CITY OF IMPERIAL BEACH CITY COUNCIL REGULAR MEETING MINUTES January 17, 2024, 6:00 p.m. Council Chambers 825 Imperial Beach Boulevard Imperial Beach, CA 91932  Present: Staff  Mayor Aguirre, Mayor Pro Tem McKay, Councimember Seabury, Councimember Fisher, CouncimemberLeyba-Gonzalez City Manager Foltz, Chief Administrative Officer Cortez-Martinez, City Attorney Lyon, City Clerk Kelly, Community Development Director Openshaw, Parks and Recreation Director 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.  CALL CLOSED SESSION TO ORDER  Mayor Aguirre called the Closed Session meeting to order at 5:00 p.m.  ROLL CALL  All Councilmembers were present. CLOSED SESSION  3.a CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION  City Attorney reported City Council met in Closed Session on the one item listed on the  agenda. Direction was given and no reportable action was taken.  4. 5. 6.  ADJOURN CLOSED SESSION  Mayor Aguirre adjourned the Closed Session at 6:00 p.m. CALL REGULAR MEETING TO ORDER Mayor Aguirre called the Regular Meeting to order at 6:00 p.m.  ROLL CALL City Clerk Kelly took roll.  1    7. 8.  PLEDGE OF ALLEGIANCE  Commissioner Malcolm led the Pledge of Allegiance.  REIMBURSEMENT DISCLOSURES/REPORTS ON ASSIGNMENTS AND COMMITTEES  Councimember Fisher Councilmember Seabury  Thanked staff for the holiday decorations at Pier Plaza Pearl Harbor Memorial Ceremony at the pier State oft the City Address San Diego Division CAL Cities Meeting  City of San Diego Mayor Gloria's State of the City Address SANDAG Mobility Working Group Meeting South County Economic Development Council Meeting Pearl Harbor Memorial Ceremony at the pier. SANDAG Shoreline Preservation Working Group Meeting San Diego Division CAL Cities Virtual Meeting SANDAG Board of Trustees Meeting Port Commission Swearing in Ceremony tomorrow  Councimember McKay  Mayor Pro Tem LeyDa-Gonzalez Meeting with MTS  SANDAG Board of Trustee Meeting MTS Board Meeting tomorrow  4th Annual District 4 Clean-Up with EDCO on Saturday, January 20  Mayor Aguirre  Pearl Harbor Memorial Ceremony at the pier, she gave remarks, and laid the wreath  with Lt. Gathings  City of San Diego Mayor Gloria's State of the City Address Ground Breaking of the sewage treatment plant in Tijuana  2    South County Economic Development Council Meeting All Peoples Celebration in Honor Martin Luther King South County City Mayors Meeting COMMUNICATIONS FROM CITY STAFF  9.  City Manager Foltz invited Charles Bradshaw, Community Plans and Liaison Coordinator from Naval Base Coronado, to introduce himself. Mr. Bradshaw shared a few words about his role and Councimember Seabury asked if veterans can be housed at the property east of the Job Corps  that he will be the point of contact for the City.  property. 10. PUBLIC COMMENT  A written comment was submitted by Elsie Sleeter regarding the sewage crisis, contributions by Bill Weatherford with the Fleet Reserve Association thanked the Chamber of Commerce, Mayor Aguirre, Parks and Recreation, and Public Works for all the help they gave the Fleet Reserve and Veterans Associations and for their assistance with various events that took place last year. Josie Hamada thanked the Parks and Recreation Dept. for the holiday gift they received. She encouraged residents of Imperial Beach and others residing in Congressman Vargas' district to Jarrod Caswell requested additional public safety on Seacoast Drive at night and on the weekends, installation of a crosswalk signal at the intersection of 2nd Street and Imperial Beach Edward Brakmanis encouraged residents to use pesticides in moderation due to the effects on Leonard Gonzales, member of the Sun & Sea Festival, asked for City Council's support of the  unions and the Sandcastle event.  call into his office to show support for funding to address the sewage crisis.  Blvd, and having a glow in the dark bike trail. bugs, animals, and the environment.  event. 