOYMENT…279 101-1130-412.2006 50.00 05/30/2024 103124 SAN DIEGO OCEAN ENTERPRI…ANNUAL AIR FILLS & MAINT… 547316 101-3030-423.2801 342.72 05/30/2024 103125 SLOAN ELECTRIC COMPANY PS #8 VFD PROGRAMMING … 573872 601-5060-436.2006 825.00 05/30/2024 103126 STC TRAFFIC, INC. PW09 - PALM AVE ATP 7072 101-5010-431.2006 240134 3,790.00 05/30/2024 103126 STC TRAFFIC, INC. PW00 - GENERAL SERVICES 7072 101-5010-431.2104 170.00 05/30/2024 103126 STC TRAFFIC, INC. PW06-TMC & COMM SYSTE… 7072 202-5016-531.2006 230159-R1 11,660.00 05/30/2024 103127 SUZANNE DUVALL MAR 2024 ZUMBA GOLD - 2 … 562024SD11 101-6010-451.2107 79.80 05/30/2024 103127 SUZANNE DUVALL APR 2024 CHAIR/GOLD ZUM… 562024SD12 101-6010-451.2107 49.20 05/30/2024 103128 TERRA BELLA NURSERY, INC. 5G VERBENA LILACINIA 'DE L… 476389 101-6040-454.3002 258.43 05/30/2024 103129 TRUE NORTH COMPLIANCE S…SENIOR BLDG INSPECTOR SR… 24-03-02-028 101-3040-424.2006 1,710.00 05/30/2024 103129 TRUE NORTH COMPLIANCE S…APR 2024 - BLDG OFFICIAL/I… 24-04-01-028 101-3040-424.2006 16,860.00 05/30/2024 103129 TRUE NORTH COMPLIANCE S…APR 2024 - SENIOR BUILDING…24-04-02-028 101-3040-424.2006 2,880.00 05/30/2024 103130 TYLER TECHNOLOGIES INC 04/02/24-08/31/24 ASSIST C… 025-462577 503-1923-419.2104 240222 24,986.30 05/30/2024 103131 U.S. BANK CORPORATE PAY… APR-MAY 2024 P-CARD CHA… 5-22-2024 101-1210-413.2102 34,990.06 05/30/2024 103132 UNIVERSITY OF SAN DIEGO, … FY23-24 SDRCC MEMBERSHIP…24-0521-002 101-5050-435.2812 2,000.00 05/30/2024 103133 VERIZON WIRELESS 04/20/24-05/19/24- SIM CA… 9964588560 101-3020-422.2705 111.14 05/30/2024 103134 WATKINS ENVIRONMENTAL … MAY 2024 VETERAN PARK T… 5041-1 504-1924-519.2006 240240 42,100.00 05/30/2024 103134 WATKINS ENVIRONMENTAL … MAY 2024 VETERAN PARK T… 5041-1 504-1924-519.2006 500.00 05/30/2024 103135 WESTERN RIM CONSTRUCTO…APR 2024 VET PARK/MULTI-… 06 214-0000-202.0000 -4,941.15 05/30/2024 103135 WESTERN RIM CONSTRUCTO…APR 2024 VETERAN'S PARK/… 06 214-5000-532.2006 240107 79,222.05 05/30/2024 103135 WESTERN RIM CONSTRUCTO…CO#3 RELOCATE WATER LINE…06 214-5000-532.2006 240107 10,083.41 05/30/2024 103135 WESTERN RIM CONSTRUCTO…APR 2024 VETERAN'S PARK/… 06 214-5000-532.2006 240107 7,670.50 05/30/2024 103135 WESTERN RIM CONSTRUCTO…APR 2024 VETERAN'S PARK/… 06 214-5000-532.2006 240107 1,847.00 05/30/2024 103136 WHITE CAP CONSTRUCTION … 50LB BAG WUNDERFIXX RAP… 10019954066 101-5010-431.3002 109.60 06/06/2024 103137 AARON N MORGAN MAY 2024 (2.25 H) - CLASSIFI…06-03-2024 101-1130-412.2006 101.25 06/06/2024 103138 ALLIED STORAGE CONTAINE… DELIVERED 4/30 - VETERANS… S40406925 420-5000-532.2006 240209 6,715.31 06/06/2024 103139 AZTEC LANDSCAPING INC MAY 2024 SR75 MEDIAN/PA… L4486 101-5010-431.2006 240231 8,119.24 06/06/2024 103139 AZTEC LANDSCAPING INC MAY 2024 LANDSCAPE/STO… L4487 101-5050-435.2801 240049 2,860.80 06/06/2024 103140 California Board of Accounta… LILY FLYTE CPA LICENSE FEE 06-03-2024 101-1210-413.2813 280.00 06/06/2024 103141 CALIFORNIA ELECTRIC SUPPLY SOLAR LIGHT - PW PARKING … 1069-1051106 101-5010-431.2123 1,114.69 06/06/2024 103142 CALIFORNIA ULTIMATE ASSO…YOUTH CLINIC(2), PROJECT D…1610 214-6010-451.2808 1,750.00 06/06/2024 103143 COUNTY OF SAN DIEGO EXEMPT FEE USE-24-0006 - 5…06-04-2024 USE-24-0006 101-0000-221.0102 50.00 06/06/2024 103144 COUNTY OF SAN DIEGO EXEMPT FEE USE-23-0038 - 1…06-04-2024 USE-23-0038 101-0000-221.0102 50.00 06/06/2024 103145 COUNTY OF SAN DIEGO EXEMPT FEE USE-24-0015 - 5…06-04-2024 USE-24-0015 101-1230-413.2102 50.00 06/06/2024 103146 COUNTY OF SAN DIEGO EXEMPT FEE USE-24-0031 - 5…06-0-2024 USE-24-0031 101-1230-413.2102 50.00 06/06/2024 103147 EL TAPATIO INC 06/05/24 CITY COUNCIL DIN… 06-05-2024 101-1010-411.2804 210.80 06/06/2024 103148 GINA TANG ROVER THE BUS - JUN 8TH A… 104 101-6014-451.2808 1,000.00 06/06/2024 103149 GO-STAFF, INC. WE 05/2/24 PARKS TEMP ST… 319508 101-6020-452.2101 240191 1,293.36 06/06/2024 103150 GRAINGER SANDING BELT (12), PADDLE …9120148631 601-5060-436.3002 240068 325.66
Expense Approval Report Payment Dates: 5/25/2024 - 6/7/2024 6/7/2024 3:48:01 PM Page 3 of 7
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 06/06/2024 103150 GRAINGER PERSONAL EYE WASH BOTTLE…9125450958 601-5060-436.3002 240068 177.87 06/06/2024 103150 GRAINGER GENERAL PURPOSE RELAY, 1… 9130065080 601-5060-436.3002 240068 226.00 06/06/2024 103151 HAYES BOLT AND SUPPLY HEX CAP SCREWS (60) 228016 601-5060-436.3002 265.07 06/06/2024 103151 HAYES BOLT AND SUPPLY HEX CAP SCREWS (32) CHAM…228140 601-5060-436.3002 212.27 06/06/2024 103152 I.B. CLEARWATER L.L.C. 05-29-2024 WATER DELIVERY…5/29/24 101-3020-422.3002 19.37 06/06/2024 103152 I.B. CLEARWATER L.L.C. 06-03-2024 WATER DELIVERY…6/03/24 101-3020-422.3002 12.62 06/06/2024 103153 IPMA/SAN DIEGO INTERNAT… 06/12/24 HR/PSHRA TRAINI… 05-29-2024 101-1130-412.2804 35.00 06/06/2024 103154 JEFFREY SCOTT ARVESON MAY 2024 - DEAD ANIMAL R… 06022024 101-3050-425.2006 240182 347.00 06/06/2024 103155 JORGE A VELAZQUEZ J.R TAEKWONDO - TEAM JUST 4 …5222024TJ4K1 101-6010-451.2107 204.00 06/06/2024 103156 KANE, BALLMER & BERKMAN LEGAL SERVICES RENDERED … 25420 216-1240-413.2001 2,035.00 06/06/2024 103156 KANE, BALLMER & BERKMAN LEGAL SERVICES RENDERED … 28546 303-1250-413.2001 687.50 06/06/2024 103157 LEIGHTON CONSULTING, INC 04/15/24-05/03/24 GEOTEC… 62638 420-6020-552.2006 240227 4,677.96 06/06/2024 103158 LIEBERT, CASSIDY, WHITMO…APR 2024 - LEGAL SRVCS FOR…266564 101-1130-412.2006 146.00 06/06/2024 103158 LIEBERT, CASSIDY, WHITMO…WORKPLACE VIOLENCE PREV…8075 502-1922-419.2904 3,500.00 06/06/2024 103159 MAINTEX, INC. D BATTERIES (24), BROOM, L… 1087806-00 101-1910-419.3002 412.83 06/06/2024 103159 MAINTEX, INC. LINER (4 CASES), TISSUE (4 C… 1088386-00 101-6020-452.3002 669.63 06/06/2024 103160 MIDAMERICA ADMINISTRATI…CY24 Q1 ADMIN/PLATFORM …0256516 101-1130-412.2006 165.00 06/06/2024 103161 NEXTAFF GROUP, LLC. WE 04/07/24 HR TEMP E M… 5056440 101-1020-411.2101 600.00 06/06/2024 103161 NEXTAFF GROUP, LLC. WE 04/07/24 HR/CC TEMP E… 5056440 101-1130-412.2101 600.00 06/06/2024 103161 NEXTAFF GROUP, LLC. WE 05/12/24 HR/CC TEMP E… 5057516 101-1020-411.2101 600.00 06/06/2024 103161 NEXTAFF GROUP, LLC. WE 05/12/24 HR/CC TEMP E… 5057516 101-1130-412.2101 600.00 06/06/2024 103161 NEXTAFF GROUP, LLC. WE 05/19/24 HR/CC TEMP E… 5057602 101-1020-411.2101 740.63 06/06/2024 103161 NEXTAFF GROUP, LLC. WE 05/19/24 HR/CC TEMP E… 5057602 101-1130-412.2101 600.00 06/06/2024 103161 NEXTAFF GROUP, LLC. WE 05/19/24 HR/CC TEMP E… 5057769 101-1020-411.2101 300.00 06/06/2024 103161 NEXTAFF GROUP, LLC. WE 05/19/24 HR/CC TEMP E… 5057769 101-1130-412.2101 815.63 06/06/2024 103162 NV5 INC PROF. SVCS 4/1-4/30 O'NEAL…391036 504-1924-519.2006 782.80 06/06/2024 103163 OUTDOOR CULTURE INC. RINSEKIT ROOF RACK SHOW… 124887 101-3030-423.3002 240210 -164.99 06/06/2024 103163 OUTDOOR CULTURE INC. RINSEKIT ROOF RACK SHOW… 124887 101-3030-423.3002 240210 1,181.70 06/06/2024 103164 PADRE JANITORIAL SUPPLIES BLK BAGS (3 CASES), LEMON… 4405 101-6040-454.3002 364.58 06/06/2024 103165 PROTECTION ONE ALARM M… SERVICES PROVIDED 06/01/2…155065377 601-5060-436.2023 461.00 06/06/2024 103166 ROBERT HALF/ACCOUNTEM… WE 5/24/24 FINANCE TEMP … 63645687 101-1210-413.2101 1,821.60 06/06/2024 103166 ROBERT HALF/ACCOUNTEM… WE 05/31/24 FINANCE TEMP…63660956 101-1210-413.2101 1,411.74 06/06/2024 103167 ROGER TUCKER MAY 2024 PRE-EMPLOYMEN… 298 101-1130-412.2006 275.00 06/06/2024 103168 SAN DIEGO COUNTY SHERIFF APR 2024 SHERIFF SRVCS SH… 04-01-2024 101-0000-338.6003 -1,001.49 06/06/2024 103168 SAN DIEGO COUNTY SHERIFF APR 2024 SHERIFF SRVCS SH… 04-01-2024 101-3010-421.2006 1,345.69 06/06/2024 103168 SAN DIEGO COUNTY SHERIFF APR 2024 SHERIFF SRVCS SH… 04-01-2024 101-3010-421.2006 683,563.77 06/06/2024 103168 SAN DIEGO COUNTY SHERIFF APR 2024 SHERIFF SRVCS SH… 04-01-2024 212-3036-421.2006 16,116.90 06/06/2024 103169 SAN DIEGO ELEVATOR AND L… 03/25/24 REPAIR SRVCS - SA… 7501 214-5000-532.2006 3,500.00 06/06/2024 103170 SAN DIEGO STATE UNIVERSITY SYMPHONY BY THE SEA - 2 T… 10001 101-6014-451.2808 500.00 06/06/2024 103171 SD LUXURY LIMOS SHUTTLE BUS 05/18 RADY'S … 31126 101-6030-453.2310 1,140.75 06/06/2024 103172 SHARP REES-STEALY MEDICAL…APR 2024 PRE-EMPLOYMENT…100074 101-1130-412.2104 215.00 06/06/2024 103173 SIGNAL HILL AUTO ENTERPRI… TISSUE (2 CASES) TOWELS (2 …063668 101-6040-454.3002 589.30 06/06/2024 103174 SITEONE LANDSCAPE SUPPLY,…ROTOR 4IN. RISER (6), PVC C… 141930853-001 101-6040-454.3002 292.30 06/06/2024 103174 SITEONE LANDSCAPE SUPPLY,…FERTILIZER 50 LBS. (3) 142103273-001 101-6040-454.3002 140.99
Expense Approval Report Payment Dates: 5/25/2024 - 6/7/2024 6/7/2024 3:48:01 PM Page 4 of 7
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 06/06/2024 103175 STATE CONTROLLER FY2023 FTB OFFSETS FTB-00006901 101-1210-413.2027 133.46 06/06/2024 103176 TRANE U.S. INC. TURN-KEY HVAC INSTALL - S… 314554575 601-0000-202.0000 -1,347.90 06/06/2024 103176 TRANE U.S. INC. TURN-KEY HVAC INSTALL - S… 314554575 601-5060-436.2801 240212 26,958.00 06/06/2024 103177 US MOBILE WIRELESS COM… HANDHELD RADIO BATTERIES…INV826385 101-3030-423.5007 1,586.88 06/06/2024 103178 VALENTINA MARTIN ONE MAN BAND - SATURDAY…JUNE 4, 2024 101-6014-451.2808 600.00 06/06/2024 103179 WORKSPACE INTERIORS BY O…COMM ROOM IMPROVEME… 363444661 401-1910-532.2006 240167 20,819.43 06/06/2024 103180 SD LUXURY LIMOS 7/3/2024 30PAX SHUTTLE - … 31680 101-6030-453.2804 600.00 06/06/2024 103181 STATE OF CALIFORNIA - DEP… FIREWORKS TRAINING FOR … JUNE 11 2024 101-3020-422.2804 525.00 Grand Total: 1,186,371.18
Expense Approval Report Payment Dates: 5/25/2024 - 6/7/2024 6/7/2024 3:48:01 PM Page 5 of 7
Report Summary
Fund Summary
Fund Payment Amount
101 - GENERAL FUND 795,222.71
202 - PROP "A" (TRANSNET) FUND 13,737.30
212 - SLESF (COPS) FUND 16,116.90
214 - MISCELLANEOUS GRANTS 165,358.34
216 - HOUSING AUTHORITY 2,035.00
303 - REDEV OBLIG RETIRE FUND 687.50
401 - CAPITAL IMPROVEMENT FUND 20,819.43
420 - PARKS MAJOR MAINTENAN CIP 52,231.63
501 - VEHICLE REPLACEMENT/MAINT 15,690.97
502 - RISK MANAGEMENT FUND 3,500.00
503 - TECHNOLOGY/COMMUNICATIONS 24,986.30
504 - FACILITY MAINT/REPLACEMNT 43,382.80
601 - SEWER ENTERPRISE FUND 32,602.30
Grand Total: 1,186,371.18
Account Summary
Account Number Account Name Payment Amount
101-0000-221.0102 DEVELOPER DEPOSITS 100.00
101-0000-338.6003 VEHICLE IMPOUND FEE -1,001.49
101-1010-411.2804 TRAVEL, TRAINING, MEE… 210.80
101-1020-411.2101 TEMPORARY STAFFING 2,240.63
101-1130-412.2006 PROFESSIONAL SERVICES 737.25
101-1130-412.2101 TEMPORARY STAFFING 2,615.63
101-1130-412.2104 TECHNICAL SERVICES 215.00
101-1130-412.2804 TRAVEL, TRAINING, MEE… 35.00
101-1210-413.2027 BANKING/FIN SVC CHAR… 133.46
101-1210-413.2101 TEMPORARY STAFFING 3,233.34
101-1210-413.2102 ADMINISTRATION CHAR… 34,990.06
101-1210-413.2813 FEES & LICENSES 280.00
101-1230-413.2006 PROFESSIONAL SERVICES 5,943.81
101-1230-413.2102 ADMINISTRATION CHAR… 100.00
101-1910-419.2006 PROFESSIONAL SERVICES 33.99
101-1910-419.3002 OPERATING SUPPLIES 412.83
101-1920-419.2017 COPIER LEASES 4,460.02
101-3010-421.2006 PROFESSIONAL SERVICES 684,909.46
101-3020-422.2705 UTILITIES-CELL PHONES 111.14
101-3020-422.2804 TRAVEL, TRAINING, MEE… 525.00
101-3020-422.3002 OPERATING SUPPLIES 31.99
101-3030-423.2801 MAINTENANCE & REPAIR 342.72
101-3030-423.3002 OPERATING SUPPLIES 1,016.71
Expense Approval Report Payment Dates: 5/25/2024 - 6/7/2024 6/7/2024 3:48:01 PM Page 6 of 7
Account Summary
Account Number Account Name Payment Amount
101-3030-423.5007 PORT EQUIPMENT - REI… 1,586.88
101-3040-424.2006 PROFESSIONAL SERVICES 21,450.00
101-3050-425.2006 PROFESSIONAL SERVICES 347.00
101-5010-431.2006 PROFESSIONAL SERVICES 11,909.24
101-5010-431.2104 TECHNICAL SERVICES 170.00
101-5010-431.2123 TRAFFIC CONTROL 1,114.69
101-5010-431.3002 OPERATING SUPPLIES 109.60
101-5020-432.2503 RENT-UNIFORMS 332.82
101-5050-435.2801 MAINTENANCE & REPAIR 2,860.80
101-5050-435.2812 MEMBERSHIP DUES 2,000.00
101-6010-451.2107 CONTRACTS - RECREATI… 661.80
101-6010-451.3001 OFFICE SUPPLIES 89.95
101-6014-451.2808 COMMUNITY PROGRAMS 2,100.00
101-6014-451.2814 SUBSCRIPTIONS 437.50
101-6020-452.2101 TEMPORARY STAFFING 3,621.41
101-6020-452.3002 OPERATING SUPPLIES 669.63
101-6030-453.2310 SENIOR PROGRAMS 1,565.75
101-6030-453.2804 TRAVEL, TRAINING, MEE… 600.00
101-6030-453.3002 OPERATING SUPPLIES 52.19
101-6040-454.3002 OPERATING SUPPLIES 1,866.10
202-5016-531.2006 PROFESSIONAL SERVICES 13,737.30
212-3036-421.2006 PROFESSIONAL SERVICES 16,116.90
214-0000-202.0000 CONTRACT RETENTION … -4,941.15
214-1230-413.2006 PROFESSIONAL SERVICES 35,246.15
214-5000-532.2006 PROFESSIONAL SERVICES 132,628.34
214-6010-451.2808 COMMUNITY PROGRAMS 2,425.00
216-1240-413.2001 ATTORNEY SERVICES 2,035.00
303-1250-413.2001 ATTORNEY SERVICES 687.50
401-1910-532.2006 PROFESSIONAL SERVICES 20,819.43
420-5000-532.2006 PROFESSIONAL SERVICES 6,715.31
420-6020-552.2006 PROFESSIONAL SERVICES 45,516.32
501-1921-419.2815 VEHICLE OPERATE-FUEL… 15,159.13
501-1921-419.2816 VEHICLE OPERATE-PARTS… 531.84
502-1922-419.2904 OTHER SERVICES & CHA… 3,500.00
503-1923-419.2104 TECHNICAL SERVICES 24,986.30
504-1924-519.2006 PROFESSIONAL SERVICES 43,382.80
601-0000-202.0000 CONTRACT RETENTION … -1,347.90
601-5060-436.2006 PROFESSIONAL SERVICES 825.00
601-5060-436.2023 SECURITY & ALARM 461.00
601-5060-436.2801 MAINTENANCE & REPAIR 26,958.00
601-5060-436.3002 OPERATING SUPPLIES 1,706.20
Expense Approval Report Payment Dates: 5/25/2024 - 6/7/2024 6/7/2024 3:48:01 PM Page 7 of 7
Account Summary
Account Number Account Name Payment Amount
601-5060-536.2006 PROFESSIONAL SERVICES 4,000.00
Grand Total: 1,186,371.18
Project Account Summary
Project Account Key Payment Amount
**None** 918,822.40
23-0038-DEP 50.00
24-0006-DEP 50.00
F24101-P 20,819.43
GRT068-EXP 200.00
GRT072-EXP 2,425.00
H19101-P 2,035.00
P21107-P 6,715.31
P22102-ARPA 98,822.96
P22102-NRPA 9,753.67
P23101-C 37,036.09
P23101-D 1,128.97
P23101-I 7,351.26
S20112-P 11,660.00
S22101-ENG 18,695.71
S22101-TRANSNET 2,077.30
SP1306-P 687.50
SP1509-EXP 500.00
SP2021-EXP 210.80
SP22101-PALM 3,500.00
SP22101-SR 1,856.00
SP22106-EXP 1,140.75
SP23102-P 35,246.15
SP24101-EXP 1,586.88
W23101-P 4,000.00
Grand Total: 1,186,371.18
P a g e | 1
June 18, 2024
ITEM TITLE: APPROVAL OF SPECIAL EVENT PERMIT APPLICATION FOR THE IMPERIAL BEACH ATHLETIC CLUB (IBAC) 2024 SUMMER SERIES AND USE OF DESIGNATED BEACH SPACE. (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 the Imperial Beach Athletic Club (IBAC) to host their annual summer beach sports series to include a cornhole, horseshoe, and over the line tournament for City Council consideration and approval. The three events will be held on three different weekends in July, September, and October 2024 in a designated beach location. IBAC is also requesting a fee waiver for the September and October event dates.
