LAST MINUTE AGENDA INFORMATION 12/04/2024 Regular City Council Meeting (Agenda Related Writings/Documents provided to a majority of the City Council after distribution of the Agenda Packet for the December 4, 2024, meeting.) ITEM NO. DESCRIPTION
10.a 1337 HOLLY DEV. (APPLICANT);
CONSTRUCT A NEW 4-STORY, 46-UNIT
RESIDENTIAL DEVELOPMENT WITH 48 PARKING
SPACES, DETACHED ADU, & A 5,244 SF PARK AT
1368-1376 HOLLY AVE. & 1368 14TH ST. (APN 633-
161-14-00, 633-161-13-00, 633-161-12-00) USE-23-
0066. (0600-20)
a) Correspondence from Sandra
Brillhart
11.a DISCUSSION OF REGULATIONS FOR
TENANT PROTECTIONS. (0660-95)
a) Correspondence from Sandra
Brillhart
b) Correspondence from Mark
Williams
c) Correspondence from Gary
Trieschman
d) Correspondence from Melanie
Woods
e) Correspondence from Pat
Flowers
11.c RESOLUTION 2024-086 AUTHORIZING
RECEIPT OF HOUSING ACCELERATION
PROGRAM FUNDS, BUDGET ADJUSTMENTS,
AND PROFESSIONAL SERVICES AGREEMENTS
WITH CITYTHINKERS, INC. FOR THE 13th STREET
CORRIDOR IMPROVEMENT PLAN AND 4LEAF,
INC. FOR PLANNING SERVICES. (0720-25)
a) Correct Resolution No. 2024-
086 to No. 2024-088
11.d DESIGNATION OF MAYORAL AND CITY
COUNCIL ASSIGNMENTS REQUIRING
ELECTED OFFICIAL REPRESENTATION FOR 2025
(0410-50).
a) Update to Metro Wastewater
JPA Stipend
b) Update to Job Corps contact
From: Sandra Brillhart
To: Public Comments
Subject: Agenda Item 10a - Support, with modifications
Date: Monday, December 2, 2024 10:21:45 PM
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This is another project that takes advantage of State laws that reduce local control over development and force municipalities to approve projects that are not compatible with the neighborhood character. While this project is aesthetically attractive and provides much needed affordable housing and a park, the cumulative impacts of the requested waivers, concessions, bonuses and nomenclature gimmicks are concerning. In addition to the concerns raised by the DRB, most of which the developer did not address, the relief necessary to accommodate the so called ADUs is unreasonable and should not be granted unless the following points are addressed to your satisfaction.
The developer should provide facts to support the claims that anything different from what is proposed is not viable.
Why is office space considered an ADU?
Why is this space detached? (other than to squeeze in another unit) Council should not permit the space between the detached ADU and the main structure to be only 6 inches (as opposed to 10 feet which is required), as it presents serious safety and fire concerns, especially given the proximity to the EV charging stations, and will be problematic for building repairs and maintenance.
The proposal to construct the attached internal ADUs concurrently with the main building appears inconsistent with the intent of the City's ADU ordinance which says that portions of unused common areas in multi family buildings may be converted to ADUs. In this project, the sole purpose of the space is for a dwelling unit. Calling them ADUs is just a ploy to build more units and make the project more profitable for the developer.
Lastly, a bike repair station will not reduce parking demand or automobile ownership. Since the project is benefiting from being close to transit, perhaps transit passes would be a more appropriate and effective TDM measure.
Thank you for your consideration.
Respectfully,
Sandy Brillhart
.
a.1 12-04-2024 Item No. 10.a
Last Minute Agenda Information
From: Sandra Brillhart
To: Public Comments
Subject: Agenda Item 11a - Support local ordinance
Date: Monday, December 2, 2024 10:44:16 AM
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Housing insecurity doesn't only affect those who experience it directly, it has a destabilizing and debilitating effect on the entire community. Imperial Beach should follow the examples of Chula Vista and San Diego and pursue developing our own local tenant protection ordinance tailored to our specific needs and conditions.
In addition to reviewing existing municipal ordinances, the City should conduct outreach sessions and workshops throughout the City to obtain public input. Efforts should be made to include landlords and property owners in the outreach sessions and to identify strategies to incentivize eviction prevention.
