The HessFest XIII event was taken out of the consent agenda to be discussed at the June 21 City Council Meeting which lasted four hours and 50 minutes. City Manager Tyler Foltz explained that HessFest XIII is proposed for Saturday, August 12 from 1 to 6:30 p.m., with set up proposed to start August 11 and take down on Saturday evening, except for dumpster and portable toilets on the following day. The event plans to have a restricted alcohol sale enclosed by a six foot fence required by ABC license. The event will also feature food, live music, two corn hole courts – one for the IBAC tournament and the other for recreational use. To enter the event patrons will pay a fee and all proceeds will go to Oncology And Kids, a nonprofit.
It was announced that 12 public comments were received as last minute agenda items and were made available to city council and public – three were in favor and nine opposed. During public comment three people spoke against the event, and four in favor. During council discussion Mayor Pro Tem Matthew Leyba-Gonzalez said he was in favor of the event. “I have attended each HessFest and had great time, during the summer everyone is enjoying a beautiful city lots of individuals come from outside the city…” Councilmember Carol Seabury was also in favor. “ [It’s an] honorable cause…all the proceeds go to kids with cancer, for this not go forward, it would be a shame,” she said. Councilmember Jack Fisher inquired whether nearby businesses will be notified. Staff answered that businesses will be notified upon approval of the event. He also made a request that water will be provided for free to the attendees. Mayor Paloma Aguirre asked that recycling bins will be available. Foltz confirmed that water and non alcoholic beverages available.
“We’re all supportive that all proceeds will go to a nonprofit, especially children with cancer,” she said. Aguirre also asked for council to receive a report on how the proceeds benefited children as a condition of approval. She also was concerned about blocking the sidewalk for people who do not attend the event, and suggested moving the event away from the sidewalk. “Even though it’s for a great cause we’re depriving the community of a full day and half of the premier spot on the beach. I strongly suggest…a different spot for next year, we’re already challenged with coastal access due to sewage,” she said. It was requested for staff to work with the applicant to make the right of way available for the public who is not participating to the event. The event was approved unanimously.
The consent calendar was then approved. The construction of a mixed use building with ground floor commercial and eight residential condominium units at 757 Seacoast Drive by Buckeye Investments, Inc. was presented. Community Development Director Meagan Openshaw gave the report. The project is located in the C/MU-2 zone at the corner of Seacoast Drive and Donax Avenue. Currently the site has a commercial building (Aroma Thai) and two residential structures. Buckeye Construction Inc. requested a conditional use permit for the following: increase in density of extra one unit, eight instead of the seven that would typically be allowed, and reduction in parking. A 2,700 square foot commercial building would generally require three parking spaces and the eight residential units would require 12 parking spaces. The developer is proposing a 25% reduction of required off-street parking for a total of 11 parking spaces. The project is proposing a building height of 34’-2” in height for a floor to ceiling height of 15’ for the ground floor commercial space. Landscaping will be 15 % of the site with 13 trees and a variety of plants. The Design Review Board reviewed the project on Feb. 16 and recommended changes which the applicant was able to make for the most part. The city council reviewed the project at its April 19 meeting and requested additional information on some items: parking, increase in density, transportation and demand management strategies, increase in height, landscaping, lighting and use of the units for short term.
The applicant is proposing: bicycle racks (for eight bikes); private covered hanging bicycle racks (commercial and residential tenant use only); map of the bike routes, bus route and schedule signage would be posted to encourage transit use and pedestrian/bike (multimodal) use; one (1) electric bike will be provided per residential unit (eight total) with a built-in charging station.
On all long-term residential leases, there will be language for reduced rent (10%) for tenants who do not need a parking space. Any and all short-term rental tenants will receive one voucher for e-bike rental for each stay. Any commercial lease will include language for the property owner to provide two (2) permanent bus passes for commercial tenant for employees’ use. The number of trees was increased to 13. Sixty six light fixtures lighting and recess lighting with enhanced lighting on Seacoast Drive. No more than five units can be short term, the number of short term can be revisited every five years to assess impacts on the community.
