Mayor Janney: Property Value Increases Key to City’s Future

Rezoning for increased density, business permit applications and tourism focus of long-term goals to close looming budget deficits.

The City of Imperial Beach faces a $350,000 budget gap with the start of the new fiscal year July 1, and possibly a $1.5 million gap in the next two years.

City Council took immediate action on one of its short-term goals to incentivize staff to quit last Wednesday, and talked about the city’s long-term vision.

Mayor Jim Janney said Imperial Beach is already a “lean and mean” government and with possible state and federal tax increases, raising local taxes is not an option.

“If some of these employee incentives work, we are going to be at bare bones,” he said. “The disparity between our property tax revenue versus our sales tax, property tax revenues is much larger than sales tax. It is property value that drives those numbers.”

Janney said the city has to inspire property owners to do more with their land.

He said underutilized places to look are the 13th Street quarter, Palm Avenue, the north bay front and the west side of 7th Street that could hold more density if rezoned.

He said there is no motivation for current and prospective owners to move forward with rehab of old property or construction of new property.

“I think we should look at some of the zoning changes that would fit in the corridors that would not affect single-family residential areas,” he said. “We need a real bang for our buck here in these times.”

Councilman Ed Spriggs supported Janney and said with the public safety budget being the “guerilla in the room” that the city had difficult decisions to make. He said council really needs to grow a larger local economy and tax base.

He said at a recent economical development presentation the core point was identifying the city’s major assets and investing around them.

“Ours is in tourism, specifically manifested around the new hotel,” said Spriggs. “Every community needs to decide on where its growth engine is and who its anchor tenants are.”

He said along with the Port of San Diego the city has put out millions of dollars into the waterfront area and that is where investment is necessary. Spriggs said not to take a “scatter gun approach,” but to be strategic and focus efforts likely to have the best return.

“We know through our ecotourism study that tourism and ecotourism are keys to our growth,” Spriggs said. “The tourism environment also improves our quality of life because we can use some of those same amenities in this community. It is a clean industry and something we should all be thinking about more seriously.”

Spriggs said he was not looking to rezone Seacoast Drive, but to focus on what is available to work with around the hotel.

“This is not an area that we have had a consensus as a council,” he said.

Spriggs said businesses he spoke with would like to see the city streamline permit applications to get their businesses operating.

“That is what is going to drive filling in those lots, but we have to do as much as we can to attract more people coming in,” he said. “I think we need to listen to what the businesses are saying.”

Councilman Jim King said this is hard now because redevelopment was the city’s “basket of tools.”

“It is also the question of putting all of your eggs in one basket, and I don’t think we should do that either,” he said. “We are not on the decline, financially we are, but as far as Imperial Beach being a place to go, people love this place.”

Long-term goals was a discussion item only, no actions were taken.

Councilmember Brian Bilbray was absent.

To see all recommendations by city staff, see agenda item 6.3 on the attached agenda.

Earlier in the meeting, council unanimously approved a Voluntary Separation Incentive Program (VSIP) to create vacancies, providing flexibility to restructure city staff. VSIP offers a cash payment based on years of service and offered to all fulltime positions with the exception of city managers, finance director and fire safety positions.

Approved employees with 10 years of less receive $7,500, 11-19 years—$12,000 and 20 years plus—$20,000.

The city will pay $501 per month for a year to cover those under the city’s health plan, and $240 per month for those not.

Additionally law required the payment of vacation and sick leave where applicable.

Capped at $250,000 these onetime expenditures will be paid with contingency reserves. City staff said it is too early to give a savings estimate until it knows how many participate.

http://imperialbeach.patch.com/articles/mayor-janney-property-value-key-to-city-future

City Council Takes Steps to Dissolve Redevelopment Agency

New hotel at the site of the old Seacoast Inn in construction.

With the California Supreme Court’s recent decision to uphold state laws, redevelopment agencies must be dissolved by the end of the month. IB City Council appointed the city’s Housing Agency as the successor to redevelopment projects at their meeting last Wednesday.

Cities across California are scrambling to meet a Feb. 1 deadline to dissolve redevelopment agencies, and must name a successor to their redevelopment agency by Friday.

By approving three resolutions at a Jan. 5 special meeting, City Council designated the Housing Authority as the successor agency to the Imperial Beach Redevelopment Agency. The Housing Authority was created last year in response to threats by Govenor Brown to eliminate redevelopment agencies.

The Housing Authority will have the ability to perform fair housing functions previously assigned to the redevelopment agency.