Respectfully,
Sandy Brllhart
.
a.1 12-04-2024 Item No. 11.a
Last Minute Agenda Information
Imperial Beach City Council
December 4, 2024
Agenda Item 11a
Subject: Rent Control, Housing Control and Cost Control The city once again has outside representatives wanting to interfere with the private property rights of individuals, such as myself and investment firms. This group wants free everything from the rich greedy landlords. That entire concept is wrong.
Let’s talk about fair and balanced help from the city that benefits good tenants and good landlords.
RENT CONTROL AND EVICTIONS
The city can create a VOLUNTARY partnership with housing providers that helps contain the tenant and housing provider cost. These can include Rent increases limited to 3.5% in exchange for: (Nonpayment of rents)
1) City maintained escrow account for any unpaid rent. If the tenants don’t pay the rent for ANY reason to the housing provider, then within three CALENDAR days the city must have received and have on deposit from the tenants the full amount of the month’s rent. This works like this: a) Landlord post a notice to pay rent or quit. Landlord includes a CITY PREPARED form that gives explicit instructions to either pay the landlord or put the full rent money and late fees paid in cash into the escrow account with the city. The city notifies the landlord they have this money. The landlord agrees to not file eviction action with the court for the month. If the rent is not paid to the city within three CALENDAR days and the city has been notified of the pending issue by the landlord then the city ordinance should allow for a default eviction of the tenant.
2) Once a landlord has filed for an eviction the city may not block or otherwise prevent it. The time for talking is over and the monies paid for lawyers and court filing fees, which could easily be several thousand dollars, would have to be paid to the landlord, along with any late rents before the eviction is cancelled. Tenant caused the problem; they need to pay to remedy the problem. 3) Tenants must disclose in writing to the city and the landlord what their arrangements are with the tenant’s lawyers. The city will learn than many lawyers are unethical with their practices and cause as much delay as possible and collect the monthly rent from the tenants for their fees. Let’s unmask this.
Understand that Landlords are not allowed to accept partial rent and keep and eviction enforced. Paying me on the 30th of the month after I have filed for an eviction loses me money. It adds to the games be played by bad tenants. This is abusive to the housing providers.
ANTI-HARASSMENT ORDNANCES
b.2 12-04-2024 Item No. 11.a
Last Minute Agenda Information
Some cities have implemented tenant anti-harassment ordnances. I find these highly objectionable.
Who is to say what or what isn’t harassment? It is subjective at best. What these types of laws do is drive up cost. Because people are now being forced to hire a lawyer to speak for them. Who is going to pay for that? The tenants do with higher rent increases.
More importantly, we have an existing court system and cities should not be involved between tenants and landlords. It’s too far reaching.
Asking, texting, calling, emailing to find out if the rent is going to be paid is all part of normal business.
So who is to decide what is too much, especially when the tenant is ghosting you? If I am expected to be available 24/7 to answer questions or address problems, so should the tenants.
Is it harassment when I have noise complaints and tell the tenants to knock it off or they will be out? Is it harassment to tell the tenant to get rid of the dog they just snuck in? Is it harassment to tell the tenant they can only park in the designated space? Is it harassment to tell the tenant no parking on the grass? Is it harassment to tell the tenant to bring in their trash cans per the city ordinance? Is it harassment for me, with proper 24 hour notice to inspect smoke alarms and look under sinks for leaks, mold or other problems? Is it harassment for me to not let tenants change the locks without my knowledge? Who defines harassment?
Landlords are saddled with a lot more things now days because the state and some misguided cities have made it much more difficult to do business. We need to make it easier.
HOUSING FOR FIXED INCOME AND LOW INCOME
None of what I have stated has addressed the sale of the large apartment complexes. How can we stop someone who is paying a large amount for the property, paying a large amount in property taxes, paying to make deferred repairs and property improvements and not increase the rents to pay this cost? That solution is city owned housing; not private party. Find funding and buy or build the housing. Placing the burden on private property owners is unfair.
Submitted by: Mark Williams
b.3 12-04-2024 Item No. 11.a
Last Minute Agenda Information
From: Gary Trieschman
To: Public Comments
Subject: 11.a DISCUSSION OF REGULATIONS FOR TENANT PROTECTIONS. (0660-95) Date: Wednesday, December 4, 2024 7:48:23 AM
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My family owns and rents residential and commercial properties in Imperial Beach.
