CITY OF IMPERIAL BEACH
CITY COUNCIL
REGULAR MEETING MINUTES
October 18, 2023, 6: 00 p. m.
Council Chambers
825 Imperial Beach Boulevard
Imperial Beach, CA 91932
Present: Mayor Aguirre, Mayor Pro Tern Leyba- Gonzalez, Councilmember McKay, Councilmember Seabury, Councilmember Fisher
Staff City Manager Foltz, Chief Administrative Officer Cortez- Martinez, City Attorney Lyon, City Clerk Kelly, Parks and Recreation Director Bullock, Public Works Director Larios, Community Development Director Openshaw, City Planner/ Management Associate Ayala
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 the roll.
3. PLEDGE OF ALLEGIANCE
Girl Scout Troop 6179 led the Pledge of Allegiance.
4. REIMBURSEMENT DISCLOSURES/ REPORTS ON ASSIGNMENTS AND
COMMITTEES
Councilmember Fisher
Acknowledged the passing of an Imperial Beach icon, Don Spicer, who dedicated his time to the Imperial Beach Little League and its success.
SANDAG Clean Air Day, where people could ride public transportation for free.
Delegation of SANDAG leadership went to Mexico for a panel discussion regarding the Tijuana River Valley.
1 The 2021 Regional Transportation Plan amendment was accepted.
At a SANDAG future meeting will be a discussion on an amendment of the operating budget.
Chair Nora Vargas asked Councilmember Fisher to be on a subcommittee to hire the next SANDAG CEO.
Met with Leadership from the South County Economic Development Council to discuss the survey taken by businesses.
Councilmember Seabury
Attended Symphony by the Sea.
Zoom meeting with San Diego Division - League of California Cities regarding the Sewage Crisis.
California Coastal Commission Meeting at Pier South Hotel related to the Tijuana River sewage crisis.
Navy Flag raising ceremony at Imperial Beach City Hall.
Councilmember McKay
Navy Flag raising ceremony at Imperial Beach City Hall.
Attended and gave testimony as a resident at the California Coastal Committee Meeting about the Tijuana River sewage crisis.
Acknowledged Don Spicer' s passing and his family.
Attended the 3rd Ad- hoc Subcommittee Campaign Finance Meeting and announced the last meeting will be at the City' s Farmers Market Saturday, October 21 st.
Mayor Pro Tem Leyba- Gonzalez
Connected with local businesses that had questions/ concerns and was able to create connections and build relationships.
Mayor Aguirre
Met with California Attorney General Rob Bonta for a briefing on the sewage crisis.
Attended California Latino Legislative Caucus for its 50th Anniversary.
Attended Symphony by the Sea.
Zoom meeting with San Diego Division - League of California Cities regarding the Sewage Crisis.
Attended California Secretary Wade Crowfoot' s panel on Nurturing Heritage, Cultivating Empowerment and Conservation, Embracing Latino Roots for a Stronger Future.
2 Attended the 3rd Ad- hoc Subcommittee Campaign Finance Meeting.
California Coastal Commission Meeting for three days at Pier South Hotel and spoke about the Tijuana River sewage issue.
Announced the Santa Cruz County Board of Supervisors approved a letter to be sent to the Governor and to the President on behalf of the City of Imperial Beach regarding the sewage crisis.
Attending tomorrow' s State Lands Commission meeting to give testimony on the impacts from the sewage crisis in the City.
5. COMMUNICATIONS FROM CITY STAFF
Parks and Recreation Director Bullock announced that Lap Swim will be open October 19th at 5: 30 a. m. at the Mar Vista High School pool.
City Manager Foltz announced:
Hess Fest provided the required report related to their event and it is being reviewed by staff before it is presented to City Council.
Clarified that the last Ad- hoc Subcommittee Campaign Finance Meeting will be on October 21st from 9 a. m. to 12 p. m. at the Farmers Market.
Stated that staff recommend pulling Item 8. d for discussion immediately after the Consent Calendar so that staff can provide further clarification.
