CITY OF IMPERIAL BEACH CITY COUNCIL REGULAR MEETING MINUTES April 17, 2024, 6:00 p.m. Council Chambers 825 Imperial Beach Boulevard Imperial Beach, CA 91932  Present: Absent: Staff:  Mayor Pro Tem McKay, Councimember Seabury, Councimember  Fisher, Councilmember LeyDa-Gonzalez  Mayor Aguirre  City Manager Foltz, Chief Administrative Officer Cortez-Martinez, City Attorney Lyon, City Clerk Kelly, City Panner/Management Associate Ayala, Environmental Program Specialist II Arellano  The City Council also sits as the Imperial Beach Planning Commission, Public Financing Authority, and Imperial Beach Redevelopment Agency Successor Agency.  1. 2. 3. 4.  CALL TO ORDER ROLL CALL City Clerk Kelly took roll. PLEDGE OF ALLEGIANCE  Mayor Pro Tem McKay called the Regular Meeting to order at 6:00 p.m.  Environmental Program Specialist IIA Arellano led the Pledge of Allegiance. REIMBURSEMENT DISCLOSURES/REPORTS ON ASSIGNMENTS AND  COMMITTEES  Councimember LeyDa-Gonzalez  SANDAG Board of Directors meeting  Announced the 3rd Annual Career Fair will be held at Mar Vista High School on  May 1st. Councimember Fisher  SANDAG Board of Directors meeting on September 22, 2024 in Imperial Beach  Attended the San Diego Air Cooled weekly meeting; This year's event will be held Announced the Least Terns are coming back and the Yellow Euryops are blooming  Councimember Seabury  San Diego Division of the League of CA Cities meeting CalTrans Highway Workers Memorial  1    Mayor Pro Tem McKay Committee  Metro Wastewater JPA meeting; announced his appointment to the Finance Sub  San Diego Division of the League of CA Cities meeting  5.  COMMUNIÇATIONS FROM CITY STAFF City Manager Foltz announced:  MTS will be moving the 227 Bus Route from 3rd Street to 9th Street The Multiuse Field at Veterans Park has been completed and the grand opening Mayor Aguirre is unable to be at tonight's meeting because she is in Washington, D.C., where she spoke to Congress today on water quality issues. The intent was to have the full City Council in attendance to hear the presentation on Item No. 7.d. (Sheriff's Department Update). Without dissension of the City Council, the item will be move to the May 1, 2024 City Council meeting.  iso on April 29 at 3:30 p.m.  6.  PUBLIC COMMENT  Nicolia Ortega, Imperial Beach Library Branch Manager, announced the upcoming Dia de David Nearing thanked everyone for their efforts in getting the bus route off of 3rd Street Josie Hamada spoke about the new restaurant, Mango Mania, located on 13th Street, who is raising money to support the young man that was killed. She announced the Woman's Club is holding their Annual Spring Fling Luncheon at Camp Surf YMCAO on May 5th. She expressed concern about negative postings on IB social media and encouraged everyone to come together, to build up IB, and post good things about IB. Martin Mattes gave an update on Chamber of Commerce activities.  los Ninos Children's Day event will be held on April 27,2 2024. and expressed concern about the double buses.  7.  PRESENTATIONS  7.a PROCLAMATION RECOGNIZING SAN DIEGO COUNTY FAIR DAY. (0410-30)  Motion by Councimember Seabury Seconded by Councimember Fisher To approve the Proclamation.  AYES (4): Mayor Pro Tem McKay, Councilmember Seabury, Councimember  Fisher, and Councilmember Leyba-Gonzalez ABSENT (1): Mayor Aguirre  Motion Carried (4 to 0)  Mayor Pro Tem McKay read the proclamation and presented it to Tristan Hallman,  Chief Communications Officer for the San Diego County Fair. Tristin Hallman spoke about the upcoming San Diego County Fair.  2    7.b PRESENTATION ON SB 1178 BY STATE SENATOR PADILLA'S OFFICE.  (0460-20)  Thomas Lawton, District Representative with the Office of Senator Steve Padilla  gave a PowerPoint presentation on Item Nos. 7.b and 7.c.  7.c PRESENTATION ON SB 1208 BY STATE SENATOR PADILLA'S OFFICE.  (0460-20)  Karl Bradley spoke in opposition to SB 1208.  