City Votes Against Its Own Medical Marijuana Ballot Initiative

A competing ballot measure to the citizen driven medical marijuana initiative will not appear on the Nov. 6 ballot.

• By Albert Fulcher
• Email the author
• 5:19 am

In a narrow 3-2 vote, the Imperial Beach City Council abandoned its attempt to put a counter initiative on the ballot in November to compete with the Safe Access Ordinance of Imperial Beach.

Last month council approved placing the Safe Access Ordinance on the ballot after supporters gathered enough signatures from Imperial Beach voters.

Mayor Jim Janney said that the counter initiative had many flaws, like the Safe Access Ordinance, and that he could not support the time city staff and legal counsel would need to invest to get the counter initiative on the ballot in time.

In order to appear on the November ballot, the initiative would need to be handed over to the County of San Diego Registrar of Voters by Aug. 10.

Had the city authored competing measure received enough votes from council Wednesday, a special meeting would have been necessary to grant final approval.

Janney said he was not in favor of a competing initiative when there are enough problems with the Safe Acces Ordinance. A decent opposition statement from councilmembers and citizens against the initiative would clarify things for voters, he said.

“I am not going to be able to support putting a separate one on there just because somebody put something else out there that we don’t like,” he said. “I believe in what we did the first time,” he said, referring to a restrictive medical marijuana ordinance passed in July 2011.

Janney said he is concerned about the amount of time the city is spending on something that is not going to make Imperial Beach a better place to live.

“If people read the arguments, and that is what they believe in, they will vote the right way,” he said.

The city’s ordinance was put together in less than two weeks by staff, City Attorney Jennifer Lyons and Councilmembers Edward Spriggs and Brian Bilbray.

Lyons said the language of the initiative was largely derived from the County of San Diego’s ordinance that regulates collectives, with some elements borrowed from the city’s current ordinance that regulates adult entertainment bookstores.

Bilbray and King both voted in favor of the city’s competing measure “that fixes a lot of the problems that the citizen’s initiative doesn’t touch,” Bilbray said.

The Safe Access Ordinance has it flaws, Bilbray said, but he believes that it received enough signatures that it will likely pass in November.

Among concerns expressed by Imperial Beach City Council about the Safe Access Ordinance:

- not allowed to deny business licenses

- smoking allowed at dispensaries

- the number of dispensaries that may be established under Safe Access Ordinance

Since the Safe Access Ordinance was put on the ballot by voters, the ordiance’s language cannot be amended by city council.

During the public comment period of the meeting, a half dozen people spoke both for and against the city’s initiative.

Tracy Rivera said her concern is what happens if the city does shut down safe access to its citizens.

“You are sending them to places that are illegal and putting patients in danger,” she said. “Stand up. What are you afraid of? The people want this change.”

Marcus Boyd said he appreciated the work Spriggs and Bilbray did to write the counter ordinance but said the full language of the ordinance was not released until Tuesday and that’s not enough time for anyone to give it a thorough review.

He said that in the short time he had to go over the initiative he found provisions that actually created a ban against safe access and in ways was more restrictive than the current ordinances adopted by council.

 

City Council Approves Revised Budget

“We are not out of the woods yet,” said Finance Director Michael McGrane. The loss of redevelopment agency funds and escalating sheriff and retirement costs are expected to continue to play a major role in the city’s financial future.

• By Albert Fulcher
• Email the author
• 6:20 pm

The city’s budget has been “precariously balanced,” said City Manager Gary Brown, with a projected revised $33.5 million 2012-2013 fiscal year budget and five-year outlook unanimously approved by City Council Wednesday.

Finance Director Michael McGrane said the budget has been balanced in part thanks to a one-time transfer of redevelopment agency (RDA) funds and by dipping into general fund reserves.

He said the budget reflects the city’s attempt to reshape its administrative infrastructure and modified labor agreements approved since the adoption of the budget last year.

With $17.6 million in general fund operating costs, McGrane said the city made difficult choices in a financial scenario that is constantly changing.

Operating costs may appear to have increased in some city departments, he said, but this represents an increase in general fund spending to fill a hole left by the elimination of redevelopment funds.

“In the past, redevelopment paid part of the cost and wages of staff in these departments,” he said. “What you are seeing is the impact of RDA going away.”

About one in four city employees salaries were paid through redevelopment funds.

McGrane said last minute changes include the consolidation of the Tidelands maintenance supervision duties, retaining a maintenance worker for graffiti removal, but the city still needs to continue to look at ways to balance costs and expenses in the future.

In looking at the five-year projections, McGrane said that the San Diego County Sheriff’s Department contract and retirement costs may result in an $857,500 general fund shortfall by the 2016-2017 fiscal year.

New revenue may come in the form of fee increases, hotel taxes and increased growth, but that money is expected to fill only a small portion of increased expenses, he said.

Mayor Jim Janney said the city could not keep up with the sheriff’s projected increase in costs. He said council “needs to come to grips with what the city does not have—revenue.”

“It is ludicrous,” he said. “This is not a very rosy picture. In fact, it is really ugly. Everything increases around us except for our revenues.”

Councilman Jim King said that with fewer officers he wondered what the driving force is for such drastic increases.