Motion by Councilmember Fisher
Seconded by Mayor Aguirre
To pull Item 8. d from the Consent Calendar for discussion directly after the Consent Calendar.
AYES ( 5): Mayor Aguirre, Mayor Pro Tem Leyba- Gonzalez, Councilmember McKay, Councilmember Seabury, and Councilmember Fisher
Motion Carried ( 5 to 0)
6. PUBLIC COMMENT
Reshae Cuevas recognized Don Spicer' s passing. She gave details of the Halloween Bike Parade and provided a flyer to the City Council with final details.
Valerie Acevez provided details on two events that are occurring in the City this month, Zombie Walk on October 26th and Military Application Day at Dunes Park on November 11th.
Martin Mattes, President of the Imperial Beach Chamber of Commerce, promoted the upcoming Zombie Walk on October 26th and Military Appreciation Day on November 11th at Dunes Park. He explained that details are still being finalized and they are still looking for sponsors. He stated that on October 20th at 9:30 a. m. he will be interviewed on 3 television to emphasize the state of emergency on the sewage crisis. He encouraged people to spend money at the City of Imperial Beach.
Erika Lowery stated that although she is not opposed to the narrowing of 9th Street, she explained that she drives this street daily and is concerned about a line of vehicles that double park in the right lane every day. This causes difficulties for buses to make their stops if they can even stop. She requested that staff take this into consideration and create a better system.
Edward Brakmanis suggested that the City generate good news to be talked about in the City and establish a bird and butterfly garden within the City for the youth. He explained this would be a great way to distract from the sewage crisis.
Mario and Tom, from San Diego Air Cooled, presented an appreciation plaque to the City for allowing them to have their event in the City. In addition, they presented a check for 1, 000. 00 to be donated to the Imperial Beach Neighborhood Center. They thanked staff for making the event an easy process.
Baron Partlow explained that an interview on KUSI with Dan Plante had just aired relating to the sewage crisis and explained that there is proof that the sewage crisis in the City is causing a rise in illnesses.
Written Public Comments received from Eric Syverson.
7. PRESENTATIONS
7. a CONSIDERATION OF PROCLAMATION HONORING BREAST CANCER AWARENESS MONTH, 2023. ( 0410-30)
Motion by Councilmember McKay
Seconded by Councilmember Fisher
To approve the Proclamation.
AYES ( 5): Mayor Aguirre, Mayor Pro Tem Leyba- Gonzalez, Councilmember McKay, Councilmember Seabury, and Councilmember Fisher
Motion Carried ( 5 to 0)
Councilmember Fisher read the Proclamation.
No Public Comments.
Leia Brune, Executive Director for Susan G. Komen, accepted the proclamation.
7. b CONSIDERATION OF PROCLAMATION HONORING INDIGENOUS PEOPLE' S DAY. ( 0410- 30)
Motion by Councilmember Seabury
Seconded by Councilmember McKay
4 To approve the Proclamation.
AYES ( 5): Mayor Aguirre, Mayor Pro Tem Leyba- Gonzalez, Councilmember McKay, Councilmember Seabury, and Councilmember Fisher
Motion Carried ( 5 to 0)
Mayor Aguirre read the Proclamation.
No Public Comments.
Written Public Comments received from Sandra Brillhart.
7. c MTS RAPID ROUTE UPDATE. ( 0680- 85)
City Manager Foltz introduced the item.
Dennis Desmond of MTS gave a PowerPoint Presentation.
Councilmember McKay commented that the 40-foot bus seems more appropriate for the City compared to the 60- foot bus and requested other options.
Public Comment:
Jarrod Caswell was opposed to the buses going down residential streets, stated the buses are always empty, and expressed concern about blockage of views and safety of people and pets. He also expressed concern about bus debris and soot covering homes and cars and was against the running of buses all day.
Baron Partlow commented that although 3rd Street is a truck route, trucks don't make constant stops. He said the longer buses will require an extended red curb and the City already has parking issues. He was also concerned with brake dust and tire debris. He also expressed concern about the bus stops on 3rd and 4th Streets making the area qualify for higher density.
