CITY OF IMPERIAL BEACH
CITY COUNCIL
REGULAR MEETING MINUTES
June 18, 2024, 6: 00 p. m.
Council Chambers
825 Imperial Beach Boulevard
Imperial Beach, CA 91932
Present: Mayor Aguirre, Mayor Pro Tem McKay, Councilmember Seabury, Councilmember Fisher, Councilmember Leyba- Gonzalez
Staff: City Manager Foltz, Chief Administrative Officer Cortez -Martinez, City Attorney Lyon, City Clerk Kelly, Public Works Director Larios, Human Resources Manager Smith, Community Development Director Openshaw, Sheriffs Lieutenant Gathings
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 roll.
3. PLEDGE OF ALLEGIANCE
Mayor Pro Tern McKay led the Pledge of Allegiance.
4. REIMBURSEMENT DISCLOSURES/ REPORTS ON ASSIGNMENTS AND COMMITTEES Councilmember Leyba- Gonzalez
Farmer' s Market along with Councilmember Fisher, Eric Guttierez, the Founder of IBAC, and John Haythe to address Men' s Mental Health
Pow Wow by the Sea
Councilmember Fisher
Job Corps' 60th Anniversary
San Diego Tribal Summit
Announced Mario Orso is the new CEO of SANDAG
Farmer' s Market to speak on Men' s Mental Health
1 Councilmember Seabury
Job Corps' 60th Anniversary
SANDAG Mobility meeting
Pow Wow by the Sea
Announced the longest day of the year is Thursday, June 20th Announced Sunday is a great day to collect shells
Mayor Pro Tern McKay
Metro Wastewater JPA Regional meeting
CalCities meeting in Carlsbad
Farmers Market
Mayor Aguirre
SDG& E Environmental All -Stars restoration project
California Coastal Commission meeting in Morro Bay
Gave commencement speech for the graduating class of 2024 School of Public Health and Human Longevity Science at the UCSD
Pow Wow by the Sea
Announced she will visit Punta Bandara Sewage Treatment Plant this week Invited everybody to the County Board of Supervisor' s meeting on June 25th to share their health -related issues due to the sewage crisis
Shared Governor Gavin Newsom' s contact information so the public can contact him to declare the sewage crisis a State of Emergency
Announced that City staff will bring forward an ordinance on tenant protections for Imperial Beach residents at the first City Council meeting in August
5. COMMUNICATIONS FROM CITY STAFF
Community Development Director Openshaw announced the second workshop, in the series of housing related workshops, will be held on June 26th.
Chief Administrative Officer Cortez -Martinez announced the upcoming 4th of July event.
City Manager Foltz reminded everyone that there will not be any regular City Council meetings scheduled in July. He announced that the project at 455 Palm Ave. will be brought back for City Council' s consideration in August. He recommended that Item 10a., the project at 951 Seacoast Drive, be continued to the August 7 City Council meeting and that Item 11. a be addressed before Item 10. b on tonight' s agenda.
Motion by Mayor Aguirre
Seconded by Mayor Pro Tern McKay
To continue Public Hearing Item 10. a to the August 7, 2024 City Council meeting at 6: 00 p. m. and to change the order of the agenda by taking Item 11. a - Resolution No. 2024- 052 awarding a public works contract for construction of the 9th Street Enhancement Project before Item 10. b.
AYES ( 5): Mayor Aguirre, Mayor Pro Tem McKay, Councilmember Seabury, Councilmember Fisher, and Councilmember Leyba- Gonzalez
E
Motion Carried ( 5 to 0)
6. PUBLIC COMMENT
Beau Francisco, from the local World Mission Society Church of God, showed a video of an ASEZ WAO cleanup event that took place in Imperial Beach and stated that they would like to do an environmental project together again in the future.
Erika Lowery spoke about the Hidden Disability Sunflower Lanyard Program and asked City Council to consult with the San Diego Airport Authority and MTS to adopt a resolution recognizing people with hidden disabilities.
Jarrod Caswell spoke about the upcoming Chamber of Commerce ceremony and invited everyone to join.
Lynne Fischer announced that there is an offensive comment on a flag at a local resident' s home and asked City Council to address it.
Jeannie Fitzgerald wants Imperial Beach to be a thriving, family friendly town with a better reputation and requested that the City refrain from commenting on the sewage crisis to the media.
Randall Ferrell asked for an immediate moratorium on the owners of a trailer park to prevent them from evicting residents.
Maria Cerda and Daniel Loza spoke against rent increases.
John Monte thanked City Council for the tenant protection item that will be presented to City Council on August 7.
Jose Lopez, Maria Hirniesen, Alejandra Mendoza, Patricia Mendoza, Paulina Olvera Canez, and Anthony Azul asked that the initiative be placed on the ballot to protect people from no fault evictions and to assist in rent control.