Eleven public comments were received as last minute agenda items with 10 in support, and one in opposition. During public comment some residents were in favor of the project while others were concerned about the size and height, the short term rentals, and not enough parking. A petition with 112 signatures was also presented against the project. McKay asked about the two parking spaces that will be created when the red curb is eliminated and whether the developer can get credit for the parking. Staff clarified the developer would like the council to take that into consideration. Seabury was concerned about parking and expressed her frustration that every project that has come through has asked for reduced parking requirements, also pointing out the petition signed by 112 people objecting because of the parking. “Every time we get another project, that takes away our parking, it chips away the quality of life for people who have put in their life savings to buy their houses…” she said. Seabury brought up the point that some speakers’ comments regarding being able to have the same variances as the developer as far as height and short term use. Openshaw clarified that the difference is in the zoning and it could not happen. Aguirre said she was sympathetic with everyone who signed the petition with concerns about parking. “It’s going to be an ongoing conversation…it’s a challenge that every coastal city is having, that’s the topic of every discussion at every Coastal Commission meeting, and by far we don’t have it that bad. Some cities charge $40 per day for parking… But it is a concern, we’re working on a parking study,” she said. Aguirre said she had checked the trees proposed and would like to see them changed because they are very toxic to dogs and toddlers. She suggested replacing the gold medallion trees with yellow bells which look almost the same and are not toxic. In the matter of short term rentals, Foltz said that the Coastal Commission has allowed short term rentals because of the need of accommodations at the beach. In Imperial Beach short term rentals are only allowed in the commercial zone. Regarding parking, he explained that a multi-story parking structure would be difficult to build because there is water when you dig underground, and it would be a very substantial investment, and if a developer puts a lot of parking it takes away from commercial use on the ground floor. Seabury said,“ I feel for the residents who have signed this petition…put life savings in their houses, I want to support them I would hate it if it happened to me.” Fisher made a recommendation to look at short term rentals at two years upon completion instead of five. Aguirre was in support. A motion for approval with conditions as stated was carried with four yes votes and no by Seabury.
San Diego Community Power (SDCP) CEO Karin Burns gave an update. She reminded everyone that the way SDCP works is that the company buys electricity from renewable sources, SDG&E delivers and maintains the grid, and customers get local control and competitive rates. Now SDCP is the second largest community choice aggregator in the state serving nearly a million customers. Burns explained that SDCP is a “young company, we need to build reserves while at the same time seeking to reduce customers’ costs.” Currently customers are saving three percent on electric rates. Customer participation is 95% which is above state wide average. In Imperial Beach SDCP has 10,500 accounts, one of the highest participation, at almost 97%. SDCP is looking at energy programs that could be offered, through customers’ surveys and identified 13 programs with short and medium term goals. Right now SDCP is helping customers stay cool. Summer energy costs are higher because of demand but Burns recommended checking out the resources available online. One of them is the Ohm thermostat, which can be set to avoid activities during peak hours and earn gift cards. SDCP has applied for grants to use for local stores who can earn energy efficient refrigeration equipment. A new program includes providing funding to community-based organizations.
Two Eagle Scout candidates, Miles Harris and Thomas DeFay presented a project they would like to work on. They are planning to install permeable pavers in the 600 ft. parkway around Oneonta Elementary School to increase the aesthetic of the area and create a safe environment for times when it rains, drop off and pick up. They asked the city for concrete curbs to create squares around the trees, which they would fill with decomposed granite. The construction materials are: pavers, sand, and decomposed granite. The two teenagers asked for public works department to prep the area by uprooting grass, removing dirt, leveling the ground and cordoning off for safety with caution tape and cones. They expect to have 20 volunteers from their troop and friends to participate with the project. The total cost is $5,539. The amount of $750 was donated by Pachugo Tijuana during the meeting. “It is so essential that individuals, young individuals understand what it’s like to do a day’s work, obviously this is going to be multiple days, of manual labor…enriching your work ethics…see an accomplishment and making the area more appealing…” said Leyba-Gonzalez. “Very industrious of you guys to pick this… definitely not easy, great idea, and… thanks for picking Imperial Beach,” said McKay. Aguirre praised the two teenagers and the work they had to put into the presentation and the steps to get to the presentation in front of the council.
