Cities Index.
Agenda packet

Imperial Beach City Council
March 4, 2026

Document
Agenda packet
Meeting
March 4, 2026
Body
Imperial Beach City Council
Pages
344
Original file
180.6 MB
Text extracted from the city's file for reading and search. Open the original on pub-imperialbeach.escribemeetings.com. That file is the official record.

Existing Zoning:

Commercial Lot (C/MU-3)
TABLE 9RESIDUAL LAND VALUE13TH STREET CORRIDOR IMPROVEMENT PLANCITY OF IMPERIAL BEACHI. Net Sales Proceeds A. Capitalized Value Upon Completion - Residential --- $8,484,000B. Capitalized Value Upon Completion - Commercial $4,773,000 $1,554,000 C. Total Capitalized Value Upon Completion $4,773,000 $10,038,000 D. (Less) Cost of Sale @ 3.0% of Value ($143,000) 3.0% of Value ($301,000) E. (Less) Developer Profit @ 12.0% of Value ($573,000) 12.0% of Value ($1,205,000) F. Net Sales Proceeds $4,057,000 $8,532,000
II. Residual Land Value
A. Net Sales Proceeds $4,057,000 $8,532,000
B. (Less) Development Costs ($4,740,000) ($8,122,000)
Residual Land Value ($683,000) $410,000
Per Unit --- $29,000
Per SF Site ($35) $21
In Compliance with Existing Zoning In Compliance with Existing Zoning Prototype F: Retail and Office Mixed-Use
Development Prototype G: Stacked Flats
Prepared by: Keyser Marston Associates, Inc.Filename: Imperial Beach-13th Street_Feasibility Study_v2\11/18/2025; ema Page 326 of 344

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Limiting Conditions

1. KMA has made extensive efforts to confirm the accuracy and timeliness of the information contained in this document. Although KMA believes all information in this document is correct, it does not guarantee the accuracy of such and assumes no responsibility for inaccuracies in the information provided by third parties.

2. The findings are based on economic rather than political considerations. Therefore, they should be construed neither as a representation nor opinion that government approvals for development can be secured. No guarantee is made as to the possible effect on development of current or future Federal, State, or local legislation including environmental or ecological matters.

3. The analysis, opinions, recommendations, and conclusions of this document are KMA's informed judgment based on market and economic conditions as of the date of this report. Due to the volatility of market conditions and complex dynamics influencing the economic conditions of the building and development industry, conclusions and recommended actions contained herein should not be relied upon as sole input for final business decisions regarding current and future development and planning.

4. Development opportunities are assumed to be achievable during the specified time frame. A change in development schedule requires that the conclusions contained herein be reviewed for validity. If an unforeseen change occurs in the local or national economy, the analysis and conclusions contained herein may no longer be valid.

5. Any estimates of development costs, project income, and/or value in this evaluation are based on the best available project-specific data as well as the experiences of similar projects. They are not intended to be predictions of the future for the specific project. No warranty or representation is made that any of these estimates or projections will actually materialize.

6. It has been assumed that the value of the property will not be impacted by the presence of any soils, toxic, or hazardous conditions that require remediation to allow development. Additionally, it is assumed that perceived toxic conditions (if any) on surrounding properties will not affect the value of the property

7. KMA is not advising or recommending any action be taken by the City with respect to any prospective, new, or existing municipal financial products or issuance of municipal securities (including with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues).

8. KMA is not acting as a Municipal Advisor to the City and does not assume any fiduciary duty hereunder, including, without limitation, a fiduciary duty to the City pursuant to Section 15B of the Exchange Act with respect to the services provided hereunder and any information and material contained in KMA’s work product.

9. The City shall discuss any such information and material contained in KMA’s work product with any and all internal and/or external advisors and experts, including its own Municipal Advisors, that it deems appropriate before acting on the information and material.

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March 4, 2026
ITEM TITLE: PRESENTATION ON AUTOMATED LICENSE PLATE READER (ALPR) CAMERAS AND THE SAFESTREETS PROGRAM AND DIRECTION TO STAFF. (0260-05) ORIGINATING DEPARTMENT:

City Manager
EXECUTIVE SUMMARY:

The City of Imperial Beach contracts with the San Diego County Sheriff’s Office (Sheriff’s Office) to provide law enforcement services. Since 2024, the Sheriff’s Office has utilized Automated License Plate Reader (ALPR) technology as part of its commitment to enhancing public safety through the use with technology. On September 4, 2024, the Sheriff’s Office previously presented information to the City Council regarding ALPRs and the SafeStreets Program.