In response to Councimember Fisher's questions and concerns about SB 1178 and the ability to go after polluters, what thet fine amounts will be, the effectiveness of this legislation, and criminal impacts, Mr. Lawton stated he would get back with Councimember Fisher stated that he preferred legislation with criminal impacts, he supported public humiliation for the businesses that do bad things continuously for profit and would like to see more detail on how the legislation works. Councilmember Seabury expressed concern about the trash that is flowing from Mr. Lawton explained that the SB 1178 specifically addresses reporting of wastewater discharges and SB 1208 aims to prevent construction of a landfill that Mayor Pro Tem McKay stated City Council needs more information and they will not be taking any action this evening other than receiving the reports and filing them. He asked City staff to communicate with Mr. Lawton on questions that were 7.d SHERIFF'S DEPARTMENT UPDATE BY SHERIFF'S LT. AL GATHINGS. (0260-  more information.  Mexico northbound into the U.S.  can contribute to the trash that we are receiving from Mexico.  raised. 80)  Item moved to the May 1, 2024 City Council meeting.  8.  CONSENT CALENDAR No public comments. Motion by Councilmember Fisher Seconded by Councilmember Seabury  To approve Consent Calendar Item Nos. 8.a through 8.i.  AYES (4): Mayor Pro Tem McKay, Councimember Seabury, Councimember  Fisher, and Councilmember Leyba-Gonzalez ABSENT (1): Mayor Aguirre  Motion Carried (4 to 0)  3    8.a RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM MARCH  23, 2024 TO APRIL 5, 2024. (0300-25)  City Council ratified and filed the Warrant Register Report.  8.b RESOLUTION NO. 2024-019 AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SUBSCRIPTION. AGREEMENT WITH ESCRIBE FOR MEETING AND AGENDA AUTOMATION SOFTWARE AND LIVESTREAMING OF CITY COUNCIL MEETINGS. (0180-20) Adopted Resolution No. 2024-019 authorizing the City Manager to negotiate and execute a Subscription Agreement with eSCRIBE for meeting and agenda automation software and livestreaming of City Council meetings. 8.c APPROVAL OF RESOLUTION NO. 2024-021 TO APPOINT SPECIAL COUNSEL TO ASSIST THE CITY WITH THE 2024 ELECTION CYCLE AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A LEGAL SERVICES  AGREEMENT. (0430-40 & 0440-30) Approved Resolution No. 2024-021. RECREATION COMMITTEE. (0120-80)  8.d EXTENSION OF TERMS OF OFFICE FOR MEMBERS ON THE PARKS AND  City Council, by majority vote, took action to extend the terms of office for Parks and Recreation Committee Members Veronica Archer and Karl Bradley to 8.e ADOPTION OF RESOLUTION NO. 2024-022 AUTHORIZING THE CITY MANAGER TO RENEW THE AGREEMENT WITH SOUTHWESTERN COMMUNITY COLLEGE TO CONTINUE THE FIRE-RESCUE TRAINING The City Council adopted Resolution No. 2024-022 authorizing the City Manager tor renew the agreement with Southwestern Community College to continue the 8.f ADOPTION OF RESOLUTION NUMBER 2024-023 ACCEPTING THE 2022 STATE HOMELAND SECURITY GRANT (SHSG) ALLOCATION OF $17,453 IN THE FORM OF REIMBURSEMENT FOR THE PURCHASE OF SIX VHF AND ONE 800 MEGAHERTZ (MHZ) PORTABLE RADIOS. (0390-86 & 0800-30) The City Council adopted Resolution No. 2024-023 accepting the State Homeland Security Grant allocation of $17,453 in the form of reimbursement fori the purchase 8.g RESOLUTION NO. 2024-024 APPROVING THE FOURTH AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT FOR THE METRO WASTEWATER JOINT POWERS AUTHORITY TO AMEND SECTION 3.02 AND Adopted Resolution No. 2024-024 approving the fourth amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority  December 31, 2024.  PROGRAM. (0250-63) Fire Training Program.  of six VHF and one 800 MHz portable radios.  SECTION 3.05 OF THE AGREEMENT. (0830-05)  toAmend Section 3.02 and Section 3.05 of the Agreement.  