Council also ratified the transfer of housing assets from the redevelopment agency to the Housing Authority.

City Manager Gary Brown said the law states that city government could declare itself successor agency to the redevelopment agency. This gives the Housing Authority the ability to do the projects previously done with housing funds through redevelopment.

In February 2011, City Council created the Housing Authority shortly after the governor proposed dissolving redevelopment agencies. City Council and staff serve as commissioners to the Housing Authority.

“You will be in charge of dissolving the facets of the redevelopment agency,” he said. “And you will be monitored by a seven member oversight committee.”

Special Counsel Susan Cola said if cities do not follow through with this procedure, then ultimately it will be the decision of the county how these funds are used and could be less favorable for the city.

Brown said the Oversight Committee consists of two people selected by City Council and two appointed by the County of San Diego Board of Supervisors. Cola said that the district’s school superintendent and colleges appoint stakeholders, but there are things that still needs to be worked out and the formation of the committee is still unclear in some areas.

“If you wanted to change or negotiate something, you would have to go to them,” she said. “Additionally you will have to deal with the county because they will have control of the funds. So everyone is going to have their hands in how dissolution occurs.”

Councilwoman Lorie Bragg said she would assume that this committee would have Imperial Beach’s “best interest at heart,” but Cola said that is an incorrect assumption.

“They are going to look at their own hard facts, costs and each will be looking out for their own interest,” said Cola. “It is critical that you build the coalitions with the Mayor and establish a good relationship with the county auditor who will have control of the flow of the money.”

Cola said there is a consensus on how the committee will operate, but there are some grey areas and will probably be flushed out in progression.

“I actually hopeful that there will be an extension, because it will be a mess otherwise,” she said.

“It is important to appoint someone who knows what the city’s needs are and plays nice with the other committee members who can use their influence in order to accomplish certain goals of the city.”

Councilmember Jim King said the “grey areas” concern him the most.

“I think that this is the best move for the city to be making,” he said. “We are in the best position to move this forward, and bring to the table the things we have worked so hard for. It is the only true viable way to protect our interest.”

Cola said the future is speculative at this point. The California Redevelopment Association is trying a two-step approach. One, to postpone the dissolution date of Feb. 1 to give people time to create fixes to the existing legislation.

“I have also heard the CRA may be lobbying to have some agencies created with limited powers like Brown Field’s housing,” Cola said. “But since the governor pretty well has everything he wants I don’t know what the outcome of that is going to be. I would stay tuned for the next couple of months.”

Cola said litigation and a restraining order was filed to get temporary relief in order to prevent theoperation of Assembly Bill 26 (dissolving redevelopment agencies) based on interference with contracts.

“You are in good shape, you already have consummated your agreements, you have contractual obligations with third parties to the extent you can carry that out,” she said. “They have the power to unwind some things so the ideal is to get projects to a certain point that it is not economic for the deal to be unwound.”

Brown said there would be a meeting Jan. 18 to work out where current city projects stand at this point.

Mayor Jim Janney said that many cities are following up with similar procedures in reaction to the court’s ruling.

“It is pretty complicated, but I believe they (city staff) are getting us up ahead of what’s coming here,” he said.

Janney called the issue a moving target right now, that there is more to come and planning is poor.

“We have to be both flexible and out in front of this,” said Janney. “This is the most important thing. We have projects that are not only shovel ready, but the shovel is already in the ground. These are things that actually bring benefit to the people of Imperial Beach.”

Janney and other city officials have opposed the idea of getting rid of redevelopment agencies since it was first suggested during Gov. Brown’s 2010 campaign for governor.

http://imperialbeach.patch.com/articles/imperial-beach-city-council-takes-steps-to-dissolve-redevelopment-agency

City to Paint Bike Lanes to Take Steps Toward Bikeway Loop Through IB and Bikeway Village

http://imperialbeach.patch.com/articles/city-to-paint-bike-lanes-to-take-steps-toward-bikeway-loop-through-ib-and-bikeway-village?ncid=M255#photo-2603047

City to Paint Bike Lanes to Take Steps Toward Bikeway Loop Through IB and Bikeway Village

The city still wants to create a bike path for cyclists through IB and create a bike-friendly environment. Discussions continued about the future of the Bikeway Village development that could include shops and a hostel.

No matter which way you’re traveling on the Bayshore Bikeway, Imperial Beach is a nice place to slow things down or grab a bite to eat before trying to tackle the rest of the 24-mile bike path that encircles San Diego Bay.