11. PRESENTATIONS  11.a PRESENTATION ON PORT DISTRICT ACTIVITIES BY PORT COMMISSIONER  MALCOLM. (0150-70)  Port Commissioner Malcolm gave a PowerPoint presentation about the Port of San Diego activities. In response to Councimember Seabury's questions about safety on the pier during the weekends and evenings, he stated the Port and Harbor Police are studying safety on the pier, street ends, Dunes Park and Pier Plaza and will come up with a plan. He responded to Councimember McKay's suggestion to proceed with the wing expansion without the overnang/canopy portion. The community and the City will be made aware of  the construction timeline in advance of the start of construction.  3    Councimember Fisher spoke in support oft the splashpad.  Mayor Aguirre said she is excited about the economic opportunity because of the Gaylord project. She recognized the Port of San Diego for supporting the call to declare a State of Emergency and for being a staunch supporter in the City's fight against pollution and support for clean water. She stated there is support for the splashpad, to revisit the design oft the pier and bring back renderings for City Council's direction. She requested the Port's support for holiday lighting of the pier, and said the community has expressed concern  about public safety and wanted the Port to look at it closely.  12. CONSENT CALENDAR  Mayor Aguirre called a recess at 7:03 p.m. and reconvened the meeting to Open Session at 7:04  p.m. with all Councimembers present. Motion by Councilmember Fisher Seconded by Mayor Pro Tem McKay  To approve Consent Calendar Item Nos. 12.a through 12.k. Councimember Seabury, and Councimember Fisher  AYES (5): Mayor Aguirre, Councilmember LeyDa-Gonzalez, Mayor Pro Tem McKay,  Motion Carried (5to0 0)  12.a CITY COUNCIL RECOGNITION OF THE ESTABLISHED POLICY ROTATING MAYOR  PRO TEMPORE DUTIES (0410-13).  City Council moved to confirm Councilmember Mitch McKay as Mayor Pro Tempore fora a one-year rotating term beginning the first Council meeting in January pursuant to City  Council Policy 2.2.  12.b APPROVAL OF CITY COUNCIL MEETING MINUTES.  The City Council approved the Special Meeting Minutes of November 15, 2023 and the 12.c RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM NOVEMBER 25,  Regular Meeting Minutes of November 15, 2023. 2023, TO JANUARY 5, 2024. (0300-25)  City Council ratified and filed the Warrant Register Report.  12.d RECEIVE TREASURER'S REPORT FOR NOVEMBER 2023. (0300-90) City Council received and filed the November 2023 Treasurer's Report. 12.e SECOND READING AND ADOPTION OF ORDINANCE NO. 2023-1240 ADDING CHAPTER 2.26 TO THE IMPERIAL BEACH MUNICIPAL CODE CREATING THE IMPERIAL BEACH VETERANS & MILITARY AFFAIRS COMMITTEE AND ESTABLISHING COMMITTEE DUTIES AND RESPONSIBILITIES. (0120-95)  4    City Council conducted the second reading and adoption of Ordinance No. 2023-1240,  amending the Municipal Code, by title only.  12.f SECOND READING AND ADOPTION OF ORDINANCE 2023-1241 AMENDING CHAPTERS 9.04, 12.56, AND 12.33 OF THE IMPERIAL BEACH MUNICIPAL CODE RELATED TO ALCOHOL PERMITS AT SPECIAL EVENTS AND FACILITY RENTALS. City Council conducted the second reading and adoption of Ordinance No. 2023-1241, 12.g RESOLUTION 2024-001 TO ACCEPT AND APPROPRIATE $50,000 IN OUT OF SCHOOL (OST) YOUTH MENTORING GRANT FUNDS FOR A YOUTH MENTORING PROGRAM IN IMPERIAL BEACH THROUGH THE PARKS, RECREATION AND Adopted Resolution 2024-001 to accept and appropriate $50,000 in Out of School Youth Mentoring Grant Program Funds through NRPA for a two-year youth mentoring program with the Parks, Recreation and Community Services Department. Authorize the City Manager or designee to executive al Memorandum of Understanding (MOU). 12.h RESOLUTION 2024-004 CONTINUING THE PROCLAMATION OF A STATE OF LOCAL EMERGENCY RELATING TO IMPACTS FROM CROSS-BORDER POLLUTION IN THE TIJUANA RIVER. (0150-40 & 0210-26)  (0920-95)  amending the Municipal Code, by title only.  COMMUNITY SERVICES (PRCS) DEPARTMENT (1020-05).  