Clint Shipman expressed concern about buses causing more wear and tear on the roads and said he does not see anyone riding the buses.
David Nearing stated that residents were not notified of the proposed installation of a shelter on the corner of 3rd Street and Imperial Beach Blvd. or the red curb painting. He was opposed to the removal of parking spaces as they are essential to the quality of life in the City and he said that the buses would tear up the streets.
He said that citizens were not included in the decision of the bus route. He also expressed concern about the dust impacting residences and he was opposed to buses going down 3rd Street ( additional time donated by Sharon Layton).
Erika Lowery said that when she lived on 3rd Street cars had hit her car as they attempted to dodge buses going down the street. She offered other routes for consideration.
5 Josie Hamada said she attended all of the MTS public meetings. She complained about Route 933A being discontinued on Sundays because of Route 227.
Mr. Desmond addressed some of the comments made by the public.
Written Public Comments submitted by Lenora and John Porcella, and Antonette Gutierrez.
In response to Councilmember Fisher' s questions, Mr. Desmond stated that several stops will have new shelters built. He explained that the buses follow the speed limits that are posted. He also explained that the size of the bus being used is the same as what was being used before adding Imperial Beach to the route and that it takes time to build ridership. He stated that a 40-foot bus weighs approximately 38- 40 thousand lbs. Mr. Desmond explained that in the future there will be a transition of all buses to be electric, this means heavier vehicles, however, the braking system on electric vehicles is better for the environment.
In response to Mayor Pro Tem' s questions, Mr. Desmond explained that the buses run every 15 minutes because the idea is to make the bus available and convenient.
Mayor Pro Tem Leyba-Gonzalez stated that it would have been nice to reach out to the community over social media to hear their concerns about this new route.
In response to Councilmember Seabury' s statement, Mr. Desmond explained that typically it can take up to 12- 18 months for bus ridership to mature, so you may not see many people using the buses in the beginning.
Councilmember McKay requested that adjustments be made to the frequency and times that the bus is in route in the City. He also requested that data be brought back from MTS to help make a better determination of how often the bus routes need to be running and at what times, and waiting for the ridership to mature is too long.
Mayor Aguirre requested that staff host a meeting with the residents on 3rd Avenue to hear the types of adjustments they would like to see.
Mr. Desmond introduced MTS Transportation Planner, Beverly Neff.
Mayor Aguirre requested that staff look into the 227 route bus stop and determine if they are major transit stops or high frequency stops because the density bonus law can be affected.
Mayor Aguirre called a recess at 7: 49 p. m. and reconvened the meeting to open session at 7:53 p. m. with all Councilmembers present.
6 8. CONSENT CALENDAR
Councilmember Seabury announced she has a conflict related to item 8.f and would not participate on that item.
No Public Comments.
Motion by Mayor Aguirre
Seconded by Councilmember McKay
To approve Consent Calendar Item Nos. 8. a through 8. c, 8.e, and 8. g through 8.j.
AYES ( 5): Mayor Aguirre, Mayor Pro Tem Leyba- Gonzalez, Councilmember McKay, Councilmember Seabury, and Councilmember Fisher
Motion Carried ( 5 to 0)
With regard to Consent Calendar Item No. 8.f, motion carried by the following vote:
AYES ( 5): Mayor Aguirre, Mayor Pro Tem Leyba- Gonzalez, Councilmember McKay, and Councilmember Fisher
Conflict ( 1): Councilmember Seabury
Motion Carried ( 4 to 0)
8. a APPROVAL OF CITY COUNCIL MEETING MINUTES.
The City Council approved the Special Meeting Minutes of September 12, 2023, and the Regular Meeting Minutes of October 4, 2023.
8. b RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM SEPTEMBER 23, 2023 TO OCTOBER 6, 2023. ( 0300- 25)
The City Council ratified and filed the Warrant Register Report.