ALPR technology captures images of license plates and enables law enforcement agencies to identify and compare plates against those associated with vehicles suspected of involvement in criminal activity.

The SafeStreets Program is a collaborative effort with community members, businesses, San Diego County Communities, and the San Diego County Sheriff’s Office that supports law enforcement's ability to address public safety matters in near real time through shared video resources.

This item is before the City Council to receive an updated presentation on ALPR cameras and SafeStreets Program and to provide direction to the City Manager.

RECOMMENDATION:

Staff recommends that the City Council receive the presentation on Automated License Plate Reader cameras and SafeStreets Program and provide direction to the City Manager.

OPTIONS:
 Receive the presentation and provide direction to the City Manager; or  Receive and file the presentation; or
 Receive the presentation and request additional information and/or report and return to a future City Council meeting; or
BACKGROUND/ANALYSIS:

The Sheriff’s Office will provide an updated presentation on Automated License Plate Reader (ALPR) technology and the SafeStreets Program. This information was previously presented to the City Council on September 4, 2024.

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The City of Imperial Beach contracts with the San Diego County Sheriff’s Office for law enforcement services. Since 2024, the Sheriff’s Office has utilized ALPR cameras as a public safety tool. The County of San Diego also plans to install ALPR cameras in unincorporated areas, including Alpine, Julian, Lakeside, Ramona, Rancho San Diego, Spring Valley, and other locations.

The Sheriff’s Office has deployed ALPRs in contract cities including Del Mar, Solana Beach, Encinitas, San Marcos and Poway. Other local jurisdiction in San Diego County that utilize ALPR technology include Carlsbad, Chula Vista, Coronado, Escondido, La Mesa, Oceanside and San Diego.

ALPR technology has existed since the 1970s and became more widely adopted in the United States in the mid-2000s. The Sheriff’s Office utilizes ALPR cameras manufactured by Flock Safety, which are also used by numerous law enforcement agencies nationwide. These cameras capture color images of license plates and automatically compare them against law enforcement databases to assist in identifying stolen vehicles, tracking suspects, locating missing persons, and supporting criminal investigations, including homicides, kidnappings and burglaries.

ALPR systems operate as an objective and non-discriminatory public safety tool, as all vehicles are scammed in the same manner. Flock ALPR cameras capture only vehicle-related data and do not collect personal information, facial recognition, or biometric identifiers.

Based on crime statistics and trends, the Sheriff's Office identifies high-traffic intersections that provide the greatest potential return on investment related crime reduction and successful prosecution of offenders within the City.

ALPRs cameras are typically mounted on streetlight or traffic signal poles along major roadways and entry or exit points. Installation is performed by Flock Safety or its certified contractors.

Cameras are angled to capture front or rear license plates at a distance of up to approximately 65 feet and at vehicles speed of up to 70 miles per hour. The cameras operate in all weather conditions and are solar powered requiring no electrical infrastructure.

ALPR technology has contributed to multiple arrests including identifying suspects vehicles involved in retail thefts, gas stations theft, and vehicle burglaries. ALPRs have also assisted in identifying a suspect vehicle in an international hit-and-run homicide in Lemon Grove and a vehicle involved in a pallet gun case in Encinitas.

The Sheriff's Office has implemented strict protocols governing the storage, access, and use of ALPR data. These protocols include limiting data retention to information relevant to criminal investigations, complying with state and federal privacy regulations, and ensuring transparency regarding the use of ALPR technology. To protect data privacy, the Sheriff’s Department follows policies consistent with California State Senate Bill 34 (SB34), which regulates the collection, storage, sharing, and use of ALPR data.

Access to ALPRS data is restricted to authorized law enforcement personnel. The Sheriff’s Office does not share ALPR data with federal agencies. Data is retained for a maximum of one year unless it is part of an active investigation. Annual audits are conducted to verify compliance with privacy policies. Data sharing is limited to local law enforcement agencies through secure Memorandums of Understanding (MOUs). A sample MOU is included as Attachment 1.