Adopted Resolution No. 2024-004 to maintain a state of local emergency related to 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. 12.i RESOLUTION 2024-005 AUTHORIZING THE CITY MANAGER TO SIGN THE FIFTH AMENDMENT TO THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM REGIONAL STORM WATER COPERMITTEE MEMORANDUM OF UNDERSTANDING. Adopted Resolution 2024-005 and authorize the City Manager to execute the Fifth Amendment tot the National Pollution Discharge Elimination System Regional Storm' Water  (0770-70)  Copermittee MOU.  12.j RESOLUTION 2024-003 AUTHORIZE CITY MANAGER TO ENTER INTO A  CONTRACT WITH WILLDAN ENERGY SOLUTIONS TO COMPLETE SERVICES FOR ENERGY MODERNIZATION EFFORTS AT CITY FACILITIES. (0230-20 & 0910-90) City Council approved Resolution 2024-003 authorizing the City Manager or designee to enter into a professional services agreement with Willdan Energy Solutions to complete  services for energy modernization efforts at city facilities.  12.k RESOLUTION NO. 2024-02, APPROVING AND ADOPTING A TENTATIVE AGREEMENT FOR A SUCCESSOR MEMORANDUM OF UNDERSTANDING  5    BETWEEN THE CITY OF IMPERIAL BEACH AND THE SERVICE EMPLOYEE Approved Resolution No. 2024-02 that would approve a tentative agreement (TA) for a successor Memorandum of Understanding between the City of Imperial Beach and Service Employees International Union (SEIU), Local 221 for a two-year period starting  INTERNATIONAL UNION (SEIU), LOCAL 221. (0540-50)  July 1, 2023, and ending on June 30, 2025.  13. ORDINANCES/INTODUCTION & FIRST READING  None. 14. PUBLIC HEARINGS None. 15. REPORTS  15.a SAN DIEGO METROPOLITAN TRANSIT SYSTEM RAPID ROUTE 227 UPDATE.  (0680-35)  Councilmember Leyba-Gonzalez returned at 7:05 p.m.  City Attorney Lyon recused herself from participating in this item due to a potential conflict  ofi interest with her law firm and left Council Chambers at 7:05 p.m. City Manager Foltz gave a PowerPoint Presentation.  Mayor Aguirre reiterated that the City Council heard from the community that they wanted this item on the December agenda but it wasn't added at the time because time was of the essence for the City to meet with MTS by the end of the year. This is why the item is Written public comments were submitted by Dave Nearing, Lennora & John Porcella and  on the agenda tonight. Sandra Brillhart. Oral public comments:  David Nearing thanked the City for their dedication to removing the buses off of 3rd Street and he questioned if the shelters with the flashing lights are going to remain in the same locations as proposed. He noted that the buses are always empty. He complained about the bus stop located at 3rd Street and IB Blvd. and asked that it be moved. Jarrod Caswell spoke in support of a call button for buses to pick up passengers. He suggested getting rid oft the buses route due to a lack of ridership. Erika Lowery spoke about the lack of ridership on the 227 bus route.  Robert Douthit questioned when the route will change and requested transparency ont the  ridership in Imperial Beach.  6    Brian Bilbray spoke about how bus route 227 is not justified and questioned if a marketing  study was done.  Randy Putland spoke in opposition to bus route 227.  Councimember LeyDa-Gonzalez stated that he, City Manager Foltz, and the Mayor met with Ms. Cooney and other staff from MTS where they requested information on the ridership. He said there is an MTS meeting tomorrow and spoke of the need to work this Councimember Fisher said that if this is moved to 9th Street, the buses will impact the residents on 9th Street. He encouraged residents to call in to the MTS meeting tomorrow Mayor Pro Tem McKay commented that there has been a lack of professional courtesy in that MTS has been asked multiple times to provide data. He further stated that there is no way to justify putting this impact on this community based on the ridership that does not exist. He wished that someone from the MTS Board would be in attendance tonight, said that the buses are needed when the high school kids ride them, and