“This is so disproportional to any other thing I see on the budget,” he said. “It leads me to believe that we are not considering this amenity on what our specific needs and requirements are.”

McGrane said the sheriff negotiatates a multi-city contract and it is the largest expenditure in the city’s yearly budget. Sheriff costs increase annually for cost of living increase, he said.

King said he understands law enforcement and public safety is an absolute necessity, but that with the constant negotiating of contracts in this economy he does not understand the continuous rise in costs.

“It rubs me wrong,” he said. “I find this a little bit egregious. I am really not very happy about it.”

Councilman Ed Spriggs said that despite disliking the current arrangement that this city has to move forward in finding sources of revenue to cover it.

“There’s just no other choice, it’s there,” he said. “It’s inevitable, just like the retirement cost. These are fixed costs that just keep going up.”

Spriggs said the city’s challenge is to look at mid and long-term ways to increase property value, the use of commercial space and the attraction of visitors.

“The elimination of redevelopment has wiped out our source and means of land and property tax base improvement, but also a major source of salary support for city and staff,” he said. “We have to revisit how we balance quality of life versus growth in Imperial Beach.”

In other line items questioned by Spriggs beginning in the 2014-2015 fiscal year (vacation rentals, further restructuring and a decrease in Sheriff positions), McGrane said these items are only examples of how much revenue and savings will be needed to cover the expediential rising costs.

“It is not that staff is recommending vacation rentals or sheriff reductions,” he said. “It is giving you a view of the seriousness of the city’s five-year outlook. We are not out of the woods yet. We are going to have to constantly revisit the budget.”

Brown said council has a workshop scheduled for July 11. A panel of people including, developers, economists, multi-housing and business people that know how to bring in growth and help council develop a stronger long-range plan.

Councilwoman Lorie Bragg asked McGrane about a San Diego UT article in April that said IB is among cities with the highest reserves in the county.

At the time IB was 7th on the list with $10.3 million, or 54 percent general fund reserve. Dipping into the reserves, staff projects for FY-2012/13 a beginning reserve balance of $9.5 million and ending balance of $9.1 million.

McGrane said there is no “one size fits all” answer to reserve accounts. He said with the city’s limited tax revenues and property taxes, past city councils were cautious in their spending and proactive in building reserves in case of emergency needs, such as filling in the current budget deficit.

He said the city needs the reserves because it has no way of having large amounts of revenue come back into the city within one year.

“With a net operating budget around $17 million, you have about half a year operational ability for emergency use,” he said.

Bragg asked if the city’s reserves were proportionally out of line in withholding too much, but said she believed that council was on the right track.

McGrane said with RDA funding going away, the city has taken major hits.

“You have enough reserves to fund things that may blow up or other significant changes that increase your level of costs,” he said.

Spriggs asked if the estimation of additional revenues saved were an accurate view of what the city will actually see.

McGrane said in the case of the Recreation and Park Maintenance funds, the city drastically cut expenses in half with reduction of hours, operation, staffing hours and increase of park recreational fees.

Projections of savings are $105,475 and an increase of $9,000 in recreational fees approved by council at their June 6 meeting.

Spriggs said he previously had concerns about the city’s profile with the elimination of fireworks and public relations contract equaling $45,000 in cuts.

“At this point I concede that we have get down to balancing the budget,” he said.

Fourth of July fireworks will proceed this year, but next year the decision is “up in the air” depending on the state of the city budget at that time. Other ways to finance an Independence Day fireworks show may be sought. The Port of San Diego currently covers half of Big Bay Boom costs.

Roller Rink Night, Fee Increases and Sports Park Cuts Proposed to Help Close City Budget Gap

Roller Rink Night, Fee Increases and Sports Park Cuts Proposed to Help Close City Budget Gap

Sport Park employees laid off, reduction in hours and an increase of fees part of city’s plan in reducing imminent $327,000 budget gap.

• By Albert Fulcher
• Email the author
• 5:00 am

In an attempt to help swerve a possible $1.5 million deficit over the next two years, the Sports Park and Recreation Center may take some drastic steps.

A rollerskating night may be held in the gym once a month, baseball and softball leagues may be charged for lighting and near half of staff have already been eliminated.

Since April, the Sports Park and Recreation Center has eliminated five out of 11 employee positions, reduced operating hours from 51 hours a week to 40 and the city terminated the Sports Park maintenance contract.

The Sports Park and Recreation Center is no longer open Saturdays. At one point there was even talk to hand control of the Sports Park and Recreation Center back to the Boys & Girls Club who managed the property in the 1990s.

Since city staff open and close the skate park, hours changes at the Sports Park and Recreation Center will not impact the Imperial Beach Skate Park.

Combined, extra steps presented to City Council May 2 could save the city near $100,000, said director Jim Coates.

City Council took no action on the proposed fee increases. A hearing requesting public comment and final decisions will be scheduled for June.

Other ideas proposed to generate revenue include an increase in usage fees, additional after school programs and increase café sales. Rental of audio equipment and possible advertisement space and sponsorships of the park were also recommended.

Proposed fee increases will be based on a comparison of similar facilities in South San Diego and Chula Vista.

City staff estimates an annual increase of more than $35,000 in increased fee revenue for usage of the gym, music room or BBQ and picnic table rentals and expansion of the Café’s menu.