RECOMMENDATION:
Staff recommends the City Council approve a special event permit application requested from IBAC to host their annual event series for a cornhole tournament on July 20 - 21, a horseshoe tournament on September 14, and an over the line tournament on October 5 - 6 in designated beach locations.
Staff also recommends the City Council consider approving the fee waiver request for the special event fees that are eligible for a fee waiver for the September and October event series dates.
OPTIONS:
Approval of staff recommendation for the special event permit and fee waiver 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.
Imperial Beach Athletic Club (IBAC) has requested to host their annual event series to include a cornhole, horseshoe, and an over the line tournament to bring family-friendly sports to Imperial
P a g e | 2
Beach. Staff has received the special event permit application for the use of designated beach locations for the dates of July 20 - 21, September 14, and October 5 - 6, 2024. Each tournament will begin at 8:00 am and end at 6:00 pm with a setup time beginning at 6:00 am and a breakdown of event courts at 6:30 pm. The event coordinators for the IBAC event series will be required to send out resident notification letters to inform those that will be affected by the increased noise and sectioned off beach areas those days. No alcohol is requested for the event series.
IBAC is requesting city staff support for all dates and a fee waiver for the September and October event series dates. Per the Special Event Fee Waiver and Sponsorship Policy, the City Council may consider waiving the event fees for a horseshoe tournament on September 14 and an over the line tournament on October 5 - 6 in designated beach locations. IBAC meets the eligibility criteria to request and receive a fee waiver under the policy. The application fee, direct cost and staff time are not eligible for a fee waiver or reduction per the Policy.
The July date does not qualify for a special event fee waiver per the special event policy. The July event series date is held between Memorial Day and Labor Day (Monday, May 27, 2024 – Monday, September 2, 2024) and during these dates, no fee waivers will be issued for any events.
Fees for city staff support will be charged in accordance with the city fee schedule.
If the event series and fee waiver are approved, conditions would be provided for the event, such as a non-disparagement clause and waiver and release agreement. If fee waiver is approved a formal presentation required to be provided to the City Council no more than 60 days following the event, to include the number of attendees, benefit to the community, positive economic impact, and overview of the event budget and financial outlook.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT:
This event requires special event fees including staff fees. The fees would be paid directly by the event producer prior to the event and a special event permit being issued. Any related cost including staff cost not billed before the event would be invoiced after the event as a “cost recovery” based on actual additional staff time occurred during the event.
The event series is also requesting a special event fee waiver for the September and October event series dates in the amount of $1,725.00. The application fee, direct cost and staff time are not eligible for a fee waiver or reduction per the Policy.
ATTACHMENTS:
ATT 1 – IBAC 2024 Summer Event Series Application
ATT 2 – IBAC Event Series Layout Maps and Event Timelines ATT 3 – IBAC 2024 Summer Event Fee Waiver Request
ATT 4 – City Staff Comments
Submission ID 3841ec15 9efd 4758 9fa9 6f6f33890f20 Page 1/6 Special Event Permit Application
06/04/2024 3:45 PM (PDT)
Special Event Permit Application
Yes
Yes
IBAC 2024 SUMMER SERIES EVENTS
07/20/2024
i.
07/21/2024
ii.
09/14/2024
iii.
10/05/2024
iv.
10/06/2024
No
7:00 AM (PDT)
8:00 AM (PDT)
ATTACHMENT 1
Submission ID 3841ec15 9efd 4758 9fa9 6f6f33890f20 Page 3/6 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
8 8
0 07/20/2024 7:00 AM (PDT)
07/20/2024 6:00 PM (PDT)
Portable Restrooms, Handwashing Stations, & 3 Compartment Sinks 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
Submission ID 3841ec15 9efd 4758 9fa9 6f6f33890f20 Page 6/6 06/04/2024
ATTACHMENT 2
EVENT TIMELINE
Imperial Beach Athletic Club
CORNHOLE Tournament 7/20/2024-7/21/2024
Schedule of event
SATURDAY 7/20/2024- SUNDAY 7/21/2024
6:30am: Set up at end of DAHLIA at beach. COURTS, canopies & tables 8:00am Tournament start
6:30pm Clean up
EVENT TIMELINE
Imperial Beach Athletic Club
HORSESHOE Tournament 9/14/2024
Schedule of event
SATURDAY 9/14/2024
6:30am: Set up at end of ELM at beach. COURTS, canopies & tables 8:00am Tournament start
6:30pm Clean up
EVENT TIMELINE
Imperial Beach Athletic Club
OTL Tournament 10/5/2024-10/6/2024
Schedule of event
SATURDAY 10/5/24- SUNDAY 10/6/24
6:30am: Set up at end of IB BLVD at beach. OTL COURTS, canopies & tables
8:00am Tournament start
6:30pm Clean up
SPECIAL EVENT FEE WAIVER FORM
II. Please describe the event, its purpose, and the activities that will take place:
Ill. Is this event open to the public? Yes @ No Q
IV. Is your event or activity political or religious in nature? QYes V. Have you received financial assistance from the City of Imperial Beach in the past? If yes, please describe when, how much was received, and how the funds were used. 5 ' ,t/ <- N\.°"'e.,r 4--o Sc.hoc\ S \ �l S
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VI. Estimated number of participants/spectators: ___ l;_CJ __ o ______________ _ VII. Is this event a fundraiser? Yes@
VIII. If your event is a fund raiser, please describe how the proceeds from the fund raising activity will support programs, services, or events for the residents of Imperial Beach.
IX. Will there be an admission, entrance, user fee, or cover charge for the event? If yes, please explain why fee is needed and list amounts for all ticket prices, admission, entrance, user fee, or cover charge that you will charging participants:
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X. How will the event benefit the Imperial Beach community? XI. Will promotional materials be used? How are you planning to market the event? (please attach all marketing and promotional material)
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XII. Will the City of Imperial Beach be listed as an event sponsor? Is there opportunities besides marketing materials-for the City to be involved in the event? (exp. Booth, speaking engagement, etc.) XIII. Will the event create revenue generating opportunities for local Imperial Beach businesses? If so, how? (please XIV.
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SPECIAL EVENT FEE WAIVER FORM
XV. If yes, please describe how you will track attendance and sales:
XVI. Has your organization put on this same event in the past? f)ves If not, has your organization put on other events in Imperial Beach? Please indicate which ones:
XVII. Other organizations participating in planning the event:
XVIII. Will this event receive third party funding or sponsorships? XIX. List all other sources of funding and amounts below:
@ Yes 0 No
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XXI.
SPECIAL EVENT FEE WAIVER FORM
If you are requesting a fee reduction or waiver, explain how imposition of fees would create financial hardship on the organization or would have a detrimental effect upon the services provided to the public:
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FEE INFORMATION
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Attachment 4
CITY OF IMPERIAL BEACH
PARKS, RECREATION & COMMUNITY SERVICES
CONDITIONS OF APPROVAL
SPONSORING ORGANIZATION: Imperial Beach Athletic Club
EVENT: IBAC 2024 Summer Event Series
PROPOSED EVENT DATE: July 20 – 21, September 14, October 5-6 APPROVALS:
BUILDING YES [ ] NO [x ] SEE CONDITIONS [ ]
MARINE SAFETY YES [ x ] NO [ ] SEE CONDITIONS [ x ]
PUBLIC WORKS YES [ ] NO [x ] SEE CONDITIONS [ ]
TIDELANDS YES [ x ] NO [ ] SEE CONDITIONS [ x ]
FIRE-RESCUE YES [ ] NO [x ] SEE CONDITIONS [ ]
SHERIFF YES [ ] NO [x ] SEE CONDITIONS [ ]
ENVIRONMENTAL YES [ ] NO [x ] SEE CONDITIONS [ ]
PARKS & RECREATION YES [ x ] NO [ ] SEE CONDITIONS [ ]
COMMUNITY DEVELOPMENT YES [ ] NO [x ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL:
Building:
No comments received.
Marine Safety:
No loading or parking any vehicles on street ends. No loading, driving or parking any vehicles on the beach. Event courts shall not block pedestrian and public safety access at any time during the events.
Public Works:
No comments received.
Tidelands:
Must schedule a meeting with Tidelands staff and Parks, Recreation and Community Services Department two weeks prior to each event series to walk the beach and determine best location for each event.
Must provide trash and receptacles during event and any necessary clean up post event.
Fire-Rescue:
No comments received.
Sheriff:
No comments received.
Environmental:
No comments received.
Parks & Recreation:
Must schedule a meeting with Tidelands staff and Parks, Recreation and Community Services Department two weeks prior to each event series to walk the beach and determine best location for each event.
Community Development:
No comments received.
P a g e | 1
June 18, 2024
ITEM TITLE: RESOLUTION NO. 2024-048 APPROVING AND ADOPTING A SIDE LETTER OF
AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND SERVICE EMPLOYEES’ INTERNATIONAL UNION (SEIU), LOCAL 221. (05840-50) ORIGINATING DEPARTMENT:
Human Resources
EXECUTIVE SUMMARY:
Staff recommends that the City Council adopt Resolution No. 2024-048, which approves and adopts the Side Letter of Agreement to the Memorandum of Understanding (MOU) between the City and Service Employees International Union (SEIU), Local 221. The Side Letter of Agreement introduces new language regarding holiday leave and part-time employees’ sick leave accruals.
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 2024-048, which approves and adopts the Side Letter of Agreement to the MOU between the City and SEIU.
OPTIONS:
Adopt Resolution No. 2024-048 as presented; or
Request additional information and a further report; or Direct the City Manager to take specific action.
BACKGROUND/ANALYSIS:
On February 21, 2024, the City Council approved the Memorandum of Understanding (MOU) with Service Employees International Union (SEIU), Local 221, which includes language on holiday benefits and part-time employees’ sick leave accruals.
The Side Letter of Agreement with SEIU proposes an amendment to the holiday benefits for employees in the Parks, Recreation, & Community Services and Public Works Departments. This amendment will establish an agreement on how observed holidays interact with working schedules for Union-represented employees working in the two departments. Per the Side Letter of Agreement, if a holiday falls on an employee’s regular day off, with supervisory approval, the employee may take the City designated holiday on a mutually agreed different day within the same pay period in which the holiday occurs.
Secondly, the Side Letter amends the sick leave accruals for part-time employees. The current MOU states that part-time employees receive forty (40) hours of sick leave accrual on their first day of employment and subsequently annually on their anniversary date. The language in the Side Letter of Agreement aims to change the annual accrual date from the anniversary date to the beginning of the fiscal year on July 1 to provide operational consistency, efficiency, and accuracy by reducing the need to frequently reconcile an employee’s accruals and tracking of
P a g e | 2
anniversary dates. Aligning the sick leave accrual with the fiscal year change is consistent with other types of the City’s leave accruals such as floating holidays.
The City and SEIU have met and confer over these changes and agree on the proposed Side Letter of Agreement
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
ATTACHMENTS:
ATT 1 – Resolution No. 2024-048
ATT 2 – SEIU Side Letter of Agreement
ATTACHMENT 1
RESOLUTION NO. 2024-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA,
APPROVING AND ADOPTING THE SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND SERVICE EMPLOYEES’ INTERNATIONAL UNION, LOCAL 221
WHEREAS, Employer-Employee Relations for the City of Imperial Beach (hereinafter, “City”) are governed by California Government Code section 3500 through 3511, known as the Meyers-Milias-Brown Act; and
WHEREAS, the Service Employees International Union (SEIU), Local 221 is the exclusive bargaining agent and representative of the City’s Miscellaneous Service; and WHEREAS, the City and SEIU entered into a two-year MOU effective July 1, 2023 through June 30, 2025; and
WHEREAS, the City’s Labor Negotiation Team met independently with representatives of the SEIU bargaining unit to meet and confer in good faith regarding the holiday benefits for employees in the Parks, Recreation & Community Services and Public Works Departments and sick leave accruals for part-time employees; and
WHEREAS, the parties agree to amend the holiday benefits for employees in the Parks, Recreation, & Community Services and Public Works Departments and establish an agreement on how observed holidays interact with working schedules for Union-represented employees working in the two departments, and sick leave accrual for part-time employees; and WHEREAS, this agreement shall serve as a Side Letter of Agreement to the MOU with the City and SEIU for July 1, 2023 through June 30, 2025; and WHEREAS, except as amended by the Side Letter of Agreement, all other terms and conditions of the MOU between the City and SEIU from July 1, 2023, through June 30, 2025, shall remain in full force and effect.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach as follows:
1. The above recitals are true and correct.
2. The City Council hereby approves and adopts the Side Letter of Agreement to the MOU between the City and SEIU resulting from the meet and confer process with the labor union group.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 18th day of June 2024, by the following vote:
Resolution No. 2024-048
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ONE
PALOMA AGUIRRE,
MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
SIDE LETTER OF AGREEMENT
between the City of Imperial Beach
and Service Employees International Union (SEIU), Local 221 WHEREAS, Employer-Employee Relations for the City of Imperial Beach (hereinafter, “City”) are governed by California Government Code section 3500 through 3511, known as the Meyers-Milias-Brown Act (“MMBA”); and
WHEREAS, the Service Employees International Union, Local 221 (“SEIU”) is the exclusive bargaining agent and representative of the City’s Miscellaneous Classified Service; and WHEREAS, the City and SEIU entered into a Memorandum of Understanding (“MOU”) effective July 1, 2023 through June 30, 2025; and
WHEREAS, the parties met and conferred in good faith regarding employment benefits; and
WHEREAS, the parties agree to changes regarding holidays forfull-time employees in the Parks, Recreation, & Community Services and Public Works Departments and part-time employees sick leave and desire to amend the current MOU; and WHEREAS, this agreement shall serve as a Side Letter Agreement to the MOU for July 1, 2023 through June 30, 2025.
NOW THEREFORE, the City and SEIU mutually agree as follows:
1) Full-time employees in the Parks, Recreation & Community Services, Public Works Departments holidays:
Establish an agreement with the Union regarding how observed holidays interact with working schedules for Union-represented employees working under the certain classifications in the Parks, Recreation, & Community Services and Public Works Departments. The following is a list of classifications within the departments aforementioned:
1. Community Services Coordinator
2. Community Response Crew Member
3. Community Response Crew Leader
4. Maintenance Worker
5. Maintenance Worker I
6. Maintenance Worker II
7. Lead Maintenance Worker
8. Streets Supervisor
9. Sewer Supervisor
10. Tidelands Supervisor
11. Fleet Mechanic
ATTACHMENT 2
12. Fleet Supervisor
13. Grounds & Facilities Supervisor
a. Currently, on some occasions, the classifications listed above work a nontraditional regular work schedule e.g. Tuesday to Saturday or Sunday to Wednesday due to business necessity. Due to their schedule, holidays that land on Fridays, Saturdays, Sundays, or Mondays happen on the same days as their “weekend.”
b. Current contract language states:
Sunday Holiday: City Hall will be closed on holidays listed above in section
1. When a holiday listed herein falls on a Sunday, the following Monday shall be observed as a holiday. All City administrative offices and departments will be closed except fire suppression and lifeguard services.
Saturday Holiday: When a holiday listed herein falls on a Saturday, the preceding Friday will be observed as a Holiday. All City administrative offices and departments will be closed except fire suppression and lifeguard services.
Holiday Pay & Holiday Off Definitions for Full-Time Employees: For the purposes of this Article, Holiday Pay shall be defined as enumerated day listed in Section 1 in which the employee is not scheduled to work and receives holiday benefits equivalent to the employee’s workday at their hourly rate of pay. Holiday Off shall be defined as an enumerated day listed in Section 1, in which the employee is normally scheduled and receives holiday benefits equivalent to the employee’s workday at their hourly rate of pay.
Holiday for Permanent Part-Time Employees: Permanent Part-Time Employees, those that the City pay for their CalPERS and work a regular and consistent work schedule, will be entitled to holiday off or holiday pay for holidays enumerated in Section 1, the equivalent hours of their normal work schedule, i.e., an employee that regularly works five (5) hours a day will receive five (5) hours of holiday pay or holiday off. Part-time, seasonal, variable, and/or temporary employees whom the City does not pay for their CalPERS membership are not eligible for this benefit.
Holiday Pay for Recognized City Holidays: Full-time employees will be paid their regular scheduled hours of holiday pay at the employee’s hourly rate of pay in the pay period the holiday occurred for all recognized City holidays listed above. Holiday pay shall not be considered time worked for the purposes of calculating overtime.
c. To provide flexibility to the classifications in the Parks, Recreation & Community Services and Public Works Department’s staff, the following practice will be followed:
If a holiday falls on an employee’s regular scheduled day off, with supervisory approval, the employee may take the City designated holiday on a mutually agreed different day within the same pay period in which the holiday occurred.
The following conditions to this alternate option apply:
a. The holiday pay is computed at an individual staff member's base hourly rate of pay.
b. Employees should take the holiday leave hours all at once on the same day. E.g. 9 hours of holiday time off.
c. Holidays will not be carried over. If the time is not taken off within the time defined above, the holiday will expire and will not be eligible for cash out or added to employee leave accruals. Instead of time off, the employee will receive Holiday Pay as defined in Section b of the MOU above.
d. Holidays should not exceed the number of recognized holidays identified under Article 12.0, Section 1.
e. The effective date of implementation of this Side Letter of Agreement will be the first full pay period following the City Council approval of this Agreement.
It is the responsibility of the employee and supervisor to ensure that the hours are taken within as defined under Article 12.0, Section 1 and that the employee doesn’t take more hours or days than the in lieu of the recognized holiday identified under Article 12.0, Section 1.
2) Sick Leave for Part-Time Employees:
a. The City’s current payroll processing system does not allow to properly track part-time employees’ anniversary dates. Due to this reason, the City and the Union wish to amend the current contact language pertaining to the sick leave benefit for part-time employees.
b. The current language in the agreement states:
Effective January 1, 2024, part-time seasonal, variable, and permanent employees will receive forty (40) hours of sick leave on their first day of employment. Part-time seasonal, variable, and permanent employees will receive forty (40) hours of sick leave subsequently annually on their anniversary. Unused sick leave hours may be rolled over annually up to a maximum accumulation of eighty (80) hours of sick leave. Part-time
seasonal, variable, and permanent employees may not cash-out unused sick leave at any time. Unused sick leave hours will not be paid out upon separation from employment.
c. The revised language will state the following:
Effective January 1, 2024, part-time seasonal, variable, and permanent employees will receive forty (40) hours of sick leave on their first day of employment. Part-time seasonal, variable, and permanent employees will receive forty (40) hours of sick leave subsequently annually at the beginning of the fiscal year on July 1. Unused sick leave hours may be rolled over annually up to the maximum accumulation of eighty (80) hours of sick leave.