also said the buses can be redeployed in other parts oft the County where they are needed. Councimember Seabury said this bus route is taking away from the quality of life from the people in town and she agreed that the time the buses are needed is when the kids Beverly Neff, Senior Transportation Plannerv with MTS, spoke about preliminary data being available soon. She explained that there are three service change periods every year in January, June and September for routine schedule changes to adjusti in different ridership Mayor Aguirre stated that Boardmembers don'tt typically attend City Council meetings, that is what the City's representative is for. She encouraged members of the public to call into Ms. Neff explained that the flashing lights and lighting at the stations are still in the plans noting that they were approved by the MTS Board, they were important to transit riders, and permitted by the City of Imperial Beach. She responded to questions regarding how MTS is addressing concerns about security by increasing security measures, she explained why there was a bus that went east on Evergreen Ave., and that MTS will Councilmember Leyba-Gonzalez thanked Ms. Neff for attending the meeting and Mayor Aguirre encouraged MTS to do public outreach, she encouraged the public to sign up and speak at tomorrow's MTS Board meeting, said there are al lot of concerns, and she wants to make this right for the community while not precluding transit-dependent riders from being able to get from point a to point b. She further stated that this is the balance that the MTS Board has to maintain and decide on every time they meet.  out together.  to voice their concerns.  commute to school.  patterns and she explained the process for the changes.  the MTS meeting tomorrow to express concerns to the MTS Board.  increase public outreach within the City.  addressing questions.  7    City Attorney Lyon returned to the Council Chambers at 7:46 p.m.  15.b PROGRESS REPORT ON THE IMPERIAL BEACH COMMUNITY RESILIENCE PLAN.  (0600-20)  Councimember Seabury recused herself from discussion of the item due to the location Community Development Director Openshaw, Brian Leslie with GHD Inc., and Dennis Larson with Nexus Planning and Research, gave a PowerPoint presentation.  of her residence and left Council Chambers at 7:47 p.m.  Public Comment:  Brian Bilbray commented that if raising the minimum height that foundations can be is considered, then the maximum height that roofs can be should also be raised. He then spoke in support of having the river flow with returning sand to Imperial Beach. Copies of Councimember Fisher questioned the feasibility, spoke in support of having the sand come back as stated by Mr. Bilbray, and questioned the next steps. He spoke in support Director Openshaw spoke about obtaining community input, moving forward with grant funding for designs, and then getting construction funds. She and Mr. Leslie responded to questions regarding where the water would go along the proposed design of the estuary. City Manager Foltz commented that the Sea Level Rise Working Group, different coastal communities and the California Coastal Commission staff are looking at a neighborhood scale approach to addressing coastal issues which lends itself to different solutions in Mayor Aguirre spoke of the need to focus on areas of common ground, that the common goal is to make sure the community is safe, has amenities, and everyone can enjoy natural resources. She encouraged the City Council to focus on how they can bring the most benefit to the largest amount of people in Imperial Beach. She also stressed the need to address sand retention. We can't have a blanket solution for all the different cities along  Information were distributed to City Council.  ofi increasing the length oft the groin.  They also addressed questions about how to armor the street ends.  each area.  the coast because all the cities are different.  