CITY OF IMPERIAL BEACH CITY COUNCIL REGULAR MEETING MINUTES March 6, 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, Councilmember Fisher, Councimember LeyDa-Gonzalez City Manager Foltz, Chief Administrative Officer Cortez-Martinez, City Attorney Lyon, City Clerk Kelly, Community Development Director Openshaw, City Planner/Management Associate Ayala, Housing & Neighborhood Services Manager Rolfe The City Council also sits as the Imperial Beach Planning Commission, Public Financing Authority, and Imperial Beach RedevelopmentAgeney Successor Agency. 1. 2. 3. 4. CALL TO ORDER ROLL CALL City Clerk Kelly took roll. PLEDGE OF ALLEGIANCE Mayor Aguirre called the Regular Meeting to order at 6:00 p.m. Councimember Fisher led the Pledge of Allegiance. REIMBURSEMENT DISCLOSURES/REPORTS ON ASSIGNMENTS AND COMMITTEES Mayor Aguirre San Diego Community Power Board of Directors meeting Mayors and City Managers Monthly meeting IB Chamber of Commerce Board meeting Unveiling of the Don Spicer Street sign IBI Little League Opening Day Taste of South Bay Otay River Estuary Restoration Project meeting where she was the keynote speaker Meeting with Alicia Kerber-Palma, the new Counsul General of Mexico in San Diego South County Economic Development Council Board Meeting Participated in a school reading at Nestor Language Academy 1 Mayor Pro Tem McKay Unveiling of the Don Spicer Street sign He recognized Don Spicer for his contributions to the community over the past 50 years Councimember Seabury Neighborhood Market Association's 28th Annual Awards Banquet IBC Chamber of Commerce Board meeting The first meeting of the Cannabis Ad Hoc Subcommittee Chamber of Commerce Social event Unveiling of the Don Spicer Street sign IBI Little League Opening Day Kiwanis Bingo Game South County Economic Development Council Board Meeting Councimember Fisher Thanked Mayor Pro Tem McKay for leading the recognition of Don Spicer Announced SANDAG will hold its Annual Retreat at Salt Drift Point Announced representatives from the State will talk about RHNA numbers at the March 22nd SANDAG Board of Directors meeting SANDAG Board of Directors meeting Cannabis Ad Hoc Subcommittee meeting Councimember Leyba-Gonzalez Announced the upcoming Mar Vista High School Career Fair will be on May 1 Spoke about the upcoming SANDAG, Annual Retreat in IB 5. COMMUNICATIONS FROM CITY STAFF Housing & Neighborhood Services Manager Rolfe announced the upcoming Community Forum on Housing Rights will be held on March 13 at the Imperial Beach Branch Library. City Manager Foltz announced MTS will send notices to residents on 9th Street regarding the Rapid 227 bus route. Also, MTS will attend the Farmer's Market for residents to share in-person comments. PUBLIC COMMENT 6. Martin Mattes gave an update on IB Chamber of Commerce activities. suggested the use of QR codes to help connect with people in IB. Jarrod Caswell suggested staff post information on activities and events as soon as possible and 2 7. PRESENTATIONS 7.a PROCLAMATION RECOGNIZING WOMEN'S HISTORY MONTH. (0410-30) Motion by Councimember Seabury Seconded by Councilmember Fisher To approve the Proclamation. AYES (5): Mayor Aguirre, Mayor Pro Tem McKay, Councilmember Seabury, Councimember Fisher, and Councimember Leyba-Gonzalez Motion Carried (5 to 0) No public comments. Mayor Aguirre read the Proclamation. Woman's Club and others. CALCITES. (0460-20) Mayor Aguirre, along with the City Councilmembers, presented the Proclamation to the IB 7.b PRESENTATION ON TAXPAYER PROTECTION AND GOVERNMENT ACT BY Catherine Hill, Regional Public Affairs Manager, San Diego County and Imperial County Divisions of CalCities gave a PowerPoint presentation. She said that the Taxpayer Protection and Government Act, if approved, taxes and fees adopted after January 1, 2022, that do not comply with the new rules, are void unless reenacted. This means that the Imperial Beach Measure R (TOT) would need to gol back tot the voters within 12 months with specific language from this ballot measure or it would be void, an estimated loss of $400K to the City per year. No public comments. City Council discussion ensued. CalCites was recognized for their efforts in addressing matters that are important to cities. There was support for communicating information to constituents about how the Taxpayer Protection and Government Act would adversely affect the City. That Measure R was approved by the residents of IB and having outsiders take away the funds generated by the measure is not right. There was support for bringing forward a resolution and letter for consideration on a future agenda. 