Brenda Bautista and Clarissa Esparza asked that the initiative be placed on the ballot to assist in rent control and no- fault evictions at Sussex Gardens.
Connie Blake, Mary Dow, Juan Nevarez, and Rachel Orozco spoke about the conditions at the RV park and the increase in rent.
7. PRESENTATIONS
7. a PROCLAMATION RECOGNIZING PASTOR DOUGLAS JONES. ( 0410- 30) Motion by Councilmember Seabury
Seconded by Mayor Pro Tern McKay
To approve the Proclamation.
AYES ( 5): Mayor Aguirre, Mayor Pro Tern McKay, Councilmember Seabury, Councilmember Fisher, and Councilmember Leyba- Gonzalez 3 Motion Carried ( 5 to 0)
Councilmember Seabury read the Proclamation.
No public comments.
Councilmember Leyba- Gonzalez left Council Chambers at 7: 18 p. m.
7. b PROCLAMATION RECOGNIZING JUNETEENTH. ( 0410- 30)
Motion by Councilmember Seabury
Seconded by Councilmember Fisher
That the City Council approve the Proclamation.
AYES ( 4): Mayor Aguirre, Mayor Pro Tern McKay, Councilmember Seabury, and Councilmember Fisher
ABSENT ( 1): Councilmember Leyba- Gonzalez
Motion Carried ( 4 to 0)
Mayor Aguirre read the Proclamation.
Councilmember Leyba- Gonzalez returned to Council Chambers at 7: 20 p. m.
Sandra Brillhart submitted a written comment in support of the item.
7. c PROCLAMATION RECOGNIZING PARKS AND RECREATION MONTH — JULY 2024. 0410- 30)
Motion by Mayor Aguirre
Seconded by Mayor Pro Tern McKay
To approve the Proclamation.
AYES ( 5): Mayor Aguirre, Mayor Pro Tern McKay, Councilmember Seabury, Councilmember Fisher, and Councilmember Leyba- Gonzalez Motion Carried ( 5 to 0)
Mayor Pro Tern McKay read the Proclamation.
No Public Comments.
The Proclamation was presented to the Parks, Recreation and Community Services Department staff.
4 7. d INTRODUCTION AND REFUGE UPDATES BY SALLY BROWN WITH THE U. S. FISH WILDLIFE SERVICE. ( 0150- 40)
Sally Brown, Manager of the San Diego Bay and Tijuana Slough National Wildlife Refuges, introduced herself and gave a PowerPoint presentation on the item. In response to Mayor Aguirre, she stated that there are volunteer opportunities, specifically planting, that the Council can participate in.
No Public Comments.
Mayor Aguirre called a recess at 7: 45 p. m. and called the meeting back to order at 7: 50 p. m. with all Councilmembers present.
8. CONSENT CALENDAR
No Public Comments.
Councilmember Leyba- Gonzalez stated that in an abundance of caution he is recusing himself from participating on Item 8. c. because he is a member of IBAC.
Motion by Councilmember Fisher
Seconded by Councilmember Seabury
To approve Consent Calendar Item Nos. 8. a, 8. b, and 8. d through 8. g.
AYES ( 5): Mayor Aguirre, Mayor Pro Tern McKay, Councilmember Seabury, Councilmember Fisher, and Councilmember Leyba- Gonzalez
Motion Carried ( 5 to 0)
With regard to Consent Calendar Item No. 8. c, Motion carried by the following votes:
AYES ( 4): Mayor Aguirre, Mayor Pro Tern McKay, Councilmember Seabury, and Councilmember Fisher
DISQUALIFIED ( 1): Councilmember Leyba- Gonzalez
Motion Carried ( 4 to 0
8. a APPROVAL OF CITY COUNCIL MEETING MINUTES.
City Council approved the Regular Meeting Minutes of May 1, 2024, May 15, 2024, June 5, 2024 and the Special Meeting Minutes of May 14, 2024 and May 29, 2024.
8. b RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM MAY 25, 2024, TO JUNE 7, 2024. ( 0300- 25)
City Council ratified and filed the Warrant Register Report.
8. c APPROVAL OF SPECIAL EVENT PERMIT APPLICATION FOR THE IMPERIAL BEACH ATHLETIC CLUB ( IBAC) 2024 SUMMER SERIES AND USE OF DESIGNATED BEACH SPACE. ( 1040- 10)
5 City Council approved a special event permit application requested from IBAC to host their annual event series for a cornhole tournament on July 20 - 21, a horseshoe tournament on September 14, and an over the line tournament on October 5 - 6 in designated beach locations.
City Council also approved the fee waiver request for the special event fees that are eligible for a fee waiver for the September and October event series dates.
