City Council Regular Meeting - October 04, 2023
1. CALL CLOSED SESSION TO ORDER
2. ROLL CALL
3. CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code section 54957.6:
Agency Designated Representatives: City Manager, Chief Administrative Officer, City Attorney, Finance Manager, Human Resources Manager, City Planner/Management Associate, Fire Chief Employee Organization: SEIU, Local 221
Unrepresented Employees - Management/Mid-Management
RECONVENE AND ANNOUNCE ACTION (IF APPROPRIATE)
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
CONSIDERATION OF PROCLAMATION HONORING THE IMPERIAL BEACH WOMEN’S CLUB 90TH YEAR OF SERVICE. (0410-30)
1. SR CONSIDERATION OF PROCLAMATION HONORING THE IMPERIAL BEACH WOMEN'S CLUB 90TH YEAR OF SERVICE .pdf
2. ATT 1 - 10-04-23 Womans Club 90 Birthday Proclamation.pdf Recommendation:
That the City Council consider the Proclamation.
11.b
CONSIDERATION OF PROCLAMATIONS HONORING THE 25TH ANNIVERSARY OF KLNV QUE BUENA 106.5 FM & MERY LOPEZ-GALLO. (0410-30)
1. SR CONSIDERATION OF PROCLAMATIONS FOR THE 25TH ANNIVERSARY OF KLNV QUE BUENA 106.5 FM AND MERY LOPEZ GALLO.pdf
2. ATT 1 - 10-04-23 KLNV Que Buena 106.5FM 25th Anniversary.pdf
3. ATT 2 - Proclamation_Mery Lopez-Gallo.pdf
Recommendation:
That the City Council consider the Proclamations.
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.e.
12.a
RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM AUGUST 26, 2023, TO SEPTEMBER 22, 2023. (0300-25)
1. SR WARRANT REGISTER 2023-10-04.pdf
2. ATT 1 - Expense Approval Report 08.26.2023-09.22.2023.pdf Recommendation:
Staff is seeking that the City Council ratify and file the Warrant Register Report.
12.b
RECEIVE TREASURER’S REPORT FOR AUGUST 2023. (0300-90)
1. SR TREASURER'S REPORT AUGUST 2023 2023.10.04.pdf
2. ATT 1 - 2023.08 Treasurer's Report.pdf
3. ATT 2 - 2023.08 Chandler Statement.pdf
4. ATT 3 - 2023.08 LAIF Statement.pdf
Recommendation:
Staff recommends that the City Council receive and file the August 2023 Treasurer's Report.
12.c
RESOLUTION 2023-77 CONTINUING THE PROCLAMATION OF A STATE OF LOCAL EMERGENCY RELATING TO IMPACTS FROM CROSS-BORDER POLLUTION IN THE TIJUANA RIVER. (0150-40 & 0210-26)
1. SR TIJUANA RIVER EMERGENCY RESOLUTION 2023-77.pdf
2. ATT 1-Reso 2023-77-TJ-River.pdf
Recommendation:
Adopt Resolution No. 2023-77 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.
12.d
CONSIDERATION OF RESOLUTION 2023-83 TO AUTHORIZE AMENDMENTS TO THE FY24 GENERAL FUND BUDGET. (0330-30)
1. SR PUBLIC WORKS BUDGET AMENDMENT TO FY24 GENERAL FUND BUDGET.pdf
2. ATT 1 - 2023-83 Budget Amendments.pdf
Recommendation:
Staff recommends adoption of Resolution No. 2023-83, authorizing amendments to the FY24 Budget
12.e
FINAL MAP (TM 200049) FOR ONE NEW MIXED-USE COMMERCIAL BUILDING (COMMERCIAL SPACE ON THE GROUND FLOOR WITH TWO NEW RESIDENTIAL UNITS ABOVE) AND TWO NEW DETACHED DUPLEXES AT 801 SEACOAST DRIVE (APN 625-272-01-00) MF 1380. (0600-20)
1. SR MF 1380 SOUTH BEACH LIVING FINAL MAP.pdf
2. ATT 1 - Final Map_Redacted.pdf
Recommendation:
That the City Council approve the Final Map for recordation.