Discussion ensured regarding projects that would create sand retention.  Mayor Aguirre announced a Workshop will be held this Saturday from 1:00 p.m. to 3:00 Mayor Aguirre called a recess at 8:28 p.m. and called the meeting back to order at 8:34 15.c RESOLUTION 2024-007 AUTHORIZING THE SOLICITATION OF BIDS FOR THE IMPERIAL BEACH SPORTS PARK COMMUNITY RECREATION CENTER PROJECT  p.m.  p.m. with all Councilmembers present.  (SP221001-SP). (0920-40)  8    Parks and Recreation Director Bullock gave a PowerPoint presentation. She confirmed that the old mural will be removed because oft the installation ofs safety windows, she noted that the project will focus on the building and not landscaping enhancements.  No Public Comments.  Councilmember Fisher supported a beachier color.  Mayor Aguirre spoke in support of lighter colors, bleached wood/driftwood, and a tile mosaic. She encouraged staff to get the project completed as soon as possible and requested additional information about roller skating in the Sports Park for City Council's consideration in the future but she did not want to hold up this project for that information.  Motion by Councilmember Fisher Seconded by Councimember Seabury  To adopt Resolution 2024-007 authorizing the solicitation of bids for the Imperial Beach AYES (5): Mayor Aguirre, Councimember LeyDa-Gonzalez, Mayor Pro Tem McKay,  Sports Park Community Recreation Center Project. Councilmember Seabury, and Councimember Fisher  Motion Carried (5to0)  15.d UPDATE ON COMMUNITY SWIM PROGRAM AT MAR VISTA AQUATIC FACILITY PROVIDED BY THE CITY OF IMPERIAL BEACH. (0930-15 & 1010-20)  Parks and Recreation Director Bullock gave a PowerPoint presentation. She responded to questions from the City Council regarding use of the pool by club teams noting that the school was adamant about not having club teams because that would reduce the times  for the community. No Public Comments.  Mayor Pro Tem McKay commented that this program is costing the City a lot of money and questioned if the City can continue to afford it. He suggested removing the School Resource Officer (SRO) out oft this equation. He questioned if spending $500,000 per year for 120 people a month to use the pool is worth iti for the citizens. He also stated there are In response to Councimember Fisher, Director Bullock said that she can bring back data Councimember Fisher commented that for every community session that lasts 1.5 hours, itt takes staff an hour to setup and breakdown. He said that we may be spending money in areas that may not be conducive. The program may be good, but it is not meeting the  other priorities in the community.  on unique users.  needs of all residents.  9    Councilmember Seabury commented that if it is costing the City $500,000 to operate the pool and the City is only receiving $16,000 in revenue, when does the City say enough is Mayor Aguirre stated spending $500,000 for a limited amount of people is not the most responsible way to use the City's resources. She requested more information on the number of unique users to help City Council make their decision. A closer examination of  enough because the Cityi is not getting the biggest bang for its buck.  having the SRO may be a first step to help reduce the cost.  City Council discussion ensued.  Mayor Aguirre requested staff return to City Council in 60 days with a clear table of how many unique users signed up and a breakdown of costs sO there is a clear picture of the  City's return on investment.  16. I.B. REDEVELOPMENT AGENCY SUCCESSOR AGENCY REPORTS  None. None.  17. ITEMS PULLED FROM THE CONSENT CALENDAR 18. CITY COUNCIL FUTURE. AGENDA REQUESTS  Mayor Pro Tem McKay requested that staff bring forward the campaign finance reform issue at Mayor Aguirre responded that the campaign finance ordinance will be on the February 21, 2024  the next meeting. agenda.  19. ADJOURN REGULAR MEETING  Mayor Aguirre adjourned the Regular Meeting at 9:14 p.m.  Jacqueline M. Kelly, MMC City/Clerk  Paloma Aguirre Mayor  10