Combined with the money saved from cuts, the city could be $135,585 closer to closing its immediate $327,000 fiscal year shortfall.

City Manager Gary Brown said the projected numbers in fee increases are conservatively estimated by last year’s facility usage and other revenue generating ideas.

Sports Park and Recreation Center Director Jim Coates said park facilities are operating smoothly and its closure on Saturdays is an easy transition.

He said Saturdays are high competition between the Café and league snack bars and parking and the most of the park’s clientele are Monday through Friday.

“It leaves the park open for those that pay to play little league or softball and the picnic shelters,” Coates said.

Mayor Jim Janney said it is now up to council to look at the proposed fee increases and possible revenue streams recommended by staff.

“I think that the reductions that you are doing is a no brainer,” Janney said.” We had no choice but to do that.”

Councilwoman Lorie Bragg said she is most interested in the revenue enhancing ideas.

She said exploring advertising revenue streams, seeking corporate sponsors, renting facilities and fundraising ideas were innovative and had great potential for generating revenue.

She asked if city staff contacted to YMCA to run the programs and Brown said they were exploring the possibility at this time.

“I would like to throw a couple more ideas in there,” she said. “A 5K run and an e-waste recycling event. [The] National City Chamber of Commerce did that and raised more than $4,000 in an afternoon.”

Janney said he is continuing discussions with the Navy to utilize the facilities for personnel from Naval Outlying Landing Field Imperial Beach at times when students are not using the facilities.

Brown said the goal is to have the fee increases in place at the beginning of the new fiscal year July 1.

For a complete list of proposed fee increases, see Item 6.3 in the attached City Council agenda packet.

What Are the Top 10 Events in Imperial Beach History? Write Them in Stone

http://imperialbeach.patch.com/articles/what-are-the-top-10-events-in-imperial-beach-history-write-them-in-stone

What Are the Top 10 Events in Imperial Beach History? Write Them in Stone

Considered to be IB’s main park, plans for an “Imperial Beach History Walk” are a bit closer to becoming a reality but are not yet set in stone.

• By Albert Fulcher
• Email the author
• August 16, 2011

Strolling through the winding walkways of Veteran’s Park, people may soon be able to read engraved tidbits of city history under their feet.

Originally approved in 2006 for four freestanding information signs, council modified the concept to include eight to 10 concrete bands to the Veteran Park History Walk Design in Veterans Park in March.

Staff returned to council Aug. 3 to present information the History Walk may include.

City Manager Hank Levien originally presented this concept to council after seeing the idea in action at a park in Denver, Colorado. The History Walk could be less expensive and last longer than freestanding signs, Levien said.

With a $20,000 budget, council voted to give staff the go-ahead to look for bids for construction of the concrete bands.

Levien said he wanted input from council if these examples “capture the history you would like to see or if there are other historical events in our region that are more appropriate.”

Imperial Beach History Walk

1300-1769-Imperial Beach Part-Time Home of Kumeyaay Indians

1769-Riveria/Crespi Expedition-1st Europeans in Imperial Beach

1848-U.S./Mexican War-Imperial Beach become U.S. Territory

1887-Imperial Beach becomes summer retreat for Imperial Valley residents

1909/1960/1988-Imperial Beach Piers Constructed/Reconstructed

1909-1910-First Sidewalks Built

1917-Aviation Field (Ream Field), Established

1956-July 18th-City Incorporated

1982-Tijuana Estuary Preserve Established

1999-Opening of Mel Portwood Pier Plaza

Councilwoman Bragg said Levien did a great job with no additional input from Councilmembers, but said she would like to see more recent events in stone as well.

“I would like to include something from this century,” Bragg said. “And that would be when we buried the time capsule. I know our city clerk has the exact coordinates of where this one is buried.”

Bragg said in her opinion, deleting when Imperial Beach became a territory and replacing it with the time capsule was her choice. She said staff should look within city limits to find a company who can create the slabs.

Councilman Jim King said it is very difficult to get good stamped images with concrete and proposed having the slabs manufactured by a company that make tombstones due to their longevity and clarity of text and images.

“You could get some nice stone, very durable and the engraving will last forever,” King said. “It could be an alternative to look at in looking at costs.”

This is agenda item 6.5 in the attached Aug. 3 City Council agenda packet.

 

Long-Range Plan Looks at Imperial Beach’s ‘Big Picture’ and Redevelopment Projects

http://imperialbeach.patch.com/articles/long-range-plan-looks-at-imperial-beachs-big-picture-and-redevelopment-projects

Long-Range Plan Looks at Imperial Beach’s ‘Big Picture’ and Redevelopment Projects

In the Big Picture, quality-of-life visions foresee an economically self-sustaining, pollution-free, small-town community.

• By Albert Fulcher
• Email the author
• 7:27pm

As a private consultant, Greg Wade worked on “Imperial Beach-The Big Picture” in October 2000. Now as the Community Development Department director this month, he updated the City Council on the progress of the foundation he laid for the city’s vision at a meeting earlier this month.

Wade called it a community-based effort, prepared with a lot of research and community involvement.

“Included in the plan are several main objectives,” he said. “The vision remains clearly the same in many areas.”

