CITY OF IMPERIAL BEACH CITY COUNCIL REGULAR MEETING MINUTES June 5, 2024, 6:00 p.m. Council Chambers 825 Imperial Beach Boulevard Imperial Beach, CA 91932 Present: Staff: Mayor Aguirre, Councimember LeyDa-Gonzalez, Mayor Pro Tem McKay, Councimember Seabury, Councimember Fisher City Manager Foltz, Chief Administrative Officer Cortez-Martinez, City Attorney Lyon, City Clerk Kelly, Fire Chief French, IT Manager Santos, Finance Director Flyte, Parks and Recreation Director Shannon Bullock 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 Aguirre called the Regular and Closed Session Meetings to order at 6:00 p.m. Fire Chief French led the Pledge of Allegiance. REIMBURSEMENT DISCLOSURES/REPORTS ON ASSIGNMENTS AND COMMITTEES Councimember LeyDa-Gonzalez Farmer's Market MTS Board of Directors Meeting SANDAG Board of Directors Meeting Memorial Day Ceremony City Council Workshop Start of Summer event at Ye Olde Plank Inn SANDAG Board of Directors meeting Memorial Day Service Councimember Fisher 1 Councimember Seabury Farmer's Market IB Chamber of Commerce Memorial Day Ceremony IB Chamber Board Meeting City Council Sea Level Rise Workshop Start of Summer event at' Ye Olde Plank Inn Garden of Innocence 25lh Anniversary South County Economic Development Council meeting Mayor's Press Conference South Bay Kiwanis Club meeting Raising of the Pride Flag City Council Sea Level Workshop Memorial Day Ceremony Memorial Day Service Councilmember McKay Mayor Aguirre Thanked presenters who participated in the Sea Level Rise Workshop San Diego Community Power Board of Directors meeting South County Economic Development Council meeting Announced. Assemblymember David Alvarez's Woman of the Yeari is Josie Hamada Announced the Join-on Letter by all 18 Mayors for a renewed call to the Governor to call Board of Supervisors Meeting to comment in opposition to the Gateway project Encouraged the public to attend the June 25 Board of Supervisors meeting to provide Fentanyl Forum aState of Emergency input as it relates to pubic health protection COMMUNICATIONS FROM CITY STAFF 5. Parks and Recreation Director Bullock announced Art int the Park on June 8. City Manager Foltz recommended City Council move Item 11.c to a future meeting. Motion by Councimember Fisher Seconded by Councilmember Seabury To move Item 11.c to a future meeting. AYES (5): Mayor Aguirre, Councimember Leyba-Gonzalez, Mayor Pro Tem McKay, Councimember Seabury, and Councimember Fisher Motion Carried (5 too 0) 6. PUBLIC COMMENT Martin Mattes gave an update on Chamber of Commerce of Activities and thanked Director Bullock for her assistance on the Ye Olde Plank Inn event. 2 Peter Honan spoke about the music studio/recording room that used to be at the Sports Park Facility, asked that City Council consider repairing the Adult Education Center roof, and suggested Brenda Bautista, John Monte, Robert Lucas and Clarissa Esparza thanked Mayor Pro Tem McKay for attending the meeting with Sussex Gardens management, spoke about roof construction concerns and requested stronger protection against rent control and no-fault evictions. J.P. Cruz stated that he has insight on beach communities and said that he would like to see having a makerspace in Imperial Beach. which direction Imperial Beach is going. 7. PRESENTATIONS 7.a PROCLAMATION RECOGNIZING MEN'S HEALTH WEEK - JUNE 10-16, 2024. (0410- 30) information. Mayor Aguirre announced a revised proclamation was submitted as Last Minute Agenda Motion by Councimember Fisher Seconded by Mayor Aguirre To approve the Proclamation. AYES (5): Mayor Aguirre, Mayor Pro Tem McKay, Councilmember Seabury, Councilmember Fisher, and Councimember Leyba-Gonzalez Motion Carried (51 to0) Councimember Fisher read the proclamation. He announced that he, Martin Mattes, and John Haythe will be at the upcoming June 15 Farmer's Market to discuss Men's Mental Health. No public comments. Councilmember Seabury spoke in support of men seeking help. Mayor Pro Tem McKay and Mayor Aguirre commended Councimember Fisher for bringing 7.b PROCLAMATION RECOGNIZING LGBTQIA + PRIDE MONTH- JUNE 2024. (0410- the item forward. 