13. ORDINANCES/INTRODUCTION & FIRST READING
13.a
INTRODUCTION OF ORDINANCE NO. 2023-1237 AMENDING TITLE 12.08 OF THE IMPERIAL BEACH MUNICIPAL CODE RELATING TO STREETS, SIDEWALKS AND PUBLIC PLACES. (0460-10)
1. SR ORDINANCE AMENDING THE IBMC RELATING TO PUBLIC IMPROVEMENTS IN THE RIGHT OF WAY.pdf
2. ATT 1 - 2023-1237 Right of Way Improvements Ordinance.pdf Recommendation:
Staff recommends the City Council introduce Ordinance No. 2023-1237, amending the Municipal Code, by title only and waive further reading of the ordinance.
13.b
INTRODUCTION OF ORDINANCE NO. 2023-1236 AMENDING TITLE 8.36.160 OF THE IMPERIAL BEACH MUNICIPAL CODE RELATING TO HEALTH AND SAFETY. (0460-10)
1. SR INTRODUCTION OF ORDINANCE AMENDING THE IBMC RELATING TO HEALTH AND SAFETY.pdf
2. ATT 1 - 2023-1236 Amended Ordinance.pdf
Recommendation:
Staff recommends the City Council introduce Ordinance No. 2023-1236, amending the Municipal Code by title only and waive further reading of the ordinance.
14. PUBLIC HEARINGS
14.a
PUBLIC HEARING TO CONSIDER: ADOPTING NEW USER FEES; ADOPTING A RESTATED MASTER FEE SCHEDULE; AND INTRODUCING AN ORDINANCE AMENDING TITLES 4, 10, 16, AND 18 OF THE IMPERIAL BEACH MUNICIPAL CODE RELATED TO VARIOUS CITY FEES. (0390-55 & 0390-95)
1. SR MASTER FEE STUDY 2023-10-4.pdf
2. ATT 1 Resolution 2023-78 Master Fee Schedule.pdf
3. Exhibit A Proposed Master Fee Schedule.pdf
4. Exhibit B - Recreation Fees Classifications_Final.pdf
5. ATT 2 - NBS User Fee Study Report.pdf
6. ATT 3 Ordinance 2023-1235.pdf
Recommendation:
Hold public hearing to receive public input and (1) adopt Resolution No. 2023-78 which approves the NBS study, adopts the updated and restated Master Fee Schedule, and repeals prior enactments that are inconsistent with these new fees; and (2) introduce Ordinance No. 2023-1235 by title only, waiving further reading, and set for adoption at the next regular Council meeting.
14.b
HEARING TO CONDUCT A REVIEW OF DEVELOPMENT AGREEMENT (DA 2021-01) BETWEEN THE CITY OF IMPERIAL BEACH AND MARCH AND ASH IMPERIAL BEACH INC., DBA MARCH AND ASH. (0600-20 & 0600-95)
1. SR MARCH AND ASH DEVELOPMENT AGREEMENT REVIEW HEARING 100423(1).pdf
2. ATT 1 - Resolution 2023-79(1).pdf
3. ATT 2 - Development agreement DA 2021-01_Redacted(1).pdf Recommendation:
Staff recommends that the City Council hold a hearing and adopt Resolution 2023-79 finding that the Owner has complied in good faith with the terms and conditions of the Agreement.