Counciwoman Lorie Bragg said many people present were part of the plan’s creation. She said looking back, the vision never deviated and seeing so much come to fruition was “remarkable and an immense sense of joy.”

“One thing that sticks out to me is how much of this was done through redevelopment funds and we would not be where we are now without that,” Bragg said. “That to me is a really scary issue. Without a redevelopment agency we could not have accomplished three quarters of this.”

Wade had a more “emphatic picture” of redevelopment in the city, with a conservative guess that 90 percent of successful work is due to the Imperial Beach Redevelopment Agency.

“Through redevelopment expansion and fiscal planning the city maintains a balanced budget and a healthy general fund reserve,” he said.

In looking at a list of primary target areas, the city completed, made significant progress on or scrapped ideas due to circumstances beyond the city’s control, Wade said.

One main element is a hotel to replace the Seacoast Inn.
Wade said it is a viable, top-notch visitor accommodation for the city to expand upon. The 78-room, four story hotel is currently under construction and will include a restaurant, rooftop patio and conference rooms, with construction expected to be completed in late summer 2012.

Councilman Ed Spriggs said the timing was perfect with the new hotel and the project reflects ongoing efforts by the city and community. He said it addresses the balance of a family-oriented beach community against the need for growth and expanded development in San Diego’s South Bay.

“It ties in with our proposed zoning plan and so many of the developments we have been talking about,” Spriggs said. “Seacoast Drive with the new hotel surely has to be a high priority due to the amount of tourism it will attract and support our businesses that are there.

“It behooves us as a Council and a community, in keeping with this vision, to do everything we can to create this walkable, attractive, safe and enjoyable environment now that this hotel is a reality,” he said.

Mayor Jim Janney said finding a way to push absentee property owners to meet the challenge of a developing area is essential for the future of the waterfront.

“They just sit there and I cannot understand it,” he said. “I wish there was a way through redevelopment, zoning or some kind of code that could force these people to seize the opportunity.”

Many goals set for the Palm Avenue Commercial Corridor are complete or under way, Wade said.

Redevelopment of the 9th Street and Palm Avenue area began first with Wally’s Marketplace and the Imperial Beach Promenade Shopping Center, complete with a major tenant, CVS Pharmacy and commercial businesses. This was the first joint project between the city and the Imperial Beach Redevelopment Agency in 2001.

“The vision for Palm Avenue was a neighborhood-friendly, active, beautifully landscaped, well-designed and vibrant commercial corridor supporting community residents and visitors alike while generating property and sales tax and business improvement,” Wade said.

For Seacoast Drive and the waterfront, the vision includes a quaint, casual, pedestrian-oriented waterfront district with widened sidewalks to provide visitors, residents and tourists with shopping and dining opportunities, hotel accommodations and well-designed, low-scale structures with an oceanfront vibe.

One major goal of the project that was scrapped is seeking the closure of Naval Outlying Landing Field Imperial Beach or Ream Field as it used to be known.

Wade said the vision in 2000 was to develop a master plan for Ream Field that would accommodate for the city’s public works yard and work towards the closure of the Navy base and future redevelopment of the site that serves the city of Imperial Beach. Then the ideas were to develop a new college campus, industrial park, research and development facility, resort and golf course, potential housing and additional ecotourism opportunities.

“Since 9/11, events have taken a different course,” he said. “There has been an increase of operations, Navy activity and is likely no longer a base realignment and closure candidate.”

Border Field State Park plans included use as an ecotourism and cross-cultural activity area, tourist-oriented development, working with Mexico on beach improvements and shuttle service.

“Again, after 9/11 the construction of the double border fence significantly altered the park,” Wade said. “Physical access has been compromised over the past few years. Many things are a thing of the past due to heightened security.”

“The partial relinquishment of State Route 75 has been recorded,” Wade said. “We are now the proud owners of a portion of that right-of-way. That will be designed as we move forward with the Ninth and Palm Avenue Project, creating a Main Street feel for what is now a state highway.”

Keeping the Tijuana River and Pacific Ocean clean is an ongoing active mission, Wade said.

After two successful sand replenishment projects, Wade said, efforts to fight erosion have paid off. A SANDAG Regional Beach Sand Project II is scheduled to begin in April 2012 to add between 120,000 to 650,000 cubic yards of sand to the beach.

A much larger project, the Silver Strand Restoration Project with the US Army Corps of Engineers, is a federal project, congressionally authorized and awaits federal funding. This project is not expected to progress with the current state of the national economy, Wade said.

Completed in February 2009, the Palm Avenue End Project includes new sidewalks, Portwood Pier Plaza and additional on-street parking.

On Fridays, the Farmers Market at Pier Plaza is an additional attraction for residents and visitors.

For the Miracle Shopping Center on 9th Street and Palm Avenue, Wade said the city is currently negotiating a disposition and development agreement with developer Sudberry Properties. National chains like Fresh and Easy, Starbucks and Panda Express have made commitments to be tenants.

Implemented along the Palm Avenue Corridor, the Facade Improvement Program has completed renovations of 11 storefronts, two are in progress, with 15 more businesses on the waiting list. The Old Palm Avenue Streetscape Improvement Project was completed in September 2009.

Imperial Beach Boulevard and 13th Street facade improvements include three buildings, 12 businesses and pending applications for four businesses. Three different mixed-use projects have been and constructed since 2000 on 13th Street that have provided new commercial retail space.