Part-time seasonal, variable, and permanent employees may not cash-out unused sick leave at any time. Unused sick leave hours will not be paid out upon separation from employment.
Executed in Imperial Beach, CA by:
SEIU:
_______________________________ _______________________ Crystal Celis, SEIU President DATE
City of Imperial Beach:
__________________________ ______________________
Tyler Foltz, City Manager DATE
__________________________ ______________________
Nadia Smith, Human Resources Director DATE
P a g e | 1
June 18, 2024
ITEM TITLE: RESOLUTION NO. 2024-046 AND SA-24-89 APPROVING AND ADOPTING THE
AMENDMENTS TO CITY OF IMPERIAL BEACH INVESTMENT POLICY AND DELEGATE THE CITY TREASURER THE AUTHORITY TO INVEST AND REINVEST. (0350-95 & 0418-95) ORIGINATING DEPARTMENT:
Finance
EXECUTIVE SUMMARY:
The California State Treasurer recommends that Local Agency Investment Guidelines be reviewed and amended annually for compliance will all governing laws and regulations. Staff is seeking approval and adoption of Resolution No. 2024-046 by the City Council and SA-24-89 by the Successor Agency authorizing the amendments to the City of Imperial Beach Investment Policy. Additionally, pursuant to California Government Code Section 53607, Staff is seeking approval to delegate to the City Treasurer the authority to invest and reinvest the City’s financial assets.
RECOMMENDATION:
Approve and adopt of Resolution No. 2024-046 by the City Council and SA-24-89 by the Successor Agency authorizing the amendments to the City of Imperial Beach Investment Policy and delegating to the City Treasurer the authority to invest and reinvest the City’s financial assets.
OPTIONS:
Adopt Resolution No. 2024-046 and SA-24-89 as recommended Provide staff with direction for alternative action
BACKGROUND/ANALYSIS:
The Investment Policy (Policy) and Government Code 53646(a)(2) sets forth that the Policy shall be subject to review by the City Council/Board on an annual basis. Any recommended modifications or amendments shall be presented by Staff to the City Council/Board, at a public meeting, for their consideration and adoption.
The Policy was last reviewed and approved by City Council in August 2023. At that time several modifications were made to bring the Policy into compliance with current industry practices as well as with Government Code 53600, et seq, which governs the investments of local agencies.
Additionally, modifications were made pursuant to the California Municipal Treasurers Association’s (CMTA) recommendations in order for the policy to receive certification by CMTA.
Those modifications served to strengthen and clarify the City’s Investment Policy. Subsequent to adoption of the proposed policy, Staff intends to once again submit the Investment Policy to CMTA for certification.
P a g e | 2
Working with Chandler Asset Management, the City’s portfolio manager, and incorporating best practices recommendations from CMTA, Staff is proposing the following changes to the Investment Policy:
Section IV – Objectives – Updated language that the overriding objectives of the investment program in order of importance are to preserve principal, provide sufficient liquidity, and manage investment risks.
Section X – Portfolio Risk Management – Subsection B. – updated subsection name to Diversification and Mitigating Credit Risk in the Portfolio Attachment 3 reflects the changes in a strike-through version of the policy. Attachment 4 is the final version.
The City Council may elect to delegate its authority to invest and reinvest City funds to the City Treasurer for up to one year pursuant to California Government Code Section 53607. Staff recommends that the City Council delegate its authority to invest and reinvest public funds, and to sell or exchange securities so purchased, to the City Treasurer for one year or until earlier revoked by the City Council.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT: N/A
ATTACHMENTS:
ATT 1 – Resolution 2024-046 Amending and Adopting the Investment Policy ATT 2 – Resolution SA-24-89 Amending and Adopting the Investment Policy ATT 3 – Investment Policy Effective June 18, 2024 – STRIKE-THROUGH ATT 4 – Investment Policy Effective June 18, 2024
ATTACHMENT 1
RESOLUTION NO. 2024-046
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA,
APPROVING AND ADOPTING THE CITY OF IMPERIAL BEACH INVESTMENT POLICY AND
DELEGATING TO THE CITY TREASURER THE AUTHORITY TO INVEST AND REINVEST THE CITY’S FINANCIAL ASSETS
WHEREAS, a comprehensive investment policy provides a level of accountability for investment officials and promotes greater public trust in the investment process; and WHEREAS, the policy for the investment of all City financial assets seeks to satisfy the primary objective of safety of principal, with the subsequent goals of liquidity and yield; and WHEREAS, an investment policy provides a municipality with direction for how investments shall be placed within the specific securities as outlined by type and maturity sector in the policy; and
WHEREAS, the authority governing investments for municipal governments is set forth in the California Government Code, Sections 53600 et seq.; and WHEREAS, annual investment policy review is a recommended best practice by the Government Finance Officers Association and the Association of Public Treasurers; and WHEREAS, California Government Code Sections 53646(a)(2) states that the Treasurer of any local agency may annually render to the legislative body an investment policy or any changes to the investment policy at a public meeting; and WHEREAS, the California State Treasurer publishes Local Agency Investment Guidelines intended to aid local agencies in implementing laws pertaining to the investment of public funds; and
WHEREAS, at the Council meeting of August 16, 2023, the City Council adopted Resolution 2023-62 approving and adopting amendments to the City’s Investment Policy.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach as follows:
1. That the attached “Exhibit A” Investment Policy for Fiscal Year 2024-25 is hereby reviewed, considered, approved, and adopted.
2. Delegate its authority to invest and reinvest City funds to the Finance Director and Chief Administrative Officer acting in the capacity of the City Treasurer for up to one year pursuant to California Government Code section 53607.
Resolution No. 2024-046
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 18th day of June 2024, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
PALOMA AGUIRRE, MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
ATTACHMENT 2
RESOLUTION NO. SA-24-89
A RESOLUTION OF THE IMPERIAL BEACH REDEVELOPMENT AGENCY SUCCESSOR
AGENCY APPROVING AND ADOPTING THE CITY OF IMPERIAL BEACH INVESTMENT
POLICY AND DELEGATING TO THE TREASURER OF THE IMPERIAL BEACH
REDEVELOPMENT AGENCY SUCCESSOR AGENCY THE AUTHORITY TO INVEST AND REINVEST THE AGENCY’S FINANCIAL ASSETS
WHEREAS, a comprehensive investment policy provides a level of accountability for investment officials and promotes greater public trust in the investment process; and WHEREAS, the policy for the investment of all Imperial Beach Redevelopment Agency Successor Agency (Successor Agency) financial assets seeks to satisfy the primary objective of safety of principal, with the subsequent goals of liquidity and yield; and WHEREAS, an investment policy provides the Successor Agency with direction for how investments shall be placed within the specific securities as outlined by type and maturity sector in the policy; and
WHEREAS, the authority governing investments for government agencies is set forth in the California Government Code, Sections 53600 et seq.; and WHEREAS, annual investment policy review is a recommended best practice by the Government Finance Officers Association and the Association of Public Treasurers; and WHEREAS, California Government Code Sections 53646(a)(2) states that the Treasurer of any local agency may annually render to the legislative body an investment policy or any changes to the investment policy at a public meeting; and WHEREAS, the California State Treasurer publishes Local Agency Investment Guidelines intended to aid local agencies in implementing laws pertaining to the investment of public funds; and
WHEREAS, at the Successor Agency meeting of August 16, 2023, the Board of Directors adopted Resolution SA-23-86 approving and adopting amendments to the Successor Agency’s Investment Policy.
NOW, THEREFORE, BE IT RESOLVED by the Imperial Beach Redevelopment Agency Successor Agency as follows:
1. That the attached “Exhibit A” Investment Policy for Fiscal Year 2024-25 is hereby reviewed, considered, approved, and adopted.
2. Delegation of authority to invest and reinvest Agency funds to the Deputy Director acting as the Treasurer of the Agency for up to one year pursuant to California Government Code section 53607
Resolution No. SA-24-89
PASSED, APPROVED, AND ADOPTED by the Imperial Beach Redevelopmsent Agency Successor Agency at its meeting held on the 18th day of June 2024, by the following vote:
AYES: BOARDMEMBERS:
NOES: BOARDMEMBERS:
ABSENT: BOARDMEMBERS:
PALOMA AGUIRRE, CHAIR
ATTEST:
JACQUELINE M. KELLY, MMC
SECRETARY
ATTACHMENT 3
RES 20243-04662 EXHIBIT A
RES SA-243-896 EXHIBIT A
City of Imperial Beach
Investment Policy
Fiscal Year 20243/20254
Amended and Adopted by Resolution No. 20243-046 62& SA-243-896
CITY OF IMPERIAL BEACH, CALIFORNIA
INVESTMENT POLICY
Fiscal Year 20234/20254
I. INTRODUCTION
This Investment Policy is intended to identify various policies and procedures that will foster a prudent and systematic investment program designed to seek the City of Imperial Beach’s objectives of safety, liquidity and yield through a diversified investment portfolio. This policy also serves to organize and formalize the City’s investment-related activities, while complying with all applicable statutes governing the investment of public funds.
This Investment Policy was endorsed and adopted by the City’s governing body and is effective as of August 16, 2023June 18, 2024. This Investment Policy replaces any previous Investment Policy or Investment Procedures of the City.
II. SCOPE
This Investment Policy applies to all the City’s financial assets and investment activities with the following exceptions:
Proceeds of debt issuance shall be invested in accordance with the City’s general investment philosophy as set forth in this policy; however, such proceeds are invested in accordance with permitted investment provisions of their specific bond indentures.
Pooling of Funds: Except for cash in certain restricted and special funds, the City will consolidate cash and reserve balances from all funds to maximize investment earnings and to increase efficiencies with regard to investment pricing, safekeeping and administration. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles.
Specific Investment Accounts: From time to time, the City Council may authorize an investment in other specific investments, or the management of bond proceeds issued by the City of Imperial Beach. This may include deposits that are set aside for future needs of a long-term nature and may be invested in longer-term securities as allowed by the Government Code.
Inter-fund transfers are not covered by this policy.
Amended and Adopted by Resolution No. 20243-046 62& SA-243-896
III. PRUDENCE
Pursuant to California Government Code, Section 53600.3, all persons authorized to make investment decisions on behalf of the City are trustees and therefore fiduciaries subject to the Prudent Investor Standard:
“…all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the Agency, that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the Agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law.” The Finance Director, Chief Administrative Officer and other authorized persons responsible for managing City funds acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes provided that the Finance Director, Chief Administrative Officer or other authorized persons acted in good faith. Deviations from expectations of a security’s credit or market risk should be reported to the governing body in a timely fashion and appropriate action should be taken to control adverse developments.
IV. OBJECTIVES
The authority governing investments for municipal governments is set forth in Government Code sections 53600 et seq. The overriding objectives of the investment program in order of importance are to preserve principal, provide sufficient liquidity, and manage investment risks.
1. Safety: Safety of principal is the foremost objective of the investment program. Investments will be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk.
2. Liquidity: The investment portfolio will remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated.
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3. Yield: The investment portfolio will be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints for safety and liquidity needs.
V. ETHICS AND CONFLICTS OF INTEREST
All participants in the investment process shall act as fiduciaries of the public trust. As the employees assigned to implement the investment strategy, the Finance Director and Chief Administrative Officer, as identified by Resolution of the City Council, shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions.
The Finance Director and Chief Administrative Officer shall disclose any material financial interests in financial institutions that conduct business with the City, and they shall further disclose any personal financial/investment positions that could be affected by the performance of the City’s operations and functions or by the management of the City’s investment program.
Ethics and Conflicts of Interest: Officers and employees involved in the investment process shall refrain from personal business activity that conflicts with proper execution of the investment program or impair their ability to make impartial investment decisions. Additionally, the Finance Director, Chief Administrative Officer and other members of the management Investment Advisory Committee, as identified herein, are required to annually file applicable financial disclosures as required by the Fair Political Practices Commission (FPPC).
DELEGATION OF AUTHORITY
A. Authority to manage the City’s investment program is derived from California Government Code Sections 53600 et seq. The governing body is responsible for the City’s cash management, including the administration of this Investment Policy. Management responsibility for the cash management of City funds is hereby delegated to the Finance Director and Chief Administrative Officer.
The Finance Director and Chief Administrative Officer will be responsible for all transactions undertaken and will establish a system of procedures and controls to regulate the activities of subordinate employees.
B. The City may engage the services of one or more external investment managers to assist in the management of the City’s investment portfolio in a manner consistent with the City’s objectives. Such external managers may be granted discretion to purchase and sell investment securities in
Amended and Adopted by Resolution No. 20243-046 62& SA-243-896
accordance with this Investment Policy. Such managers must be registered under the Investment Advisers Act of 1940.
An Investment Committee consisting of the City Manager/Executive Director, Finance Director and Chief Administrative Officer shall be established to provide general oversight and direction concerning the policy related to management of the City's investment portfolio. Assigned Finance Department staff members may serve in a staff and advisory capacity, although are not members of the Committee.
VI. AUTHORIZED FINANCIAL INSTITUTIONS, DEPOSITORIES, AND BROKER/DEALERS A list will be maintained of financial institutions and depositories authorized to provide investment services. In addition, a list will be maintained of approved security broker/dealers selected by conducting a process of due diligence described in the investment procedures manual. These may include "primary" dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15C3-1 (uniform net capital rule).
A. The Finance Director or Chief Administrative Officer will determine which financial institutions are authorized to provide investment services to the City. Institutions eligible to transact investment business with the City include:
1. Institutions licensed by the state as a broker-dealer.
2. Institutions that are members of a federally regulated securities exchange.
3. Primary government dealers as designated by the Federal Reserve Bank and non-primary government dealers;
4. Nationally or state-chartered banks;
5. The Federal Reserve Bank; and,
6. Direct issuers of securities eligible for purchase.
B. Selection of financial institutions and broker/dealers authorized to engage in transactions with the City will be at the sole discretion of the City.
C. All financial institutions which desire to become qualified bidders for investment transactions (and which are not dealing only with the investment adviser) must supply the Finance Director or Chief Administrative Officer with a statement certifying that the institution has reviewed the California Government Code Section 53600 et seq. and the City’s Investment Policy.
Amended and Adopted by Resolution No. 20243-046 62& SA-243-896
The Finance Director or Chief Administrative Officer will conduct an annual review of the financial condition and registrations of such qualified bidders.
D. Selection of broker/dealers used by an external investment adviser retained by the City will be at the sole discretion of the investment adviser.
E. Public deposits will be made only in qualified public depositories as established by State law. Deposits will be insured by the Federal Deposit Insurance Corporation, or, to the extent the amount exceeds the insured maximum, will be collateralized in accordance with State law.
F. Collateralization:
1. Certificates of Deposit: The City shall require any commercial bank or savings and loan association to deposit eligible securities with an agency of a depository approved by the State Banking Department to secure any uninsured portion of a non-negotiable Certificate of Deposit.
The value of eligible securities as defined pursuant to Government Code Section 53651, pledged against a Certificate of Deposit shall be equal to 150% of the face value of the CD if the securities are classified as mortgages and 110% of the face value of the CD for all other classes of security.
2. Repurchase Agreements: The City requires that repurchase agreements be collateralized only by securities authorized by Government Code:
The securities which collateralize the repurchase agreement shall be priced at Market Value, including any Accrued Interest plus a margin.
The Market Value of the securities that underlie a repurchase agreement shall be valued at 102% or greater of the funds borrowed against those securities.
Financial Institutions shall mark the value of the collateral to market at least monthly and increase or decrease the collateral to satisfy the ratio requirement described above.
The City shall receive monthly statements of collateral.
VII. DELIVERY, SAFEKEEPING AND CUSTODY, AND COMPETITIVE TRANSACTIONS A. Delivery-versus-payment: Settlement of all investment transactions will be completed using standard delivery-vs.-payment procedures.
B. Third-party safekeeping: To protect against potential losses by collapse of individual securities dealers, and to enhance access to securities, interest payments and maturity proceeds, all securities owned by the City will be held in safekeeping by a third-party bank custodian, acting
Amended and Adopted by Resolution No. 20243-046 62& SA-243-896
as agent for the City under the terms of a custody agreement executed by the bank and the City. All investment transactions will require a safekeeping receipt or acknowledgement generated from the trade. A monthly report will be received by the City from the custodian listing all securities held in safekeeping with current market data and other relevant information.
The only exceptions to the foregoing shall be depository accounts and securities purchases made with: (i) local government investment pools; (ii) time certificates of deposit, and (iii) mutual funds and money market mutual funds, since these securities are not deliverable.
C. Competitive transactions: All investment transactions will be conducted on a competitive basis which can be executed through a bidding process involving at least three separate brokers/financial institutions or through use of a nationally recognized trading platform where possible.
The only exceptions to the foregoing shall be depository accounts and securities purchases made with LAIF, LGIPs, time deposits, mutual funds, and money market mutual funds, since these securities are not deliverable.
VIII. AUTHORIZED AND SUITABLE INVESTMENTS
The City’s investments are governed by Government Code, Sections 53600 et seq. Within the investments permitted by the Government Code, the City seeks to further restrict eligible investments to the guidelines listed below.
In the event an apparent discrepancy is found between this Policy and the Government Code, the more restrictive parameters will take precedence.
Percentage holding limits and credit rating minimums listed in this section apply at the time the security is purchased.
Any investment currently held at the time the Policy is adopted which does not meet the new Policy guidelines can be held until maturity and shall be exempt from the current Policy. At the time of the investment’s maturity or liquidation such funds shall be reinvested only as provided in the most current Policy.
1. U.S. Treasury and other government obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest. There are no limits on the dollar amount or percentage that the City may invest in U.S. Treasuries.
The maximum maturity is five years.
Amended and Adopted by Resolution No. 20243-046 62& SA-243-896
2. Federal Agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. There are no limits on the dollar amount or percentage that the City may invest in government-sponsored enterprises.
The maximum maturity is five years;
No more than 20% of the total portfolio may be invested in callable federal agency securities.
3. Municipal Securities. These include obligations of the City, the State of California, any local agency within the state of California, and registered notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, and, provided that:
Long-term obligations are rated in the “A” category or higher by at least one nationally recognized statistical rating organization (NRSRO);
The maximum maturity is five years;
No more than 5% of the total portfolio may be invested in any single municipal securities issuer;
No more than 30% of the portfolio may be invested in Municipal Securities.
4. Corporate Medium-Term Notes (MTNs) provided that:
Such notes have a maximum maturity of five years;
Are issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States;
Are rated in the “A” category or better by at least one NRSRO; No more than 30% of the total portfolio may be invested in corporate medium-term notes; and,
Amended and Adopted by Resolution No. 20243-046 62& SA-243-896
No more than 5% of the total portfolio may be invested in any single issuer of corporate medium-term notes.
5. Mortgage Pass-Through Securities, Collateralized Mortgage Obligations, and Asset-Backed Securities from issuers not defined in sections 1 and 2 of the Authorized and Suitable Investments Section of this policy, provided that:
Such securities have a maximum stated final maturity of five years; Are rated in the category of “AA” or its equivalent or better by a NRSRO;
Purchase of securities authorized by this subdivision may not exceed 20% of the portfolio; and,
No more than 5% of the total portfolio is invested in any single issuer of Asset-Backed or Commercial Mortgage Securities.
6. Federally Insured Time Deposits (Non-Negotiable Certificates of Deposit) in state or federally chartered banks, savings and loans, or credit unions, provided that:
The amount per institution is limited to the maximum covered under federal insurance;
No more than 20% of the portfolio will be invested in a combination of federally insured and collateralized time deposits;
The maturity of such deposits does not exceed 5 years; and, No more than 5% of the total portfolio may be invested in any single issuer of federally insured time deposits.
7. Time Deposits (Non-Negotiable Certificates of Deposit) in state or federally chartered banks, savings and loans, or credit unions in excess of insured amounts which are fully collateralized with securities in accordance with California law, provided that:
No more than 20% of the portfolio will be invested in a combination of federally insured and collateralized time deposits;
The maturity of such deposits does not exceed 5 years; and, No more than 5% of the total portfolio may be invested in any single issuer of time deposits.
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8. Certificate of Deposit Placement Service (CDARS) provided that:
No more than 30% of the total portfolio may be invested in a combination of certificates of deposit including CDARS; and, The maturity of CDARS deposits does not exceed five years.