The MOU defines the responsibilities of both the Sheriff’s Office and the public agency. The Sheriff’s Office is responsible for:

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 The management of the program which includes hardware, software and communication with Flock
 Compliance with federal, State, County, and local laws, rules and regulations while operating the program
 The management of public record requests
The public agency is responsible for:
 Authorizing the Sheriff to utilize City infrastructure for mounting the cameras within the City boundaries
 Reimbursement to the Sheriff via a monthly invoice for law enforcement services from the Sheriff’s contract unit
The SafeStreets Program is a crime prevention and community safety initiative operated by the San Diego County Sheriff’s Office. It’s a partnership among residents, businesses, communities, and the Sheriff’s Office designed to support investigations and enhance public safety through shared video technology.

The program consists of two primary components:

SafeStreets Camera Registry
 Community members and businesses can register their private or existing security cameras with the Sheriff’s Office.
 This registry lets deputies quickly identify where cameras are located and request footage when needed — without having to wait hours or days for residents to respond.

SafeStreets Public Safety Cameras
 These are fixed cameras installed in public areas that record video (but are not actively monitored live).

These cameras help law enforcement with crime detection and investigations — similar in An MOU for the SafeStreets Public Safely Cameras would be required. A sample MOU is included as Attachment 2.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

There is no cost to participate in the SafeStreets Community Camera Registry Program, as it is a shared community-based initiative. The cost for a SafeStreets Public Safety Camera is estimated at $5,500 each. Each ALPRs camera costs approximately $3,000 annually, with a one-time installation fee of $150 per camera.

ATTACHMENTS:

ATT 1 – Sample ALPRs MOU
ATT 2 – Sample SafeStreets

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Memorandum of Understanding
Between
The County of San Diego Sheriff's Office and the [Agency Name] For the Flock Safety Automated License Plate Recognition Camera Program Parties
This Memorandum of Understanding ("MOU") is made between the County of San Diego Sheriff's Office ("SHERIFF") and the City of [Agency Name], a California municipal corporation and charter city ("CITY"). The parties to this MOU may be referred to herein collectively as the "Parties" or individually as a "Party".

Recitals
WHEREAS, the SHERIFF utilizes Flock Safety's automated license plate recognition cameras ("PROGRAM") to assist with investigations including but not limited to missing and/or abducted people, serious violent felonies, thefts and series related crimes; and WHEREAS, the City desires to cooperate with the SHERIFF in implementing the PROGRAM.

THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises to set forth below, the Parties hereto agree as follows:

1. Incorporation of Recitals. The Recitals set forth above are incorporated herein by this reference.

2. Responsibility of SHERIFF: SHERIFF agrees to manage PROGRAM. This includes utilizing Flock Safety's hardware and software to aid in public safety efforts. SHERIFF will maintain communication with Flock Safety as it pertains to maintenance of the hardware and software.

SHERIFF agrees to obtain all necessary approvals and permits from CITY to mount PROGRAM hardware on CITY infrastructure.

3. Responsibility of CITY: CITY authorizes SHERIFF to utilize CITY infrastructure for mounting of PROGRAM hardware. CITY agrees to grant all necessary approvals and permits to SHERIFF to mount PROGRAM hardware on CITY infrastructure at no cost to the SHERIFF. CITY authorizes SHERIFF to operate the PROGRAM within CITY boundaries.

4. Administration of MOU: Each Party identifies the following individual to serve as the authorized administrative representative for that Party. Any Party may change its administrative representative by notifying the other Party in writing of such change. Any such change shall become effective upon the receipt of such written notice by the other Party to this MOU. Notice of the authorized representative shall be sent to each Party as follows:

ATTACHMENT 1

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Sheriff Representative City Representative
Christopher Galve
Lieutenant
845 Imperial Beach, Blvd.

Imperial Beach, CA 91932
619-498-2403
[Agency Name]

5. Representation: The SHERIFF represents that it is operating PROGRAM in compliance with all applicable Federal, State, County, and local laws, rules, and regulations, current and hereinafter enacted.