The Bayshore Bikeway connection around the edges of the salt ponds and creating a major connection for the Bayshore Bikeway to the city is complete.

New projects completed along Palm Avenue include the new Imperial Beach Health Center and North Island Credit Union.

The visions for East Imperial Beach was neighborhoods free of gang and crime activity characterized by well-maintained residential structures, repaved and landscaped streets, alleys and sidewalks.

Working with the neighborhood revitalization strategy with gangs and drugs the overall crime rate decreased over the past 11 years, dropping 37 percent since 2006, Wade said.

“There has been an active code compliance program that has resulted in significant improvement of private property maintenance,” he said.

“And the abandoned vehicle abatement supports a half-time position and has been a very important finding for our code enforcement staff.”

Street improvement projects Phases 1 and 2 are complete. Phase 3 is in progress and Phase 4 is in design and preparing for bid. These improvements in accessibility and safety have been a continuous process for the last 11 years, he said.

The city’s Clean and Green Program resulted in energy-efficiency improvements to 63 owner-occupied single-family homes, 18 are in progress and 78 on the waiting list. Wade said this viable program combats, in a larger perspective, global warming, sea-level rise and greenhouse gas emissions.

Spriggs said although he is amazed with the progress, the city has a long way to go in some of the high-priority areas. He said Old Palm Avenue is “ripe” for continued effort.

Mayor Janney said he was amazed at what the city accomplished. He said even the little things make a big difference in the quality of life for residents of the city.

Councilman Jim King said Imperial Beach is like the “little engine that could,” making it up the hill all the way despite obstacles.

Related Topics: 13th and Palm, Border Field State Park, CVS, Imperial Beach, Imperial Beach Redevelopment Agency, Jim Janney, Lorie Bragg, Palm Avenue, edward spriggs, and jim king

What projects are most important to you in The Big Picture? Tell us in the comments.

City Council Revisit $10,000 Code Enforcement Case

 

Imperial Beach Councilmember Lorie Bragg

Government

City Council Revisit $10,000 Code Enforcement Case

Councilwoman Lorie Bragg said city staff need to back off and give property owners more time in a particular code compliance case.

By Albert Fulcher | Email the author | 3:06pm

With almost $10,000 in citations and a lien on the property, City Council discussed what to do next for a home on Hickory Court struggling to meet IB code enforcement commands at last week’s meeting.

In siding with property owner Donna Musick, Councilwoman Lorie Bragg instructed city staff to follow “the spirit of the law verses the letter of the law” at last week’s City Council meeting.

Councilman Brian Bilbray said Bragg was “absolutely right” and supported giving Musick more time.

“At this time, during a recession, you can’t really go after somebody as hard as we are going after them. I feel it is wrong,” he said. “I drove by today and there has been definitely a good amount of strides made to clean up the property.”

Council unanimously approved a resolution which provides Musick and co-owner Miguel Del Rosal a further abeyance of $1,350 in civil penalties.

A deadline has been set for August 15 to fix all code violations, or city staff or contractors will do it themselves. The topic will be revisited by City Council in October.

Greg Wade, the city’s Community Development director, said this case dates back to March 17, 2010, after staff received two separate citizen complaints of property conditions. Citations were then given in May, June, July and November 2010. Late payments carry penalty and interest charges, and make up nearly half of the $9,900 fine.

He said staff advised the property owners of three violations: visual blight, inoperable vehicles on the property and property maintenance.

Following a Council meeting last month, Musick said she was told by code enforcement officer David Garcias to keep him informed of any progress, have three licensed contractors do estimates for what it will cost to fix the roof, provide a timeline on how long it will take to come up with the money and allow him to inspect the property in the near future.

“I do not believe that I have to do all of the stuff that Mr. Garcias was strong-arming me to do,” she said. “It’s a little bit more than I can do right now. I need time. I need to know whether he is within his rights to require a licensed contractor. But, meanwhile, I would just like a little breathing space.”

In her appearance before the Council last Wednesday Musick provided new pictures of her home and other houses within a block of her own with abandoned vehicles, debris and storage along the side of the home.

“My house is not the worst out there,” she said.

“I don’t know why I am being set out from everybody else,” Musick said, who is currently unemployed. “I don’t feel that I am being treated as fairly as I should be.

If I don’t have the money and I got one contractor to loosely say it would cost about $8,000 to replace the roof, how am going to be able to pay the $10,000 in fees.”

“In this case, coming before Council is what we call egregious cases,” Wade said.

“The property maintenance conditions are substandard, constitute public nuisances and we bring it to the Council for assessment and civil penalties.”

Musick said she did not understand why she could not fix the roof herself with proper permits rather than get three estimates from three licensed contractors.

“I need to have the roof fixed. I was told that my tent trailer and the Corvair needed to be removed and I needed to let him know the progress in getting those removed from the property. And since then, Mr. Garcias has come on to the property at least three times taking pictures.”

Wade said citations went ignored, and according to municipal code, staff had no other option then to seek compliance with direction from City Council.

Bragg said this is a tough case, but in her opinion, not egregious. She said Musick came to last month’s Council meeting and there were personal issues the city was previously unaware of.