9. Negotiable Certificates of Deposit (NCDs) provided that:
They are issued by institutions which have long-term obligations which are rated in the “A” category or higher by at least one nationally recognized statistical rating organization; or have short term debt obligations rated “A-1” or higher, or the equivalent, by at least one NRSRO;
The maturity does not exceed five years;
No more than 30% of the total portfolio may be invested in NCDs; and,
No more than 5% of the total portfolio may be invested in any single issuer of NCDs.
10. Banker’s Acceptances provided that:
They are issued by institutions with short term debt obligations rated “A-1” or higher, or the equivalent, by at least one NRSRO; and have long-term debt obligations which are rated in the “A” category or higher by at least one NRSRO;
The maturity does not exceed 180 days;
No more than 40% of the total portfolio may be invested in banker’s acceptances; and,
No more than 5% of the total portfolio may be invested in any single issuer of banker’s acceptances.
11. Commercial Paper provided that the securities are issued by an entity that meets all of the following conditions in either paragraph a or b and other requirements specified below:
a. SECURITIES issued by corporations:
(i) A corporation organized and operating in the United States with assets more than $500 million.
Amended and Adopted by Resolution No. 20243-046 62& SA-243-896
(ii) The securities are rated “A-1” or its equivalent or better by at least one NRSRO.
(iii) If the issuer has other debt obligations, they must be rated in a rating category of “A” or its equivalent or better by at least one NRSRO.
b. SECURITIES issued by other entities:
(i) The issuer is organized within the United States as a special purpose corporation, trust, or limited liability company. (ii) The securities must have program-wide credit enhancements including, but not limited to, overcollateralization, letters of credit, or a surety bond.
(iii) The securities are rated “A-1” or its equivalent or better by at least one NRSRO.
No more than 10% of the outstanding commercial paper of any single issuer.
No more than 25% of the total portfolio is invested in commercial paper.
No more than 5% of the total portfolio is invested in any single commercial paper issuer.
The maturity does not exceed 270 days from the date of purchase.
12. Repurchase Agreements collateralized with securities authorized pursuant to Government Code that are maintained at a level of at least 102% of the market value of the repurchase agreements, provided that:
The maximum maturity of repurchase agreements will be 1 year; There is no limit to the amount to be invested in repurchase agreements;
Securities used as collateral for repurchase agreements will be delivered to the City’s custodian bank; and,
The repurchase agreements are the subject of a master repurchase agreement between the City and the provider of the repurchase agreement. The master repurchase agreement will be substantially in the form developed by the Securities Industry and Financial Markets Association (SIFMA).
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13. State of California Local City Investment Fund (LAIF), provided that:
The City may invest up to the maximum permitted amount in LAIF; and,
LAIF’s investments in instruments prohibited by or not specified in the City’s policy do not exclude it from the City’s list of allowable investments, provided that the fund’s reports allow the Finance Director or Chief Administrative Officer to adequately judge the risk inherent in LAIF’s portfolio.
14. Local Government Investment Pools
No more than 10% per issuer limitation for Local Government Investment Pools other than LAIF.
15. Mutual Funds and Money Market Mutual Funds that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940, provided that:
Mutual Funds that invest in the securities and obligations as authorized under California Government Code Section 53601 (a) to (k) and (m) to (q) inclusive and that meet either of the following criteria:
1. Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs; or,
2. Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience investing in the securities and obligations authorized by California Government Code Section 53601 and with assets under management in excess of $500 million;
No more than 10% of the total portfolio may be invested in shares of any one mutual fund.
Money Market Mutual Funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 and issued by diversified management companies and meet either of the following criteria:
1. Have attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.
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2. Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience managing money market mutual funds with assets under management in excess of $500 million.
No more than 20% per fund of the total portfolio may be invested in the shares of any one money market mutual fund.
No more than 20% of the total portfolio may be invested in these securities.
16. Supranational Securities, provided that:
a. Issues are US dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank.
b. The securities are rated in a rating category of “AA” or its equivalent or better by a NRSRO.
c. No more than 30% of the total portfolio may be invested in these securities.
d. No more than 10% of the portfolio may be invested in a single Supranational issuer.
e. The maximum maturity does not exceed five years.
Any State of California legislative action that further restricts allowable maturities, investment type or percentage allocations, shall be incorporated into this Investment Policy and supersede any and all previous applicable provisions inconsistent with such legislative action.
IX. MAXIMUM MATURITIES
To the extent possible, investments shall be matched with anticipated cash flow requirements and known future liabilities. No investment will be made in any security with a remaining maturity in excess of five years from the date of trade settlement, unless the City Council has by resolution granted express authority to make such an investment.
X. PORTFOLIO RISK MANAGEMENT
A. Prohibited Investment Vehicles and Practices
1. State law notwithstanding, any investments not specifically described herein are prohibited, including, but not limited to futures and options.
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2. In accordance with Government Code Section 53601.6, investment in inverse floaters, range notes, or mortgage derived interest-only strips is prohibited.
3. Investment in any security that could result in a zero-interest accrual if held to maturity is prohibited. However, under a provision sunsetting on January 1, 2026, securities backed by the U.S. Government that could result in a zero- or negative interest accrual if held to maturity are permitted.
4. Trading securities for the sole purpose of speculating on the future direction of interest rates is prohibited.
5. Purchasing or selling securities on margin is prohibited.
6. The use of reverse repurchases agreements, securities lending or any other form of borrowing or leverage is prohibited.
7. The purchase of foreign currency denominated securities is prohibited.
8. The purchase of a security with a forward settlement exceeding 45 days from the time of the investment is prohibited.
B. Diversification and Mitigating Credit Risk in the Portfolio Credit risk is the risk that a security or a portfolio will lose some or all of its value due to a real or perceived change in the ability of the issuer to repay its debt. The City will mitigate credit risk by adopting the following strategies:
1. The diversification requirements included in Section VIII are designed to mitigate credit risk in the portfolio;
2. No more than 5% of the total portfolio may be invested in securities of any single issuer, other than the US Government, its agencies and enterprises, supranationals, money market funds, local government investment pools or unless otherwise specified in this investment policy;
3. The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to improve the quality, liquidity or yield of the portfolio in response to market conditions or City’s risk preferences; and,
4. If securities owned by the City are downgraded to a level below the quality required by this Investment Policy, making the security ineligible for additional purchases, the following steps will be taken:
Amended and Adopted by Resolution No. 20243-046 62& SA-243-896
a. Any actions taken related to the downgrade by the investment manager will be communicated to the Finance Director or Chief Administrative Officer in a timely manner.
b. If a decision is made to retain a downgraded security in the portfolio, the credit situation will be monitored and reported monthly to the governing board.
C. Mitigating Market Risk in the Portfolio
Market risk is the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The City recognizes that, over time, longer-term portfolios have the potential to achieve higher returns. On the other hand, longer-term portfolios have higher volatility of return. The City will mitigate market risk by providing adequate liquidity for short-term cash needs, and by making longer-term investments only with funds that are not needed for current cashflow purposes.
The City further recognizes that certain types of securities, including variable rate securities, securities with principal paydowns prior to maturity, and securities with embedded options, will affect the market risk profile of the portfolio differently in different interest rate environments. The City, therefore, adopts the following strategies to control and mitigate its exposure to market risk:
1. The City will maintain a minimum of six months of budgeted operating expenditures in short term investments to provide sufficient liquidity for expected disbursements;
2. The stated final maturity of individual securities in the portfolio will be five years, except as otherwise stated in this policy;
3. The maximum weighted average stated final maturity of the total portfolio shall not exceed three years; and,
4. The duration of the portfolio will at all times be approximately equal to the duration (typically plus or minus 20%) of a Market Benchmark Index selected by the City based on the City’s investment objectives, constraints and risk tolerances. The City’s current Benchmark will be documented by the City.
XI. FOSSIL FUELS RESTRICTION
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The purchase of securities issued by fossil fuel companies that directly source the majority of their revenue from oil, gas and/or coal production is prohibited.
XII. INVESTMENT POOLS/MUTUAL FUNDS
The City shall conduct a thorough investigation of any pool or mutual fund prior to making an investment, and on a continual basis thereafter. The Finance Director or Chief Administrative Officer shall develop a questionnaire which will answer the following general questions:
A description of eligible investment securities, and a written statement of investment policy and objectives.
A description of interest calculations and how it is distributed, and how gains and losses are treated.
A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced and the program audited.
A description of who may invest in the program, how often, what size deposit and withdrawal are allowed.
A schedule for receiving statements and portfolio listings. Are reserves, retained earnings, etc. utilized by the pool/fund? A fee schedule, and when and how is it assessed.
Is the pool/fund eligible for bond proceeds and/or will it accept such proceeds?
XIII. INVESTMENT OBJECTIVES (PERFORMANCE STANDARDS AND EVALUATION) A. Overall Objective: The investment portfolio will be designed with the overall objective of obtaining a total rate of return throughout economic cycles, commensurate with investment risk constraints and cash flow needs.
B. Specific Objective: The investment performance objective for the portfolio will be to earn a total rate of return over a market cycle which is approximately equal to the return on the Market Benchmark Index selected by the City.
XIV. PROCEDURES AND INTERNAL CONTROLS
A. Procedures
The Finance Director or Chief Administrative Officer will establish investment policy procedures to assist investment staff with day-to-day operations of the investment program consistent with this policy. Such procedures will include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an
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investment transaction except as provided under the terms of this policy and the procedures established by the City Treasurer.
B. Internal Controls
The Finance Director or Chief Administrative Officer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse.
The internal control structure will be designed to provide reasonable assurance that these objectives are met. Internal controls will be described in the City’s investment procedures manual.
XV. REPORTING, DISCLOSURE AND PROGRAM EVALUATION
A. Monthly Reports
Monthly investment reports will be submitted by the Finance Director or Chief Administrative Officer to the governing board. These reports will disclose, at a minimum, the following information about the risk characteristics of the City’s portfolio:
1. An asset listing showing par value, cost and accurate and complete market value of each security, type of investment, issuer, and interest rate;
2. Monthly transactions for the period;
3. A one-page summary report that shows:
a. Average maturity of the portfolio and modified duration of the portfolio;
b. Maturity distribution of the portfolio;
c. Average portfolio credit quality; and,
d. Time-weighted total rate of return for the portfolio for the prior one month, three months, twelve months, year to date, and since inception compared to the Benchmark Index returns for the same periods.
4. A statement of compliance with investment policy, including a schedule of any transactions or holdings which do not comply with this policy or with the California Government Code, including a justification for their presence in the portfolio and a timetable for resolution; and,
5. A statement that the City has adequate funds to meet its cash flow requirements for the next six months.
Amended and Adopted by Resolution No. 20243-046 62& SA-243-896
B. Annual Reports
1. The investment policy will be reviewed and updated at least annually at the beginning of the calendar year to ensure its consistency with the overall objectives of preservation of principal, liquidity and return, and its relevance to current law and financial and economic trends.
2. A comprehensive annual report will be presented in conjunction with the investment policy review. This report will include comparisons of the City’s return to the Benchmark Index return, suggest policies and improvements that might enhance the investment program, and will include an investment plan for the coming year.
C. Periodic Audit
The City Treasurer may establish a process of periodic independent review by an external expert to assure compliance with internal controls.
XIII. REVIEW OF INVESTMENT POLICY
This policy shall be subject to review by the City Council/Board on an annual basis. Any recommended modifications or amendments shall be presented by Staff to the City Council/Board for their consideration and adoption.
Prepared by:
Joann GitmedLily Flyte
Finance Director
Approved as to content:
___________________________________
Erika Cortez
Chief Administrative Officer
Date:
Amended and Adopted by Resolution No. 20243-046 62& SA-243-896
Appendix
GLOSSARY OF INVESTMENT TERMS
Agencies. Shorthand market terminology for any obligation issued by a government-sponsored entity (GSE), or a federally related institution. Most obligations of GSEs are not guaranteed by the full faith and credit of the US government. Examples are:
FFCB. The Federal Farm Credit Bank System provides credit and liquidity in the agricultural industry. FFCB issues discount notes and bonds.
FHLB. The Federal Home Loan Bank provides credit and liquidity in the housing market. FHLB issues discount notes and bonds.
FHLMC. Like FHLB, the Federal Home Loan Mortgage Corporation provides credit and liquidity in the housing market. FHLMC, also called “Freddie Mac” issues discount notes, bonds and mortgage pass-through securities.
FNMA. Like FHLB and Freddie Mac, the Federal National Mortgage Association was established to provide credit and liquidity in the housing market. FNMA, also known as “Fannie Mae,” issues discount notes, bonds and mortgage pass-through securities.
GNMA. The Government National Mortgage Association, known as “Ginnie Mae,” issues mortgage pass-through securities, which are guaranteed by the full faith and credit of the US Government.
PEFCO. The Private Export Funding Corporation assists exporters.
Obligations of PEFCO are not guaranteed by the full faith and credit of the US government.
TVA. The Tennessee Valley Authority provides flood control and power and promotes development in portions of the Tennessee, Ohio, and Mississippi River valleys. TVA currently issues discount notes and bonds.
Asked. The price at which a seller offers to sell a security.
Asset Backed Securities. Securities supported by pools of installment loans or leases or by pools of revolving lines of credit.
Average Life. In mortgage-related investments, including CMOs, the average time to expected receipt of principal payments, weighted by the amount of principal expected.
Banker’s Acceptance. A money market instrument created to facilitate international trade transactions. It is highly liquid and safe because the risk of the trade transaction is transferred to the bank which “accepts” the obligation to pay the investor.
Benchmark. A comparison security or portfolio. A performance benchmark is a partial market index, which reflects the mix of securities allowed under a specific investment policy.
Bid. The price at which a buyer offers to buy a security.
Amended and Adopted by Resolution No. 20243-046 62& SA-243-896
Broker. A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from their own position.
Callable. A callable security gives the issuer the option to call it from the investor prior to its maturity. The main cause of a call is a decline in interest rates. If interest rates decline since an issuer issues security, it will likely call its current securities and reissue them at a lower rate of interest. Callable securities have reinvestment risk as the investor may receive its principal back when interest rates are lower than when the investment was initially made.
Certificate of Deposit (CD). A time deposit with a specific maturity evidenced by a certificate. Large denomination CDs may be marketable.
Collateral. Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also, securities pledged by a financial institution to secure deposits of public monies.
Collateralized Mortgage Obligations (CMO). Classes of bonds that redistribute the cash flows of mortgage securities (and whole loans) to create securities that have different levels of prepayment risk, as compared to the underlying mortgage securities.
Commercial Paper. The short-term unsecured debt of corporations.
Cost Yield. The annual income from an investment divided by the purchase cost.
Because it does not give effect to premiums and discounts which may have been included in the purchase cost, it is an incomplete measure of return.
Coupon. The rate of return at which interest is paid on a bond.
Credit Risk. The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer.
Current Yield. The annual income from an investment divided by the current market value. Since the mathematical calculation relies on the current market value rather than the investor’s cost, current yield is unrelated to the actual return the investor will earn if the security is held to maturity.
Dealer. A dealer acts as a principal in security transactions, selling securities from and buying securities for their own position.
Debenture. A bond secured only by the general credit of the issuer.
Delivery vs. Payment (DVP). A securities industry procedure whereby payment for a security must be made at the time the security is delivered to the purchaser’s agent.
Derivative. Any security that has principal and/or interest payments which are subject to uncertainty (but not for reasons of default or credit risk) as to timing and/or amount, or any security which represents a component of another security which has been separated from other components (“Stripped” coupons and principal). A derivative is also defined as a financial instrument the value of which is totally or partially derived from the value of another instrument, interest rate, or index.
Discount. The difference between the par value of a bond and the cost of the bond, when the cost is below par. Some short-term securities, such as Tbills and banker’s acceptances, are known as discount securities. They
Amended and Adopted by Resolution No. 20243-046 62& SA-243-896
sell at a discount from par and return the par value to the investor at maturity without additional interest. Other securities, which have fixed coupons, trade at a discount when the coupon rate is lower than the current market rate for securities of that maturity and/or quality.
Diversification. Dividing investment funds among a variety of investments to avoid excessive exposure to any one source of risk.
Duration. The weighted average time to maturity of a bond where the weights are the present values of the future cash flows. Duration measures the price sensitivity of a bond to changes in interest rates. (See modified duration).
Federal Funds Rate. The rate of interest charged by banks for short-term loans to other banks. The Federal Reserve Bank through open-market operations establishes it.
Federal Open Market Committee: A committee of the Federal Reserve Board that establishes monetary policy and executes it through temporary and permanent changes to the supply of bank reserves.
Local Agency Investment Fund (LAIF): A voluntary investment fund open to government entities and certain non-profit organizations in California that is managed by the State Treasurer’s Office.
Local Government Investment Pool: Investment pools that range from LAIF to county pools, to Joint Powers Authorities (JPAs). These funds are not subject to the same SEC rules applicable to money market mutual funds.
Leverage. Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing.
Liquidity: The speed and ease with which an asset can be converted to cash.
Make Whole Call. A type of call provision on a bond that allows the issuer to pay off the remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a lump sum payment that equals the net present value (NPV) of future coupon payments that will not be paid because of the call. With this type of call, an investor is compensated, or "made whole." Margin: The difference between the market value of a security and the loan a broker makes using that security as collateral.
Market Risk. The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates.
Market Value. The price at which a security can be traded.
Marking to Market. The process of posting current market values for securities in a portfolio.
Maturity. The final date upon which the principal of a security becomes due and payable. An investment’s term or remaining maturity is measured from the settlement date to final maturity.
Medium Term Notes. Unsecured, investment-grade senior debt securities of major corporations which are sold in relatively small amounts on either a continuous or an intermittent basis. MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences.
Amended and Adopted by Resolution No. 20243-046 62& SA-243-896
Modified Duration. The percent change in price for a 100-basis point change in yields. Modified duration is the best single measure of a portfolio’s or security’s exposure to market risk.
Money Market. The market in which short-term debt instruments (Tbills, discount notes, commercial paper, and banker’s acceptances) are issued and traded.
Mortgage Pass-Through Securities. A securitized participation in the interest and principal cash flows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security.
Municipal Securities. Securities issued by state and local agencies to finance capital and operating expenses.
Mutual Fund. An entity which pools the funds of investors and invests those funds in a set of securities which is specifically defined in the fund’s prospectus.
Mutual funds can be invested in various types of domestic and/or international stocks, bonds, and money market instruments, as set forth in the individual fund’s prospectus. For most large, institutional investors, the costs associated with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio.
Nationally Recognized Statistical Rating Organization (NRSRO): Credit rating agencies provide assessments of an investment’s risk. The issuers of investments, especially debt securities, pay credit rating agencies to provide them with ratings. The three most prominent NRSROs are Moody’s, S&P and Fitch.
Negotiable CD: A short-term debt instrument that pays interest and is issued by a bank, savings or federal association, state of federal credit union, or statelicensed branch of a foreign bank.
Premium. The difference between the par value of a bond and the cost of the bond, when the cost is above par.
Prepayment Speed. A measure of how quickly principal is repaid to investors in mortgage securities.
Prepayment Window. The time period over which principal repayments will be received on mortgage securities at a specified prepayment speed.
Primary Dealer. A financial institution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out U.S. monetary policy, and (2) that participates for statistical reporting purposes in compiling data on activity in the U.S. Government securities market.
Prudent Person (Prudent Investor) Rule. A standard of responsibility which applies to fiduciaries. In California, the rule is stated as “Investments shall be managed with the care, skill, prudence and diligence, under the circumstances then prevailing, that a prudent person, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims to accomplish similar purposes.”
Realized Yield. The change in value of the portfolio due to interest received and interest earned and realized gains and losses. It does not give effect to
Amended and Adopted by Resolution No. 20243-046 62& SA-243-896
changes in market value on securities, which have not been sold from the portfolio.
Repurchase Agreement (RP, Repo). Short-term purchases of securities with a simultaneous agreement to sell the securities back at a higher price. From the seller’s point of view, the same transaction is a reverse repurchase agreement.
Safekeeping. A service to bank customers whereby securities are held by the bank in the customer’s name.
Structured Note. A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities or indices. Examples include inverse floating rate notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising, and "dual index floaters," which pay interest based on the relationship between two other interest rates - for example, the yield on the ten-year Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements.
Supranational: A multi-national organization whereby member states transcend national boundaries or interests to share in the decision making to promote economic development in member countries.
Total Rate of Return. A measure of a portfolio’s performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains, and losses in the portfolio.