That’s the idea behind the Eco Bike Route Bikeway, which would allow cyclists on the southern tip of the Bikeway to make a detour through Imperial Beach for a close-up view of the city’s sights.

It’s a far cry from the kind of bikers the city was known for in the past.

Eco Bike Route

Entering the city at 7th Street, the Eco Bike Route Bikeway will take cyclyists straight down Palm Avenue and to the beach and Seacoast Drive.

It then travels up Imperial Beach Boulevard, past the Tijuana Estuary, hangs a right and circles behind the Seaside Point neighborhood, up Connecticut Street, and back onto 7th Street and the Bayshore Bikeway.

Plans for an Eco Bike Route have been slow to come to fruition. A bikeway looping around IB was first proposed as part of the city’s 1994 General Plan.

At a May 18 meeting where City Council was asked whether or not they want to continue with efforts to build a bikeway, Public Works Department director Hank Levien said $405,000 have been spent so far on design, environmental review, permits and other costs.

Councilmembers are concerned with additional costs to the city in current economic conditions, but will continue to look for funding and ways to keep the project moving forward.

On Aug. 5, council directed staff to add designation of bicycle lanes and sharrows (shared roadway markings) to the city’s street improvement projects.

The bike lanes would share the road with cars and would stretch the span of Seacoast Drive and go from Palm Avenue to Imperial Beach Boulevard and to 3rd Street.

See a map of the bicycle transportation plan in the attached photos.

Potential fiscal impact to the city varies greatly, from less than $5,000 to the approximate $2 million. Council further directed staff to include any Eco Bike Rroute designations in mind for future projects that fall within the project boundaries.

Palm Avenue Eco Bike Route and Calming Project

The Palm Avenue Eco Bike Route and Calming Project is the first part of the project. Part of the Eco Bike Route, it is located in the Palm Avenue right-of-way, from 3rd to 7th Street.

Designated signage and bicycle lane stripes, on street parking, are expected to provide traffic-calming measures and improve the aesthetics of landscape and streetscape to create a desirable location for pedestrians, bicyclists and motorists.

Having expired, City Council adopted a resolution to extend the Administrative Coastal Development Permit on June 15 for the Palm Avenue Eco-Bikeway. Though approved, cost of this project and the traffic impact coming into the city were major concerns to council.

Councilwoman Lorie Bragg, who voted no, said she has historically objected to the project.

“Based on the total cost, even with grants, based on traffic congestion and parking, there are just so many things about this project that I cannot wrap my arms around. I am just going to vote no, again,” Bragg said on Wednesday.

City Planner Jim Nakagawa said that with the new coastal permit, the city is actively seeking funding for the project through grants and San Diego Association of Governments (SANDAG).

An attempt to receive funding for the project that was applied for a few years ago was denied by SANDAG because the application included paying for street construction not applicable to the grant.

Mayor Jim Janney, who is a Second Vice Chair on the SANDAG Board of Directors, said the regional planning agency promised money to cities for these types of projects and a viable source of funding.

“This project, if it is going to be built, is going to be done so through grants,” Nakagawa said.

Ultimately the plan is to eliminate a lane in both directions and replace them with a Class 2 bicycle lane, landscaping and curbside parking.

“The ocean is where people want to get to,” said Councilman Ed Spriggs. He said he favored the plan and it creates the type of environment the city wants for locals and tourist. “I am wondering the traffic impact with our main street into the beach being cut down by two lanes,” he said.

Hank Levien, Public Works department director, said the city used two models to consider traffic growth. SANDAG estimates that the lane change will lead to more congestion in growth projections and may result in a downgrade in the street’s traffic grade.

Though the 2010 census found a decline in the city’s population, SANDAG predicts the city’s population will grow 22 percent between 2000 and 2030.

Levien said it is hard to take stock in this model, as it has been incorrect over the past 17 years.

“I am not sure that the growth that they are predicting will happen here,” he said.

Greg Wade, Community Development Department director, said city traffic is not something staff takes lightly. In the Environmental Impact Report that evaluated the project, the SANDAG projection of traffic is D or F by 2030.

He said many consultants use the Florida method of traffic analysis, which evaluates actual impacts on an hourly basis including a.m. and p.m. peak hours and compared to a 24-hour capacity and the city found a more appropriate method to use.

“It is represented by hour-by-hour traffic impact analysis,” Wade said. “In the Florida method if you evaluate this project there are no failing levels of traffic impact.”