8. d RESOLUTION NO. 2024- 048 APPROVING AND ADOPTING A SIDE LETTER OF
AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND SERVICE EMPLOYEES' INTERNATIONAL UNION ( SEIU), LOCAL 221. ( 05840- 50)
City Council adopted Resolution No. 2024- 048, which approves and adopts the Side Letter of Agreement to the MOU between the City and SEIU.
8. e RESOLUTION NO. 2024- 046 AND SA- 24- 89 APPROVING AND ADOPTING THE
AMENDMENTS TO CITY OF IMPERIAL BEACH INVESTMENT POLICY AND DELEGATE THE CITY TREASURER THE AUTHORITY TO INVEST AND REINVEST. 0350- 95 & 0418- 95)
Approved and adopted Resolution No. 2024-046 by the City Council and SA-24- 89 by the Successor Agency authorizing the amendments to the City of Imperial Beach Investment Policy and delegating to the City Treasurer the authority to invest and reinvest the City' s financial assets.
8. f VETERANS & MILITARY AFFAIRS COMMITTEE — APPROVAL OF NON- RESIDENT
APPOINTEE IN COMPLIANCE WITH IMPERIAL BEACH MUNICIPAL CODE
2. 26. 20( F). ( 0120- 95)
City Council determined that John Haythe, a non-resident, shall be appointed to the Veterans & Military Affairs Committee due to special expertise that is not available among resident candidates.
8. g ADOPTION OF RESOLUTION NO. 2024- 053 AUTHORIZING RECEIPT OF OCEAN
PROTECTION COUNCIL GRANT FUNDS FOR IMPERIAL BEACH COMMUNITY RESILIENCE PLAN PROJECT & RESOLUTION NO. 2024- 054 AUTHORIZING
REQUISITE BUDGET ADJUSTMENTS, & AMENDMENT TO CONTRACT WITH GHD, INC.
Adopted Resolution No. 2024- 053 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 Ocean Protection Council and adopt Resolution No. 2024- 054 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 GHD, Inc. for consultant support to implement the project. 0 9. ORDINANCES/ INTRODUCTION & FIRST READING
None.
10. PUBLIC HEARINGS
10. a RC COMMERCIAL HOLDINGS, LLC ( OWNER); REGULAR COASTAL PERMIT ( CP24- 0003), CONDITIONAL USE PERMIT ( CUP- 24- 0002), AND CEQA CATEGORICAL EXEMPTION PER SECTION 15301 CLASS 1 FOR LIVE ENTERTAINMENT AT 951 SEACOAST DRIVE. USE- 24-0029 ( 0600- 20).
City Council continued the public hearing to the August 7, 2024, City Council Meeting at 6: 00 p. m. by prior City Council action.
11. REPORTS
11. a RESOLUTION NO. 2024- 052 AWARDING A PUBLIC WORKS CONTRACT FOR CONSTRUCTION OF THE 9TH STREET ENHANCEMENT PROJECT ( S22101) TO TRIGROUP CONSTRUCTION AND DEVELOPMENT, INC. AND ACCEPTING AND APPROPRIATING $ 2, 479, 000 IN STATE ACTIVE TRANSPORTATION GRANT Mayor Aguirre and Councilmember Fisher recused themselves from participating in Item nos. 11. a, 10. b, 10. c, and 11. b due to potential conflicts of interest due to proximity to the project area( s) and left the Chambers at 7: 52 p. m.
Public Works Director Larios gave a PowerPoint presentation on the item.
A written comment in support of the project was submitted by Sandra Brillhart.
Councilmember Seabury appreciated the surfboard tile design. She spoke about lessons learned from the project on Imperial Beach Blvd. regarding collection of rainwater and the guarantee of plants.
In response to Mayor Pro Tern McKay' s question, Director Larios spoke about the phased approach process for the project. He also stated that regular updates will be on the City' s website and on the electronic message boards.
Motion by Councilmember Seabury
Seconded by Councilmember Leyba- Gonzalez
To adopt Resolution No. 2024-052 awarding the construction contract for the 9th Street Enhancement Project to Tri- Group Construction and Development, Inc. in the amount of 4, 289, 815, and accepting and appropriating $ 2, 479, 000 in State Active Transportation Grant Construction funding to the project budget and authorizing a budget transfer in the amount of $ 2, 031, 500 to the 9th Street Enhancement Project ( S22101) from available Transnet and SB1 funds.