U.S. Treasury Obligations. Securities issued by the U.S. Treasury and backed by the full faith and credit of the United States. Treasuries are considered to have no credit risk and are the benchmark for interest rates on all other securities in the US and overseas. The Treasury issues both discounted securities and fixed coupon notes and bonds.
Treasury Bills. All securities issued with initial maturities of one year or less are issued as discounted instruments and are called Treasury bills. The Treasury currently issues three- and six-month Tbills at regular weekly auctions. It also issues “cash management” bills as needed to smooth out cash flows.
Treasury Notes. All securities issued with initial maturities of two to ten years are called Treasury notes and pay interest semi-annually.
Treasury Bonds. All securities issued with initial maturities greater than ten years are called Treasury bonds. Like Treasury notes, they pay interest semi-annually.
Yield to Maturity. The annualized internal rate of return on an investment which equates the expected cash flows from the investment to its cost.
ATTACHMENT 4
RES 2024-046 EXHIBIT A
RES SA-24-89 EXHIBIT A
City of Imperial Beach
Investment Policy
Fiscal Year 2024/2025
Amended and Adopted by Resolution No. 2024-046 & SA-24-89 Page 2
CITY OF IMPERIAL BEACH, CALIFORNIA
INVESTMENT POLICY
Fiscal Year 2024/2025
I. INTRODUCTION
This Investment Policy is intended to identify various policies and procedures that will foster a prudent and systematic investment program designed to seek the City of Imperial Beach’s objectives of safety, liquidity and yield through a diversified investment portfolio. This policy also serves to organize and formalize the City’s investment-related activities, while complying with all applicable statutes governing the investment of public funds.
This Investment Policy was endorsed and adopted by the City’s governing body and is effective as of June 18, 2024. This Investment Policy replaces any previous Investment Policy or Investment Procedures of the City.
II. SCOPE
This Investment Policy applies to all the City’s financial assets and investment activities with the following exceptions:
Proceeds of debt issuance shall be invested in accordance with the City’s general investment philosophy as set forth in this policy; however, such proceeds are invested in accordance with permitted investment provisions of their specific bond indentures.
Pooling of Funds: Except for cash in certain restricted and special funds, the City will consolidate cash and reserve balances from all funds to maximize investment earnings and to increase efficiencies with regard to investment pricing, safekeeping and administration. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles.
Specific Investment Accounts: From time to time, the City Council may authorize an investment in other specific investments, or the management of bond proceeds issued by the City of Imperial Beach. This may include deposits that are set aside for future needs of a long-term nature and may be invested in longer-term securities as allowed by the Government Code.
Inter-fund transfers are not covered by this policy.
Amended and Adopted by Resolution No. 2024-046 & SA-24-89 Page 3 III. PRUDENCE
Pursuant to California Government Code, Section 53600.3, all persons authorized to make investment decisions on behalf of the City are trustees and therefore fiduciaries subject to the Prudent Investor Standard:
“…all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the Agency, that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the Agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law.” The Finance Director, Chief Administrative Officer and other authorized persons responsible for managing City funds acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes provided that the Finance Director, Chief Administrative Officer or other authorized persons acted in good faith. Deviations from expectations of a security’s credit or market risk should be reported to the governing body in a timely fashion and appropriate action should be taken to control adverse developments.
IV. OBJECTIVES
The authority governing investments for municipal governments is set forth in Government Code sections 53600 et seq. The overriding objectives of the investment program in order of importance are to preserve principal, provide sufficient liquidity, and manage investment risks.
1. Safety: Safety of principal is the foremost objective of the investment program. Investments will be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk.
2. Liquidity: The investment portfolio will remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated.
Amended and Adopted by Resolution No. 2024-046 & SA-24-89 Page 4
3. Yield: The investment portfolio will be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints for safety and liquidity needs.
V. ETHICS AND CONFLICTS OF INTEREST
All participants in the investment process shall act as fiduciaries of the public trust. As the employees assigned to implement the investment strategy, the Finance Director and Chief Administrative Officer, as identified by Resolution of the City Council, shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions.
The Finance Director and Chief Administrative Officer shall disclose any material financial interests in financial institutions that conduct business with the City, and they shall further disclose any personal financial/investment positions that could be affected by the performance of the City’s operations and functions or by the management of the City’s investment program.
Ethics and Conflicts of Interest: Officers and employees involved in the investment process shall refrain from personal business activity that conflicts with proper execution of the investment program or impair their ability to make impartial investment decisions. Additionally, the Finance Director, Chief Administrative Officer and other members of the management Investment Advisory Committee, as identified herein, are required to annually file applicable financial disclosures as required by the Fair Political Practices Commission (FPPC).
DELEGATION OF AUTHORITY
A. Authority to manage the City’s investment program is derived from California Government Code Sections 53600 et seq. The governing body is responsible for the City’s cash management, including the administration of this Investment Policy. Management responsibility for the cash management of City funds is hereby delegated to the Finance Director and Chief Administrative Officer.
The Finance Director and Chief Administrative Officer will be responsible for all transactions undertaken and will establish a system of procedures and controls to regulate the activities of subordinate employees.
B. The City may engage the services of one or more external investment managers to assist in the management of the City’s investment portfolio in a manner consistent with the City’s objectives. Such external managers may be granted discretion to purchase and sell investment securities in
Amended and Adopted by Resolution No. 2024-046 & SA-24-89 Page 5 accordance with this Investment Policy. Such managers must be registered under the Investment Advisers Act of 1940.
An Investment Committee consisting of the City Manager/Executive Director, Finance Director and Chief Administrative Officer shall be established to provide general oversight and direction concerning the policy related to management of the City's investment portfolio. Assigned Finance Department staff members may serve in a staff and advisory capacity, although are not members of the Committee.
VI. AUTHORIZED FINANCIAL INSTITUTIONS, DEPOSITORIES, AND BROKER/DEALERS A list will be maintained of financial institutions and depositories authorized to provide investment services. In addition, a list will be maintained of approved security broker/dealers selected by conducting a process of due diligence described in the investment procedures manual. These may include "primary" dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15C3-1 (uniform net capital rule).
A. The Finance Director or Chief Administrative Officer will determine which financial institutions are authorized to provide investment services to the City. Institutions eligible to transact investment business with the City include:
1. Institutions licensed by the state as a broker-dealer.
2. Institutions that are members of a federally regulated securities exchange.
3. Primary government dealers as designated by the Federal Reserve Bank and non-primary government dealers;
4. Nationally or state-chartered banks;
5. The Federal Reserve Bank; and,
6. Direct issuers of securities eligible for purchase.
B. Selection of financial institutions and broker/dealers authorized to engage in transactions with the City will be at the sole discretion of the City.
C. All financial institutions which desire to become qualified bidders for investment transactions (and which are not dealing only with the investment adviser) must supply the Finance Director or Chief Administrative Officer with a statement certifying that the institution has reviewed the California Government Code Section 53600 et seq. and the City’s Investment Policy.
Amended and Adopted by Resolution No. 2024-046 & SA-24-89 Page 6 The Finance Director or Chief Administrative Officer will conduct an annual review of the financial condition and registrations of such qualified bidders.
D. Selection of broker/dealers used by an external investment adviser retained by the City will be at the sole discretion of the investment adviser.
E. Public deposits will be made only in qualified public depositories as established by State law. Deposits will be insured by the Federal Deposit Insurance Corporation, or, to the extent the amount exceeds the insured maximum, will be collateralized in accordance with State law.
F. Collateralization:
1. Certificates of Deposit: The City shall require any commercial bank or savings and loan association to deposit eligible securities with an agency of a depository approved by the State Banking Department to secure any uninsured portion of a non-negotiable Certificate of Deposit.
The value of eligible securities as defined pursuant to Government Code Section 53651, pledged against a Certificate of Deposit shall be equal to 150% of the face value of the CD if the securities are classified as mortgages and 110% of the face value of the CD for all other classes of security.
2. Repurchase Agreements: The City requires that repurchase agreements be collateralized only by securities authorized by Government Code:
The securities which collateralize the repurchase agreement shall be priced at Market Value, including any Accrued Interest plus a margin.
The Market Value of the securities that underlie a repurchase agreement shall be valued at 102% or greater of the funds borrowed against those securities.
Financial Institutions shall mark the value of the collateral to market at least monthly and increase or decrease the collateral to satisfy the ratio requirement described above.
The City shall receive monthly statements of collateral.
VII. DELIVERY, SAFEKEEPING AND CUSTODY, AND COMPETITIVE TRANSACTIONS A. Delivery-versus-payment: Settlement of all investment transactions will be completed using standard delivery-vs.-payment procedures.
B. Third-party safekeeping: To protect against potential losses by collapse of individual securities dealers, and to enhance access to securities, interest payments and maturity proceeds, all securities owned by the City will be held in safekeeping by a third-party bank custodian, acting
Amended and Adopted by Resolution No. 2024-046 & SA-24-89 Page 7 as agent for the City under the terms of a custody agreement executed by the bank and the City. All investment transactions will require a safekeeping receipt or acknowledgement generated from the trade. A monthly report will be received by the City from the custodian listing all securities held in safekeeping with current market data and other relevant information.
The only exceptions to the foregoing shall be depository accounts and securities purchases made with: (i) local government investment pools; (ii) time certificates of deposit, and (iii) mutual funds and money market mutual funds, since these securities are not deliverable.
C. Competitive transactions: All investment transactions will be conducted on a competitive basis which can be executed through a bidding process involving at least three separate brokers/financial institutions or through use of a nationally recognized trading platform where possible.
The only exceptions to the foregoing shall be depository accounts and securities purchases made with LAIF, LGIPs, time deposits, mutual funds, and money market mutual funds, since these securities are not deliverable.
VIII. AUTHORIZED AND SUITABLE INVESTMENTS
The City’s investments are governed by Government Code, Sections 53600 et seq. Within the investments permitted by the Government Code, the City seeks to further restrict eligible investments to the guidelines listed below.
In the event an apparent discrepancy is found between this Policy and the Government Code, the more restrictive parameters will take precedence.
Percentage holding limits and credit rating minimums listed in this section apply at the time the security is purchased.
Any investment currently held at the time the Policy is adopted which does not meet the new Policy guidelines can be held until maturity and shall be exempt from the current Policy. At the time of the investment’s maturity or liquidation such funds shall be reinvested only as provided in the most current Policy.
1. U.S. Treasury and other government obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest. There are no limits on the dollar amount or percentage that the City may invest in U.S. Treasuries.
The maximum maturity is five years.
Amended and Adopted by Resolution No. 2024-046 & SA-24-89 Page 8
2. Federal Agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. There are no limits on the dollar amount or percentage that the City may invest in government-sponsored enterprises.
The maximum maturity is five years;
No more than 20% of the total portfolio may be invested in callable federal agency securities.
3. Municipal Securities. These include obligations of the City, the State of California, any local agency within the state of California, and registered notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, and, provided that:
Long-term obligations are rated in the “A” category or higher by at least one nationally recognized statistical rating organization (NRSRO);
The maximum maturity is five years;
No more than 5% of the total portfolio may be invested in any single municipal securities issuer;
No more than 30% of the portfolio may be invested in Municipal Securities.
4. Corporate Medium-Term Notes (MTNs) provided that:
Such notes have a maximum maturity of five years;
Are issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States;
Are rated in the “A” category or better by at least one NRSRO; No more than 30% of the total portfolio may be invested in corporate medium-term notes; and,
Amended and Adopted by Resolution No. 2024-046 & SA-24-89 Page 9 No more than 5% of the total portfolio may be invested in any single issuer of corporate medium-term notes.
5. Mortgage Pass-Through Securities, Collateralized Mortgage Obligations, and Asset-Backed Securities from issuers not defined in sections 1 and 2 of the Authorized and Suitable Investments Section of this policy, provided that:
Such securities have a maximum stated final maturity of five years; Are rated in the category of “AA” or its equivalent or better by a NRSRO;
Purchase of securities authorized by this subdivision may not exceed 20% of the portfolio; and,
No more than 5% of the total portfolio is invested in any single issuer of Asset-Backed or Commercial Mortgage Securities.
6. Federally Insured Time Deposits (Non-Negotiable Certificates of Deposit) in state or federally chartered banks, savings and loans, or credit unions, provided that:
The amount per institution is limited to the maximum covered under federal insurance;
No more than 20% of the portfolio will be invested in a combination of federally insured and collateralized time deposits;
The maturity of such deposits does not exceed 5 years; and, No more than 5% of the total portfolio may be invested in any single issuer of federally insured time deposits.
7. Time Deposits (Non-Negotiable Certificates of Deposit) in state or federally chartered banks, savings and loans, or credit unions in excess of insured amounts which are fully collateralized with securities in accordance with California law, provided that:
No more than 20% of the portfolio will be invested in a combination of federally insured and collateralized time deposits;
The maturity of such deposits does not exceed 5 years; and, No more than 5% of the total portfolio may be invested in any single issuer of time deposits.
Amended and Adopted by Resolution No. 2024-046 & SA-24-89 Page 10
8. Certificate of Deposit Placement Service (CDARS) provided that:
No more than 30% of the total portfolio may be invested in a combination of certificates of deposit including CDARS; and, The maturity of CDARS deposits does not exceed five years.
9. Negotiable Certificates of Deposit (NCDs) provided that:
They are issued by institutions which have long-term obligations which are rated in the “A” category or higher by at least one nationally recognized statistical rating organization; or have short term debt obligations rated “A-1” or higher, or the equivalent, by at least one NRSRO;
The maturity does not exceed five years;
No more than 30% of the total portfolio may be invested in NCDs; and,
No more than 5% of the total portfolio may be invested in any single issuer of NCDs.
10. Banker’s Acceptances provided that:
They are issued by institutions with short term debt obligations rated “A-1” or higher, or the equivalent, by at least one NRSRO; and have long-term debt obligations which are rated in the “A” category or higher by at least one NRSRO;
The maturity does not exceed 180 days;
No more than 40% of the total portfolio may be invested in banker’s acceptances; and,
No more than 5% of the total portfolio may be invested in any single issuer of banker’s acceptances.
11. Commercial Paper provided that the securities are issued by an entity that meets all of the following conditions in either paragraph a or b and other requirements specified below:
a. SECURITIES issued by corporations:
(i) A corporation organized and operating in the United States with assets more than $500 million.
Amended and Adopted by Resolution No. 2024-046 & SA-24-89 Page 11 (ii) The securities are rated “A-1” or its equivalent or better by at least one NRSRO.
(iii) If the issuer has other debt obligations, they must be rated in a rating category of “A” or its equivalent or better by at least one NRSRO.
b. SECURITIES issued by other entities:
(i) The issuer is organized within the United States as a special purpose corporation, trust, or limited liability company. (ii) The securities must have program-wide credit enhancements including, but not limited to, overcollateralization, letters of credit, or a surety bond.
(iii) The securities are rated “A-1” or its equivalent or better by at least one NRSRO.
No more than 10% of the outstanding commercial paper of any single issuer.
No more than 25% of the total portfolio is invested in commercial paper.
No more than 5% of the total portfolio is invested in any single commercial paper issuer.
The maturity does not exceed 270 days from the date of purchase.
12. Repurchase Agreements collateralized with securities authorized pursuant to Government Code that are maintained at a level of at least 102% of the market value of the repurchase agreements, provided that:
The maximum maturity of repurchase agreements will be 1 year; There is no limit to the amount to be invested in repurchase agreements;
Securities used as collateral for repurchase agreements will be delivered to the City’s custodian bank; and,
The repurchase agreements are the subject of a master repurchase agreement between the City and the provider of the repurchase agreement. The master repurchase agreement will be substantially in the form developed by the Securities Industry and Financial Markets Association (SIFMA).
Amended and Adopted by Resolution No. 2024-046 & SA-24-89 Page 12
13. State of California Local City Investment Fund (LAIF), provided that:
The City may invest up to the maximum permitted amount in LAIF; and,
LAIF’s investments in instruments prohibited by or not specified in the City’s policy do not exclude it from the City’s list of allowable investments, provided that the fund’s reports allow the Finance Director or Chief Administrative Officer to adequately judge the risk inherent in LAIF’s portfolio.
14. Local Government Investment Pools
No more than 10% per issuer limitation for Local Government Investment Pools other than LAIF.
15. Mutual Funds and Money Market Mutual Funds that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940, provided that:
Mutual Funds that invest in the securities and obligations as authorized under California Government Code Section 53601 (a) to (k) and (m) to (q) inclusive and that meet either of the following criteria:
1. Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs; or,
2. Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience investing in the securities and obligations authorized by California Government Code Section 53601 and with assets under management in excess of $500 million;
No more than 10% of the total portfolio may be invested in shares of any one mutual fund.
Money Market Mutual Funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 and issued by diversified management companies and meet either of the following criteria:
1. Have attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.
Amended and Adopted by Resolution No. 2024-046 & SA-24-89 Page 13
2. Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience managing money market mutual funds with assets under management in excess of $500 million.
No more than 20% per fund of the total portfolio may be invested in the shares of any one money market mutual fund.
No more than 20% of the total portfolio may be invested in these securities.
16. Supranational Securities, provided that:
a. Issues are US dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank.
b. The securities are rated in a rating category of “AA” or its equivalent or better by a NRSRO.
c. No more than 30% of the total portfolio may be invested in these securities.
d. No more than 10% of the portfolio may be invested in a single Supranational issuer.
e. The maximum maturity does not exceed five years.
Any State of California legislative action that further restricts allowable maturities, investment type or percentage allocations, shall be incorporated into this Investment Policy and supersede any and all previous applicable provisions inconsistent with such legislative action.
IX. MAXIMUM MATURITIES
To the extent possible, investments shall be matched with anticipated cash flow requirements and known future liabilities. No investment will be made in any security with a remaining maturity in excess of five years from the date of trade settlement, unless the City Council has by resolution granted express authority to make such an investment.
X. PORTFOLIO RISK MANAGEMENT
A. Prohibited Investment Vehicles and Practices
1. State law notwithstanding, any investments not specifically described herein are prohibited, including, but not limited to futures and options.
Amended and Adopted by Resolution No. 2024-046 & SA-24-89 Page 14
2. In accordance with Government Code Section 53601.6, investment in inverse floaters, range notes, or mortgage derived interest-only strips is prohibited.
3. Investment in any security that could result in a zero-interest accrual if held to maturity is prohibited. However, under a provision sunsetting on January 1, 2026, securities backed by the U.S. Government that could result in a zero- or negative interest accrual if held to maturity are permitted.
4. Trading securities for the sole purpose of speculating on the future direction of interest rates is prohibited.
5. Purchasing or selling securities on margin is prohibited.
6. The use of reverse repurchases agreements, securities lending or any other form of borrowing or leverage is prohibited.
7. The purchase of foreign currency denominated securities is prohibited.
8. The purchase of a security with a forward settlement exceeding 45 days from the time of the investment is prohibited.
B. Diversification and Mitigating Credit Risk in the Portfolio Credit risk is the risk that a security or a portfolio will lose some or all of its value due to a real or perceived change in the ability of the issuer to repay its debt. The City will mitigate credit risk by adopting the following strategies:
1. The diversification requirements included in Section VIII are designed to mitigate credit risk in the portfolio;
2. No more than 5% of the total portfolio may be invested in securities of any single issuer, other than the US Government, its agencies and enterprises, supranationals, money market funds, local government investment pools or unless otherwise specified in this investment policy;
3. The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to improve the quality, liquidity or yield of the portfolio in response to market conditions or City’s risk preferences; and,
4. If securities owned by the City are downgraded to a level below the quality required by this Investment Policy, making the security ineligible for additional purchases, the following steps will be taken:
Amended and Adopted by Resolution No. 2024-046 & SA-24-89 Page 15 a. Any actions taken related to the downgrade by the investment manager will be communicated to the Finance Director or Chief Administrative Officer in a timely manner.
b. If a decision is made to retain a downgraded security in the portfolio, the credit situation will be monitored and reported monthly to the governing board.
C. Mitigating Market Risk in the Portfolio
Market risk is the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The City recognizes that, over time, longer-term portfolios have the potential to achieve higher returns. On the other hand, longer-term portfolios have higher volatility of return. The City will mitigate market risk by providing adequate liquidity for short-term cash needs, and by making longer-term investments only with funds that are not needed for current cashflow purposes.