30) Councimember Seabury left Council Chambers at 6:51 p.m. and returned at 6:54 p.m. Motion by Mayor Pro Tem McKay Seconded by Councimember Fisher To approve the Proclamation. 3 AYES (4): Mayor Aguirre, Mayor Pro Tem McKay, Councimember Fisher, and Councimember Leyba-Gonzalez ABSENT (1): Councimember Seabury Mayor Aguirre read the proclamation. Motion Carried (4to0) Written comment in support of the item submitted by Sandra Brillhart. Patty Bowman spoke in support of the item. Councimember Fisher and Mayor Aguirre expressed their appreciation and support of the item. CONSENT CALENDAR 8. Rebecca Garcia Vado asked City Council to remove Item 8.g from the Consent calendar, expressing concern on if this item is a good idea for the City. Allen Wiseley spoke in opposition to Item 8.g. Mayor Pro Tem McKay asked that Item 8.g. to be pulled for discussion at ai future meeting. City Manager Foltz stated that additional research can be done and the item can be looked into further. Motion by Mayor Aguirre Seconded by Mayor Pro Tem McKay To remove Item 8.g from the Consent Calendar. AYES (5): Mayor Aguirre, Mayor Pro Tem McKay, Councimember Seabury, Councimember Fisher, and Councimember Leyba-Gonzalez Motion Carried (5 to0) Motion by Mayor Aguirre Seconded by Mayor Pro Tem McKay To approve Consent Calendar Item Nos. 8.a through 8.f and Item No. 8.h. AYES (5): Mayor Aguirre, Mayor Pro Tem McKay, Councilmember Seabury, Councimember Fisher, and Councimember LeyDa-Gonzalez Motion Carried (5 to0) 4 Motion by Mayor Pro Tem McKay Seconded by Councimember Seabury To trail Item No. 8.g. toi the next City Council meeting with a report from staff. AYES (5): Mayor Aguirre, Mayor Pro Tem McKay, Councimember Seabury, Councilmember Fisher, and Councimember LeyDa-Gonzalez, Motion Carried (5to0) 8.a RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM MAY 4, 2024, TO MAY 24, 2024. (0300-25) City Council ratified and filed the Warrant Register Report. 8.b RECEIVE TREASURER'S REPORT FOR APRIL 2024 (0300-90). City Council received and filed the April 2024 Treasurer's Report. 8.c RESOLUTION NO. 2024-043 ADOPTING THE GANN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-25. (0300-95) Fiscal Year 2024-25. City Council adopted Resolution No. 2024-043 adopting the Gann A Appropriations Limit for 8.d RESOLUTION NO. 2024-044 CONTINUING THE PROCLAMATION OF A STATE OF LOCAL EMERGENCY RELATING TO IMPACTS FROM CROSS-BORDER POLLUTION City Council adopted Resolution No. 2024-044 to maintain a state of local emergency related toi 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. 8.e APPROVAL OF NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION RESOLUTION NOS. 2024-40, 2024-41, & 2024-42 TO COMMENCE THE ELECTION IN THE TIJUANA RIVER. (0150-40 & 0210-26) PROCESS. (0430-40) City Council adopted the following resolutions: 1. Resolution No. 2024-40 calling for the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain officers as required by the provisions of the laws of the State of California relating to General 2. Resolution No. 2024-41 requesting the Board of Supervisors of the County of San Diego to conduct and consolidate a General Municipal Election to be held on Tuesday, November 5, 2024, with the Statewide General Election to be held on Law Cities; the same date pursuant to $10403 of the Elections Code; and 5 3. Resolution No. 2024-42 adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an election to be held on Tuesday, November 5, 2024. 8.f RESOLUTION NO. 2024-037 OF THE CITY COUNCIL, AUTHORIZING THE CITY MANAGER TO AMEND AN AGREEMENT WITH 4LEAF, INC. (0710-05) to amend the Agreement for Professional Services with 4LEAF, Inc. City Council adopted Resolution No. 2024-037 authorizing the City Manager or designee 8.g WAKELAND HOUSING AND DEVELOPMENT CO.; TIME EXTENSION FOR CP-22- 0013; CUP-22-0013; DRC-22-0025; SPR-22-0026; & CEQA EXEMPTION 15332 FOR 50 AFFORDABLE SENIOR UNITS & NEIGHBORHOOD CENTER AT 455 PALM AVENUE (APN 625-230-23-00). USE22-0095/MF1467. (0600-20) Item trailed toi the next City Council meeting with a report from staff. 