Spriggs said he did not want to “beat a dead horse,” but the cost is expensive and wondered how people would get to the beach during peak periods throughout the year and still had reservations of the possible congestion problem with this project.

“Again, we are looking at our central Seacoast [Drive] area becoming more of a Mecca. That is our vision,” Spriggs said. “We are going to have shops, affordable housing units, pedestrian walkway and a community that attracts visitors. Our own population will have year round use of it. We want this to be a gem of southern California.”

City Manager Gary Brown said there is no real way to predict future traffic patterns.

He said he sees little difference in traffic congestion with this small portion of Palm Avenue. He said to look at places like Fisherman’s Landing in Point Loma.

“People want to be where there are people,” Brown said. “The traffic is horrible there, but people still manage a way to get there, because they want to. I have the same vision as everyone else here. It would be a delight to have some traffic jams here because people wanted to be here that much.”

Mayor Janney again reiterated that he believes funding is available to pay for the bike route.

“If we put ourselves in the right spot, at the right time, which we might be in the next year or two, we might get somebody else to pay for the vast majority of this project,” he said. “And I am talking about the vast majority. I am hoping that will help Imperial Beach in this project and connecting the Bayshore Bikeway down to this area.”

Bikeway Village Project

On the northern boundary of the city’s 13th Street access point to the Bayshore Bikeway, the proposed Bikeway Village project seeks to revitalize existing warehouse structures with retail, commercial and recreational facilities.

Plans include a public patio, additional parking for cars and bicycles, public restrooms, rest areas and a possible hostel to provide affordable visitor accommodations.

Negotiations have not begun for what will fill the Bikeway Village. Its commercial zoning opens it up for a possible hostel and some recommendations include a cafe, restaurant and bicycle shop. These processes will begin after environmental documentation is completed and approval by the Coastal Commission.

Portions of the project that concern the California Coastal Commission staff include possible impacts to local wetland habitat and nesting bird species, traffic, circulation and parking.

In October 2010, council directed staff to enter into a contract with RECON for environmental planning and associated rezoning of property not to exceed $125,300.

City Council and the Imperial Beach Redevelopment Agency approved an increase in allocation up to $300,000 in January for the project including environmental documents and public improvements.

Part of the alternative includes the usage of “reverse diagonal” parking on the east side of 13th Street between Cypress Avenue and Calla Avenue.

Wade said traffic engineers, planning professionals and bicycle advocacy groups consider this new parking configuration to be safest for bicyclists and the learning curve to drivers is minimal. Parking signs designate and instruct drivers on use of reversed diagonal parking. Motorists have a clear and direct view of oncoming motor and bicycle traffic as opposed to backing out of a diagonal parking space.

He said this configuration works in Solana Beach and was recently implemented in La Mesa and on a recent trip he saw it in-use in the small town of Victor, Idaho.

Wade said the project site has little to no access for public parking and reverse diagonal parking increases the parking spots in the area. He said this was an important element of the project, as staff needs to complete the project description for the environmental document that council directed staff to proceed with on behalf of the applicant.

“One of the goals we are trying to achieve is a regional parking resource for the Bayshore Bikeway,” Wade said. “The dual focus of the parking is to support both the regional facility [Bikeway Village] and the bikeway. We are trying to maximize that parking and to supply and provide additional support parking for the project.”

Planning is still in the beginning processes and the applicant asked for city assistance in off-site improvements.

Wade said current fiscal estimates are more than $300,000 and looking at future parking changes in the area on parts of Florence Avenue and Cypress Avenue and the adjacent alley brings the estimated cost to off-site improvements to $1.1 million.

Total parking capacity in the area results in 105 parking spaces. Wade said the city is preparing this plan in mind with the Coastal Commission’s concerns, and this is the best avenue to provide enough parking spaces to support the Bikeway Village and the Bayshore Bikeway.

Bragg said that compared to other projects in the city, these off-site improvements are a bargain. She said she fully supports this project and the alternative parking.

“Ever since I have been in Imperial Beach we have not put barely a drop of money into anything on that side of town,” Bragg said. “I think this is an awesome project and I embrace it whole heartedly. I would like to see us think outside the box. If Victor, Idaho can do it, so can Imperial Beach.”

Janney said he is worried that the city is going overboard on what the public can afford.

“I don’t want to limit the way we can provide for this project by saying unless the public puts something in the project can’t work. And, we don’t have the funds to do it,” said Janney. “I want to make sure we are not backing ourselves into a corner here. I am worried that we are committing to something that we do not have the resources for.”