6. Public Records Act: SHERIFF and CITY are public agencies subject to the disclosure requirements of the California Public Records Act ("CPRA"). If either SHERIFF or CITY are subject to a CPRA request from a third party for records related to the PROGRAM, SHERIFF will be solely responsible for responding to the CPRA request for records in SHERIFF's possession and producing the relevant records. As it relates to SHERIFF documents, SHERIFF shall determine, at its sole discretion, whether information requested is or is not subject to disclosure under the CPRA. As it relates to documents solely in the possession of CITY, CITY will determine whether information requested is or is not subject to disclosure under the CPRA and produce the relevant records, after consulting with SHERIFF if necessary.

7. Indemnity: SHERIFF hereby agrees to defend and indemnify CITY, its agents, officers and employees, from any claim, action or proceeding against CITY, to the extent arising out of the acts or omissions of SHERIFF in the performance of this MOU. At its sole discretion, CITY may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve SHERIFF of any obligation imposed by this MOU. CITY shall notify SHERIFF promptly of any claim, action or proceeding and cooperate fully in the defense.

This provision shall in no way modify or supersede the defense and indemnification provisions of Section VI of the Agreement between the City of Imperial Beach, the County of San Diego, and the San Diego County Sheriff for General and Specialized Law Enforcement and Traffic Services.

8. Governing Law: This MOU shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of California.

9. Third Party Beneficiaries Excluded: This MOU is intended solely for the benefit of the SHERIFF and CITY. Any benefit to any third party is incidental and does not confer on any third party to this MOU any rights whatsoever regarding the performance of this MOU. Any attempt to enforce provisions of this MOU by third Parties is specifically prohibited.

10. Amendments to MOU: Any Party may propose amendments to this MOU by providing written notice of such amendments to the other Party. This MOU may only be amended by a written amendment signed by all Parties.

11. Severability: If any terms or provisions of this MOU or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this MOU, or the application ofsuch term and provision to persons or circumstances other than those asto which

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it is held invalid or unenforceable, shall not be affected thereby and every other term and provision of this MOU shall be valid and enforced to the maximum extent permitted by law.

12. Full Agreement: This MOU represents the full and entire agreement between the Parties and supersedes any prior written or oral agreements that may have existed.

13. Scope of MOU: This MOU only applies to the PROGRAM described herein and does not set forth any additional current or future obligations or agreements between the Parties, except that the Parties may by written amendment amend the scope of this MOU.

14. Term: This MOU shall become effective on the date all the Parties have signed this MOU and shall continue for five (5) years.

15. Termination For Convenience: Any Party may, by written notice stating the extent and effective date, terminate this MOU for convenience in whole or in part, with a 30-day advance notice to the respective Parties.

16. Billing and Payment Terms: SHERIFF agrees to pay for the initial purchase of PROGRAM, including all fees for hardware and installation. Upon installation of PROGRAM, CITY agrees to reimburse the SHERIFF in full, via a monthly invoice for law enforcement services from the SHERIFF's Contracts Unit. CITY will be billed annually for operation of PROGRAM on the annual renewal date.

17. Counterparts: This MOU may be executed in any number of separate counterparts, each of which shall be deemed an original but all of which when taken together shall constitute one and the same instrument. The counterparts of this MOU and all other actions and documents executed in connection herewith may be executed and delivered by facsimile or other electronic signature by any of the Parties to any other Party and the receiving Party may rely on the receipt of such document so executed and delivered by facsimile or other electronic means as if the original had been received. The Parties agree that the electronic signature of a Party to this MOU and any other actions and documents related to this MOU, shall be as valid as an original signature of such Party and shall be effective to bind such Party to this MOU. The Parties agree that any electronically signed document (including this MOU) shall be deemed (i) to be “written” or “in writing,” (ii) to have been signed and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files.

18. Representations and Warranties: Each of the Parties to this MOU represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perform the Party's respective obligations hereunder and that such obligations shall be binding upon such Party without the requirement of the approval or consent of any other person or entity in connection herewith.

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IN WITNESS WHEREOF, this MOU is entered into by the SHERIFF and CITY by and through the signature of the Parties' authorized representative(s), all as set forth below.