8. CONSENT CALENDAR AWritten Comment was submitted by Michael Williams regarding Item No. 8.e. He recommended staff's review of past applications for this event and bringing the proposed charges in line with the past usage fees. 3 Motion by Councimember Fisher Seconded by Councilmember Seabury To approve Consent Calendar Item Nos. 8.a through 8.f. Fisher, and Councimember Leyba-Gonzalez AYES (5): Mayor Aguirre, Mayor Pro Tem McKay, Councilmember Seabury, Councilmember Motion Carried (5t to 0) 8.a RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM FEBRUARY 10, 2024, TO FEBRUARY 23, 2024. (0300-25) City Council ratified and filed the Warrant Register Report. 8.b SECOND READING AND ADOPTION OF ORDINANCE NO. 2024-1242 TO ADOPT LOCAL CAMPAIGN CONTRIBUTION LIMIT ORDINANCE PURSUANT TO AD HOC'S City Council conducted the second reading and adopted Ordinance No. 2024-1242 by 8.c RESOLUTION 2024-012 CONTINUING THE PROCLAMATION OF A STATE OF LOCAL EMERGENCY RELATING TO IMPACTS FROM CROSS-BORDER POLLUTION IN THE Adopted Resolution No. 2024-012 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. 8.d PROJECT. APPROVAL EXTENSION REQUEST FOR DEL TACO; CUP-21-0003; DRC- 21-0016; SPR-21-0017; FOR CONSTRUCTION OF A NEW DEL TACO RESTAURANT WITH A DRIVE-THROUGH AND OUTDOOR PATIO SEATING AREA AT 1333 PALM City Council adopted Resolution No. 2024-011 approving a six (6) month time extension for the Project Approval as set for in Resolution No. 2023-67 which included Conditional Use Permit (CUP-21-0003), Design Review Case (DRC-21-0016), Site Plan Review (SPR-21-0017), & Categorical Exemption pursuant to CEQAguidelines section 15332 (In- fill Development), for a new Del Taco restaurant with a drive-through facility and outdoor patio seating area at 1333 Palm Ave (APN 627-011-19-00) in the C/MU-1 (General Commercial and Mixed Use) Zone on the Zoning Map subject to the conditions as 8.e AMENDED REPORT - CONSIDERATION OF A SPECIAL EVENT PERMIT APPLICATION FOR THE USE OF PIER PLAZA BY ST. JAMES CHURCH TO HOST RECOMMENDATION. (0430-95) title only. TIJUANA RIVER. (0150-40 & 0210-26) AVENUE (APN 627-011-19-00). (0600-20) specified in Resolution No. 2023-67 (Attachment 4 oft the staff report). THEIR ANNUAL EASTER SERVICE EVENT. (1040-10) 4 City Council approved a special event permit requested from the St. James Church event applicant to activate Pier Plaza as an event venue for their 2024 Annual Easter Son Rise 8.f CONSIDERATION OF A SPECIAL EVENT PERMIT APPLICATION FOR THE PADRES PEDAL THE CAUSE EVENT TO BE HELD ON SUNDAY, APRIL 7, 2024. (1040-10) City Council approved the special event permit request from the Padres Pedal the Cause event applicant to activate parts of the Bayshore Bikeway, Bikeway Village Parking Lot on 13th Street, Cypress Avenue and Florence Street for a charity ride on Saturday, April 7, Service on Sunday, March 31, 2024. 2024. 9. ORDINANCES/INTRODUCTION & FIRST READING None. 10. PUBLIC HEARINGS 10.a PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTION 2024-009 AMENDING THE CITY OF IMPERIAL BEACH MASTER FEE SCHEDULE TO ADOPT AND ADD THE INTERNATIONAL CODE COUNCIL BUILDING VALUATION MULTIPLIERS FOR 2023. (0710-95) Mayor Aguirre declared the public hearing open. not been reviewed or updated since 2002. Mayor Aguirre closed the public hearing. Motion by Mayor Pro Tem McKay Seconded by Councimember Fisher Community Development Director Openshaw gave a PowerPoint presentation and explained that the Building Valuation Table with building valuation multipliers for 2001 had No public comments To adopt Resolution No. 2024-009 setting forth minimum building valuations for the current AYES (5): Mayor Aguirre, Mayor Pro Tem McKay, Councimember Seabury, Councimember Fisher, and