8.h RESOLUTION NO. 2024-039 APPROVING AND ADOPTING A SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE IMPERIAL BEACHFIREFIGHTERS/ASSOCIATION, LOCAL 4692. (0540-50) City Council adopted Resolution No. 2024-039, which approves and adopts the Side Letter ofA Agreement toi the MOU between the City and IBFA. ORDINANCES/ANTODUCTION & FIRST READING 9. None. 10. PUBLIC HEARINGS None. 11. REPORTS 11.a APPOINTMENTS TO THE VETERANS & MILITARY AFFAIRS COMMITTEE. (0120-95) Mayor Aguirre & Mayor Pro Tem expressed their gratefulness to everyone that applied for the Committee. Mayor Aguirre presented the names of the five committee members for appointment. Motion by Mayor Pro Tem McKay Seconded by Councimember Fisher staggered terms as follows: John Haythe Madeline Foley Frank Martin Thomas Pochedly Pan Phyu Toa approve the Mayor's appointments tot the Veterans & Military Affairs Committee to serve Two terms of office shall expire on December 31, 2027: Three terms of office shall expire on December 31, 2025: Motion Carried (5to0) 6 11.b INVESTMENT UPDATE PRESENTED BY CHANDLER ASSET MANAGEMENT. (0350-90) Finance Director Flyte introduced the item. Genny Lynkiewicz of Chandler Asset Management gave a PowerPoint Presentation. Inr response to Councimember Fisher's questions, Ms. Lynkiewicz stated that the City's portfolio is slightly higher than inflation at this time. She also stated that it is prohibited for Inre response to Councimember Seabury's question, Ms. Lynkiewicz stated that the City is the City to purchase certain fossil fuel investments. exempt from paying taxes on capital gains. City Council received and filed the investment update report. 11.c SUMMER SAFETY MEASURES IN IMPERIAL BEACH. (0220-05 & 0260-05) This item was moved to a future meeting by prior City Council action. 11.d RESOLUTION NO. 2024-045 AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH TPX COMMUNICATIONS FOR A COMPREHENSIVE NETWORK REFRESH. (0180-20) No public comments. ITManager Santos gave a PowerPoint presentation. Inr response to questions of City Council IT Manager Santos stated that this program is both software and hardware based; that the proposed project should not need another full refresh for at least seven years. The refresh will include every department except the Sheriff's Department; that they will be working on having other City staff members available as a backup in case of emergency and his absence. Chief Administrative Office Cortez-Martinez also stated that the City has /Detrsecunty/nsurance and they are working onr mitigation with the contractor. Motion by Councimember Seabury Seconded by Mayor Aguirre Toa approve Resolution No. 2024-045 authorizing the City Manager or designee to execute al Professional Services Agreement with TPx Communications for $186,065 and a $30,035 contingency toi the project (T24101) for a comprehensive network refresh. AYES (5): Mayor Aguirre, Mayor Pro Tem McKay, Councimember Seabury, Councimember Fisher, and Councimember LeyDa-Gonzalez, Motion Carried (5 to 0) 12. I.B. REDEVELOPMENT AGENCY SUCCESSOR AGENCY REPORTS 7 None. None. 13. ITEMS PULLED FROM THE CONSENT CALENDAR (IF ANY) 14. CITY COUNCIL FUTURE AGENDA REQUESTS Councimember Seabury suggested that City Council honor Pastor Douglas Jones with a Proclamation due to his upcoming retirement. Mayor Aguirre seconded the request. 15. ADJOURN REGULAR MEETING Mayor Aguirre adjourned the Regular Meeting at 7:57 p.m. 16. CLOSED SESSION Mayor Aguirre called the Closed Session meeting to order at 7:58 p.m. 16.a CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code section 54956.9(d)(1) Case No.: CJC-24-005310 16.b CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) Existing facts and circumstances pursuant to Government Code Section 54956.9(e)(1) City Attorney Lyon reported out of Closed Session that direction was given and no reportable (1c case) action was taken. 17. ADJOURN CLOSED SESSION Mayor Aguirre adjourned the Closed Session at 8:52 p.m. Jacqueline M. Kelly, MMÇ Clerk Paloma Aguirre Mayor 8