COUNTY OF SAN DIEGO SHERIFF'S [Agency Name], a California OFFICE, a public agency Charter City and municipal corporation By: ______________________ By: ______________________________ Kelly A. Martinez, Sheriff [Agency Name Representative] Date: ____________________________ Date: ___________________________

COUNTY OF SAN DIEGO
By: ________________________________
Andrew Potter, Clerk of the Board
Date:_____________________________

APPROVED AS TO FORM AND LEGALITY
By: __________________________________
Mark Day, Supervising Deputy County Counsel
Date: ___________________________

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Memorandum of Understanding
Between
The County of San Diego Sheriff's Office and the [Agency Name] For the Sheriff's Safe [Agency Name] Program
Parties
This Memorandum of Understanding ("MOU") is made between the County of San Diego Sheriff's Office ("SHERIFF") and the City of [Agency Name], a California municipal corporation and charter city ("CITY"). The parties to this MOU may be referred to herein collectively as the "Parties" or individually as a "Party".

Recitals
WHEREAS, the SHERIFF has created a video-sharing program, known as the Safe [Agency Name] program, that allows local businesses and residents to share live video footage with the SHERIFF in order to facilitate the monitoring of various locations throughout the City of [Agency Name] ("PROGRAM"); and
WHEREAS, the City desires to cooperate with the SHERIFF in implementing the PROGRAM.

THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises to set forth below, the Parties hereto agree as follows:

1. Incorporation of Recitals: The Recitals set forth above are incorporated herein by this reference.

2. Responsibility of SHERIFF: SHERIFF agrees to manage PROGRAM. This includes accessing live video footage from local businesses and residents that choose to voluntarily share live video footage. Video recordings may be voluntarily collected from the individual or business if SHERIFF believes that the video has evidentiary' value on an investigation.

3. Responsibility of CITY: CITY authorizes SHERIFF to utilize CITY logo for PROGRAM. CITY acknowledges that SHERIFF will manage PROGRAM within CITY.

4. Administration of MOU: Each Party identifies the following individual to serve as the authorized administrative representative for that Party. Any Party may change its administrative representative by notifying the other Party in writing of such change. Any such change shall become effective upon the receipt of such written notice by the other Party to this MOU. Notice of the authorized representative shall be sent to each Party as follows:

ATTACHMENT 2

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Sheriff Representative City Representative
Christopher Galve
Lieutenant
845 Imperial Beach Blvd.

Imperial Beach, CA 91932
619-498-2403
Email Address:
[Agency Name]

5. Representation: The SHERIFF represents that it is operating the PROGRAM in compliance with all applicable federal, State, County, and local laws, rules, and regulations, current and hereinafter enacted.

6. Public Records Act: SHERIFF and CITY are public agencies subject to the disclosure requirements of the California Public Records Act ("CPRA"). If either SHERIFF or CITY are subject to a CPRA request from a third party for records related to the PROGRAM, SHERIFF will be solely responsible for responding to the CPRA request for records in SHERIFF's possession and producing the relevant records. As it relates to SHERIFF documents, SHERIFF shall determine, at is sole discretion, whether information requested is or is not subject to disclosure under the CPRA. As it relates to documents solely in the possession of CITY, CITY will determine whether information requested is or is not subject to disclosure under the CPRA and produce the relevant records, after consulting with SHERIFF if necessary.

7. Indemnity: SHERIFF hereby agrees to defend and indemnify the CITY, its agents, officers and employees, from any claim, action or proceeding against CITY, to the extent arising out of the acts or omissions of SHERIFF in the performance of this MOU. At its sole discretion, CITY may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve SHERIFF of any obligation imposed by this MOU. CITY shall notify SHERIFF promptly of any claim, action or proceeding and cooperate fully in the defense. This provision shall in no way modify or supersede the defense and indemnification provisions of Section VI of the Agreement between the City of [Agency Name], the County of San Diego, and the San Diego County Sheriff for General and Specialized Law Enforcement and Traffic Services.

8. Governing Law: This MOU shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of California.

9. Third Party Beneficiaries Excluded: This MOU is intended solely for the benefit of the SHERIFF and CITY. Any benefit to any third party is incidental and does not confer on any third party to this MOU any rights whatsoever regarding the performance of this MOU. Any attempt to enforce provisions of this MOU by third Parties is specifically prohibited.