The City further recognizes that certain types of securities, including variable rate securities, securities with principal paydowns prior to maturity, and securities with embedded options, will affect the market risk profile of the portfolio differently in different interest rate environments. The City, therefore, adopts the following strategies to control and mitigate its exposure to market risk:
1. The City will maintain a minimum of six months of budgeted operating expenditures in short term investments to provide sufficient liquidity for expected disbursements;
2. The stated final maturity of individual securities in the portfolio will be five years, except as otherwise stated in this policy;
3. The maximum weighted average stated final maturity of the total portfolio shall not exceed three years; and,
4. The duration of the portfolio will at all times be approximately equal to the duration (typically plus or minus 20%) of a Market Benchmark Index selected by the City based on the City’s investment objectives, constraints and risk tolerances. The City’s current Benchmark will be documented by the City.
XI. FOSSIL FUELS RESTRICTION
Amended and Adopted by Resolution No. 2024-046 & SA-24-89 Page 16 The purchase of securities issued by fossil fuel companies that directly source the majority of their revenue from oil, gas and/or coal production is prohibited.
XII. INVESTMENT POOLS/MUTUAL FUNDS
The City shall conduct a thorough investigation of any pool or mutual fund prior to making an investment, and on a continual basis thereafter. The Finance Director or Chief Administrative Officer shall develop a questionnaire which will answer the following general questions:
A description of eligible investment securities, and a written statement of investment policy and objectives.
A description of interest calculations and how it is distributed, and how gains and losses are treated.
A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced and the program audited.
A description of who may invest in the program, how often, what size deposit and withdrawal are allowed.
A schedule for receiving statements and portfolio listings. Are reserves, retained earnings, etc. utilized by the pool/fund? A fee schedule, and when and how is it assessed.
Is the pool/fund eligible for bond proceeds and/or will it accept such proceeds?
XIII. INVESTMENT OBJECTIVES (PERFORMANCE STANDARDS AND EVALUATION) A. Overall Objective: The investment portfolio will be designed with the overall objective of obtaining a total rate of return throughout economic cycles, commensurate with investment risk constraints and cash flow needs.
B. Specific Objective: The investment performance objective for the portfolio will be to earn a total rate of return over a market cycle which is approximately equal to the return on the Market Benchmark Index selected by the City.
XIV. PROCEDURES AND INTERNAL CONTROLS
A. Procedures
The Finance Director or Chief Administrative Officer will establish investment policy procedures to assist investment staff with day-to-day operations of the investment program consistent with this policy. Such procedures will include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an
Amended and Adopted by Resolution No. 2024-046 & SA-24-89 Page 17 investment transaction except as provided under the terms of this policy and the procedures established by the City Treasurer.
B. Internal Controls
The Finance Director or Chief Administrative Officer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse.
The internal control structure will be designed to provide reasonable assurance that these objectives are met. Internal controls will be described in the City’s investment procedures manual.
XV. REPORTING, DISCLOSURE AND PROGRAM EVALUATION
A. Monthly Reports
Monthly investment reports will be submitted by the Finance Director or Chief Administrative Officer to the governing board. These reports will disclose, at a minimum, the following information about the risk characteristics of the City’s portfolio:
1. An asset listing showing par value, cost and accurate and complete market value of each security, type of investment, issuer, and interest rate;
2. Monthly transactions for the period;
3. A one-page summary report that shows:
a. Average maturity of the portfolio and modified duration of the portfolio;
b. Maturity distribution of the portfolio;
c. Average portfolio credit quality; and,
d. Time-weighted total rate of return for the portfolio for the prior one month, three months, twelve months, year to date, and since inception compared to the Benchmark Index returns for the same periods.
4. A statement of compliance with investment policy, including a schedule of any transactions or holdings which do not comply with this policy or with the California Government Code, including a justification for their presence in the portfolio and a timetable for resolution; and,
5. A statement that the City has adequate funds to meet its cash flow requirements for the next six months.
Amended and Adopted by Resolution No. 2024-046 & SA-24-89 Page 18 B. Annual Reports
1. The investment policy will be reviewed and updated at least annually at the beginning of the calendar year to ensure its consistency with the overall objectives of preservation of principal, liquidity and return, and its relevance to current law and financial and economic trends.
2. A comprehensive annual report will be presented in conjunction with the investment policy review. This report will include comparisons of the City’s return to the Benchmark Index return, suggest policies and improvements that might enhance the investment program, and will include an investment plan for the coming year.
C. Periodic Audit
The City Treasurer may establish a process of periodic independent review by an external expert to assure compliance with internal controls.
XIII. REVIEW OF INVESTMENT POLICY
This policy shall be subject to review by the City Council/Board on an annual basis. Any recommended modifications or amendments shall be presented by Staff to the City Council/Board for their consideration and adoption.
Prepared by:
Lily Flyte
Finance Director
Approved as to content:
___________________________________
Erika Cortez
Chief Administrative Officer
Date:
Amended and Adopted by Resolution No. 2024-046 & SA-24-89 Page 19 Appendix
GLOSSARY OF INVESTMENT TERMS
Agencies. Shorthand market terminology for any obligation issued by a government-sponsored entity (GSE), or a federally related institution. Most obligations of GSEs are not guaranteed by the full faith and credit of the US government. Examples are:
FFCB. The Federal Farm Credit Bank System provides credit and liquidity in the agricultural industry. FFCB issues discount notes and bonds.
FHLB. The Federal Home Loan Bank provides credit and liquidity in the housing market. FHLB issues discount notes and bonds.
FHLMC. Like FHLB, the Federal Home Loan Mortgage Corporation provides credit and liquidity in the housing market. FHLMC, also called “Freddie Mac” issues discount notes, bonds and mortgage pass-through securities.
FNMA. Like FHLB and Freddie Mac, the Federal National Mortgage Association was established to provide credit and liquidity in the housing market. FNMA, also known as “Fannie Mae,” issues discount notes, bonds and mortgage pass-through securities.
GNMA. The Government National Mortgage Association, known as “Ginnie Mae,” issues mortgage pass-through securities, which are guaranteed by the full faith and credit of the US Government.
PEFCO. The Private Export Funding Corporation assists exporters.
Obligations of PEFCO are not guaranteed by the full faith and credit of the US government.
TVA. The Tennessee Valley Authority provides flood control and power and promotes development in portions of the Tennessee, Ohio, and Mississippi River valleys. TVA currently issues discount notes and bonds.
Asked. The price at which a seller offers to sell a security.
Asset Backed Securities. Securities supported by pools of installment loans or leases or by pools of revolving lines of credit.
Average Life. In mortgage-related investments, including CMOs, the average time to expected receipt of principal payments, weighted by the amount of principal expected.
Banker’s Acceptance. A money market instrument created to facilitate international trade transactions. It is highly liquid and safe because the risk of the trade transaction is transferred to the bank which “accepts” the obligation to pay the investor.
Benchmark. A comparison security or portfolio. A performance benchmark is a partial market index, which reflects the mix of securities allowed under a specific investment policy.
Bid. The price at which a buyer offers to buy a security.
Amended and Adopted by Resolution No. 2024-046 & SA-24-89 Page 20 Broker. A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from their own position.
Callable. A callable security gives the issuer the option to call it from the investor prior to its maturity. The main cause of a call is a decline in interest rates. If interest rates decline since an issuer issues security, it will likely call its current securities and reissue them at a lower rate of interest. Callable securities have reinvestment risk as the investor may receive its principal back when interest rates are lower than when the investment was initially made.
Certificate of Deposit (CD). A time deposit with a specific maturity evidenced by a certificate. Large denomination CDs may be marketable.
Collateral. Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also, securities pledged by a financial institution to secure deposits of public monies.
Collateralized Mortgage Obligations (CMO). Classes of bonds that redistribute the cash flows of mortgage securities (and whole loans) to create securities that have different levels of prepayment risk, as compared to the underlying mortgage securities.
Commercial Paper. The short-term unsecured debt of corporations.
Cost Yield. The annual income from an investment divided by the purchase cost.
Because it does not give effect to premiums and discounts which may have been included in the purchase cost, it is an incomplete measure of return.
Coupon. The rate of return at which interest is paid on a bond.
Credit Risk. The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer.
Current Yield. The annual income from an investment divided by the current market value. Since the mathematical calculation relies on the current market value rather than the investor’s cost, current yield is unrelated to the actual return the investor will earn if the security is held to maturity.
Dealer. A dealer acts as a principal in security transactions, selling securities from and buying securities for their own position.
Debenture. A bond secured only by the general credit of the issuer.
Delivery vs. Payment (DVP). A securities industry procedure whereby payment for a security must be made at the time the security is delivered to the purchaser’s agent.
Derivative. Any security that has principal and/or interest payments which are subject to uncertainty (but not for reasons of default or credit risk) as to timing and/or amount, or any security which represents a component of another security which has been separated from other components (“Stripped” coupons and principal). A derivative is also defined as a financial instrument the value of which is totally or partially derived from the value of another instrument, interest rate, or index.
Discount. The difference between the par value of a bond and the cost of the bond, when the cost is below par. Some short-term securities, such as Tbills and banker’s acceptances, are known as discount securities. They
Amended and Adopted by Resolution No. 2024-046 & SA-24-89 Page 21 sell at a discount from par and return the par value to the investor at maturity without additional interest. Other securities, which have fixed coupons, trade at a discount when the coupon rate is lower than the current market rate for securities of that maturity and/or quality.
Diversification. Dividing investment funds among a variety of investments to avoid excessive exposure to any one source of risk.
Duration. The weighted average time to maturity of a bond where the weights are the present values of the future cash flows. Duration measures the price sensitivity of a bond to changes in interest rates. (See modified duration).
Federal Funds Rate. The rate of interest charged by banks for short-term loans to other banks. The Federal Reserve Bank through open-market operations establishes it.
Federal Open Market Committee: A committee of the Federal Reserve Board that establishes monetary policy and executes it through temporary and permanent changes to the supply of bank reserves.
Local Agency Investment Fund (LAIF): A voluntary investment fund open to government entities and certain non-profit organizations in California that is managed by the State Treasurer’s Office.
Local Government Investment Pool: Investment pools that range from LAIF to county pools, to Joint Powers Authorities (JPAs). These funds are not subject to the same SEC rules applicable to money market mutual funds.
Leverage. Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing.
Liquidity: The speed and ease with which an asset can be converted to cash.
Make Whole Call. A type of call provision on a bond that allows the issuer to pay off the remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a lump sum payment that equals the net present value (NPV) of future coupon payments that will not be paid because of the call. With this type of call, an investor is compensated, or "made whole." Margin: The difference between the market value of a security and the loan a broker makes using that security as collateral.
Market Risk. The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates.
Market Value. The price at which a security can be traded.
Marking to Market. The process of posting current market values for securities in a portfolio.
Maturity. The final date upon which the principal of a security becomes due and payable. An investment’s term or remaining maturity is measured from the settlement date to final maturity.
Medium Term Notes. Unsecured, investment-grade senior debt securities of major corporations which are sold in relatively small amounts on either a continuous or an intermittent basis. MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences.
Amended and Adopted by Resolution No. 2024-046 & SA-24-89 Page 22 Modified Duration. The percent change in price for a 100-basis point change in yields. Modified duration is the best single measure of a portfolio’s or security’s exposure to market risk.
Money Market. The market in which short-term debt instruments (Tbills, discount notes, commercial paper, and banker’s acceptances) are issued and traded.
Mortgage Pass-Through Securities. A securitized participation in the interest and principal cash flows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security.
Municipal Securities. Securities issued by state and local agencies to finance capital and operating expenses.
Mutual Fund. An entity which pools the funds of investors and invests those funds in a set of securities which is specifically defined in the fund’s prospectus.
Mutual funds can be invested in various types of domestic and/or international stocks, bonds, and money market instruments, as set forth in the individual fund’s prospectus. For most large, institutional investors, the costs associated with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio.
Nationally Recognized Statistical Rating Organization (NRSRO): Credit rating agencies provide assessments of an investment’s risk. The issuers of investments, especially debt securities, pay credit rating agencies to provide them with ratings. The three most prominent NRSROs are Moody’s, S&P and Fitch.
Negotiable CD: A short-term debt instrument that pays interest and is issued by a bank, savings or federal association, state of federal credit union, or statelicensed branch of a foreign bank.
Premium. The difference between the par value of a bond and the cost of the bond, when the cost is above par.
Prepayment Speed. A measure of how quickly principal is repaid to investors in mortgage securities.
Prepayment Window. The time period over which principal repayments will be received on mortgage securities at a specified prepayment speed.
Primary Dealer. A financial institution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out U.S. monetary policy, and (2) that participates for statistical reporting purposes in compiling data on activity in the U.S. Government securities market.
Prudent Person (Prudent Investor) Rule. A standard of responsibility which applies to fiduciaries. In California, the rule is stated as “Investments shall be managed with the care, skill, prudence and diligence, under the circumstances then prevailing, that a prudent person, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims to accomplish similar purposes.”
Realized Yield. The change in value of the portfolio due to interest received and interest earned and realized gains and losses. It does not give effect to
Amended and Adopted by Resolution No. 2024-046 & SA-24-89 Page 23 changes in market value on securities, which have not been sold from the portfolio.
Repurchase Agreement (RP, Repo). Short-term purchases of securities with a simultaneous agreement to sell the securities back at a higher price. From the seller’s point of view, the same transaction is a reverse repurchase agreement.
Safekeeping. A service to bank customers whereby securities are held by the bank in the customer’s name.
Structured Note. A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities or indices. Examples include inverse floating rate notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising, and "dual index floaters," which pay interest based on the relationship between two other interest rates - for example, the yield on the ten-year Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements.
Supranational: A multi-national organization whereby member states transcend national boundaries or interests to share in the decision making to promote economic development in member countries.
Total Rate of Return. A measure of a portfolio’s performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains, and losses in the portfolio.
U.S. Treasury Obligations. Securities issued by the U.S. Treasury and backed by the full faith and credit of the United States. Treasuries are considered to have no credit risk and are the benchmark for interest rates on all other securities in the US and overseas. The Treasury issues both discounted securities and fixed coupon notes and bonds.
Treasury Bills. All securities issued with initial maturities of one year or less are issued as discounted instruments and are called Treasury bills. The Treasury currently issues three- and six-month Tbills at regular weekly auctions. It also issues “cash management” bills as needed to smooth out cash flows.
Treasury Notes. All securities issued with initial maturities of two to ten years are called Treasury notes and pay interest semi-annually.
Treasury Bonds. All securities issued with initial maturities greater than ten years are called Treasury bonds. Like Treasury notes, they pay interest semi-annually.
Yield to Maturity. The annualized internal rate of return on an investment which equates the expected cash flows from the investment to its cost.
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June 18, 2024
ITEM TITLE: VETERANS & MILITARY AFFAIRS COMMITTEE – APPROVAL OF NONRESIDENT APPOINTEE IN COMPLIANCE WITH IMPERIAL BEACH MUNICIPAL CODE
2.26.20(F). (0120-95)
ORIGINATING DEPARTMENT:
Mayor
EXECUTIVE SUMMARY:
The City Council of the City of Imperial Beach established a Veterans & Military Affairs Committee (VMAC) to serve as a resource to provide advice and make recommendations to the City Council on issues affecting active military, veterans and their families and on matters which veterans have special areas of knowledge and expertise. At the June 5, 2024 City Council Meeting, the City Council approved five (5) appointments to fill the vacancies on the VMAC. In accordance with IBMC 2.26.20(F), all members of the VMAC shall be residents of the city unless the City Council determines by a four-fifths (4/5) vote that a non-resident shall be appointed due to special expertise that is not available among resident candidates.
RECOMMENDATION:
That the City Council determine by a four-fifths (4/5) vote that John Haythe, a non-resident, shall be appointed to the Veterans & Military Affairs Committee due to special expertise that is not available among resident candidates.
OPTIONS:
Approve the appointment of John Haythe by a four-fifths (4/5) vote; or Request additional information and provide direction to the City Manager.
BACKGROUND/ANALYSIS:
The City Council of the City of Imperial Beach established a Veterans & Military Affairs Committee (VMAC) to serve as a resource to provide advice and make recommendations to the City Council on issues affecting active military, veterans and their families and on matters which veterans have special areas of knowledge and expertise.
At the June 5, 2024 City Council Meeting, the City Council approved five (5) appointments to fill the vacancies on the VMAC. In accordance with IBMC 2.26.20(F), all members of the VMAC shall be residents of the city unless the City Council determines by a four-fifths (4/5) vote that a nonresident shall be appointed due to special expertise that is not available among resident candidates.
John Haythe, a Vietnam veteran and former resident of Imperial Beach, actively contributes to the Veterans of Foreign Wars (VFW) Post 5477 and the American Legion Post 820, both located in Imperial Beach. He has served as a Judge Advocate for the VFW and on the Housing Committee
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for 30 years. Additionally, he collaborates with the Fleet Reserve on various veterans events, such as Memorial Day and Veterans Day. John is establishing a program and resources for mental health. John is also a member of the Imperial Beach Chamber of Commerce Board of Directors and an alumnus of the Grand Jury Association for the County of San Diego. Furthermore, he assists the City of Imperial Beach with the annual raising of commemorative flags for the military branches.
The recommendation is that the City Council determine that John Haythe, a non-resident, shall be appointed to the Veterans & Military Affairs Committee due to his special expertise.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT:
Besides staff support, there is no additional direct fiscal impact associated with the Veterans & Military Affairs Committee.
ATTACHMENTS:
None.
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June 18, 2024
ITEM TITLE: ADOPTION OF RESOLUTION NO. 2024-053 AUTHORIZING RECEIPT OF
OCEAN PROTECTION COUNCIL GRANT FUNDS FOR IMPERIAL BEACH COMMUNITY RESILIENCE PLAN PROJECT & RESOLUTION NO. 2024-054 AUTHORIZING REQUISITE BUDGET ADJUSTMENTS, & AMENDMENT TO CONTRACT WITH GHD, INC.
ORIGINATING DEPARTMENT:
Community Development
EXECUTIVE SUMMARY:
In 2021, the City applied for and obtained a National Fish & Wildlife Foundation Coastal Resilience Fund Grant. In 2023, after award and execution of the grant agreement, the City of Imperial Beach performed substantial community and agency engagement to understand local concerns about coastal flooding and explore opportunities to address them. Extensive work continued on the project with completion of a Work Plan, collection of baseline data, and further outreach conducted with the community leading to the identification of adaptation strategies based on geography/current conditions and projected future conditions. The adaptation strategies were shown to the public and the overall feedback was generally supportive of the proposed adaptation strategies. In 2024, the Draft Imperial Beach Community Resilience Plan was released for public comment. Further funding will enable additional neighborhood level engagement to complete risk analyses, gain a better understanding of the mechanisms to fund the construction and maintenance of the adaptation strategies, and allow for more technical analysis to further assess feasibility of adaptation strategies.
Resolution No. 2024-053 authorizes the City to receive grant funds from the Ocean Protection Council (OPC) Senate Bill 1 Grant, which will be used to continue work on the Imperial Beach Community Resilience Plan. Tasks include further community engagement, risk assessment, evaluation of financing mechanisms, development of a sustainable funding framework, and substantial data collection through focused technical studies.
Resolution No. 2024-054 authorizes the requisite budget adjustments and an amendment to the professional services agreement with GHD, Inc. allowing the same project team to continue work on the project.
RECOMMENDATION:
Adopt Resolution No. 2024-053 authorizing the City Manager, or designee thereof, to execute all documents and take any actions necessary and appropriate to carry out the intent of this resolution accepting the grant funds awarded by the Ocean Protection Council and adopt Resolution No. 2024-054 authorizing the City Manager or designee to make required budget adjustments to accommodate the grant funds and project expenditures, and authorize the City Manager, or designee to make an amendment to the contract with GHD, Inc. for consultant support to implement the project.
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OPTIONS:
In addition to receiving this report and adopting staff’s recommendations, the City Council can:
Not adopt Resolution No. 2024-053 and Resolution No. 2024-054, opting out of the grant funding; or
Request additional information.
BACKGROUND/ANALYSIS:
The City of Imperial Beach completed a Sea Level Rise Vulnerability Assessment in 2016 which identified the impacts that the City currently experiences related to hazards such as tidal inundation and flooding that will be further exacerbated in the future due to Sea Level Rise.
According to the study, significant impacts are projected to start occurring with a 1.6-foot increase in Sea Level Rise should the City not implement any adaptation strategies. While it became apparent from the assessment that Imperial Beach is one of the most vulnerable communities to sea-level rise in California, and it is known that Imperial Beach experiences wave and tidal flooding, coastal erosion, and high groundwater during high tides and storm events, even with the efforts taken with the Sea Level Rise Vulnerability Assessment, Imperial Beach is still at the early phase of understanding and identifying coastal resilience needs for our community.