“To her own admission, she is going through a divorce,” Bragg said. “Her property is going up for sale. She is going to have to come up to code at that time. She is unemployed.”

Bragg said there comes a time when you can operate in the spirit of the law, not the letter of the law and in her observation she perceived that Musick was dealing with all of this own her own.

Musick nodded in agreement.

“I think she needs more time. I think we need to back off on this,” she said. “And I think we need to have a little sympathy. I would like to extend the time, keep the fines in abeyance and give her possibly until September.”

Property owners have removed most of the trash and debris, Wade said, but roof and property maintenance conditions are substandard and do not comply with code.

“You can’t see the tarp from the sidewalk and I have cleaned up the items,” Musick said. “I got rid of the van. I am doing a title search on the trailer now so I will get rid of it as soon as possible.”

Wade said the suggestion for her to get three bids was in her response of inability to pay for the improvements so she could get the best price. He also said getting three estimates was a suggestion, not a requirement.

He said permits are available for homeowners to do it themselves, but that roof repair can be dangerous for homeowners and professionals alike. Wade said staff could only speculate what is required in repairing the roof, as the city has not been able to do an official inspection.

“I would also like to respond to the fact that at no point in time has Mr. Garcias gone on the property in this case,” Wade said. “Pictures were taken from the right of way. Pictures from adjacent properties had expressed permission and authorization from those property owners.”

Wade said there was no contact with Musick until staff encountered them at the property.

“Once we encountered them, we gave them additional time to comply,” he said.

“We then never heard from them again. There may be cases like this on or around the block but we have not had citizen complaints on them.”

Wade said allowing the property owners may give the appearance of uneven enforcement, but that it’s up to the Council to prioritize citizen complaints.

“We are bound to follow up on them, enforce the code and are directed by City Council to do so. That is why we are doing it in this case,” he said.

Mayor Janney said he had seen little progress and supported the resolution until Wade said the resolution included city staff taking over repairs after August 15 if violations still exist. Janney said he was not sure on June 15 to make that decision and say “go” on August 15 is the right thing to do. He said everything other than that in the resolution was appropriate.

“But to give that kind of authorization at this moment, I am not sure I can support that part of it,” he said. “I think we should strike that from the resolution. That is more invasive on the properties and in my eight years on the council we have not done that very often. It should not be taken very lightly. There is a lot of cost and there could be legal ramifications. I would like to see this case again before we authorize that.”

Councilmember Ed Spriggs said that even in a sympathetic case like this, if you pull that provision there is no incentive to accomplish it in the next two months.

“We are leaving it wide open essentially for no effort or no action. I think that is my concern–there is no penalty or risk to inaction.”

King said he supported Bragg and it is unfortunate when these cases drag out for a year or more.

“We spend a lot of staff time and money on this,” he said. “I appreciate the efforts on the part of the owner. I think she has shown good faith moving forward.”

How much of an incentive is $50 a day, per violation in civil penalties, for homeowners to fix code violations? Do you think code enforcement is an effective city management tool? Tell us in the comments.

 

 

Amid State Budget Uncertainty, City Council Plans for Worst in Passing New Budget

 

Imperial Beach City Manager Gary Brown

Government

Amid State Budget Uncertainty, City Council Plans for Worst in Passing New Budget

Redevelopment agencies, reserves and general fiscal stability were the subject of Wednesday night’s meeting as City Council approved proposed budgets for the next two fiscal years.

ByAlbert Fulcher|Email the author|June 16, 2011

One hour before the Imperial Beach City Council sat down to pass a budget plan for the next two years, Sacramento lawmakers approved a state budget but offered little specific information.

Soon after, Governor Jerry Brown vetoed a budget plan passed by state Democrats, sending the legislature back to the drawing board and leaving budgets for Imperial Beach and California uncertain.

Should threats by state government to get rid of redevelopment agencies come to fruition in a final budget for the coming fiscal year, the city of Imperial Beach may have a $300,000 hole in its operating budget for years to come, said Finance department DIrector Michael McGrane.

“Characterizing this budget, it is status quo,” McGrane said. “The same budget we have had over the past four years will continue for the next two years. There is nothing new or different in this budget.”

McGrane said revenues and expenses for the next two years are based on fiscal history, but not as conservative as in the past.

“That is a big hit to our city,” he said about RDA funds. “It curtails making capital improvements and attractions to our city. It causes a $300,000 operational gap that we have to address.”

McGrane said the problem in addressing RDA elimination is that until a final deal is reached, it’s hard to tell exactly how much it will impact city funds.

The proposed operating budget for the 2011-2012 fiscal year is $33.2 million.

The proposed budget for the 2012-13 fiscal year is $33.6 million.

Of those totals, general operating costs represents $16.96 million in 2011-2012 and $17.12 million in 2012-2013. City council passed the budget with four ayes and Councilman Ed Spriggs abstaining.

There is currently $7.4 million in city reserve or contingency funds.

Budgets for the city and state for the 2011-2012 fiscal year begin July 1.

City staff and Councilmembers expect the amendable budget to be back before Council soon, possibly by its next meeting July 6.

Mayor Jim Janney said the city’s total budget will be $1.5 million in the hole for the next two years and have no money for capital improvements without RDA funds.