I consider myself a Mom and Pop landlord. I also own and manage Pacific Realty and Paul McNally Realty both located in Imperial Beach where we manage rental homes and 2-4 units for other Mom and Pop owners.
I feel the State provides more than adequate protections to our tenants and we respect these laws. I see no reason for the City of Imperial Beach to move forward with considering additional regulations.
I take great pride in our duties to provide housing within our city. I and others have invested our savings to maintain housing to high standards. More regulations will increase cost to landlords and there are no city or state programs reducing insurance cost, property tax increases, business rental taxes and general maintenance just to name a few. The avenue that is being discussed would be a one way street that will not benefit all.
With regards,
Gary Trieschman
--
.
c.1 12-04-2024 Item No. 11.a
Last Minute Agenda Information
From: Melanie Woods
To: Public Comments
Subject: California Apartment Association - Comment on Agenda Item 11A Date: Wednesday, December 4, 2024 9:42:28 AM
Attachments: California Apartment Association - IB Tenant Protections Letter.pdf You don't often get email from [email protected]. Learn why this is important CAUTION: This email is from an External source. DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Attached please find our comment letter.
Melanie Woods Vice President, Local Public Affairs
California Apartment Association
[email protected] 619-219-5147
CAA Services: Events and EducationInsuranceTenant Screening .
d.1 12-04-2024 Item No. 11.a
Last Minute Agenda Information
December 4, 2024
Imperial Beach City Council
825 Imperial Beach Blvd
Imperial Beach, CA 91932
Dear Mayor Aguirre & Councilmembers:
RE: Item 11A – Discussion of Regulations for Tenant Protections The California Apartment Association (CAA) appreciates the opportunity to provide input as you discuss potential regulations on the city’s rental housing providers. CAA is the nation’s largest statewide association representing rental housing owner, operators and providers. CAA represents over 50,000 rental housing owners who provide homes for more than 1-million California families. As you consider new housing laws, we believe it is important to highlight the comprehensive tenant protections already in place under California, to ensure the Council has a complete understanding of the existing legal framework.
Recognizing the existing laws that already exist in California, CAA unequivocally opposes any efforts by Imperial Beach to impose new regulations that go beyond existing California laws. In addition, California voters overwhelmingly rejected a statewide measure, Proposition 33 on the November 2024 ballot, to allow for stricter rent control.
State law provides robust and balanced protections through the California Tenant Protection Act of 2019 (the TPA), still the most robust statewide renter protection law in the nation. This law establishes "just cause" eviction protections, which ensure tenants can only be evicted for enumerated reasons such as nonpayment of rent or material lease violations. It also ensures that renters receive relocation assistance if they are asked to move so the owner can renovate, sell, or remove the unit from the market. These provisions offer strong tenant protections while balancing the rights and responsibilities of rental housing providers.
In addition to these protections, state law recognizes the importance of maintaining and improving the quality of housing. Provisions within the TPA allow housing providers to undertake substantial remodels of their units when necessary. These remodels, which must be significant enough that they cannot reasonably be completed with tenants in residence, help ensure the long-term safety, habitability, and sustainability of housing stock. To protect tenants during this process, the law requires proper notice and d.2 12-04-2024 Item No. 11.a
Last Minute Agenda Information
relocation assistance. This approach enables necessary property improvements while supporting tenant stability.
California’s anti-harassment laws further safeguard tenants by prohibiting landlords from engaging in conduct designed to intimidate or pressure tenants into leaving their units. This includes actions such as unlawfully entering the property, shutting off utilities, or issuing repeated baseless eviction threats.
Violations of these laws carry significant penalties, ensuring that tenants are protected from harmful or coercive behavior.
We encourage the Imperial Beach City Council to consider the comprehensive protections already enacted under state law as you evaluate potentially new regulations on rental housing providers. The existing framework provides a balanced approach that safeguards tenant rights while allowing for the responsible operation and improvement of rental housing.
Thank you for your consideration, and please do not hesitate to reach out if we can provide additional information or support as you deliberate on these important issues.
