City Council Regular Meeting - April 05, 2023
1. CALL CLOSED SESSION MEETING TO ORDER
2. ROLL CALL
3. CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Govt Code section 54956.9(d)(2): (1 case) Existing facts and circumstances pursuant to Govt Code section 54956.9(e)(3) Recommendation:
4. ADJOURN CLOSED SESSION
5. CALL REGULAR MEETING TO ORDER
6. ROLL CALL
7. PLEDGE OF ALLEGIANCE
8. REIMBURSEMENT DISCLOSURES/REPORTS ON ASSIGNMENTS AND COMMITTEES All City Council assignments are available for review in the City Clerk’s Office.
9. COMMUNICATIONS FROM CITY STAFF
10. 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.
11. PRESENTATIONS
11.a
RECOGNITION OF SHERIFF'S LIEUTENANT JUAN MARQUEZ FOR HIS SERVICE TO THE CITY OF IMPERIAL BEACH. (0410-30)*
11.b
INTRODUCTION OF INCOMING SHERIFF'S LIEUTENANT ALFRED GATHINGS. (0410-30)* *No Staff Report.
12. 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. 12.a through 12.g.
12.a
RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM MARCH 4, 2023 TO MARCH 24, 2023. (0300-25)
1. SR WARRANT REGISTER 2023-04-05.pdf
2. ATT 1 - Expense Approval Report 03.04.23-03.24.23.pdf Recommendation:
Staff is requesting that the City Council ratify and file the Warrant Register Report.
12.b
RESOLUTION 2023-21 OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH TYLER TECHNOLOGIES FOR ADDITIONAL SERVICES. (0180-20)
1. SR ENERGOV ADDITIONAL SERVICES 2023-04-05.pdf
2. ATT 1 - Resolution 2023-21.pdf
3. ATT 2 - Imperial Beach Assist Complete Proposal 3-16-23.pdf Recommendation:
Staff recommends the City Council adopt Resolution 2023-21 authorizing the City Manager or designee to enter into an agreement with Tyler Technologies for additional services.
12.c
RESOLUTION NO. 2023-19 AWARDING PUBLIC WORKS CONTRACT FOR CONSTRUCTION OF THE VETERANS PARK PLAYGROUND PROJECT (P21107). (0920-70)
1. SR - AWARD PUBLIC WORKS CONTRACT FOR CONSTRUCTION OF THE VETERANS PARK PLAYGROUND PROJECT (P21107).pdf
2. ATT 1 - 2023-19 Veterans Park Playground.pdf
Recommendation:
Adopt Resolution No. 2023-19 awarding a contract for construction of the Veterans Park Playground Project to Anton’s Service, Inc. for an amount not-to-exceed $120,000.
12.d
RECEIVE TREASURER’S REPORT FOR FEBRUARY 2023. (0300-90)
1. SR TREASURER'S REPORT FEBRUARY 2023 2023-04-05.pdf
2. ATT 1 - 2023.02 Monthly Report.pdf
3. ATT 2 - CHANDLER Statement 2023.02.pdf
4. ATT 3 - LAIF Statement 2023.02.pdf
Recommendation:
Staff recommends that the City Council receive and file the February 2023 Treasurer's Report.
12.e
RESOLUTION 2023-23 RECOGNIZING APRIL AS “ENVIRONMENTAL AWARENESS MONTH” IN THE CITY OF IMPERIAL BEACH. (0230-40)
1. SR - ENVIRONMENTAL AWARENESS MONTH RESO 2023-23.pdf
2. ATT 1 - Reso 2023-23 April Env Month.pdf
Recommendation:
Adopt Resolution 2023-23 to recognize the month of April as Environmental Awareness month in the City of Imperial Beach.