15. REPORTS
15.a
CONSIDERATION OF THE REVIEW PROCESS OF IMPERIAL BEACH MUNICIPAL CODE CHAPTER 4.60 “CANNABIS FACILITIES” TO CONSIDER ANY CHANGES TO THE CITY’S CANNABIS REGULATIONS MF 1550. (0610-95)
1. SR CONSIDERATION FOR A SECOND CANNABIS PERMITTED USE AND FIVE-YEAR REVIEW OF IMPERIAL BEACH MUNICIPAL CODE CHAPTER 4.60.pdf
2. ATT 1 - Ord - 2018-1173 (Chapter 4.60 Cannabis Facilities)_Redacted.pdf
3. ATT 2 - Regulatory Safety Permit Monitoring Form.pdf Recommendation:
That the City Council consider and discuss the item and:
Appoint a limited term ad hoc subcommittee of the City Council to work with staff to review IBMC Chapter 4.60 and submit the findings/recommendations at a future Council meeting; and/or Provide direction to staff to perform the review with input on the pertinent factors such as whether or not the City Council wants to pursue any modifications to the ordinance to allow an additional cannabis facility.
15.b
RESOLUTION 2023-80 TO ACCEPT AND APPROPRIATE $150,000 IN STATE ACTIVE TRANSPORTATION GRANT PROJECT APPROVAL & ENVIRONMENTAL DOCUMENT FUNDS FOR THE PALM AVENUE COMPLETE MULTIMODAL CORRIDOR PROJECT (S22109). (0390-86)
1. SR ACCEPT AND APPROPRIATE $150,000 IN ATP PA AND ED FUNDS FOR THE PALM AVENUE PROJECT.pdf
2. Att. 1 2023-80 Accept and Appropriate PAandED Funds.pdf Recommendation:
Adopt Resolution 2023-80 to accept and appropriate $150,000 in State Active Transportation Grant funding for Project Approval & Environmental Document portion of the project.
15.c
RESOLUTION NO. 2023-81 AWARDING A PUBLIC WORKS CONTRACT TO PAR WESTERN LINE CONTRACTORS, LLC TO CONSTRUCT THE FIBER OPTIC IMPROVEMENTS – PHASE 2 PROJECT (S20112) AND APPROPRIATING ADDITIONAL FUNDS TO THE PROJECT BUDGET. (0810-15)
1. SR AWARD CONTRACT TO PAR WESTERN LINE CONTRACTORS, LLC TO CONSTRUCT THE FIBER OPTIC IMPROVEMENTS – PHASE 2 PROJECT (S20112).pdf
2. ATT 1 - 2023-81 Award Fiber Optic Improvements Project.pdf Recommendation:
Adopt Resolution No. 2023-81 to: (1) award the construction contract to Par Western Line Contractors, LLC for an amount not-to-exceed $331,000 for the Fiber Optic Improvements – Phase 2 Project (S20112).
15.d
RESO. NO. 2023-82 ADDING FY24 COMMUNITY ROOM IMPROVEMENT PROJECT TO IMPERIAL BEACH CAPITAL IMPROVEMENT PROGRAM; APPROPRIATING $400,300 TO PROJECT BUDGET; AND AWARDING CONTRACT TO GQ BUILDERS, INC. FOR CONSTRUCTION OF THE PROJECT (F24101). (0330-35)
1. SR ADDING THE FY24 COMMUNITY ROOM IMPROVEMENT PROJET TO THE CIP PROGRAM, APPROPRIATING BUDGET AND AWARDING PROJECT.pdf
2. ATT 1 - 2023-82 Community Room Improvement Project.pdf Recommendation:
Adopt Resolution No. 2023-82 to: (1) add the FY24 Community Room Improvement Project to the Imperial Beach Capital Improvement Program; (2) authorize the appropriation of $400,300 to the Project budget; and (3) award a Public Works contract in the amount of $219,300 to GQ Builders, Inc. which includes $50,000 contingency to construct the Project.
16. I.B. REDEVELOPMENT AGENCY SUCCESSOR AGENCY REPORTS
17. ITEMS PULLED FROM THE CONSENT CALENDAR (IF ANY)
18. CITY COUNCIL FUTURE AGENDA REQUESTS
19. ADJOURN REGULAR MEETING