This is largely due to hurdles associated with determining the feasibility of adaptation projects that can increase the City’s resiliency. One of the consistent roadblocks that is difficult to address are the constraints analysis and establishment of a baseline. There is a need for additional data analysis and collection to establish the baseline conditions within the City and to identify shoreline adaptation strategies that incorporate natural infrastructure. Additionally, there is a need to have a living, working document that incorporates policies that address the vulnerable populations that currently experience impacts related to coastal flooding and sea level rise. The development of an Imperial Beach Community Resilience Plan would include an implementation plan, a monitoring plan, and the policy framework needed to allow for the planning and implementation of adaptation/mitigation/resilience projects.
The National Fish and Wildlife Foundation (NFWF) released the National Coastal Resilience Fund (NCRF) Grant request for pre-proposals in April of 2021 for approximately $34 million in grants to
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create and restore natural systems to increase protection for communities from coastal storms, sea- and lake-level changes, inundation, and coastal erosion, while improving habitats for fish and wildlife species. The grant included four priority areas: Community Capacity Building and Planning, Site Assessment and Preliminary Design, Final Design and Permitting, and Restoration and Monitoring. City staff identified this grant as an opportunity to utilize the funding for the priority area Community Capacity Building and Planning to address the need of identifying adaptation pathways to address impacts related to flooding and sea level rise through the development of the Imperial Beach Community Resilience Plan (IBCRP).
As such, City staff submitted a pre-proposal for $250,000 to develop the Imperial Beach Community Resilience Plan and was invited to submit a full proposal in May of 2021. After submitting the full proposal, the City was awarded the $250,000 NCRF Grant.
The full proposal was for the Imperial Beach Community Resilience Plan Project. Through the project, staff would engage stakeholders and complete extensive data collection to gain a better understanding of the existing constraints, survey the coastal areas, establish a baseline and monitoring program, ensure broad utility of the resilience plan, and build capacity to enable planning of future adaptation projects, strategies, and other activities.
The Imperial Beach Community Resilience Plan Project proposed activities are as follows:
Creation of a work plan and outline
Constraints and opportunities analysis
Outreach and Planning Coordination
Development of a draft Imperial Beach Community Resilience Plan o Monitoring Plan
o Implementation Plan
Public Review process
City Council Consideration of Adoption of a Final Plan The resulting plan will guide the City in risk management and mitigation while enhancing surrounding habitats by balancing core community needs with the ecological principles and processes that afford Imperial Beach the best protection over time. Key partners include Imperial Beach residents, Port of San Diego, Tijuana River National Estuarine Research Reserve, US Fish & Wildlife Service, and Scripps Center for Climate Change Impacts and Adaptation.
Pursuant to Imperial Beach Municipal Code (IBMC) Section 3.04.160, the request for qualifications/proposals (RFQ/P) for professional consultant services for the development of the IB CRP was posted on January 25, 2023 and the submittal period came to a close on February 27, 2023. The City received four (4) consultant proposals, and after much consideration by the City’s Selection Committee, it was found that the most qualified consultant team that best met the evaluation criteria to work on the development of the IB CRP would be GHD Inc. As such, the City Council adopted Resolution No. 2023-22 on April 5, 2023 enabling the City to enter into a Professional Services Agreement with GHD Inc., as the consultant for the development of the IB CRP.
After contracting with GHD Inc., the project team has spent the past year conducting extensive work on the project, completing a work plan, collecting baseline data, completing outreach with the community, and identifying potential adaptation strategies based on geography/current conditions and projected future conditions. Additionally, the project team created the Resilient and Thrive Outreach campaign to engage the community and identify how the adaptation strategies would both address infrastructure resilience while folding in the community needs through a community driven design. The feedback received from the community engagement process led
P a g e | 4
to the development of the Draft Imperial Beach Community Resilience Plan which was released for public review and comment in May 2024.
Task 1: Work Plan and Outline (includes data collection) Work Plan
The project team developed a Work Plan to guide the team toward project completion. This Work Plan is regularly reviewed and updated incorporating new information and community feedback.
Data Collection
The Project Team has been coordinating with the Port of San Diego for GIS/CAD layer of areas in the City of Imperial Beach that are leased or managed by the Port. This data was then overlain on Imperial Beach parcels to illustrate the location of revetment in contrast to property boundaries.
Additionally, the Project Team collected Coastal Development Permit data from the California Coastal Commission to better understand the opportunities and constraints of potential sea level rise adaptation strategies. An engineering survey is in process to better understand the baseline conditions along the coast. The survey is a two-step process including aerial photography and an on-the-ground survey. The output will give the Project Team a better understanding of existing shoreline protection in relationship to property lines and structures.
Task 2: Constraints and Opportunities Analysis:
After review of the available baseline
data for the project, the project team
completed a feasibility analysis to identify
potential adaptation strategies for
specific areas in the City currently
impacted by seasonal flooding and
forecast to be substantially affected by
future sea level rise. These areas are
adjacent to the Bayfront, the ocean, and
the estuary. For the Bayfront, the
Bayshore Bikeway Resiliency Project
incorporates a living levee with ecotone
slope and flood detention basin
adaptation strategies to address existing
and future flooding. Development of
100% designs is currently underway. For
the areas adjacent to the ocean and the
estuary, the feasibility analysis identified
opportunities to enhance flood protection
at existing beach access areas, street
ends, and areas directly adjacent to the estuary. Taking into account the results from the feasibility analysis, the project team has identified potential draft coastal adaptation strategies.
P a g e | 5
Segment 2: Potential Living Shoreline and/or Extending Groins
Segment 3: Fill gaps in the revetment at access points or elevate existing revetment to adjacent elevation
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Segment 4: (Green) Floodwall on the estuary side of south Seacoast Drive that is adaptable with an elevated boardwalk and (Yellow) Living levee with elevated path adjacent to the Seaside Point Neighborhood
Task 3: Outreach and Planning Coordination
Outreach Preparation and Planning
There are two types of community outreach used in the project:
a. Raise awareness: Online and print marketing disseminated to the community in a format that allows community members to spread the word about the project. i. The Project team has developed a project website, a logo, business cards, and talking points as part of the Awareness campaign.
P a g e | 7
b. Workshops, pop-ups, and surveys: Intended to inform and collection information from the community, these may be standalone events or tied to preexisting Imperial Beach community events.
Task 4: Development of a draft Imperial Beach Community Resilience Plan & Task 5:
Public Review Process
The Draft Imperial Beach Community Resilience Plan which included a monitoring and implementation plan was released for public review and comment on May 10, 2024.
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On June 4, 2024 the Ocean
Protection Council met and
authorized an award for the City of
Imperial Beach to accept and
appropriate $848,000 to the
Imperial Beach Community
Resilience Plan Project to continue
work which would include
additional neighborhood level
engagement, to complete risk
analyses, gain a better
understanding of the mechanisms
to fund construction and
maintenance of the adaptation
strategies, and allow for more
technical analysis to further assess
feasibility of adaptation strategies.
Resolution No. 2024-053
authorizes the City to proceed with
the project with grant support from
the Ocean Protection Council.
Resolution No. 2024-054
authorizes the requisite budget adjustments for the project and an amendment to the professional services agreement with GHD, Inc. to continue work on the project using the same project team.
The Imperial Beach Community Resilience Plan is a proactive approach to the planning and implementation of coastal flooding adaptation strategies. The Plan and planning process includes extensive data collection and an actionable, regulatory-aligned coastal adaptation plan - titled with the supporting monitoring to address coastal flooding and the protection of vulnerable communities and infrastructure. As Imperial Beach faces significant financial exposure to flood risks, continuation of the project will examine risk analyses, an evaluation of financing mechanisms, development of a sustainable funding framework, and focused technical studies necessary to support the community and agency demand for science-based information.
ENVIRONMENTAL DETERMINATION:
The acceptance of this grant is not a project as defined by the CEQA Guidelines Section 15378.
FISCAL IMPACT:
FISCAL YEAR: 24/25, 25/26, and 26/27
BUDGETED: $848,000
BUDGET AMENDMENT Increase expenditures in account
214-1230-413.2006 (Professional
Services) in the amount of $848,000
using the project number GRT086-P
and increase revenues in account
214-0000-334.4001 (State Grants)
using the project number GRT086-R
in the amount of $848,000 (for the
Ocean Protection Council grant).
P a g e | 9
ACCOUNT NO(S).: 214-1230-413.2006 and 214-0000-
334.4001
PROJECT NO(S).: GRT086-P and GRT086-R
FISCAL ANALYSIS: The Ocean Protection Council
awarded the City of Imperial Beach a
$848,000 grant.
CURRENT BUDGET: n/a
ANTICIPATED
EXPENDITURE:
$848,000
ATTACHMENTS:
ATT 1 – Resolution No. 2024-053
ATT 2 – Resolution No. 2024-054
WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and
WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval by the potential grantee’s governing board either before submission of said application(s) to the State or prior to execution of the grant agreement; and
WHEREAS, the Applicant/Grantee, if selected, will enter into an agreement with the State of California to carry out the project
NOW, THEREFORE, BE IT RESOLVED that the _____________________________________________________
1. If applicable, approves the filing of an application for the _______________________________________; to be funded by ________________________________________________________________________.
2. If applicable, certifies that Applicant or title holder will have sufficient funds to operate and maintain the project(s) consistent with the land tenure requirements; or will secure the resources to do so;
3. Certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws, and, that prior to commencement of the project, all applicable permits will have been obtained; and,
4. Certifies that the Applicant/Grantee will work towards the State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1, and,
5. Appoints the ___________________________________, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s).
Approved and adopted the __________day of __________ 20____. I, the undersigned, hereby certify that the foregoing Resolution Number __________ was duly adopted by the __________________________________.
Following Roll Call Vote: Ayes: _________
Nos: _________
Absent: _________
__________________________________________, _____________________________________________ (Signature) (Title)
OCEAN PROTECTION COUNCIL – RESOLUTION TEMPLATE
Resolution No: _______________________
RESOLUTION BY ________________________________________________________________________
APPROVING THE APPLICATION FOR AND/OR EXECUTION OF GRANT FUNDS FROM THE OCEAN
PROTECTION COUNCIL UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (Proposition 84), Prop 68,
ENVIRONMENTAL LICENSE PLATE FUNDS, ONCE THROUGH COOLING OR GENERAL FUNDS Governing Board Resolution CNRA OPC 012
Attachment 1
2024-053 2024-053 THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, Imperial Beach Community Resilience Plan Ocean Protection Council Senate Bill 1 Grant City Manager, Tyler Foltz 18th June 24 PALOMA AGUIRRE, MAYOR
ATTACHMENT 2
RESOLUTION NO. 2024-054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA,
AUTHORIZING THE REQUISITE BUDGET ADJUSTMENTS TO ACCOMMODATE THE OCEAN PROTECTION COUNCIL SENATE BILL 1 GRANT FUNDS IN THE AMOUNT OF $848,000 TO FUND THE IMPERIAL BEACH COMMUNITY RESILIENCE PLAN PROJECT AND
PROJECT EXPENDITURES AND AUTHORIZE AN AMENDMENT TO THE CONTRACT WITH GHD, INC. FOR CONSULTANT SUPPORT TO IMPLEMENT THE PROJECT.
WHEREAS, the Imperial Beach Community Resilience Plan (the “project”) is consistent with the purposes of Division 26.5 of the Public Resources Code, the California Ocean Protection Act; and
WHEREAS, the project is consistent with the Budget Act of 2022 which included a $37.5 million Greenhouse Gas Reduction Fund appropriation, Budget Act of 2023 which included a $54.5 General Fund appropriation, for implementation of Chapter 236 of the Statutes of 2021 (SB 1), and an anticipated $10 million in the 2024-2025 budget; and WHEREAS, at its June 4, 2024 meeting, the Ocean Protection Council adopted a resolution authorizing disbursement of up to $848,000 to the City of Imperial Beach (“grantee”) who submitted a successful application to the Senate Bill 1 Sea-Level Rise Adaptation Planning Grant Program for sea level rise adaptation planning or implementation projects for the project; and
WHEREAS, the City is receiving the grant from the Ocean Protection Council to continue work on the Imperial Beach Community Resilience Plan for the proactive planning and implementation of coastal flooding adaptation strategies; and WHEREAS, the City Council desires to continue its work on the Imperial Beach Community Resilience Plan Project and authorize an amendment to the contract with GHD, Inc. for consultant support to implement the project; and
WHEREAS, the City Council finds that the acceptance of this grant is not a project as defined by the CEQA Guidelines Section 15378.
NOW, THEREFORE, THE CITY COUNCIL of the City of Imperial Beach resolves as follows:
1. The City Manager or designee is authorized to accept grant funds from the Ocean Protection Council Senate Bill 1 Grant in the amount of $848,000.
2. The City Manager or designee is authorized to increase expenditures in account 214- 1230-413.2006 (Professional Services) in the amount of $848,000 using the project number GRT086-P and increase revenues in account 214-0000-334.4001 (State Grants) using the project number GRT086-R in the amount of $848,000 (for the Ocean Protection Council SB 1 grant).
3. The City Manager or designee is authorized to execute an amendment to the contract with GHD, Inc. for the work on the Imperial Beach Community Resilience Plan Project which will amend the scope of work and amount of the contract in the amount of $848,000.
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.
Resolution No. 2024-054
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 18
th day of June 2024, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
PALOMA AGUIRRE, MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
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June 18, 2024
ITEM TITLE: RC COMMERCIAL HOLDINGS, LLC (OWNER); REGULAR COASTAL PERMIT (CP-24-0003), CONDITIONAL USE PERMIT (CUP-24-0002), AND CEQA CATEGORICAL EXEMPTION PER SECTION 15301 CLASS 1 FOR LIVE ENTERTAINMENT AT 951 SEACOAST DRIVE. USE-24-0029 (0600-20).
ORIGINATING DEPARTMENT:
Community Development
EXECUTIVE SUMMARY:
The property owner at 951 Seacoast Drive, which is in the C/MU-2 (Seacoast Commercial & Mixed Use) Zone, has proposed to operate live entertainment on the roof deck of a two-story commercial building at 951 Seacoast Drive, which is nearing completion of construction (APN 625-352-23-00). A Public Notice stating that a public hearing would be held on June 18, 2024, was mailed to property owners within a 300-ft radius and occupants within a 100-ft radius of the project site on June 4, 2024, and posted in the June 6, 2024 edition of the Imperial Beach Eagle & Times Newspaper.
The property owner has since requested the item be continued to a future City Council meeting.
As such, it is requested that the City Council continue the item to the August 7, 2024 City Council meeting.
RECOMMENDATION:
That the City Council continue the public hearing for Regular Coastal Permit (CP-24-0003), Conditional Use Permit (CUP-24-0002), and categorical Exemption pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities) for live entertainment at 951 Seacoast Drive (APN 625- 352-23-00), to the August 7, 2024, City Council Meeting.
BACKGROUND/ANALYSIS:
The property owner at 951 Seacoast Drive, which is in the C/MU-2 (Seacoast Commercial & Mixed Use) Zone, has proposed to operate live entertainment on the roof deck of a two-story commercial building at 951 Seacoast Drive, which is nearing completion of construction (APN 625-352-23-00). A Public Notice stating that a public hearing would be held on June 18, 2024, was mailed to property owners within a 300-ft radius and occupants within a 100-ft radius of the project site on June 4, 2024, and posted in the June 6, 2024 edition of the Imperial Beach Eagle & Times Newspaper.
The property owner has since requested the item be continued to a future City Council meeting.
As such, it is requested that the City Council continue the item to the August 7, 2024 City Council Meeting.
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ENVIRONMENTAL DETERMINATION:
The request to continue the item to a future City Council meeting is not a project as defined by the California Environmental Quality Act (CEQA).
COASTAL JURISDICTION:
This project is located in the coastal zone as defined by the California Coastal Act of 1976. The future City Council public hearing will serve as the required coastal permit hearing and the City Council will consider the findings under the California Coastal Act.
FISCAL IMPACT:
The Applicant has paid a fee of $11,614.00 to fund processing of the application.
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June 18, 2024
ITEM TITLE: RESOLUTION 2024-050 APPROVING ADMIN. AMEND. NO. 15 (23-15) TO 2023
REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM UPDATING PROGRAMMED
FUNDS TO MATCH FUNDING IN THE CAPITAL IMPROVEMENT PROGRAM AND ACTUAL FY23 & FY24 TRANSNET PAYMENTS RECEIVED. (0680-80)
ORIGINATING DEPARTMENT:
Public Works
EXECUTIVE SUMMARY:
This is the Public Hearing to adopt Amendment No. 15 (23-15) to the 2023 Regional Transportation Improvement Program (RTIP) updating TransNet programmed funds to match funding changes to projects in the City’s Capital Improvement Program that use TransNet funds.
This amendment will also reflect actual FY23 and FY24 TransNet payments received.
The 2023 TransNet Program of Projects is periodically adjusted to reflect the latest SANDAG estimates of the City’s annual income from TransNet sales tax revenues and to account for any changes in programmed project funding.
The TransNet Extension Ordinance (Prop A) requires TransNet recipients to hold a Public Hearing and submit a formal Amendment any time TransNet funds are impacted.
RECOMMENDATION:
1. Receive this report.
2. Open the Public Hearing;
3. Receive public comment;
4. Close the Public Hearing;
5. Adopt Resolution 2024-050 - A Resolution of the City Council of the City of Imperial Beach, California authorizing staff to update programmed TransNet funds in the 2023 Regional Transportation Improvement Program.
OPTIONS:
Approve Resolution No. 2024-050 adopting Amendment No. 15 (23-15) to the 2023 Regional Transportation Improvement Program (RTIP) updating programmed funds to match funding in the Capital Improvement Program and actual FY23 and FY24 payments received;
Approve Resolution No. 2024-050 and adopt Amendment No. 15 (23-15) to the 2023 RTIP covering Fiscal Years 2023-2024 as modified by City Council; or Request additional information and an additional report BACKGROUND/ANALYSIS:
P a g e | 2
The TransNet Extension Ordinance became effective in Fiscal Year 2009. The TransNet Extension Ordinance limited the maintenance expenditures to a maximum of 30% of the total Local Streets and Roadway Program allocation. The remaining 70% of the allocated funds are to be expended on major roadway capital improvement projects.
On June 1, 2022 Council held a Public Hearing and adopted the 2023 RTIP for Fiscal Years 2023 through 2027.
The following six City projects have TransNet funds programmed in the current RTIP Program of Projects: IB02 Street Maintenance Operations, IB12 Major Street Improvements, IB21 SR-75 Signal Interconnection Project, IB22 9th Street Active Transportation Corridor, IB23 10th Streetscape Enhancement Project, IB24 Palm Avenue Complete Multimodal Corridor.
Attachment 2 provides the 2023 RTIP Amendment No. 15 Program of Projects for the City of Imperial Beach for the five-year period (FYs 2023-2027) and includes those six projects. Under each of those projects, the updated TransNet programmed funds included in this amendment as well as the TransNet programmed funds when the projects were last amended prior to this amendment are shown.
This Amendment captures any changes to the City’s Capital Improvement Program TransNet project funding and matches actual FY23 and FY24 TransNet payments received.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT:
Programmed funds in the 2023 RTIP will match the funding in the City’s Capital Improvement Program and the actual FY23 and FY24 TransNet payments received.
ATTACHMENTS:
ATT 1 – Resolution No. 2024-050
ATT 2 – 2023 RTIP Amendment No. 15 Program of Projects
ATTACHMENT 1
RESOLUTION NO. 2024-050
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, APPROVING ADMINISTRATIVE AMENDMENT NO. 15 (23-15) TO THE 2023 REGIONAL
TRANSPORTATION IMPROVEMENT PROGRAM UPDATING PROGRAMMED FUNDS TO MATCH FUNDING IN THE CAPITAL IMPROVEMENT PROGRAM AND ACTUAL FY23 AND FY24 TRANSNET PAYMENTS RECEIVED
WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance); and
WHEREAS, the TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve on a biennial basis a multi-year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; and
WHEREAS, the City of Imperial Beach was provided with an estimate of annual TransNet local street improvement revenues for fiscal years 2023 through 2027; and WHEREAS, the City of Imperial Beach approved its 2023 TransNet Local Street Improvement Program of Projects (POP) on June 1, 2022, and the City of Imperial Beach desires to make adjustments to its Program of Projects; and
WHEREAS, the City of Imperial Beach has held a noticed public hearing with an agenda item that clearly identified the proposed amendment prior to approval of the projects by its authorized legislative body in accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31.