Despite the Mayor’s concerns, City Council voted unanimously for staff to move forward with the alternative plans with reverse diagonal parking.

Bayshore Bikeway Project

Councilmember Jim King said he sits on the Bayshore Bikeway Committee with SANDAG and reported that the segment between National City and San Diego is almost complete. The last remaining areas of the southern portion along the Salt Works is the challenge for completing the Bay Boulevard route from Main Street to L Street in Chula Vista.

“It is still moving forward,” he said. “There are wetlands immediately on the west side of Bay Boulevard along the Salt Works and to the north.”

King said the “last leg” from National City to downtown will take longer due to” physical constraints inherent in the lay of the land” and the multiplicity of interest in the area like the railroad, NASCO, Navy, parking, bridges, traffic, Harbor Drive, trolley tracks, Barrio-Logan Planning Community Plan, Port of San Diego and more.

“This segment will complete the majority of the bikeway,” King said. “The segment between J Street and F Street will temporarily be a long Bayshore Boulevard until the completion of the Chula Vista Bayfront development project.”

On Aug. 5, SANDAG broke ground on a new 1.8 mile portion of the Bikeway in Chula Vista from H Street to Palomar Street which is expected to cost $1.5 million. So far, 12.5 miles of the Bikeway is paved and dedicated to cyclists, SANDAG said.

 

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.

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.

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

Bilbrays Oppose Banning Medical Marijuana Dispensaries in Imperial Beach, Still Plans Move Forward

Briana Bilbray speaks to Imperial Beach City Council on her personal struggles with cancer and the need for medical marijuana dispensaries, cooperatives and collectives.

Bilbrays Oppose Banning Medical Marijuana Dispensaries in Imperial Beach, Still Plans Move Forward

Facing advocates again, city council passes all ordinances for prohibiting medical marijuana dispensaries in the city, with the exception of one, Council members continue debates on the terms of collectives and cooperatives within city limits.

By Albert Fulcher | Email the author | 11:15am

Silence fell over City Hall Wednesday evening as 24-year-old Briana Bilbray told Council about her struggles with Stage 3 melanoma cancer that had spread into her lymph nodes.

She said she was in the last stages of chemotherapy and was disappointed in comments made by Councilman Ed Spriggs at the last Council meeting about medical marijuana dispensaries in Imperial Beach.

“I read in an article a quote from Spriggs saying that chemo patients don’t have to go that far to get the medicine they need,” she said. “Reading that comment, I can tell Mr. Spriggs really doesn’t understand chemo at all.”

She said words nausea and fatigue are “really pretty words” compared to the actuality of its consequences.

“Tired is an understatement from what you feel, Mr. Spriggs,” said Briana Bilbray. “You feel like you just want to die. I didn’t even want to breathe I was so tired.”

Her brother Mayor Pro Tem Brian Bilbray reiterated his support of allowing medicinal marijuana in Imperial Beach, unlike the rest of the City Council.

He called it irresponsible and said if the city will not provide a dispensary, it should model Chula Vista allowing collectives and cooperatives in the city.

“But something we all need to think about is that it is not our jobs to sit up here and say who and who does not need medical marijuana,” said Councilman Bilbray.

“That is between them and their doctors. Our job is just to say if people in the city actually need this, and what is the responsible thing for the city to do to avoid extra cost to the city through litigation or putting it on the ballot. It is going to cost the city more. Again, I will not be voting for this.”

Briana Bilbray brought about $200 worth of nausea medicine with her and said they are “not worth a lick” and useless for her condition.

In contrast, she said one dose of medical marijuana relieves her for an entire day. Banning dispensaries does not punish the abuser, but the patients in need, she said.

“You have no idea. It is like the difference between night and day for chemo patients,” she said. “Not only are you infringing on my right as a California resident to obtain the medicine I need, but you are punishing me by making it more difficult to get the one thing I really need.

“It is one of the worst feelings imaginable,” she said.

City Manager Gary Brown presented two items before City Council Wednesday related to the ban: a second reading of zoning regulations for medical marijuana distribution facilities and a first reading of the ordinance related to business licenses.

He said this is a result of council instructions to change the minimum or maximum number of people with the ability to cooperatively and collectively, use, cultivate and distribute medical marijuana from “two or more persons” to “four or more.”

Spriggs said council did not have the opportunity to examine the amended change of people’s ability to use, cultivate or distribute marijuana collectively or cooperatively and said the language “four or more” is an exemption of the ordinance prohibiting dispensaries for three people and his concern is it can lead to the conduct of activity the city is attempting to avoid.