12.f
IMPERIAL BEACH BOULEVARD ENTRY SIGN REPLACEMENT AND CEQA EXEMPTION PURSUANT TO 15302 (REPLACEMENT OR RECONSTRUCTION) AND 15311 (ACCESSORY STRUCTURES). (0670-45)
1. SR - IMPERIAL BEACH BOULEVARD ENTRY SIGN.pdf
2. ATT 1 - Resolution 2023-25.pdf
3. ATT 2 - IB Blvd Entry Sign.pdf
Recommendation:
Staff recommends that the City Council adopt Resolution 2023-25 approving the final draft concept and directing staff to work with the signage company to prepare construction plans and facilitate construction and installation of the sign.
12.g
NOTIFICATON OF TRAVEL: MAYOR AGUIRRE WILL ATTEND THE SAN DIEGO REGIONAL CHAMBER OF COMMERCE MISSION TO WASHINGTON D.C. APRIL 16-19, 2023. THE ESTIMATED EXPENSES FOR TRAVEL AND ACCOMODATIONS IS $2,440. (0410-60)* *No Staff Report.
13. ORDINANCES/INTRODUCTION & FIRST READING - PUBLIC HEARINGS
13.a
PUBLIC HEARING AND INTRO OF ORDINANCE NO. 2023-1224 AMENDING TITLE 19 (ZONING) TO UPDATE THE CITY’S DENSITY BONUS ORDINANCE TO MEET STATE LAW; LOCAL COASTAL PROGRAM AMENDMENT (LCPA-23-0001); & EXEMPTION PER CEQA GUIDELINES SECTION 15061(b)(3). (0620-95)
1. SR DENSITY BONUS ORDINANCE UPDATE 2023-04-05.pdf
2. ATT 1 - Ordinance 2023-1224.pdf
3. ATT 2 - Resolution 2023-26.pdf
Recommendation:
That the City Council hold the public hearing to consider the public input on the item and:
If desired, proceed with the introduction of Ordinance No. 202 3 -12
2 4 by title only and waive further reading of the ordinance and set the matter for its second reading and adoption at the next regularly scheduled City Council meeting; and Adopt Resolution No. 202
3 -
26 approving the proposed Local Coastal Program Amendment ( LCPA-23
-0001), finding and certifying that the proposed zoning amendment (Ordinance 202 3 -12
2 4) is consistent with the Coastal Act and finding an exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) (the common sense exemption).
13.b
PUBLIC HEARING AND INTRO OF ORDINANCE NO. 2023-1225 AMENDING TITLE 19 (ZONING) FOR PERMANENT SUPPORTIVE HOUSING AND LOW BARRIER NAVIGATION CENTERS; LOCAL COASTAL PROGRAM AMENDMENT (LCPA-23-0001); & CEQA EXEMPTION PER SECTION 15061(b)(3). (0620-95)
1. SR PERMANENT SUPPORTIVE HOUSING AND LOW BARRIER NAVIGATION CENTERS ORDINANCE 2023-04-05.pdf
2. ATT1 - Ordinance 2023-1225.pdf
3. ATT 2 - Resolution 2023-27.pdf
Recommendation:
That the City Council hold the public hearing to consider the public input on the item and:
If desired, proceed with the introduction of Ordinance No. 202 3 -12
2 5
by title only and waive further reading of the ordinance and set the matter for its second reading and adoption at the next regularly scheduled City Council meeting; and Adopt Resolution No. 202
3 -
27 approving the proposed Local Coastal Program Amendment ( LCPA-23
-0001), finding and certifying that the proposed zoning amendment (Ordinance 202 3 -12
2 5
) is consistent with the Coastal Act and finding an exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) (the common sense exemption).