Councimember LeyDa-Gonzalez fiscal year. Motion Carried (5 to 0) 5 11. REPORTS 11.a RESOLUTION NO. 2024-014 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT FOR AIR MONITORING SENSORS. (0230-10) CAO Cortez-Martinez introduced the item. David Sodeman, Chief of the Monitoring & Technical Services at San Diego County Air Pollution Control District (SDCAPCD), gave a PowerPoint presentation. No public comments Inr response to questions of City Council, Mr. Sodeman stated that the SDCAPCD does not have authority of the Tijuana River Valley and the cross-border pollution matter because that falls under the federal government and it is Mexico's responsibility to fix that issue. They can, however, collect data, bring awareness to the issue, and put political Mayor Aguirre commented that there exists, under OSHA standards, exposure of hydrogen sulfide and sulfur dioxide for wastewater treatment workers. She further stated that there needs to be standards developed for the general public, and that is something that the SDCAPCD can champion and bring forward to the California. Air Pollution Control Board, which has local elected officials that represent this region on that board. She requested that the SDCAPCD and the California Air Pollution Control Board do more and that it is not acceptable to just say, there are no standards. She wants them to figure out how to how to create standards and how to issue notices of violation. She requested that pressure on on the federal government. a public outreach and education session be co-hosted in the City. Motion by Mayor Aguirre Seconded by Councilmember Seabury To approve Resolution No. 2024-014 authorizing the City Manager or designee to enter into an agreement with the San Diego County Air Pollution Control District for air AYES (5): Mayor Aguirre, Mayor Pro Tem McKay, Councilmember Seabury, Councilmember Fisher, and Councilmember LeyDa-Gonzalez monitoring sensors. Motion Carried (5 to 0) 11.b CONSIDER POTENTIAL LOCATIONS FOR PICKLEBALL COURTS WITHIN THE CITY OF IMPERIAL BEACH. (1020-10) City Manager Foltz gave a PowerPoint presentation. Robert Douthit spoke in support of the item. Public comments: 6 Jarrod Caswell spoke in favor of multiuse courts. Written comments in support of pickleball courts in Imperial Beach were received from: Daniel Hall, Michelle Dean, Erika Bird, Laura Studebaker and Cindy Calquhoun. The Mayor and Councilmembers supported pickle ball courts in Imperial Beach. Consensus of City Council to consider the following locations for the City Manager to proceed with planning and costing estimates for the following four locations: Sports Park - North Turf Area Sports Park- - South Turf Area Veterans Park-7 Turf Area near Imperial Beach Blvd. Veterans Park - Turf Area Near Multi-Use Field and Dog Park 11.c 2023 GENERAL PLAN ANNUAL PROGRESS REPORT. (0620-90) City Planner/Management Associate Ayala and Housing & Neighborhood Services Councilmember LeyDa-Gonzalez left Council Chambers at 8:02 p.m. and returned at 8:05 Manager Rolfe gave a PowerPoint presentation. p.m. No Public comments. City Council discussion ensued. There was discussion about the difficulty with Imperial Mayor Pro Tem McKay was hopeful that with the next evaluation, SANDAG will be fair, equitable and use logic and commonsense when reviewing RHNA numbers. Mayor Aguirre encouraged everybody to participate in the upcoming Housing workshop to Beach and other cities meeting the RHNAI numbers. receive important information. 12. I.B. REDEVELOPMENT AGENCY SUCCESSOR AGENCY REPORTS None. None. 13. ITEMS PULLED FROM THE CONSENT CALENDAR 14. CITY COUNCIL FUTURE AGENDA REQUESTS Councimember Fisher: businesses. Asked staff to put time certainty on construction job delays due to impacts on local With concern about the impacts of the digital divide on residents of Imperial Beach, he asked staff to return to City Council with different ways the City can communicate with the community including costs for mailers, printed calendars, etc. Seconded by Mayor Aguirre. 7 15. ADJOURN REGULAR MEETING Mayor Aguirre adjourned the Regular Meeting at 8:29 p.m. Jacqyeline M. Kelly, MMC City/Clerk Paloma Aguirre Mayor 8