LAST MINUTE AGENDA INFORMATION I
8/16/2023 Regular Council Meeting
(Agenda Related Writings/Documents provided to a majority of the City Council after distribution of the Agenda Packet for the August 16, 2023, meeting.) ITEM NO. DESCRIPTION
15.c CONSIDER SAN DIEGO COUNTY
GRAND JURY REPORT ON GOVERNANCE
OF SAN DIEGO BAY AND ITS TIDAL
LANDS AND REGIONS AND AUTHORIZE
THE MAYOR TO SIGN A RESPONSE
LETTER ON BEHALF OF THE MAYOR AND
CITY COUNCIL. (0440-25)
a. Attachment 3 Imperial Beach Response to
San Diego Grand Jury Report
August 16, 2023
The Honorable Michael T. Smyth
Presiding Judge of the Superior Court
San Diego Central Courthouse
1100 Union Street, Tenth Floor
San Diego, CA 92101
RE: City of Imperial Beach Response to San Diego Grand Jury Report: “Governance of San Diego Bay and its Tidal Lands and Regions”
Dear Judge Smyth:
The City of Imperial Beach has reviewed the San Diego County Grand Jury report on Governance of San Diego Bay and its Tidal Lands and Regions released on June 7, 2023. The report includes several findings and recommendations for local government. In accordance with State law, please accept the following responses to the recommendations in the report that are applicable to the City of Imperial Beach. Per State law, the City of Imperial Beach is responding to those findings under the control of the City of Imperial Beach. As such, the City of Imperial Beach will not be responding to findings 1-3 and 6-12.
Finding 04: Briefings by Port Commissioners to Port City Councils in noticed public meetings regarding issues affecting their jurisdictions, will increase the level of public participation and knowledge regarding Port District activities, Port Master Plans, Master Plan Updates, Port Master Plan amendments or additions.
Response: The City of Imperial Beach agrees with this finding.
Finding 05: Currently, the Board of Port Commissioners does not have term limits. Considering term limits would foster democratic principles by providing more opportunities for diverse and talented individuals to serve, prevent the accumulation of influence, and uphold the public trust by keeping the Board representative responsive to its community.
Response: The City of Imperial Beach partially disagrees with this finding and supports choice of the individual Port Cities to determine whether limits on the length of Commissioner appointments are appropriate to best represent their cities’ interests.
Finding 13: Given a preference for informal channels of communication by Port City councils and mayors with their appointed Port District representatives, neither Port Commissioners nor Port City Councils maintain completely open and transparent relationships allowing for public involvement or awareness of Port District activities.
Response: The City of Imperial Beach disagrees with this finding. The City, Port District, and its Port Commissioner follow appropriate channels of coordination on pertinent matters and negotiations as a.1 Last Minute Agenda Information
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Item: 15. c
needed. Decisions are made at duly advertised public meetings and allow for public involvement and awareness of Port District activities.
Finding 14: In its current form, the Port Master Plan and Master Plan Update documents published by the Port District are overly complex, difficult to understand and too broad in scope to foster meaningful comprehension by Port City residents, elected municipal or county officials.
Response: The City of Imperial Beach partially agrees with this finding. Most long-range planning documents are complex, as there are many important matters that require detailed narrative to meet statutory requirements and adequately respond to comments from the public, agencies, and key stakeholders.
Finding 15: Ratification of Port Master Plans, Master Plan Updates or Master Plan Amendments would allow residents of Port City Planning districts and San Diego County to acknowledge and confirm their understanding of Port District development plans and projects within their municipal and county boundaries and provide reliable documents for communities to plan for the future.
Response: The City of Imperial Beach partially disagrees with this finding. The City is not certain that ratification of Port Master Plans, Master Plan Updates or Master Plan Amendments would be necessary for San Diego County residents beyond the Port City Planning districts.
Recommendation 23-90: Enact ordinances or policies placing a two-term limit on the number of terms that a Port Commissioner can serve (as already enacted for the City of Coronado).
Response: Recommendation 23-90 will not be implemented. The City of Imperial Beach partially disagrees and supports the choice of the individual Port Cities to determine whether limits on the length of Commissioner appointments are appropriate to best represent their cities’ interests. Small cities often benefit from continuity and the pool of qualified and/or interested candidates may at times be limited.
The ability to remove a Port Commissioner by City Council action should be sufficient.
Recommendation 23-91: Institute ordinances or formal policies requiring the appointed Commissioners from each city be required to give at a minimum, quarterly updates to the City Councils at officially scheduled city council meetings open to the public.
Response: Recommendation 23-91 will not be implemented. Updates are important, but the timing and frequency of any updates should be left to the discretion of the appointing city council.
Recommendation 23-92: Institute ordinances or formal policies that require ratification of the Port Master Plans, proposed Port Master Plan Updates, or amendments to the Port Master Plan for Port District planning districts within each city’s boundaries.
Response: Recommendation 23-92 will not be implemented. Unless conferred greater authority by state law, the City of Imperial Beach will continue to review and discuss any changes to the Port Master Plan, a.2 Last Minute Agenda Information
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Item: 15. c
updates, amendments, and proposed projects affecting the City with its Port Commissioner for further discussion with the Board of Port Commissioners.
Recommendation 23-93: In consultation with the San Diego County Board of Supervisors, explore and implement an alternate form of governance for the Port District allowing for participation in, and oversight of Port District activities and decision by the San Diego County Board of Supervisors and the elected city councils of the five Port Cities.
Response: Recommendation 23-93 will not be implemented. The City of Imperial Beach does not support conferring authority to another agency, the County Board of Supervisors, as it does not have a direct interest in Port matters and would complicate the governance process.
The City of Imperial Beach appreciates the work, findings, and recommendations of the San Diego County Grand Jury on this important matter. If you have any questions, please contact Tyler Foltz, City Manager, at (619) 423-0314.
Sincerely,
Paloma Aguirre
Mayor
City of Imperial Beach
a.3 Last Minute Agenda Information
Date: 08-16-2023
Item: 15. c