NOW, THEREFORE, BE IT RESOLVED that City of Imperial Beach requests that SANDAG make the following changes to its 2023 POP (the “Amendment”) as programmed in the 2023 RTIP: and
BE IT FURTHER RESOLVED that pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City of Imperial Beach certifies that no more than 30 percent of its annual revenues shall be spent on local street and road maintenance-related projects as a result of the Amendment.
BE IT FURTHER RESOLVED that pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of Imperial Beach certifies that all new or changed projects, or major reconstruction projects included in the Amendment and funded by TransNet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed was clearly noticed as part of the City of Imperial Beach’s public hearing process for the Amendment.
BE IT FURTHER RESOLVED that the City of Imperial Beach does hereby certify that all applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy No. 31 have been met.
Resolution No. 2024-050
BE IT FURTHER RESOLVED that the City of Imperial Beach continues to agree to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to City of Imperial Beach’s TransNet funded projects.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 18
th day of June 2024, by the following vote:
AYES: COUNCILMEMBERS: NOES:COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
PALOMA AGUIRRE, MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
Attachment 2 Page 153 of 198
Attachment 2 Page 154 of 198
Attachment 2 Page 155 of 198
Attachment 2 Page 156 of 198
Attachment 2 Page 157 of 198
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June 18, 2024
ITEM TITLE: RESOLUTION NO. 2024-051 ADOPTING THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2025 THROUGH 2029. (0680-80)
ORIGINATING DEPARTMENT:
Public Works
EXECUTIVE SUMMARY:
This is a public hearing for Resolution No. 2024-051, which will adopt the program of projects to be submitted to SANDAG for TransNet roadway improvement funding during the next five years.
The program of projects (Attachment 2) includes funding for both annual street maintenance operations and for major roadway improvement capital projects. The City utilizes its Capital Improvement Program and a pavement management software program to determine optimal roadway repair schedules based on existing street conditions and funding availability.
RECOMMENDATION:
1. Receive this report;
2. Open the Public Hearing;
3. Receive public comment;
4. Close the Public Hearing;
5. Approve Resolution No. 2024-051 adopting the 2025 TransNet Local Street Improvement Program of Projects for Fiscal Years 2025 through 2029.
OPTIONS:
Approve Resolution No. 2024-051 adopting the 2025 TransNet Local Street Improvement Program of Projects;
Approve Resolution No. 2024-051 and adopt the 2025 TransNet Local Street Improvement Program of Projects as modified by City Council; or Request additional information and an additional report.
BACKGROUND/ANALYSIS:
At the June 1, 2022, City Council meeting, Resolution No. 2022-33 approving the Regional Transportation Improvement Program (RTIP) Five-Year TransNet Local Streets and Road Program of Projects for Fiscal Years 2023-2027 was adopted. The Program requires TransNet recipients to submit formal revisions or updates to the Five-Year plan every two years. The City’s 2025-2029 RTIP Local Streets and Road projects approval resolution is due to SANDAG no later than July 1, 2024.
The TransNet Extension Ordinance became effective in Fiscal Year 2009. The TransNet Extension Ordinance limited the maintenance expenditures to a maximum of 30% of the total
P a g e | 2
Local Streets and Roadway Program allocation. The remaining 70% of the allocated funds are to be expended on major roadway capital improvement projects.
Attachment 2 provides the estimated RTIP program allocation for the City of Imperial Beach for the five-year period (FYs 2025-2029). The “IB02 Street Maintenance Operations” project listed in Attachment 2 will be used to fund a portion of the annual Public Works Street Division Operating and Maintenance budget. This is the maintenance expenditures budget that is capped at 30% of the City’s total TransNet allocation. The remaining 70% of the TransNet allocation is programmed towards “IB12 Major Street Improvements” for Capital Improvement/Congestion Relief projects and the “IB22 9th Street Active Transportation Corridor” project.
ENVIRONMENTAL DETERMINATION:
Approval of this budget plan is not a project as defined by CEQA. However, once a project has been designed using these funds, an environmental determination may be required.
FISCAL IMPACT:
The total City of Imperial Beach TransNet allocation available for the next five years is estimated by SANDAG at $4,650,000.
ATTACHMENTS:
ATT 1 – Resolution No. 2024-051
ATT 2 – 2025 RTIP Program of Projects
ATTACHMENT 1
RESOLUTION NO. 2024-051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA,
ADOPTING THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2025 THROUGH 2029
WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance), which has been amended from time to time in accordance with the applicable amendment requirements; and
WHEREAS, the TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve on a biennial basis a multi-year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; and
WHEREAS, the City of Imperial Beach was provided with an estimate of annual TransNet local street improvement revenues for fiscal years 2025 through 2029; and WHEREAS, the City of Imperial Beach has held a noticed public hearing with an agenda item that clearly identified the proposed list of projects prior to approval of the projects by its authorized legislative body in accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31;
NOW THEREFORE, BE IT RESOLVED that pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City of Imperial Beach certifies that no more than 30 percent of its cumulative revenues shall be spent on local street and road maintenance-related projects, or that its expenditures are consistent with the most recent TransNet Extension Ordinance requirements adopted by SANDAG .
BE IT FURTHER RESOLVED that pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of Imperial Beach certifies that all new projects, or major reconstruction projects, funded by TransNet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed shall be clearly noticed as part of the City of Imperial Beach’s public hearing process.
BE IT FURTHER RESOLVED that pursuant to Section 8 of the TransNet Extension Ordinance, the City of Imperial Beach certifies that the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the 5- year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAG.
BE IT FURTHER RESOLVED that pursuant to Section 9A of the TransNet Extension Ordinance, the City of Imperial Beach certifies that it will exact $2,875.06 plus all applicable annual increases, from the private sector for each newly constructed residential housing unit in that jurisdiction (unless exempted under the TransNet Extension Ordinance,) and shall contribute such exactions to the Regional Transportation Congestion Improvement Program (RTCIP).
BE IT FURTHER RESOLVED that pursuant to Section 13 of the TransNet Extension Ordinance, the City of Imperial Beach certifies that it has established a separate Transportation
Resolution No. 2024-051
Improvement Account for TransNet revenues with interest earned expended only for those purposes for which the funds were allocated.
BE IT FURTHER RESOLVED that pursuant to Section 18 of the TransNet Extension Ordinance, the City of Imperial Beach certifies that each project of $250,000 or more will be clearly designated during construction with TransNet project funding identification signs.
BE IT FURTHER RESOLVED that the City of Imperial Beach does hereby certify that all other applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy No. 31 have been met.
BE IT FURTHER RESOLVED that the City of Imperial Beach agrees to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to City of Imperial Beach’s TransNet funded projects.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 18
th day of June 2024, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
PALOMA AGUIRRE, MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
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Attachment 2
Page | 1
June 18, 2024
ITEM TITLE: RESOLUTION NO. 2024-052 AWARDING A PUBLIC WORKS CONTRACT FOR CONSTRUCTION OF THE 9TH STREET ENHANCEMENT PROJECT (S22101) TO TRIGROUP CONSTRUCTION AND DEVELOPMENT, INC. AND ACCEPTING AND APPROPRIATING $2,479,000 IN STATE ACTIVE TRANSPORTATION GRANT
CONSTRUCTION FUNDS TO THE PROJECT BUDGET AND APPROPRIATING ADDITIONAL FUNDS TO THE PROJECT BUDGET. (0720-25)
ORIGINATING DEPARTMENT:
Public Works
EXECUTIVE SUMMARY:
Resolution No. 2024-052 awards a construction contract to Tri-Group Construction and Development, Inc. for the 9th Street Enhancement Project at a base bid price of $4,289,815. TriGroup Construction and Development, Inc. was the lowest responsible and qualified bidder. The City received 6 bids on the project. The Engineer’s construction estimate for the project was $3,750,000.
This resolution also accepts and appropriates $2,479,000 in State Active Transportation Grant Construction funds to the project budget and authorizes a budget transfer in the amount of $2,031,500 to the 9th Street Enhancement Project (S22101) from available Transnet and SB1 funds.
RECOMMENDATION:
Adopt Resolution No. 2024-052 awarding the construction contract for the 9th Street Enhancement Project to Tri-Group Construction and Development, Inc. in the amount of $4,289,815, and accepting and appropriating $2,479,000 in State Active Transportation Grant Construction funding to the project budget and authorizing a budget transfer in the amount of $2,031,500 to the 9th Street Enhancement Project (S22101) from available Transnet and SB1 funds.
OPTIONS:
• Approve resolution and recommendation from staff
• Reject bids and provide direction to staff on how to proceed on the project • Request additional information and an additional report BACKGROUND/ANALYSIS:
The 9th Street Safety Improvement Project is a roadway safety improvement project along 9th Street from Calla Avenue to the Southern terminus of 9th Street at the Naval Outlying Landing Field (NOLF) and is just over one (1) mile in length. The project is consistent with the City’s Vision Zero initiatives, which includes reduction in travel lane speeds and improvements to active transportation facilities used by vulnerable users. The 9th Street project would complete a vital
Page | 2
link in the City and modernize its design to be consistent with current roadway safety practices.
The proposed improvements are similar to projects around the region that result in observable improvements to lower driving speeds and increased bicycle and pedestrian safety. Primary improvements include buffered green bike lanes and curb pop-outs, and enhanced crosswalks with Rectangular Rapid Flashing Beacons (RRFBs). This is typically accomplished by reallocating underutilized vehicular lanes. A Mobility Assessment was conducted to validate the viability of the proposed improvements.
Preliminary engineering and concept drawings were developed to improve mobility and accessibility on 9th Street that were submitted as part of an Active Transportation Program (ATP) grant application for the Project, and funding was subsequently awarded. After the funding was awarded, a Mobility Assessment was completed to assess both the existing conditions and to develop options for the roadway. Staff conducted a series of community outreach meetings to inform the public of the project and gain feedback on the proposed design and options. The project was then reviewed by the Design Review Board to further refine the design to better address parking and safety concerns. The Design Review Board recommended approval of the project’s design on August 25, 2022 with a vote of 4-0 (1 conflict).
On November 2, 2022, the project was reviewed by City Council and Council directed staff to conduct additional community outreach for the project. Subsequently, workshops were conducted to enhance community outreach and ensure that the community’s feedback would be incorporated into the project design. The project has incorporated the design features and considerations provided by both the Council and the community, particularly by maximizing parking, enhancing crosswalks, improving sightlines, and adding decorative landscaping features.
On March 15, 2023, the project was once again reviewed by the City Council. Council approved Resolutions No’s 2023-16 and 2023-17, which authorized an amendment to the Circulation Element, approved a Coastal Development Permit, and provided for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) for the project. With approval by the City Council, the project was able to move forward with completing the engineering and final design.
On February 21, 2024, staff presented an update on the project design to the City Council.
In May 2024, the project engineering design and specifications were completed by Michael Baker International, one of the City’s on-call engineering firms. The project construction was advertised for bids that same month and a public bid opening was scheduled for Tuesday, June 11, 2024.
Bids were opened as scheduled. The following are the bid results:
Base Bid Amount
1. Tri Group Construction and Development, Inc.
2. Quality Construction & Engineering
$4,289,815.00
$4,606,209.50
3. Griffith Company $4,986,735.00
4. Fordyce Construction $5,182,349.00
5. Blue Pacific Engineering Construction $5,513,752.00
6. L. B. Civil Construction, Inc. $6,519,770.00
The Engineer’s Estimate for the base bid was $3,750,000.
The lowest qualified bid was from Tri-Group Construction and Development, Inc. in the amount of $4,289,815.
The California Transportation Commission (CTC) allocated Active Transportation Grant Construction funding in the amount of $2,479,000 that would be accepted and appropriated to the
Page | 3
project budget. The required 10% matching construction funds in the amount of $276,000 are included in the City’s approved 2024-2025 Two-Year CIP Budget as Transnet funds. An additional $2,031,500 of construction funds are necessary for completion of the project. Staff recommends transferring additional Transnet funds and SB1 available funds to this project.
ENVIRONMENTAL DETERMINATION:
This project was determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301 (Existing Facilities) and Section 15304 (Minor Alterations to Land) (Resos. 2023-16 and 2023-17). The City’s traffic engineering consultant determined from its Mobility Assessment that 9th Street would still operate at acceptable levels of service with the implementation of the project.
FISCAL IMPACT:
Project Budget – Construction Portion:
ATP Construction Grant $2,479,000
City Match Construction – Transnet $ 276,000
Additional Funds – FY24 Roadway Improvements (SB1) $1,057,600 Additional Funds – FY25 (Transnet) $ 312,000
Additional Funds – FY25 Roadway Improvements (SB1) $ 661,900 TOTAL REVENUE $4,786,500
Expenditure:
Public Works Contract – Construction $4,289,815
Construction Support Services $ 141,780
Project Contingency $ 354,905
TOTAL EXPENDITURES $4,786,500
FISCAL YEAR: 2024/2025
BUDGETED: Yes
BUDGET AMENDMENT Yes
ACCOUNT NO(S).: 214-5000-532.2006
202-5016-531.2006
207-5000-532.2006
PROJECT NO(S).: S22101
FISCAL ANALYSIS: Resolution No. 2024-052 authorizes the amendment to the FY 24/25 budget as follows: increase expenditures for the ATP Grant Funds in the 9th Street Enhancement Project S22101 in account number 214-5000-532.2006 in the amount of
$2,479,000 for the Construction portion; 202-5016-531.2006 for the City’s Local Match in the amount of $276,000; 207-5000- 532.2006 in the amount of $1,719,500 in SB1 Funds; 202-5016- 531.2006 for $312,000 in Transnet Funds.
Page | 4
ANTICIPATED
EXPENDITURE:
$4,786,500
ATTACHMENTS:
ATT 1 – Resolution No. 2024-052
ATTACHMENT 1
RESOLUTION NO. 2024-052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AWARDING A PUBLIC WORKS CONTRACT FOR CONSTRUCTION OF THE 9TH STREET ENHANCEMENT PROJECT (S22101) TO TRI-GROUP CONSTRUCTION AND DEVELOPMENT, INC. AND ACCEPTING AND APPROPRIATING $2,479,000 IN STATE
ACTIVE TRANSPORTATION GRANT CONSTRUCTION FUNDS TO THE PROJECT BUDGET
AND APPROPRIATING ADDITIONAL FUNDS TO THE PROJECT BUDGET WHEREAS, the 9th Street Safety Improvement Project is a roadway safety improvement project along 9th Street from Calla Avenue to the Southern terminus of 9th Street at the Naval Outlying Landing Field (NOLF) and is just over one (1) mile in length; and
WHEREAS, the project is consistent with the City’s Vision Zero initiatives, which includes reduction in travel lane speeds and improvements to active transportation facilities used by vulnerable users and would complete a vital link in the City and modernize its design to be consistent with current roadway safety practices; and WHEREAS, the proposed improvements are similar to projects around the region that result in observable improvements to lower driving speeds and increased bicycle and pedestrian safety. Primary improvements include buffered green bike lanes and curb popouts, and enhanced crosswalks with Rectangular Rapid Flashing Beacons (RRFBs); and WHEREAS, the project engineering design and specifications were completed by Michael Baker International, one of the City’s on-call engineering firms, in May 2024 and the project construction was advertised for bids in May 2024; and WHEREAS, a public bid opening was scheduled for Tuesday, June 11, 2024, 6 bids were received; and
WHEREAS, the lowest qualified bid was from Tri-Group Construction and Development, Inc.; and
WHEREAS, the 9th Street Enhancement Project is programmed in the Active Transportation Program (ATP); and
WHEREAS, the California Transportation Commission (CTC) allocated funding in the amount of $2,479,000 for construction of the 9th Street Enhancement Project at their May 17, 2024 meeting; and
WHEREAS, the City will provide $276,000 that is included in the City’s approved 2024-2025 Two-Year Budget for the construction phase per the grant requirement; and WHEREAS, a budget transfer in the amount of $2,031,500 to the project budget from available Transnet and SB1 funds will provide the additional construction funds needed; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach as follows:
Resolution No. 2024-052
1. The above recitals are true and correct
2. The City Manager or designee is hereby authorized and directed to sign and file, for and on behalf of the City, a Program Supplement Agreement and any agreements necessary with the State regarding the ATP Grant.
3. The legislative body hereby accepts the lowest responsible bid from Tri-Group Construction and Development, Inc.
4. The contractor shall not commence construction or order equipment until they have received a Notice to Proceed.
5. The works of improvement shall be constructed in the manner and form and in compliance with the requirements as set forth in the plans and specifications for the project.
6. The City Manager or designee is authorized to sign a not to exceed construction contract for $4,644,720 with Tri-Group Construction and Development, Inc. which includes $354,905 in contingency.
7. The Finance Director is authorized to amend the FY 24/25 budget and increase expenditures for the ATP Grant Funds in the 9th Street Enhancement Project S22101 in account number 214-5000-532.2006 in the amount of $2,479,000 for the Construction portion.
8. The Finance Director is authorized to amend the FY 24/25 budget in account number 202-5016-531.2006 for the City’s Local Match in the amount of $276,000.
9. The Finance Director is authorized to amend the FY 24/25 budget in account number 207-5000-532.2006 in the amount of $1,719,500 in SB1 Funds.
10. The Finance Director is authorized to amend the FY 24/25 budget in account number 202-5016-531.2006 for $312,000 in Transnet Funds.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 18
th day of June 2024, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
PALOMA AGUIRRE, MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
P a g e | 1
June 18, 2024
ITEM TITLE: RESOLUTION NO. 2024-049 ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-2025 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017. (0390-86)
ORIGINATING DEPARTMENT:
Public Works
EXECUTIVE SUMMARY:
The Road Repair and Accountability Act of 2017 (SB 1) attempts to address transportation funding shortfalls statewide by increasing per gallon fuel excise taxes, diesel fuel sales taxes, vehicle registration taxes, and providing for inflationary adjustments to rates in future years. The Act allocates funds from new taxes through a new Road Maintenance and Rehabilitation Account (RMRA). To be eligible for RMRA funding, the City must adopt a resolution approving the list of projects to receive RMRA funding in FY 2024-2025.
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 2024-049 approving the FY2024- 2025 Project List for Senate Bill 1 (Road Repair and Accountability Act of 2017) Road Maintenance and Rehabilitation Account funding.
OPTIONS:
Adopt Resolution No. 2024-049 approving the Project List for Fiscal Year 2024-2025; or Amend Resolution No. 2024-049; or
Provide direction to staff.
BACKGROUND/ANALYSIS:
The state of California imposes per-gallon excise taxes on gasoline and diesel fuel, sales taxes on gasoline and diesel fuel and registration taxes on motor vehicles with allocations dedicated to transportation purposes. These allocations flow through the Highway Users Tax Account (HUTA), the familiar gasoline tax revenues that have been in place for decades, and the Road Maintenance and Rehabilitation Account which allocates much of the revenue from SB 1. SB 1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs. To be eligible for funding, the City must adopt a resolution approving the list of projects to receive RMRA funding in FY 2024-2025. Staff recommends that the funding be applied towards the City of Imperial Beach SB 1 Project List for FY 2024-2025 shown on Attachment 2 which will be included in the Proposed Budget for FY 2024-2025. In accordance with the City’s Capital Improvement Program, this Project List will implement road maintenance and rehabilitation improvements on 9
th Street and 10th Street.
P a g e | 2
To meet the SB 1 funding requirements for FY 2024-2025, City staff will submit to the California Transportation Commission the proposed List of Projects and adopted Resolution.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT:
The City will receive an estimated $686,545 of RMRA funds in FY 2024-2025.
Staff proposes to utilize the RMRA funds on City of Imperial Beach SB 1 Project List for FY2024- 2025 shown on Attachment 2.
FISCAL YEAR: 2024-2025
BUDGETED: Yes
BUDGET AMENDMENT No
ACCOUNT NO(S).:
PROJECT NO(S).:
FISCAL ANALYSIS: Expenditure of SB 1 Funds were
approved as part of the FY23-24,
FY24-25 budget process
CURRENT BUDGET:
ANTICIPATED
EXPENDITURE:
ATTACHMENTS:
ATT 1 – Resolution No. 2024-049
ATT 2 – FY 2024-2025 SB 1 Project List – Exhibit A to Resolution No. 2024-049