Council has to figure out what is best in services for the community and to look towards harder solutions now, he said.

“At what time are we going to break down and say we can’t afford as many Sheriffs as we have had in the past,” Janney asked. “When do we do something similar to Lemon Grove and say we have to outsource our Recreation Department?”

At more than $5 million annually, aside from paying city personnel, the city’s contract with the Sheriff’s Department is the single largest expense on the budget. Increases in Sheriff costs may rise more than $450,000 above current rates by the 2015-2016 fiscal year.

Janney said though consequences of the loss of RDAs in unknown, the city has to start planning now with the idea that it is going to get tough, with or without RDAs.

“It’s just going to get worse, the $300,000, right off the bat is from redevelopment. I believe there is a lot more in there. We do not know how earlier agreements with the RDA is going to hold up, what the consequences of those are,” he said.

He asked City Manager Gary Brown to come back with ways to broaden Council’s scope. He said the city’s reserve funds are rarely used and for good reason. “Even though it looks large, it won’t last long,” he said.

Councilman Brian Bilbray said the city relies too much on outside money. That dependency is like playing “Russian Roulette,” he said, and it is finally catching up. Council had to look at how the city got in this position in the first place, he said.

“There was more importance on their pet projects instead of really thinking about what my generation is going to have to sit up here and do,” to figure out how to keep the city afloat, the 26-year-old Bilbray said.

“I don’t see where we can cut a whole lot. It’s a shame. Hopefully, we can deal with it in the future, but it’s not looking too good.”

McGrane said making choices with so many unknowns now would be ugly.

“I would recommend that you adopt the budget,” he said. “You have a budget in play. Should this happen, you have plenty of reserves. I have trouble taking real decisive actions that would hurt when the government does not yet know what will happen.”

Included in the plan is authorization to pay the Public Employment Retirement System (PERS) side fund balance that will reduce interest costs and could save up to $110,000. McGrane said the budget is balanced with the PERS side fund payment and more realistic, but there is a trade off with the PERS payment. There are savings over time, but it reduces city reserves.

“In the budget resolution, if you adopt it tonight, is language that we control the budget at each department level,” McGrane said. “There are 27 general fund programs. We will be back if in fact redevelopment goes away.”

“I believe what happens with the RDA is the gorilla in the room for our budget,” said Councilman Ed Spriggs.

Spriggs suggested Council look at contingencies in a different way, and the trade-off from PERS should be reevaluated.

“$110,000 savings versus a significant chunk of our contingencies going into a fairly uncertain time period. We have to look at ways that don’t require the consumption of our contingency funds that we may very well need in the near future,” Spriggs said.

The long-term impact threatens the city’s financial infrastructure, said McGrane.

In contrast to PERS savings, he said, state level COPS grant and jail-booking fees are in question. Imperial Beach receives $100,000 a year for public safety from these funds. He said the state has been paying this fee for the past few years and if lost, the city will have to start paying somewhere between $30,000 to $80,000 a year.

McGrane said he reviews the city general fund twice a week, after every payroll and in the budget cycle, and staff will come before council frequently, he said.

“Department heads are extremely aware of the budget, and responsible,” McGrane said. “There is more money saved here by department heads than I have seen working with other cities.”

Councilwoman Lorie Bragg said that as a former coordinator of the Imperial Beach Senior Center and employee of the City of Imperial Beach, she had to go through the budget monthly, line by line.

“So the controls are there,” Bragg said. “They have done a superior job with what little money they have to deal with.”

City Manager Gary Brown said this budget does not anticipate layoffs. He said that as much as possible they are not backfilling positions.

“My department has already absorbed the position of assistant city clerk,” said Brown. “That has not been filled and we are trying to make do with what we have. The assistant city manager position is at half its level with part-time.”

“I think we have to figure out where our value is and go back to a city government that basically goes back to core services, and that is it,” Janney said. “And it’s going to get tough on employees and on what people expect to see when they walk out their door.”

Spriggs questioned if City Council was in a position to adopt the tentative budget. It’s difficult for him to comprehend approving a budget that already shows a negative balance, he said.

“If we have this $300,000 hole or larger, aren’t we going to be back here in a couple of weeks looking at our budget,” he said.

Janney said it was not negative today and the results of state laws are unknown. Brown said he would not be surprised to see city redevelopment agencies come together in a class action lawsuit against the state, but there are still too many unknowns.

“The way I am looking at it is we have to approve this budget, we do have money in the reserves depending on how this all plays out in Sacramento,” said Councilwoman Bragg.

She said the city needed to proceed with caution, and mentioned that other cities are doing programs through volunteers when it comes to services the community wants to keep.

“I think the time is here to put the brakes on a lot of things and looking at programs such as graffiti removal,” she said. “We have a ton of money in that. The community is going to have to get used to the fact that some of the services are gone,’she said.

“Graffiti is removed in 24 hours. Well maybe it’s not going to be removed. Maybe you are going to have to get out there and paint it over yourself.”

 

What do you think should be the city’s top priority right now in dealing with so many unknown factors to the city and state budget?Tell us in the comments.

http://imperialbeach.patch.com/articles/off-leash-dog-beach-remains-on-short-leash

Government, Volunteers in the News

Off-Leash Dog Beach Remains on Short Leash

Money, location and liability questions still concern City Councilmembers and city staff when it comes to creating an off-leash beach for dogs in Imperial Beach and a proposed six-month trial period.