13.c
PUBLIC HEARING AND INTRO OF ORDINANCE NO. 2023-1226 AMENDING TITLE 19 (ZONING) FOR URBAN LOT SPLIT SUBDIVISIONS AND TWO-UNIT RESIDENTIAL DEVELOPMENTS AS ALLOWED BY SB 9; LOCAL COASTAL PROGRAM AMENDMENT (LCPA-23-0001); & CEQA EXEMPTION. (0620-95)
1. SR SENATE BILL 9 ORDINANCE 2023-04-05.pdf
2. ATT 1 - Ordinance 2023-1226.pdf
3. ATT 2 - Resolution 2023-28.pdf
Recommendation:
That the City Council hold the public hearing to consider the public input on the item and:
If desired, proceed with the introduction of Ordinance No. 2023-1226 by title only and waive further reading of the ordinance and set the matter for its second reading and adoption at the next regularly scheduled City Council meeting; and Adopt Resolution No. 2023-
28 approving the proposed Local Coastal Program Amendment (LCPA-23-0001), finding and certifying that the proposed zoning amendment (Ordinance 2023-1226) is consistent with the Coastal Act and finding a California Environmental Quality Act (CEQA)
exemption
pursuant to Government Code Sections 65852.21(j) and 66411.7(n), because the adoption of an ordinance to implement SB 9 shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code ).
14. PUBLIC HEARINGS
14.a
CONSIDER ADOPTION OF RESOLUTION NO. 2023-20 AUTHORIZING ABATEMENT OF NUISANCE AND SUBSTANDARD DWELLING LOCATED AT 1025 ONEONTA AVENUE. (0470-20)
1. SR ABATEMENT OF NUISANCE 2023-04-05.pdf
2. ATT 1 - Resolution 2023-20.pdf
3. ATT 2 - Summary of Violations_Redacted Final.pdf
4. ATT 3 - Invoice, Aztec Landscaping_Redacted.pdf
Recommendation:
Staff recommends the City Council hold the public hearing and upon its conclusion: (1) determine that the conditions at 1025 Oneonta Avenue are substandard and constitute a public nuisance in violation of the Imperial Beach Municipal Code (IBMC), specifically IBMC sections 1.16.010 (G), 1.16.010 (H), 8.50.040 (C) and 8.44.020; (2) direct the property owner to abate the nuisance conditions on the property on or before May 5, 2023 ; and (3) that if the nuisance conditions are not completely abated by the owner or other person controlling the property on or before May 5, 2023, the City Manager or the City Manager’s designee is authorized to cause the abatement of the nuisance conditions to be completed by city forces or private contract pursuant to IBMC section 1.16.180.
Staff recommends the Mayor and City Council:
Declare the Public Hearing open; and receive the report; Entertain any objections or protests;
Close the Public Hearing; and
Consider a motion to adopt Resolution No. 2023-20 finding and declaring that the notice and order to eliminate substandard and public nuisance conditions regarding the property at 1025 Oneonta Avenue is appropriate, determining that conditions exist at the property which constitute substandard and public nuisance conditions, and assessing costs of abatement pursuant to IBMC Chapter 1.16., and civil penalties pursuant to IBMC 1.12.020.
14.b
PUBLIC HEARING ON RESOLUTION NO. 2023-18 OF THE CITY OF IMPERIAL BEACH, CALIFORNIA ADJUSTING THE REGIONAL TRANSPORTATION CONGESTION IMPROVEMENT PLAN FEE FOR FISCAL YEAR 2023-2024. (0680-95)
1. SR - ADJUSTING THE REGIONAL TRANSPORTATION CONGESTION IMPROVEMENT PLAN FEE FOR FISCAL YEAR 2023-2024.pdf
2. ATT 1 - 2023-18 RTCIP Rate Adjustment.pdf
Recommendation:
Adopt Resolution 2023-18 approving the increase in the RTCIP mitigation fee charged for each new residential dwelling unit constructed in Imperial Beach in Fiscal Year 2023-2024 from $2,688.21 to $2,741.97.