A request for live entertainment by Otay Lakes Brewery LLC /Novo Brazil located in commercial/recreation eco-tourism zone was presented. The proposed hours for live entertainment are: Wed-Friday 5 to 10 p.m., Sat. 1 to 10 p.m. and Sun. 1 to 8 p.m. Music may be indoors or outdoors, acoustic, amplified, or DJ. Two locations on the outside patio and two inside the restaurant were proposed for the live music. Noise mitigations are: music must not be audible beyond property lines; windows and door will be closed during live entertainment and onsite manager will be available for complaints; speakers must be directed away from residential uses; the restaurant management or security must walk outside with decibel reader and if noise is exceeded, it must be lowered; outdoor amplified live entertainment events should not exceed four per year and are subject to approval of community development director; notifications to surrounding neighborhood would be required. Two public comments were received as last minute agenda items, one was in support and one against.
During council discussion Seabury reminded everyone that 50 yards from the restaurant is a least tern nesting site. Staff clarified that there is a condition in the application that the owner must meet with Fish & Wildlife to make sure there are no negative impacts on wildlife. She also said that during school nights live music should not be allowed outdoors. Other recommendations included that the outdoor music/speakers face towards restaurant not residential area or eco zone. A motion to adopt with recommended changes was carried unanimously.
The authorization for the city manager to execute an agreement with Exos Community Services for the Mar Vista pool lifeguard services was discussed. The city and Sweetwater School District have entered a Memorandum Of Understanding (MOU) for the use of the pool. It’s a two year agreement with automatic renewal with mutual consent, and a 90-day termination agreement. The MOU currently provides the city with the following availability during the first six months, for a total of 11.5 hours weekly: Tuesdays, 5:30 – 7 a.m., Thursdays, 5:30 – 7 a.m., Fridays, 5:30 — 7 a.m., Saturdays, 5:30 – 8:30 a.m.; Sundays, flexible scheduling of at least four hours. The MOU allows the city to reopen discussion to review hours, but the school uses the pool for school functions and sports. For the MOU the city had to provide a school resource officer who started on April 7, and lifeguard services. Staffing is anticipated to include an Aquatics Manager, Head Lifeguard, and lifeguards. The total estimated monthly cost would begin at approximately $15,500 with a 5% annual increase, though expenses would change depending on programming and operation modifications. It will take about 45 days to be operational following an executed agreement. One public comment was received in support. During council discussion Fisher asked whether Exos will just provide lifeguarding services or have programming options. He was told programs will be extra. He said the bill to the city is $575 per hour. “I want to make sure our residents are aware the bill on this pool… and the school district is the one to dictate our usage,” he said. He hoped the district would see the need of the community for a place for kids to swim since our beach is closed. Because of the expense he suggested monitoring its usage by residents after six months to “decide if it’s a benefit to the entire community, not a handful of people.” Seabury was also concerned about the cost as was McKay, who asked if there would anticipated charges to the public for pool use. He pointed out the cost of $186,000 a year for the pool use plus $260,000 – $270,000 for a school officer. Aguirre agreed. “We have a fiduciary responsibility that we’re spending the public money responsibly… look at six months acknowledge the fact that yes we need a pool, yes our beaches are closed. Make sure [the pool] is being used,” she said. A motion was carried unanimously.