7 AYES ( 3): Mayor Pro Tern McKay, Councilmember Seabury, and Councilmember LeybaGonzalez Disqualified ( 2): Mayor Aguirre, and Councilmember Fisher Motion Carried ( 3 to 0)
10. PUBLIC HEARINGS
10. b RESOLUTION 2024- 050 APPROVING ADMIN. AMEND. NO. 15 ( 23- 15) TO 2023
REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM UPDATING
PROGRAMMED FUNDS TO MATCH FUNDING IN THE CAPITAL IMPROVEMENT PROGRAM AND ACTUAL FY23 & FY24 TRANSNET PAYMENTS RECEIVED. ( 0680- 80)
Public Works Director Larios gave a PowerPoint presentation.
No public comments.
Councilmember Seabury stated that it is unfortunate that the uniqueness of Imperial Beach as a little beach town is not a factor when funds are allocated to the different cities.
Without dissension of City Council, Mayor Pro Tern McKay closed the public hearing.
Motion by Mayor Pro Tern McKay
Seconded by Councilmember Leyba- Gonzalez
To adopt Resolution 2024- 050 - A Resolution of the City Council of the City of Imperial Beach, California authorizing staff to update programmed TransNet funds in the 2023 Regional Transportation Improvement Program.
AYES ( 3): Mayor Pro Tern McKay, Councilmember Seabury, and Councilmember LeybaGonzalez Disqualified ( 2): Mayor Aguirre, and Councilmember Fisher Motion Carried ( 3 to 0)
10. c RESOLUTION NO. 2024- 051 ADOPTING THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2025 THROUGH 2029. ( 0680- 80)
Mayor Pro Tern McKay declared the public hearing open.
Public Works Director Larios gave a Presentation.
A written comment in support of the item was submitted by Sandra Brillhart.
No City Council discussion.
M.
Without dissension of City Council, Mayor Pro Tem McKay closed the public hearing.
Motion by Mayor Pro Tern McKay
Seconded by Councilmember Leyba- Gonzalez
To approve Resolution No. 2024-051 adopting the 2025 TransNet Local Street Improvement Program of Projects for Fiscal Years 2025 through 2029.
AYES ( 3): Mayor Pro Tern McKay, Councilmember Seabury, and Councilmember LeybaGonzalez Disqualified ( 2): Mayor Aguirre, and Councilmember Fisher Motion Carried ( 3 to 0)
11. REPORTS
11. b RESOLUTION NO. 2024- 049 ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024- 2025 FUNDED BY SIB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017. ( 0390- 86)
Director Larios gave a PowerPoint presentation and responded to questions by Councilmember Seabury.
No public comments.
Motion by Mayor Pro Tern McKay
Seconded by Councilmember Seabury
To adopt Resolution No. 2024- 049 approving the FY2024- 2025 Project List for Senate Bill 1 ( Road Repair and Accountability Act of 2017) Road Maintenance and Rehabilitation Account funding.
AYES ( 3): Mayor Pro Tern McKay, Councilmember Seabury, and Councilmember LeybaGonzalez Disqualified ( 2): Mayor Aguirre, and Councilmember Fisher Motion Carried ( 3 to 0)
Mayor Aguirre and Councilmember Fisher returned to the Council Chambers at 8: 31 p. m.
11. c UPDATE ON 10TH AND IRIS POCKET PARK. ( 0920- 90)
City Manager Foltz gave a PowerPoint presentation.
A written comment was submitted by Sandra Brillhart in support of the item.
Council expressed their excitement and support for the project and offered their assistance.
6 12
13 14.
15. Mayor Aguirre commended 4- Walls International for their support and recommended dedication of a memorial to late Co -Founder, Steven Wright.
11. d SUMMER SAFETY MEASURES IN IMPERIAL BEACH. ( 0220- 05 & 0260- 05) City Manager Foltz gave a PowerPoint on the item.
No public comment.
In response to Mayor Pro Tern McKay' s question, City Manager Foltz stated that the park areas available for rent will be posted on the City' s website.
Councilmember Seabury reminded everyone that between the hours of 11: 00 a.m. and 3: 00 p. m. is the hottest time to walk dogs in the summer and to exercise caution.
Councilmember Fisher appreciated the update and said that it is important for people to be aware of the rules.
Mayor Aguirre stated that she wants to make sure Imperial Beach continues to be safe and family friendly. She requested that the contact information shown in the presentation be provided on social media. She also requested that staff reach out to the County to find overnight cooling centers and provide that information to the public.
I. B. REDEVELOPMENT AGENCY SUCCESSOR AGENCY REPORTS
See Consent Calendar Item No. 8. e.
ITEMS PULLED FROM THE CONSENT CALENDAR ( IF ANY)
None.
CITY COUNCIL FUTURE AGENDA REQUESTS
None.
ADJOURN REGULAR MEETING
Mayor Aguirre adjourned the Regular Meeting at 8: 55 p. m.
Kelly,
City Clerk
10 Paloma Aguirre
Mayor