15. REPORTS
15.a
APPOINTMENTS TO FILL SCHEDULED VACANCIES ON THE DESIGN REVIEW BOARD AND TIDELANDS ADVISORY COMMITTEE, AND AN UNSCHEDULED VACANCY ON THE PARKS AND RECREATION COMMITTEE. (0120-30, 0120-90 & 0120-80)
1. SR BOARD AND COMMITTEE APPOINTMENTS 04-05-2023.pdf
Recommendation:
Mayor Aguirre to present names of candidates for openings on the:
Design Review Board for two (2) terms expiring December 31, 2026.
Tidelands Advisory Committee for three (3) terms expiring on December 31, 2026.
Parks and Recreation Committee for (1) term expiring on December 31, 2024.
Approve appointments with the advice and consent of the City Council.
15.b
ADOPTION OF RESOLUTION 2023-22 AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH GHD INC. TO DEVELOP THE IMPERIAL BEACH COMMUNITY RESILIENCE PLAN FOR THE CITY OF IMPERIAL BEACH. (0390-88 & 0620-60)
1. SR NATIONAL COASTAL RESILIENCE FUND GRANT PSA 2023-04-05.pdf
2. ATT 1 - Resolution 2023-22.pdf
3. ATT 2 - IBCRP RFQ-P 012523.pdf
4. ATT 3 - GHD IBCRP - Technical Proposal_Redacted.pdf
Recommendation:
That the City Council authorize the City Manager to enter into a professional services agreement with GHD Inc. to develop the Imperial Beach Community Resilience Plan.
15.c
NOTIFICATION OF TRAVEL FOR COUNCILMEMBER MITCH MCKAY TO ATTEND THE CALCITIES CITY LEADERS SUMMIT AND A CITY COUNCIL DISCUSSION IDENTIFYING LOCAL LEGISLATIVE ISSUES DIRECTLY IMPACTING IMPERIAL BEACH. (0410-60 & 0460-20)
1. SR TRAVEL NOTIFICATION MCKAY.pdf
Recommendation:
City staff recommends that the City Council identify pertinent issues and important matters directly affecting Imperial Beach that Councilmember McKay could include as part of his meeting with legislators during the City Leaders Summit.
15.d
DISCUSSION ON SPECIAL EVENTS POLICIES, PROCEDURES, AND FEE WAIVERS. (1040-40)
1. SR - SPECIAL EVENT POLICY AND PROCEDURES INCLUDING SPECIAL EVENT FEE WAIVERS.pdf
2. ATT 1 - IB Special Event Policies and Procedures.pdf
3. ATT 2 - List of Permitted Special Events in 2022.pdf
4. ATT 3 - Examples of Special Event Fee Waiver Policies. Goals, Procedures.pdf Recommendation:
That the City Council provide direction to staff regarding current special event policies, fee waivers and sponsorship procedures to include the development of a Special Event Fee Waiver Policy and amending the current Special Events Policies and Procedures.
16. I.B. REDEVELOPMENT AGENCY SUCCESSOR AGENCY REPORTS
None.
17. ITEMS PULLED FROM THE CONSENT CALENDAR (IF ANY)
18. CITY COUNCIL FUTURE AGENDA REQUESTS
19. ADJOURN REGULAR MEETING
THE CITY COUNCIL ALSO SITS AS THE IMPERIAL BEACH PLANNING COMMISSION, PUBLIC FINANCING AUTHORITY, HOUSING AUTHORITY, AND IMPERIAL BEACH REDEVELOPMENT AGENCY SUCCESSOR AGENCY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT AND CALIFORNIA GOVERNMENT CODE SECTION 54953(e), 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.
ANY WRITINGS OR DOCUMENTS PROVIDED TO A MAJORITY OF THE CITY COUNCIL/PLANNING COMMISSION/PUBLIC FINANCING AUTHORITY/HOUSING AUTHORITY/I.B. REDEVELOPMENT AGENCY SUCCESSOR AGENCY REGARDING ANY ITEM ON THIS AGENDA WILL BE MADE AVAILABLE FOR PUBLIC INSPECTION ON THE CITY'S WEBSITE AT https://www.imperialbeachca.gov/council_meetings