10. Amendments to MOU: Any party may propose amendments to this MOU by providing written notice of such amendments to the other Party. This MOU may only be amended by a written amendment signed by all Parties.

11. Severability: If any terms or provisions of this MOU or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this MOU, or the application of such term and provision to persons or circumstances other than those as to which it is held

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invalid or unenforceable, shall not be affected thereby and every other term and provision of this MOU shall be valid and enforced to the maximum extent permitted by law.

12. Full Agreement: This MOU represents the full and entire agreement between the Parties and supersedes any prior written or oral agreements that may have existed.

13. Scope of MOU: This MOU only applies to the PROGRAM described herein and does not set forth any additional current or future obligations or agreements between the Parties, except that the Parties may by written amendment amend the scope of this MOU.

14. Term: This MOU shall become effective on the date all the Parties have signed this MOU and shall continue for five (5) years.

15. Termination For Convenience: Any party may, by written notice stating the extent and effective date, terminate this MOU for convenience in whole or in part, with a 30-day advance notice to the respective Parties.

16. Counterparts: This MOU may be executed in any number of separate counterparts, each of which shall be deemed an original but all of which when taken together shall constitute one and the same instrument. The counterparts of this MOU and all other actions and documents executed in connection herewith may be executed and delivered by facsimile or other electronic signature by any of the Parties to any other Party and the receiving Party may rely on the receipt of such document so executed and delivered by facsimile or other electronic means as if the original had been received. The Parties agree that the electronic signature of a Party to this MOU and any other actions and documents related to this MOU, shall be as valid as an original signature of such Party and shall be effective to bind such Party to this MOU. The Parties agree that any electronically signed document (including this MOU) shall be deemed (i) to be “written” or “in writing,” (ii) to have been signed and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files.

17. Representations and Warranties: Each of the Parties to this MOU represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perform the Party's respective obligations hereunder and that such obligations shall be binding upon such Party without the requirement of the approval or consent of any other person or entity in connection herewith.

18. Billing and Payment Terms: In support of the PROGRAM, SHERIFF will be installing security cameras within the CITY. CITY agrees to reimburse the SHERIFF in full cost for the hardware and installation of these cameras, via monthly invoice for law enforcement from the SHERIFF's Contracts Unit.

Remainder of this page is intentionally left blank

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IN WITNESS WHEREOF, this MOU is entered into by the SHERIFF and CITY by and through the signature of the Parties' authorized representative(s), all as set forth below.

COUNTY OF SAN DIEGO SHERIFF'S [Agency Name], a California OFFICE, a public agency Charter City and municipal corporation By: ______________________ By: ______________________________ Kelly A. Martinez, Sheriff [Agency Representative Name] Date: ____________________________ Date: ___________________________

COUNTY OF SAN DIEGO
By: ________________________________
Andrew Potter, Clerk of the Board
Date:_____________________________

APPROVED AS TO FORM AND LEGALITY
By: __________________________________
Mark Day, Supervising Deputy County Counsel
Date: _______________________________

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March 4, 2026
ITEM TITLE: CONSIDERATION OF APPROVAL OF RESOLUTION 2026-024 TO APPROVE THE THIRD AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT. (0530-60) ORIGINATING DEPARTMENT:

Mayor
EXECUTIVE SUMMARY:

The City Council appointed Tyler Foltz as the City Manager in February 2023. The employment agreement requires an annual performance evaluation which was held on February 18, 2026. The City Council is now considering an amendment to the employment agreement to modify the base salary, vacation sellback, and Calpers provisions.

RECOMMENDATION:

Consider approval of the Resolution No. 2026-024 to approve the Third Amendment to the City Manager Employment Agreement and authorize the Mayor to sign the Third Amendment.

OPTIONS:
 Approve Resolution No. 2026-024; or
 Provide further direction to Staff.

BACKGROUND/ANALYSIS:

The City Council appointed Tyler Foltz as the City Manager in February 2023. The employment agreement requires an annual performance evaluation which the City Council held on February 18, 2026. The recent performance evaluation concluded that City Manager Foltz serves the City excellently with fiscal prudence, positive community relationships, and leadership on many projects.