8. c SUBJECT RESOLUTION 2023- 90 TO AUTHORIZE SUBMITTAL OF AN APPLICATION FOR FISCAL YEAR 2024- 2025 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. ( 0650- 34)
Adopted Resolution 2023- 90 authorizing the Submittal of an Application for Fiscal Year 2024- 2025 Community Development Block Grant Funds.
8. e NON- EXCLUSIVE LICENSE AGREEMENT FOR A DISH WIRELESS CELLULAR SITE AT CITY HALL. ( 0800- 50)
The City Council adopted Resolution 2023- 86 authorizing a non- exclusive License Agreement with DISH Wireless, LLC to provide access to 827 Imperial Beach Boulevard ( 632- 111- 27- 00) for the installation and operation of a cellular site.
8. f ADOPTION OF RESO. 2023- 89 AUTHORIZING RECEIPT OF COASTAL
CONSERVANCY GRANT FUNDS FOR THE BAYSHORE BIKEWAY
7 RESILIENCY PROJECT, REQUISITE BUDGET ADJUSTMENTS, & AN
AMENDMENT TO THE CONTRACT WITH NEXUS PLANNING & RESEARCH FOR THE PROJECT. (0620- 77 & 0680- 20)
The City Council adopted Resolution Number 2023- 89 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 Coastal Conservancy, 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 Nexus Planning & Research for consultant support to implement the project.
8. g SECOND READING AND ADOPTION OF ORDINANCE NO. 2023- 1237 AMENDING TITLE 12. 08 OF THE IMPERIAL BEACH MUNICIPAL CODE RELATING TO STREETS, SIDEWALKS AND PUBLIC PLACES. ( 0720- 95 & 0460- 10)
The City Council conducted the second reading and adoption of Ordinance No. 2023- 1237, amending the Municipal Code, by title only.
8. h SECOND READING OF ORDINANCE NO. 2023- 1236 AMENDING TITLE
8. 36. 160 OF THE IMPERIAL BEACH MUNICIPAL CODE RELATING TO HEALTH AND SAFETY. (0720- 95 & 0460- 10)
The City Council conducted the second reading and adopted Ordinance No. 2023- 1236, amending the Municipal Code by title only.
8. i SECOND READING AND ADOPTION OF ORDINANCE NO. 2023- 1235 AMENDING TITLES 4, 10, 16, AND 18 OF THE IMPERIAL BEACH MUNICIPAL CODE RELATED TO VARIOUS CITY FEES. ( 0390- 55 & 0390-95) The City Council conducted the second reading and adopted Ordinance No. 2023- 1235 by title only.
8. j APPROVAL OF SPECIAL EVENT APPLICATION FOR THE MILITARY
APPRECIATION DAY EVENT AND RESERVATION OF DUNES PARK ON SATURDAY, NOVEMBER 11, 2023. ( 1040- 10)
The City Council approved the application request for the 2023 Military Appreciation Day special event to reserve and activate Dunes Park as an event venue for the annual Military Appreciation Day event which will be held on Saturday, November 11, 2023.
8 13. ITEMS PULLED FROM THE CONSENT CALENDAR
8. d ADOPTION OF RESOLUTION 2023- 87 TO ADOPT ADMINISTRATIVE
ENCROACHMENT AND EXCAVATION RULES AND REGULATIONS FOR
WIRELINE COMMUNICATION FACILITIES FOR PACIFIC WYYERD, LLC. 0710- 55)
By previous action taken by the City Council at the meeting, Item 8. d was discussed after the Consent Calendar.
City Planner/ Management Associate Ayala gave a PowerPoint Presentation.
No public Comments.
In response to Mayor Pro Tem Leyba- Gonzalez' s question, Bill Mullen, Director for Wyyerd Fiber, stated they use the latest techniques and technology, and use micro trenching. Also, they go to the polls first before trenching.
Councilmember Fisher spoke favorably of Wyyerd Fiber.
Councilmember Seabury commented that Fiberoptics are more reliable.