4    8.h CONSIDER APPROVAL OF SPECIAL EVENT PERMIT APPLICATION FOR USE OF PIER PLAZA FOR THE ANNUAL POW WOW BY THE SEA EVENT. Approved a special event permit requested from the One World Bridge event applicant to activate Pier Plaza as an event venue for their 2024A Annual Pow Wow on the Sea Event on Saturday, June 15,and Sunday, June 16, 2024. 8.i RESOLUTION NO. 2024-026 ADDING THE FY24 DEMPSEY CENTER HVAC PROJECT TO THE CAPITAL IMPROVEMENT PROGRAM; APPROPRIATE $275,0001 TOTHE PROJECT BUDGET; AND AWARD A CONTRACT TOTRANE TECHNOLOGIES FOR CONSTRUCTION OF THE PROJECT. (0910-20) Adopted Resolution No. 2024-026 to: (1) add the FY24 Dempsey Center HVAC Project (F24102) to the Imperial Beach Capital Improvement Program; (2) authorize the appropriation of $275,000 to the Project budget; and (3) award a Public Works contract for a not to exceed amount of $275,000 to Trane  (1040-10)  Technologies to construct the Project. ORDINANCESANTRODUCTION & FIRST READING  9.  None. 10. PUBLIC HEARINGS None. 11. REPORTS  11.a RESOLUTION 2024-027 DENOUNCING ANY MODIFICATIONS TO THE MATERNITY WARD OR LABOR AND DELIVERY MEDICAL SERVICES AT  SCRIPPS MERCY HOSPITAL CHULA VISTA. (0240-20)  City Manager Foltz introduced the item.  Dr. Teah Caine Flores, family physician, Julie Schwab, CFO for IB Community Clinic, and Juliana Gonzalez, Scripps Labor and Delivery nurse, gave a PowerPoint presentation on the item. They asked the City Council for two things: Write a letter against or and reach out to the Scripps directorship against the closure of the maternity ward and support keeping it open and Raise concern regarding the closure and insufficient maternity services in the South Bay region to SANDAG or the San Diego County Board of Dr. Samantha Bodiford, family practice physician, expressed concern about the Dr. Smith expressed concern about the closure of the maternity ward. Written correspondence in support of the resolution was submitted by Sandra Councimember Fisher spoke in support of the item and he supported sending a letter to the County Board of Supervisors rather than sending one to SANDAG.  Supervisors, whichever one is more appropriate.  closure of the labor and delivery center.  Brillhart.  5    Mayor Pro Tem McKay spoke in support of the item. He entertained a motion to approve the resolution and suggested City staff potentially look at a letter or  conversation with the Board of Supervisors about this matter.  Motion by Councimember Fisher Seconded by Councimember Seabury To adopt Resolution No. 2024-027.  AYES (4): Mayor Pro Tem McKay, Councilmember Seabury, Councimember  Fisher, and Councimember Leyba-Gonzalez ABSENT (1): Mayor Aguirre  Motion Carried (41 to0)  11.b RESOLUTION NO. 2024-025 APPROVING EIGHTH AMENDMENT TO AGREEMENT BETWEEN THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM (MTS) AND THE CITY OF IMPERIAL BEACH FOR ADMINISTRATION OF FOR-HIRE VEHICLE REGULATIONS. (0680-70 & 0680-75) City Planner/Management Associate Ayala gave a PowerPoint presentation.  Maria Stawarz did not speak, indicated opposition. Jarrod Caswell spoke in opposition to the item. Martin Mattes spoke in support for Mr. Caswell's business.  Councimember Leyba-Gonzalez spoke in support for IB Shuffling and wants to do  what can be done to support it.  Councilmember Seabury spoke in support for IB Shuffling.  Councilmember Fisher commented that there is agreement that IB Shuffling has been a benefit to the community, however, the item before City Council is the agreement between the City of Imperial Beach and MTS. He noted that the agreement goes back to 1990 and there have been a lot of changes since 1990 and since the 7th amendment was signed. He noted that the agreement covers a Leonardo F. Fewell, For-Hire Vehicle Administration Manager with MTS, responded to questions of City Council stating there are no for-hire or taxi companies domiciled in IB, however, taxi companies that are permitted by MTS Councimember Fisher wanted MTS to understand the importance of working together as partners and addressing the needs of the community. He also stated that driving an electric shuttle is not the same as driving a vehicle andi thei insurance  lot of safety issues and staff time.  can provide services for Imperial Beach.  