The City Council is now considering an amendment to the employment agreement to modify the following as shown specifically in Attachment 2:

1. Base Salary: The agreement will be amended to provide the City Manager an increase to his current base salary of $229,500 with the first increase taking effect as of February 20, 2026, then upon two additional interval periods (July of 26 and January of 2027).

2. The retirement language will be updated to reflect the additional cost to the employee of

4.8% and to continue requiring the employee to contribute fifty percent (50%) of the total Normal Rate cost.

3. The vacation sell back language will be updated to comply with the IRS regulatory basis of constructive receipt and tax timing. The overall benefit does not change.

The changes to the base salary are being proposed due to several important factors. First, the City Manager has been employed by the City for 20 years, which demonstrates his commitment,

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loyalty, invaluable knowledge, and experience with the City. Second, the City Manager has only received a 2% increase in base salary since beginning his tenure as the City Manager three years ago. Also, the City Manager’s current salary is significantly below the median for the salaries of City Managers in San Diego County and the lowest of any permanent city manager in the San Diego County even though his tenure as City Manager has been longer than several of the other managers in the County. The San Diego County median salary is $316,180, and the City’s Manager’s current salary is -37.77% below median. The current salary for the City Manager is $45,500 less than any other permanent City Manager in the County. Also, even with this proposed increase, the City Manager’s salary will still be at the bottom 1/3 of the City Manager salaries in San Diego County. Please refer to the chart below for recent salary information.

Finally, the proposed increase is part of an overall strategic approach to raise all City employees closer to the median for the salary of their positions. The City implemented such salary survey recommendations for represented
employees in 2024 for the Imperial Beach Firefighters and in 2026 for Service Employees International Union. If the Council approves this proposed contract change, it will allow the City to start implementing salary adjustments for the remaining non-represented City employees who have
not had any increases to adjust their salaries based on median rates. They also went 2 years without any
increases while market wages continued to rise during that time. The City Manager’s salary sets the ceiling to allow for other employees to be properly placed so that there is no compression between supervisors and their employees.

This overall strategic proposal is being implemented in an attempt to retain valued and highly experienced employees and also to recruit employees to the City. It improves overall morale, encourages longevity, and saves the City from the costs required to train new employees with less experience.

It also encourages employees to be promoted to higher
positions with more responsibility but higher salaries.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

The overall fiscal impact to the City Manager’s contract over the next two fiscal years is approximately $59,000. The adopted Fiscal Year 2026-2027 budget has sufficient funds to cover the proposed amendments.

ATTACHMENTS:

1. Resolution No. 2026-024

2. City Manager Third Employment Amendment Agreement

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ATTACHMENT 1
RESOLUTION NO. 2026-024

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

CALIFORNIA, APPROVING THE THIRD AMENDMENT TO THE CITY MANAGER

EMPLOYMENT AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE THE THIRD

AMENDMENT
WHEREAS, the City is organized under the Constitution and laws of the State of California and is a council-manager form of government in a general law city; and WHEREAS, pursuant to the City’s Municipal Code, the day-to-day management of the City is provided by a professional city manager that serves at the pleasure of the City Council; and
WHEREAS, the City Council appointed Tyler Foltz as the City Manager of the City of Imperial Beach in February of 2023; and
WHEREAS, the City Council held a performance evaluation of the City Manager on February 18, 2026; and
WHEREAS, the City Council wishes to consider an amendment to the employment agreement to modify the base pay, vacation sellback, and CalPERS requirements.

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

1. The above recitals are true and correct.

2. The City Council approves the Third Amendment to the employment agreement with City Manager Tyler Foltz and authorizes the Mayor to execute the Third Amendment.

3. The City Council authorizes the Chief Administrative Officer to take all actions necessary to carry out the provisions of this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach, California, at its meeting held on the 4th day of March 2026, by the following vote:

AYES: COUNCILMEMBERS: BRAGG, MCCOY, ROSE, KING, JANNEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
MITCHELL D. MCKAY, MAYOR
ATTEST:

JACQUELINE M. KELLY, CMC

CITY CLERK

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ATTACHMENT 2

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THIRD AMENDMENT TO EMPLOYMENT

AGREEMENT
between
The City of Imperial Beach
and
Tyler Foltz
This THIRD Amendment to Employment Agreement is entered into this 4th day of March 2026 (hereinafter “Effective Date”), by and between the City of Imperial Beach, California, a municipal corporation (hereinafter “City”) and Tyler Foltz, an individual (hereinafter “Officer”) (City and Officer referred to collectively as “Parties”) with respect to the employment of Officer as the City Manager of the City.