In response to Mayor Aguirre' s concern for having the construction fast and efficient and making the areas look aesthetically the same or better, Mr. Mullen agreed. They are planning ahead of time to make for the least amount of digging and want to be better members of the community.
Motion by Councilmember Seabury
Seconded by Mayor Pro Tem Leyba- Gonzalez
To adopt Resolution No. 2023- 87 adopting the Administrative Encroachment and Excavation Rules and Regulations for Wireline Communication Facilities (" Exhibit A" to resolution) and allow new fiber optic lines to be installed in the City' s right-ofway subject to the issuance of an Encroachment Permit.
AYES ( 5): Mayor Aguirre, Mayor Pro Tern Leyba- Gonzalez, Councilmember McKay, Councilmember Seabury, and Councilmember Fisher
Motion Carried ( 5 to 0)
9. ORDINANCES/ INTRODUCTION & FIRST READING
None.
10. PUBLIC HEARINGS
None.
9 11. REPORTS
11. 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 & 0610- 20)
City Planner/ Management Associate Ayala gave a PowerPoint Presentation.
No public comments.
Written comment submitted by Sandra Brillhart.
Councilmember Fisher stated that it is important to establish the ad- hoc subcommittee because it shows importance to the community.
Councilmember McKay agreed with Councilmember Fisher and stated that he would like to see the sales data from March and Ash.
Mayor Aguirre stated that should the City decide to conduct a survey and use a consultant, it would cost a good amount of money and asked that the City Council be mindful of that.
Mayor Aguirre made a motion to nominate Councilmember McKay and Mayor Pro Tem Leyba- Gonzalez to be on the ad hoc committee and for them to decide how many meetings will be held.
Councilmember Seabury nominated herself to serve on the add- hoc subcommittee.
Mayor Aguirre amended her motion to nominate Mayor Pro Tem Leyba- Gonzalez and Councilmember Seabury to be on the ad hoc committee.
Amended Motion by Mayor Aguirre
Seconded by Councilmember McKay
To appoint Mayor Pro Tem Leyba- Gonzalez and Councilmember Seabury to serve for 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.
AYES ( 5): Mayor Aguirre, Mayor Pro Tem Leyba-Gonzalez, Councilmember McKay, Councilmember Seabury, and Councilmember Fisher
Motion Carried ( 5 to 0)
10 11. b RESOLUTION 2023- 84 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)
Mayor Aguirre and Councilmember Fisher recused themselves from discussion of the item due to the location of their residences and left the Council Chambers at 8: 27 p. m.
Public Works Director Larios gave a PowerPoint Presentation.
No Public Comments.
In response to Councilmember McKay' s questions, Director Larios explained that the corrugated metal pipe mentioned in the presentation is a stormwater pipe on Palm Avenue and that it was installed over 70 years ago. He also explained that the construction funds used would be for studies such as environmental studies that are required to be done before initiating the project.
Mayor Pro Tem stated that he supports the project.
Motion by Councilmember Seabury
Seconded by Councilmember McKay
To adopt Resolution 2023- 84 to accept and appropriate $ 150, 000 in State Active Transportation Grant funding for Project Approval & Environmental Document portion of the project.
AYES ( 3): Mayor Pro Tem Leyba- Gonzalez, Councilmember McKay, and Councilmember Seabury
Conflict ( 2): Mayor Aguirre, and Councilmember Fisher
Motion Carried ( 3 to 0)
Mayor Aguirre and Councilmember Fisher returned to the Council Chambers at 8:49 p. m.
11. c TIME EXTENSION REQUEST FOR THE BLUE WAVE PROJECT, INCLUDING MITIGATED NEGATIVE DECLARATION, LOCATED AT 550 HIGHWAY 75 AND 624 7TH STREET ( APNs 625- 140- 08- 00, 626- 070- 33- 00, AND 626- 070- 57- 00).
MF 1307. ( 0600- 20)
Community Development Director Openshaw gave a PowerPoint Presentation.