An interim ordinance imposing a moratorium on new retail uses engaged in firearm or ammunition sales was discussed. The city recently received an application for a firearm business in the CMU-1 zone, and this use is not in the city’s zoning laws. A moratorium is proposed so that the city can consider this type of regulation. Future discussions may include location restrictions, health and safety standards requirements for security plans and operational requirements, different uses (not just ammunition and firearms). Six public comments were received in support of the moratorium. During public comments eight speakers were in favor of the business and against the moratorium and one person was in favor of the moratorium. Among the speakers in favor of the business which would be owned by a woman was a former female U.S. Marine and a former DEA agent. During council comments Seabury said she is in favor of a specialized business like this, “very specialized, stores like this offers education… no evidence not having a gun store lowers crime,” she said. Seabury also pointed out that gun store owners are vetted and undergo background checks. Fisher said the number one priority for the council is to take some time and carefully craft something but “it’s important we don’t delay and put excessive requirements,” he said. “This will govern any business of this type that wants to open this [type of] business… act swiftly.” Aguirre reminded everyone that “we’re not debating second amendment rights or debating the applicant’s character whatsoever, we want to uplift. All we’re asking is give us a little bit of time, what this moratorium would do is not restrict the opening of the business, but the sales of the firearm, so we have some time to figure out what is the best for our community,” she said. Aguirre also said that through public outreach the city can get everybody’s opinion. The moratorium “will buy us time to craft and develop something specific to Imperial Beach.” McKay asked whether staff can come up with a viable plan in 45 days. He said he is in favor of a buffer zone and wondered if the council could have some discussion points in 45 days. City Attorney Jennifer Lyon explained that if the council wants an ordinance back in 45 days, an emergency ordinance would have to be crafted and with a 4/5 vote the regulation will take effect immediately, then it would come back as a regular ordinance. Aguirre said she wants to make sure the “city is business friendly and the city doesn’t drag this on… it is an important decision, something we have never crafted in our city… make sure we do it right, it’s important for us to have additional time.” A motion to have a moratorium was carried by four votes with a no by Seabury.
A list of projects for fiscal year 2023-2024 through $642,331 funding by Road Repair and Accountability Act of 2017 was discussed. Public Works Director Juan Larios gave the report. This project will include: Active Transportation Plan, ADA Curb Ramp Installation (New), ADA Curb Ramp Rehab/Repair (Existing), Bicycle Lane (New), Bicycle Lane Rehab/Repair (Existing), Cost Estimating, Document Preparation, Pavement Improvement (New), Pavement Rehab/Repair (Existing), Paving and/or Striping Installation (New Safety), Paving and/or Striping Rehab/Repair (Existing Safety), Sidewalk and/or Crosswalk Installation (New), Sidewalk and/or Crosswalk Rehab/Repair (Existing), Storm Drain and/or Culvert Rehab/Repair (Existing), Storm Drain/Culvert Installation (New), Traffic Signals, Lights, and/or Signage Installation (New Safety), Traffic Signals, Lights, and/or Signage Rehab/Repair (Existing Safety). The locations of the improvements are in the following locations: 3rd Street, 5th Street, 7th Street, 8th Street, 9th Street, 10th Street, 11th Street, 12th Street, 15th Street, Calla Avenue, Carnation Avenue, Carolina Street, Cherry Avenue, Connecticut Street, Dahlia Avenue, Delaware Street, Ebony Avenue, Elder Avenue, Elkwood Avenue, Fern Avenue, Florida Street, Hemlock Avenue, Holly Avenue, Imperial Beach Boulevard, Palm Avenue. The funding also includes two pieces of equipment: a Case 580 N Backhoe and an E42 Bobcat compact excavator. A motion to approve was carried unanimously.
At the recommendation of McKay, the city will raise the banners of existing military branches, and the U.S. Space Force and the Honor and Sacrifice Flag will also be added. It was proposed that each military branch will have its own month.
United States Air Force: September 18-25; United States Army from July 1-8; United States Coast Guard from August 4-11; United States Marines from November 10-17; United States Navy from October 13-20; Honor and Sacrifice flag on Sept. 11. Two comments in opposition were received. A motion was carried unanimously.
Security cameras and access control system at city hall were presented. Security cameras will be used to monitor city hall property and provide surveillance in the event of an incident and offer a valuable resource for investigating crimes. Quotes from three vendors were requested and the city chose Convergint Technologies. The anticipated expense is $140,000. A motion was carried unanimously.
Vol. 39, No. 26 – Thursday, June 29, 2023