Sincerely,
Melanie Woods
Vice President, Local Public Affairs
California Apartment Association
[email protected]
d.3 12-04-2024 Item No. 11.a
Last Minute Agenda Information
RESOLUTION NO. 2024-0868
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AUTHORIZING THE RECEIPT OF HOUSING ACCELERATION PROGRAM (HAP) CYCLE 2
FUNDS, APPROVING BUDGET ADJUSTMENTS, AND ENTERING INTO A PROFESSIONAL SERVICES AGREEMENT WITH CITYTHINKERS, INC. TO DEVELOP A 13TH STREET CORRIDOR IMPROVEMENT PLAN FOR THE CITY OF IMPERIAL BEACH. ADDITIONALLY,
THE RESOLUTION APPROVES AN AMENDMENT TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF, INC.
WHEREAS, the San Diego Association of Governments (SANDAG) released the Housing Acceleration Program (HAP) call for projects in May of 2023, for approximately $16 million in grants; and
WHEREAS, City staff submitted a full proposal for and was awarded the full award amount of $650,000 to fund an Imperial Beach Housing Acceleration and Support Program, which included $335,000 for the development of the Imperial Beach 13th Street Corridor Improvement Plan; and
WHEREAS, after a Request for Proposals/Qualifications was issued in accordance with Imperial Beach Municipal Code section 3.04.160, the City’s Selection Committee considered four (4) proposals from qualified consultants to develop the 13th Street Corridor Improvement Plan; and
WHEREAS, the City recognizes that development of the Imperial Beach 13th Street Corridor Improvement Plan requires specialized knowledge of the City of Imperial Beach’s community, policies, and urban form; and
WHEREAS, the City of Imperial Beach finds Citythinkers, Inc. has met the criteria of the RFQ/P, has experience with affordable housing design, land use policy and planning, urban design, zoning, and community outreach, among other disciplines, making Citythinkers, Inc. uniquely qualified among the consultants to have submitted proposals for the development of the Imperial Beach 13th Street Corridor Improvement Plan; and WHEREAS, the City Council finds that the award of this contract is not a project as defined by the CEQA Guidelines Section 15378.
WHEREAS, the City desires to employ the services of a consultant, 4Leaf, Inc., to provide professional consultant services for the Community Development Department; and WHEREAS, the City has a pre-existing contract with 4Leaf, Inc. for consultant services; and
WHEREAS, the consultant is an experienced and professional firm and has represented that consultant possesses the necessary qualifications to provide such services; and WHEREAS, the City seeks an amendment to the Professional Services Agreement for a not to exceed amount of $315,000; and
a.1 12-04-2024 Item No. 11.c
Las Minunte Agenda Information
NOW, THEREFORE, be it resolved by City Council of the City of Imperial Beach as follows:
1. The above recitals are true and correct.
2. The City Manager or designee is authorized to enter into, execute, and deliver a Standard Agreement for the amount of $650,000, and any and all documents required or deemed necessary or appropriate to evidence and secure the Housing Acceleration Program (HAP) Cycle 2 grant, the City of Imperial Beach’s obligations related thereto, and all amendments thereto (collectively, the “HAP Grant Documents”).
3. The City shall be subject to the terms and conditions as specified in the Standard Agreement and any applicable grant guidelines published by the HAP grant. Funds are to be used for allowable expenditures as specifically identified in the Standard Agreement.
The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application will be enforceable through the executed Standard Agreement. The City Council hereby agrees to use the funds for eligible uses in the manner presented in the application as approved by the HAP and in accordance with the Standard Agreement.
4. The City Manager or designee is authorized to accept the Housing Acceleration Program (HAP) Cycle 2 grant funds from the San Diego Association of Governments (SANDAG) in the amount of six hundred and fifty thousand dollars ($650,000) to fund an Imperial Beach Housing Acceleration and Support Program.
5. The City Manager or designee is authorized to enter into and execute a professional services agreement with Citythinkers, Inc. to develop the Imperial Beach 13th Street Corridor Improvement Plan for an amount not to exceed $335,000.
6. The City Manager or designee is authorized to increase the amount of a pre-existing contract with 4Leaf, Inc. for an amount not to exceed $315,000
7. The Finance Director is authorized to increase expenditures in account 214-1230- 413.2006 (Professional Services) in the amount of $650,000 using project number GRT091 and increase revenues in account 214-0000-334.4001 (State of CA Grants) in the amount of $650,000 (for the HAP Grant).