costs need to be addressed to reflect this.  6    Mr. Fewell noted that the biggest cost for operators is insurance. This burden is placed on any operator and insurance is required for public liability. He emphasized that the costs are beyond MTS' control and that the premiums are City Manager Foltz stated the agreement can be terminated as stated in the agreement and whether it can be amended would be a discussion ini itself. Mayor Pro Tem McKay spoke about working with MTS on moving forward with something different than what has been in place for 351 to 40 years. He challenged the MTS representative to take this information back to the MTS board, to look for Mr. Fewell noted that regarding IB Shuffling, if there is no compensation either directly, through tips, or through sponsorships, then MTS wouldn't have any oversight. The City can always decide to allow IB Shuffling to continue working. But when compensation is identified, MTS would provide enforcement.  going up across the state.  solutions, and see if there could be a meeting in the middle.  Motion by Councilmember Fisher Seconded by Councimember Seabury  To adopt Resolution No. 2024-025 approving an eighth amendment to an Agreement for the administration of For-Hire Vehicle Regulations between San Diego Metropolitan Transit System (MTS) and the City of Imperial Beach and  authorize the City Manager to execute the agreement. AYES (2): Mayor Pro Tem McKay, and Councimember Fisher NOES (1): Councimember Seabury ABSTAINED (1): Councimember LeyDa-Gonzalez ABSENT (1): Mayor Aguirre  Motion Failed (2to1)  City Attorney Lyon clarified that the motion failed to obtain a majority vote of the City Council, as required by State law and pursuant to Imperial Beach Municipal Code 2.12.100, the item will automatically get added to the next agenda because 11.c RESOLUTION 2024-020 REÇOGNIZING APRIL AS "EARTH MONTH" IN THE  one Council member was absent tonight. CITY OF IMPERIAL BEACH. (0230-40)  Environmental Program Specialist II Arellano gave a PowerPoint presentation. Councimember Leyba-Gonzalez shared positive comments about EDCO's  No public comments.  participation in the Homefront Cleanup event.  7    Councimember Fisher commented that as everyone is celebrating Earth Day, Imperial Beach continues to sit in pollution. He is hopeful that those who received the Mayor's presentation today in Washington, D.C., will help the City. Mayor Pro Tem McKay commented that the beaches have been closed for over 860 days and it is both ironic and tragic thati there is a perceived need to clean the beaches. Hei further statedi that he agrees with Councilmember Fisher's sentiments that this is a National Day of celebration yet in Imperial Beach the celebration comes at a cost. He also stated that he appreciates that Mayor Aguirre was able to spend more time in Washington, D.C., to advocate on the City's behalf for funding to address the sewage issue. He further stated that at some point ini time, mitigation of the damage to the Tijuana River Valley will need tol be addressed.  Motion by Councilmember Fisher Seconded by Councimember LeyDa-Gonzalez  To adopt Resolution No. 2024-020torecognize the month of April as "Earth Month" AYES (4): Mayor Pro Tem McKay, Councimember Seabury, Councilmember  in the City of Imperial Beach.  Fisher, and Councimember LeyDa-Gonzalez ABSENT (1): Mayor Aguirre  Motion Carried (4 to 0)  12. I.B. REDEVELOPMENT AGENCY SUCCESSOR AGENCY REPORTS  None. None. None.  13. ITEMS PULLED FROM THE CONSENT CALENDAR 14. CITY COUNCIL FUTURE AGENDA! REQUESTS  15. ADJOURN REGULAR MEETING  Mayor Pro Tem McKay adjourned the Regular Meeting at 8:22 p.m.  Jacqueline M. Kelly, MMC City Glerk  MitchMcKay Mayor Pro Tem  8