RECITALS
WHEREAS, in February of 2023, the City and Officer entered into the Employment Agreement (“Employment Agreement”) which was amended in April of 2024 (“First Amendment”) and June of 2025 (“Second Amendment”); and
WHEREAS, such Employment Agreement requires the City Council to conduct a formal evaluation of Officer’s performance at least once each year; and WHEREAS, the City Council conducted a performance evaluation of the City Manager on February 18, 2026; and
WHEREAS, the City Council now desires to make the following amendments to the Employment Agreement based on the recent performance evaluation.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:

Section 1.

Subsection 3.A.(1)(a) of the Employment Agreement is amended to read as follows:
(a) The annual base salary for the position of City Manager shall be $229,500.

Effective February 20, 2026, the base salary shall be $250,155 (9%). Effective July 10, 2026, the base salary shall be $262,663 (5%). Effective January 8, 2027, the base salary shall be $278,423 (6%).

Section 2.

Subsection 3.A.(2)(c) of the Employment Agreement is amended to read as follows:
(c) California Public Employees Retirement System (“CalPERS”) The City contracts with CalPERS for retirement benefits. Officer is entitled to participate in the California Public Employees’ Retirement System (“CalPERS”) in the 2.7% @ 55 retirement program with the use of the average of Officer’s highest one year of salary. employees/members contribute 8% of the employee rate. Upon the effective date of the

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ATTACHMENT 2

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contract amendment with CalPERS in 2026, Officer will have Employee Sharing Additional Cost of 4.8% and will continue to contribute fifty percent (50%) of the total Normal Rate cost sharing contribution of pensionable compensation towards retirement costs as permitted under Government Code §20516(f) as the total Normal Rate increases.

Section 3.

Subsection 3.B.(2)(d) “Vacation Sell-back” of the Employment Agreement is amended to read as follows:
(d) Vacation Sell-back. Effective January 1, 2026, Officer shall have the option to sell back accumulated vacation at a maximum of 200 hours twice per calendar year contingent on a minimum of 40 hours of vacation being maintained by Officer as of the pay period designated for the sell back at the Officer’s current rate of pay when the vacation is sold back.

1. Between December 1 and December 20, the Officer may make an irrevocable election to cash out vacation, which will be earned in the following calendar year, at the Officer’s base rate of pay. On the pay day corresponding with any pay period of the Officer’s choosing in the following year, the Officer will receive their vacation cash out for the amount of vacation leave that the Officer irrevocably elected to cash out in the prior year.

2. If Officer makes an irrevocable election to cash out vacation leave in the following calendar year and uses vacation leave in that subsequent year, the vacation leave used will come from vacation leave the Officer had earned prior to January 1 of the year the employee has elected to cash out vacation leave. This is to ensure that, assuming the Officer had a vacation leave balance prior to January 1st, the vacation leave used will not result in a reduction in the amount of vacation leave the Officer will be eligible to cash out. However, if in the first pay period in December, Officer does not have the amount of vacation on the books that they irrevocably elected to cash out in the prior year, the Officer will be cashed out for the hours the Officer has on the books at that time.

3. The sell-back request shall be sent to the Human Resources Department, in writing by email, every year between December 1 and December 20.

4. Officer must maintain a minimum of 40 hours of vacation accruals after the sellback.

Section 4. The amendments under Section 1, Section 2, and Section 3 above shall be effective as stated in those applicable sections.

Section 5. Except as modified herein, all other terms and conditions of the Employment Agreement, First Amendment, and Second Amendment shall remain the same.

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ATTACHMENT 2

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IN WITNESS WHEREOF the Parties have executed this Third Amendment to Employment Agreement as of the day and year first above written.

CITY OF IMPERIAL BEACH

By:

Mitchell D. McKay, Mayor
ATTEST:

By:

Jacque Kelly, City Clerk

OFFICER
By:

Tyler Foltz, City Manager

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