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 4th day of December 2024, by the following roll call vote:
AYES: COUNCILMEMBERS: LEYBA-GONZALEZ, FISHER, SEABURY, MCKAY,
AGUIRRE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
PALOMA AGUIRRE, MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
a.2 12-04-2024 Item No. 11.c
Las Minunte Agenda Information
2025 CITY OF IMPERIAL BEACH Attachment 1
CITY COUNCIL REPRESENTATION ASSIGNMENTS
To be considered by City Council on 12/04/2024 Page 2 of 2 SANDAG – SHORELINE PRESERVATION WORKING GROUP:
To advise SANDAG on issues related to the adopted Shoreline Preservation Strategy and opportunities for beach replenishment.
Primary – Councilmember McKayMayor Pro Tem Seabury*
1st Alternate – Mayor AguirreVacant
Contact: Courtney Becker
(619) 699-6942
[email protected]
Location: 401 B Street, Ste. 800
San Diego, CA 92101
Meetings: Generally, meets quarterly on the first Thursday of the month from 11:30 a.m. to 1:30 p.m.
CHAMBER OF COMMERCE LIAISON:
Primary – Mayor Aguirre
1st Alternate – Mayor Pro Tem Seabury*
Contact: Martin Mattes, President
[email protected]
Location: 925 Seacoast Drive
Imperial Beach, CA 91932
Meetings: 4th Tuesday of each month at 6:00 p.m. except November & December
METRO WASTEWATER COMMISSION/JPA:
Oversees the sewage system for the San Diego area and makes decisions regarding financial expenditures relating to the sewage system. Representative also serves on SANDIST (San Diego Area Wastewater Management District).
Primary – Councilmember McKay
Alternate – Councilmember Fisher
Contact: Lori Anne Peoples, Secretary to Metro JPA
(619) 548-2934 (cell) [email protected]
Location: 9192 Topaz Way (PUD MOC II) Auditorium, San
Diego, CA Mailing address P.O. Box 1072,
National City, CA 91951
Meetings: 1st Thursday of each month 12:00 p.m. - 1:30 p.m. $158166/meeting
JOB CORPS LIAISON: Community Relations Council
Primary – Councilmember Leyba-Gonzalez
Alternate – Councilmember Fisher
Contact: Brian Fischbach Reyna Delgadillo, Center
Director
(619) 429-2300
[email protected]
[email protected]
Location: 1325 Iris Ave., Building 60
Imperial Beach, CA 91932
Meetings: Once every quarter (notified in advance) at 11:30 a.m.
SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL (SCEDC):
To encourage private investment in the South San Diego County region as well as to promote the cultural, educational, social, and geographic opportunities of the area.
Primary – Mayor Aguirre
1st Alternate – Mayor Pro Tem Seabury*
Contact: James O'Callaghan, President & CEO
(619) 424-5143
[email protected]
South County Economic Development Council
710 E. 16th Street #472
National City, CA 91951
Location: Pacific Southwest Association of Realtors 880 Canarios Ct.. #100
Chula Vista, CA 91910
Meetings: 1st Tuesday of each month
Networking - 7:30 a.m., Meeting – 8:00 a.m.
SAN DIEGO COMMUNITY POWER JPA:
To purchase power for the JPA communities that is price competitive and with a larger percentage of the power generated from renewable resource.
Primary – Mayor Aguirre
1st Alternate – Councilmember Fisher
Contact: Maricela (Mari) Hernandez, Clerk of the Board
(619) 732-0035
[email protected]
PO Box 12716
San Diego, CA 92112
Location: Don L. Nay Port Administration Boardroom
3165 Pacific Highway
San Diego, CA 92101
Meetings: 4th Thursday of every month at 5:00 p.m.
$150 Board meeting/$150 Finance & Risk
Management meetings
Cannabis Regulations Ad Hoc Sub-Committee
Councilmember Leyba Gonzalez
Mayor Pro Tem Seabury*
*City Council to consider Mayor Pro Tem Rotation at
their meeting of 12/17/24
a.1 12-04-2024 Item No. 11.d
Last Minute Agenda Information