No Public Comments.
In response to Councilmember Seabury' s questions, Director Openshaw explained that for the applicant to not need an additional extension, substantial construction would have to be completed of the foundation and an inspection of that foundation. 11 She also explained that building plans must be submitted and reviewed before any permits are issued.
Mayor Pro Tem Leyba- Gonzalez stated that he supports the extension as well as the design and construction aspect because it brings business into the City.
Councilmember Fisher agreed with Mayor Pro Tem Leyba- Gonzalez, however, he was hesitant to approve the extension of this project, because the lot has been empty, and it is a hugely ambitious project. He fears it will not ever be able to be funded.
Councilmember McKay stated that he opposes the request for an extension because the applicant could come back after this extension asking for further extensions.
Mayor Aguirre explained her concerns about awarding another time extension, she stated that the City could be missing out on other potential projects.
Motion by Mayor Aguirre
Seconded by Councilmember McKay
To adopt Resolution No. 2023- 88 as amended denying a time extension for a Regular Coastal Development Permit ( CP 180066), Conditional Use Permit ( CUP 180067), Design Review Case ( DRC 180068), Site Plan Review ( SPR 180071), Vesting Tentative Map ( VTM 180072), and Mitigated Negative Declaration ( EIA 180069; SCH# 2019059022) for the construction of new mixed- use development with 47- hotel rooms, 51- residential units, and approximately 6, 680 square feet of commercial space at 550 Highway 75 and 624 7th Street ( APNs 625- 140- 08- 00, 626- 070- 33-00, AND 626-070- 57-00).
AYES ( 4): Mayor Aguirre, Councilmember McKay, Councilmember Seabury, and Councilmember Fisher
NOES ( 1): Mayor Pro Tem Leyba-Gonzalez
Motion Carried ( 4 to 1)
11. d RESOLUTION 2023- 85 APPROVING AND ADOPTING THE CITY' S FISCAL YEAR 2023- 2025 SALARY SCHEDULE, AMENDING THE CITY' S PERSONNEL RULES, AND VARIOUS PERSONNEL CHANGES ( 0500- 95 & 0520-75).
Chief Administrative Officer Cortez- Martinez gave a PowerPoint presentation, and she announced an amendment to the resolution to include the reclassification of the Parks, Recreation, and Community Services Supervisor job classification from a mid- management classification to a confidential classification.
No public comments.
12 In response to Councilmember Fisher' s questions, CAO Cortez- Martinez explained that the Housing Specialist position has always been a full- time position, but the City is reclassifying the position to a management position because the position has gained additional responsibilities. She also explained that the case worker position is a grant funded position and the City is working on filling it.
Mayor Aguirre stated that succession planning is important for the City to confirm there is continuity within the departments. She also stated that the case management position will be helpful to the City in addressing homelessness.
Motion by Councilmember Fisher
Seconded by Mayor Aguirre
To approve amended Resolution 2023- 85 that would result in the following actions:
Approval of the City' s Fiscal Year 2023- 2025 Salary Schedule Amendment of the Personnel Rules Article VII
Approval of various personnel changes
AYES ( 5): Mayor Aguirre, Mayor Pro Tem Leyba-Gonzalez, Councilmember McKay, Councilmember Seabury, and Councilmember Fisher
Motion Carried ( 5 to 0)
12. I. B. REDEVELOPMENT AGENCY SUCCESSOR AGENCY REPORTS None.
14. CITY COUNCIL FUTURE AGENDA REQUESTS
Councilmember Fisher requested a discussion at a future meeting about a location for pickleball courts and funding, seconded by Mayor Aguirre.
Mayor Pro Tem Leyba- Gonzalez requested another discussion at a future meeting about the MTS community concerns after staff has reached out to the community and MTS staff for specifics, seconded by Councilmember Fisher.
15. ADJOURN REGULAR MEETING
Mayor Aguirre adjourned the Regular Meeting at 9: 15 p. m. a queline M. Kelly, MMC Paloma Aguirre
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