“That’s the point. Four or more,” Spriggs said. “If we have this exemption of three or less what are the worst case scenarios of three of less overriding the ordinance against medical marijuana dispensaries within the city limits? Can you operate something akin to a dispensary?”

City Manager Gary Brown said he did not think it would approach the dispensary patterns seen throughout the region, having three or less people operating as a cooperative.

“Probably doing it in a back yard,” Brown said. “I am not sure if it would be legal, but in effect I don’t think there would be much of a chance that a formalized business dispensary would be open. It is likely that somebody might try and have something in their neighborhood.”

Spriggs said increasing the number from two or more to four or more, cultivating, dispensing and using opens the opportunity for various trials of “these kinds” of operations. He said two or less has less chance of these types of operations to occur. “I clearly said earlier, the issue is not legitimate users, it was the abundant testimony we had regarding abuse by people that do not have legitimate medical marijuana need,” he said.

City Attorney Jennifer Lyon said the current state of law talks about an affirmative defense for those who get together to cooperatively and collectively, use, possess and distribute marijuana.

“There is nothing currently in the law that is a mandate to every city to locate a cooperative or collective in your city,” she said. “The cases and the law that is out there suggest that cities have the ability to regulate location and establishment of dispensaries, cooperatives and collectives. They have zoning power. That is one of the fundamental rights of the City Council.”

Spriggs said if this evolved into a business that only legitimate patients used, the council would have a completely different view.

“I have no axe to grind for anybody that really needs it,” he said. “But we have this huge abuse situation, demonstrated in many communities. There is no reason to think that we would be immune for some strange reason from the abuses that have taken place elsewhere.”

Vice Chair for the San Diego Chapter of Americans for Safe Access Marcus Boyd said four cancer patients came to his office since the last Council meeting June 15 and every one of them made him cry.

He said he was disappointed with the “perversion of the political process” over two years on this issue. He said council has “trampled the rights of those that are injured, sick and dying.”

Councilmember Lorie Bragg said it was unfair to say council had not done due diligence.

“We have all done outreach across the board to many members of the community,” she said. “When we vote on something, it is because we have talked to many people. And our vote reflects what the majority of the people want us to do.”

Boyd said council made its decision in private meetings, based on “Reefer Madness” propaganda provided by the Sheriff’s Department, overturned state law and intimidated medical marijuana patients at the last Council meeting.

“At the last Council meeting speaking on this issue when patients plead with you not to break the law, you ridiculed them,” Boyd said.

“And you attempted to alienate them from the political process. You had a large contingency of county Sheriffs lined up outside intimidating every patient that walked through the door. And, to top it off, the deputies took out their cameras and began snapping pictures of the patients.”

Councilman Jim King said the issue boils down to providing availability for patients and determining where patients can find the substance. He said council looked at it in the terms of the size of our city.

“I personally believe in one regard it would be nice to accommodate it,” King said. “But in the other regard there are things that have not been worked out and problems that are consistent in a number of dispensaries.”

King said he read all the material. He said the constant referral to Council falling under “Reefer Madness” was incorrect.

“I do not want to deny anyone’s access. This is not an easy issue on a community-based level,” he said.

Boyd said Council might think it is putting this issue to rest but assured that the issue will stay “front and center” in 2012 elections.

“It is not too late to change course,” he said. “I urge you to table this vote tonight. Give the facts and findings about this lands use issue a fair and balanced review. The sick and dying patients deserve at least that from you.”

Mayor Jim Janney motioned to adopt the report and the June 15 staff report and to adopt resolution 2011-70.

Motion to wave further reading and adopt zoning ordinance 2011-1119, “to add Chapter 19.61 to the municipal code, relating to medical marijuana distribution facilities for submission to the California Coastal Commission.”

“Medical marijuana distribution facilities are prohibited uses in all zoning districts in the city of Imperial Beach. The city shall not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a medical marijuana distribution facility in the City of Imperial Beach.”

Motion to dispense first reading of ordinance 20111-118 amended “any facility where four or more qualified patients, persons with identification cards and primary caregivers meet or congregate collectively and cooperatively to cultivate or distribute marijuana for medical purposes” and “set the matter up for adoption at our next regularly scheduled city council meeting to July 20.”

The Motion carried, with all but Bilbray voted yes on all motions.

How much control do you think city council should have in medical marijuana cooperatives and collectives in Imperial Beach? 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.
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