By Albert Fulcher | Email the author | 5:26pm

In looking to move forward with a leash-free dog beach six-month trial period between Palm and Carnation Avenues, City Manager Gary Brown asked direction from council on seven recommendations made by his office.

Brown recommends the city and IB Yappy enter into a Memorandum of Understanding (MOU) to have the group who intially proposed the idea to the city take on certain roles and responsibilities during the trial period.

He recommended policing the area, liability disclaimers, ensuring bags to dispose of waste are available and joint evaluation of the site with the city.

“As our attorney sees it, all liability falls with the pet’s guardian,” Brown said.

Mayor Jim Janney questioned placing responsibilities on IB Yappy with a MOU, noting that he thinks there is little the small organization can do.

Brown said IB Yappy will not be liable for anything, but it would be a simple agreement to police the area and educate dog owners on the rules. Brown said the MOU would have no more legal backing than a handshake.

Mayor Pro Temp Brian Bilbray reiterated his support to giving the trial a chance and agreed IB Yappy could play a role monitoring the trial period.

“It is just too easy for a city to say no,” he said. “I think it is very reasonable to enter into a MOU with IB Yappy.”

Gene Hillger, Ocean Blue Foundation president said the foundation supports a leash-free dog park and agreed to add additional plastic bag dispensers in the area should a dog park be approved.

“You are always going to have objections,” Hillger said. “We all know that the dog owner is liable and there is no liability to the city.”

Brown said the Coastal Permit process is for public information to residents and that the project would require an expensive environmental review. He recommends the option of Council requiring IB Yappy cover the cost of the Coastal Development Permit and environmental review.

“Let’s use the Farmers Market as an example,” said Brown. “We tried to keep the cost down, but the Farmers Market did have to pay a portion of that cost.”

City estimates suggest it could cost $20,000 to get a leash-free dog beach approved.

Hillger said it’s not right to expect the residents of the city come up with the money. He said Ocean Blue is dedicated to the project and will provide as much financial support as it can, but the large figures he has seen is money his organizations and residents cannot cover.

“I encourage you to make it as easy as possible on the people proposing this,” he said. “I’m not going to come up with that amount of money and I doubt IB Yappy is either.”

Tim O’Neal said he lives on the beach and his family supports a leash-free dog area. He said this is no different from Skate Park, which was built for the community, and that IB Yappy shouldn’t have to be responsible for financing the project.

Councilwoman Lorie Bragg said it is a difficult decision boiled down to two things: location and money.

Bragg suggested looking toward other locations.

“Does it have to be at the beach?” she said. “If we look at the parks, we might not have to go through such an environmental review expense. That is the reality of it.”

Dr. Mike McCoy, veterinarian and long-time local environmentalist said Dog Park in Balboa Park is a good example of how a good dog park works. He said all dogs act differently off-leash, and many can be aggressive and confrontational. Other concerns he has includes behavioral differences in non-spayed/neutered dogs and the spread of disease among non-vaccinated canines.

“The owner of the dog is going to have to take the responsibility in order to make this idea work,” McCoy said. “There are those who do not take the responsibility. If you are going to make a public leash-free area with coastal access, you need to think about that.”

Hillger said the majority of dog owners are responsible people that obey the rules, pick up after their pets and keep their animals under control. He said if it fails in the six-month trial then take the privilege away, but he thinks Imperial Beach dog owners are capable.

“To me, these are just the types of arguments that come up when someone just doesn’t like the idea or don’t want to try something new,” Hillger said. “Let’s give the city of Imperial Beach residents the benefit of the doubt.”

O’Neal said either you are a responsible dog owner, or you are not. This is for the locals and the locals respect the beach.

“We see more dog owners on the beach with Ocean Blue’s blue bags than not,” he said.

McCoy said he has dealt with dog bites, attacks and dog beach leash-free areas for many years and in his experience, the majority of attacks are a small dog against a large dog, and costs of animal care from attack can be high.

“If you are going to mix public into an off-leash situation,” McCoy said. “That is going to have to be thought through very carefully. You never know how these things are going to develop.”

Bragg’s main concern, opening innocent bystanders for attack with a public leash-free area on the beach.

“And that scares me,” she said.

Brown said the Coastal Development Permit is more intended to raise public awareness of the proposal for area residents.

He said the city could forgo the permit and hold a public meeting for residents in the area. Then an ordinance can be brought to the City Council to suspend the city’s current on-leash rules for the six-month period or go through the City Attorney.

Janney requested to move forward with the ordinance and schedule the public meeting at the same time as the first reading. He also requested notification of all residents in the immediate area of the public meeting. Janney said if anything comes up that involves litigation, the process needs to stop for reevaluation.

The mayor said he fully supports the trial period but wonders how the city can work around the costs.

“There has to be a way to do this in some way to give it a trial,” he said. “Then prove it either will work, or won’t.”

Do you think a public venue is best for a leash-free trial? If the leash-free trial goes through and is successful, which location do you think would better serve the community? A beach or a park? Do you see more responsible dog owners in your neighborhood? Tell us in the comments.